Highland council to review decision on 160-townhome development

(Daily Herald) For the second time in recent months, Highland residents are saying they were misled by opaque agendas.

On the Dec. 8 Planning Commission agenda, a 160-unit subdivision of townhomes was listed only as "Toscana at Highland -- Site Plan Application -- Review and Consideration for Approval." Neither information was given to indicate that Toscana was a subdivision, nor its size, nor that no elected official would be voting on it.

"I thought it was a restaurant," said Councilwoman Kathryn Schramm, calling the agenda "misleading."

Locating and digging into page 53 of a 100-page document on the city's Web site was the only way for the public to learn what Toscana actually was. And even that document appears to have never stated how many townhomes would be built. In fact, the document, prepared by city staff, repeatedly refers to Toscana as a "townhome" subdivision, potentially causing lay readers to think it was an application for a single home in a subdivision.

Acting on the advice of the city attorney, frustrated Highland elected officials have filed legal action to reverse the Dec. 8 approval of the subdivision.

"The Planning Commission acted beyond their authority," wrote Councilman Brian Braithwaite in an appeal filed on Wednesday. "There is a compelling, countervailing public interest that would be jeopardized."

Mayor Jay Franson refused to file the appeal himself, saying he washed his hands of the matter.

"I will not make the appeal, because I'm gone," Franson said. "I can tell you right now that I'm not going to make the appeal."

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