2013-47 AUTHORIZING EXCEPTIONS TO THE ZONING ORDINANCE

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DEVELOPMENT SERVICES MEMORANDUM No. 13-09 February 27, 2013 TO: Honorable Mayor Michael T. McElroy and City Council FROM: Ryan P. McCrady, City Manager Billy Tyus, Assistant City Manager Suzan M. Stickle, Senior Planner SUBJECT: Zoning Ordinance exception allowing no frontage or direct accoss to a public street in the 1100 Block of East Pershing Road SUMMARY RECOMMENDATION: Staff recommends approval of an ordinance authorizing exceptions to the Zoning Ordinance allowing no direct access and no frontag$ on a public street with the following conditions: 1. A private access road disclaimer and maintenance statement shall be required on the Final Plat in order to ensure properly maintained access for emergency;vehicles as approved by the Public Works Department. 2. Prior to the approval and release of the Final Plat, the construction of t e private access road must be completed and approved by the Public Works Departmen , a Subdivision Bond in the amount of 120% of an approved Engineers Estimate for the work associated with the private access road must be submitted to the City of Decatur OR language shall be required on both the Owner's Declaration and the Final Plat to ensue the construction of the private access road to City Standards prior to the development o Lot 3 of the proposed Girl Scout Addition. The City Plan Commission voted 8-0 to recommend approval of this petition)at the February 7, 2013 meeting; the minutes of the meeting are attached. BACKGROUND: The Final Minor Plat of Girl Scout Addition was review�d by Engineering, Fire and Planning. The petitioner is requesting the approval of no direct access to a public street and no frontage on a public street. The owner proposes to subdivide the property into three (3) lots in which the proposed Lot Three (3) will have no frontage on and no direct access to a public street. According to the Zoning Ordinance each lot shall have frontage on,!direct access to, a public street or way that is improved to City standards, unless the Council shall otherwise direct. The purpose of the subdivision is to create three (3) lots for future development. The request to have no frontage on and no direct access to a public street is being proposed oto allow flexibility to develop proposed Lots One (1) and Two (2) while ensuring that future development on proposed Lot Three (3) will meet requirements for access. i The developer agrees to construct a private access road that will meet cit standards in the previously dedicated easements at the time of development of the proposed Ll Three (3), which will give the proposed Lot Three (3) access to the public right of way once de4eloped.