Representatives of the Payson Pines subdivision will make their case before the council for a zoning change during Thursday's meeting of the town council.
The current developers went before the Planning and Zoning commission on June 9 to request that the 7.70 acres on the east side of North McLane Road between Payson Pines and Payson Ranchos Unit 1, be rezoned to allow for an additional 32 residential lots.
The commission voted 5-1 to deny the request and recommended to council that they do the same.
The primary reason for the denial appeared to be that the developers have not secured a water supply for the expansion.
Subdivisions are required to find their own water supply and the original Payson Pines subdivision down-sized and found themselves with extra water which they believed could be used for additional subdivisions.
"We've taken the position that we have water credits," Payson Pines representative Brian Young told the commission. "We had residual water and we expect to be able to use that."
Public Works Director Buzz Walker disagrees. According to Walker, transferral of unused water to another subdivision requires a development agreement or a council action establishing water credits. Walker said there is no documentation to show that either of these actions were taken.
"Quite to the contrary," Walker stated in a memo to the developers, "action taken by the town council in December 2001 pursuant to Ordinance No. 599 anticipated that the unused water supply for the original subdivision would not be used for additional development."
In a preliminary assessment by Walker on the subdivision's water supply, he stated that "the proposed Payson Pines #3 subdivision has not yet proven a new water supply necessary to meet the requirements of a 32-lot subdivision. The proposed water supply is to come from "unused" water supply from the original Payson Pines subdivision.
Following the commission meeting, Young wrote a letter to Chairman Bob Flibotte asserting that the Ordinance No. 599 that Walker refers to has "no mention of water issues whatsoever."
"It is disappointing that the commission is unable to encourage such development in that, it seems, Mr. Walker has the only voice in the type and amount of development approved," Young stated.
This issue now rests in the hands of the council.
The meeting begins at 6 p.m. in council chambers at town hall and is open to the public.