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Developer told to pursue planning & zoning waiver after council questions open-space swap for road upgrades
Summary
The Enclave developer asked to satisfy open-space requirements by improving nearby roads and constructing amenities rather than dedicating land; legal counsel and staff said the code limits in-lieu options to land or money unless a waiver is approved through planning & zoning, so council advised the developer to pursue that path and tabled a decision.
Sean (city staff) presented the Enclave Subdivision's proposal to modify the required 15% open space by offering road improvements, additional improvements to adjacent streets and low-maintenance recreational facilities. The developer's representative said they were not seeking to "get out of open space" but believed road and infrastructure upgrades would better serve the community.
City legal counsel reviewed code 16.28.020 and explained that alternative means to satisfy open-space requirements are limited to land or fees unless the developer pursues a formal waiver process under code 16.32, which requires a planning & zoning recommendation before the council can grant it. Council members debated the merits of the trade-off, emphasized parks funding versus HOA-limited amenities, and ultimately voted to table the matter and direct the developer to work with staff and pursue the P&Z waiver process.
