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11.A.2. GEN DEVELOPMENT, INC. – APPEAL OF A PLANNING AND ZONING COMMISSION DECISION TO DENY A PRELIMINARY PLAT AND ADMINISTRATIVE PERMIT APPLICATION – LEXINGTON PLACE – MASTELLER AND MOLER, INC. (Quasi-Judicial) Planning Director Stan Boling used a PowerPoint presentation to display the subject site and reviewed the contents of his memorandum dated July 6, 2004 (copy on file in the backup). He explained to the Board that on May 13, 2004 the Planning and Zoning Committee (P&Z) denied this preliminary plat and administrative permit application. After analyzing the review made by P&Z Commission, staff concluded that P&Z did make errors in three of the four areas of appeal review and he explained those findings to the Board. Staff concludes that the application does meet the criteria of the Land Development Regulations (LDRs) and recommends that the Board overturn the P&Z decision and approve the request. Because this site was so heavily wooded, Chairman Ginn and Commissioner Macht questioned whether the project would be subject to the upcoming revisions to the tree protection ordinance. Director Boling responded that it is subject to the requirements of the tree ordinance and Director Keating and Attorney Collins supported his response. Commissioner Macht asked for direction from Attorney Collins who explained that this is a use of permit application. There are specific use criteria and if that criterion is met the Board can approve the application. He told the Board they do not have the discretion to deny a project that has met each and every regulation of our codes. Upon Chairman Ginn’s request Director Boling repeated criteria 3 regarding compatibility. The Chairman wanted to see how the tree ordinance affected this project. She th posed other concerns involving lot and home sizes, the drainage ditch on 5 Street SW, the traffic impact and the sale prices of the homes. If agreed upon she wanted to place restraints on the JULY 13, 2004 16