Days after a judge ruled that a controversial Highland townhouse project was a go, Highland has placed a moratorium blocking similar subdivisions.
In December, planning commissioners here approved 160 three-story townhomes after being told by city staff they had no other choice. Council members decided to fight the decision and filed an appeal. Late last week, a judge ruled that according to city law, the Planning Commission indeed had no choice but to approve the subdivision.
"We are pleased as punch," said Nate Hutchinson of Flagship Homes, the developer of the Toscana project in Highland. "We are getting ready to build."
Physical construction will begin in March and the first townhomes will be ready by the end of June, he said. They will be priced in the $170,000-$200,000 range.
"The median home price in Highland is $430,000," he said. "We feel we will be bringing a nice affordable product."
On Tuesday, council members expressed their displeasure by placing a six-month moratorium on other city-center development, which is governed by the law in dispute.
"We don't need to draw this out," said Councilman Tom Butler. "We need to make this a more streamlined approach and more business-friendly without abdicating our complete authority as council members to the [Planning Commission, which] has a recommendation responsibility and not a legislative responsibility."
"They met the basic requirements," countered Councilman Larry Mendenhall of the townhome subdivision, noting the city, according to the judge, had authorized the Planning Commission to approve subdivisions that meet specific requirements, as is done in many cities. "Perhaps we need to look at how married we are to tradition, and move forward a bit, and give the Planning Commission sufficient authority to make land-use decisions."
It doesn't make sense for the city to run developers "around the mulberry bush five times" through endless review, Mendenhall said. "We need to figure out how to make it work and make it work quickly."
"This city has had visionary concepts over and over and over and when reality hits, sometimes the vision doesn't fit the situation," said Councilman Brian Braithwaite, noting he believes the council must refine its law. "You have to step back and say what is it we really want. This moratorium is our ability to see what is going on. ... That is why I want to put this moratorium in place."
In a recent open house with residents, developers and elected officials heard an earful from some residents who oppose the project. Hutchinson said there will always be some who may oppose change, but others have softened their stance.
"We were very open about what we were doing, and making sure we met city code," he said. "A lot of people at that meeting have approached us since then. I'm sure people are still against it, but we've had positive feedback from people that used to be opposed but have seen plans for the project and how nice the units will be."
The subdivision "is going to be a boost for Highland," he said.

