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construction. Larsen noted that the applicant's architect and the arborist had good reputations locally. Mayor Pro Tem Warshawsky asked if the applicant foresaw any problems with the alternative fire engine turnaround proposal. McKeegan explained that if his project was approved and it was a Condition of Approval, he would work with his civil engineer to meet the requirements. Warshawsky noted that he had visited the site and read the information in the staff report. He empathized with the applicant's long review and redesign process. Warshawsky explained that he understood that the neighbors were losing a beautiful undeveloped lot covered with oaks but the applicant had been very accommodating and he supported approval of the project with the additional recommendations profferd by Councilmember Kerr. Councilmember Summit complimented the McKeegans on their efforts and compromises to address the concerns of the neighbors and their redesign of the project to preserve the trees, lower the height and reduce the footprint of the home. She thanked them for their cooperation with the Pathways Committee, Planning Commission and arborists. Summit supported approval of the project. Mayor Mordo supported the project. He empathized with the neighbors' loss of the undeveloped lot but added that this was a buildable site and the applicant had met all of the Town's requirements and had the right to build his home. He concurred with the recommendations of Councilmember Kerr. • MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Larsen and passed unanimously to uphold the Planning Commission's approval of the site development permit and grading exception with the following modifications: Amendments to the existing Conditions ofApproval: #4. For Trees #35 and #4, the chain-link tree protection fencing shall be located as close to the drip line as possible. #5. The Town will engage an independent certified arborist to implement the Tree protection measures. #22. The location of the pathway easement through the property connecting Ursula Lane to Edgerton Road shall be determined by the Pathways Committee and Town staff. New Conditions o LApproval • The retaining wall for the driveway and fire engine turnaround shall be stained a natural earth-tone color. • To preserve Tree #4, the project plans shall incorporate the alternative fire engine turnaround shown as Attachment 7 of the Staff Report to the City Council dated April 23, 2009. If the alternative driveway turnaround is not acceptable to the Fire Department, the project shall incorporate the hammerhead design approved by the Planning Commission. • The applicant shall dedicate to the Town a 30 foot wide easement to allow the construction and use of a 5 foot roadside path along the panhandle adjacent to Ursula • Lane to Black Mountain Road. 10 City Council Regular Meeting Minutes April 23,2009