2013-47 AUTHORIZING EXCEPTIONS TO THE ZONING ORDINANCE

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Excerpts from Plan Commission Minutes of February 7,2013: Cal.No. 13-05 Petition of TR of DECATUR, LLC, o allow for no frontage or direct access to a public street located in the 1100 BLOCK of EAST PERSHING ROAD. Ms. Suzy Stickle was sworn in by Mrs. Janet Poland. Ms. Stickle presented the recommendation of staff: The subject site is currently developed with office buildings. The Final Minor Plat of Girl Scout Addition was reviewed by Engineering, Fie 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. Ac ording 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, by approval of a subdivision plat so showing submitted, heard and considered in the manner provided in the subdivision Regulations for the City. The purpose of the subdivision is to create three (3) lots for future development. The petitioner proposes to subdivide the property into three (3) lots. The proposed Lot Three (3) will have no frontage on and no direct access to a public street. The developer agrees to construct a private access road that will meet city standards in the previously dedicated easements at the time of development of the proposed Lot Three (3 , which will give the proposed Lot Three (3) access to the public right of way once developed. The request to have no frontage on and no direct access to a public street is be ng proposed to allow flexibility to develop proposed Lots One (1) and Two (2) while ensuring that ture development on proposed Lot Three (3) will meet requirements for access. Staff will support the request for no frontage on and no direct access to a public ctreet for the proposed Lot Three (3) if a private access road is built to City Standards and maintained as such to ensure proper emergency vehicle access. Staff recommends approval of the no frontage on and no direct access to a public street with the following conditions: 1. A private access road disclaimer and maintenance statement shall be r quired 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 the private access road must be completed and approved by the Public Works Department, a Subdivision Bond in the amount of 120% of an approved Engineers Estimate fort e work associated with the private access road must be submitted to the City of Decatur OR the City and petitioner must come to a mutually agreed upon option for ensuring that the private access road is constructed. 3. Petitioner must submit to the City a mutually agreed upon method of proof that the owner of Lot 1 of the Joyner Radio Inc. Subdivision will allow the access across their property and allow construction of a private access road to serve proposed Lot Three (3) of Girl Scout Addition.