2013-16 AUTHORIZING EXCEPTIONS TO THE ZONING ORDINANCE

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DEVELOPMENT SERVICES MEMORANDUM No. 13-21 March 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 on or direct access to a public street in the 5100 Block of North Hickory Point Frontage Road SUMMARY RECOMMENDATION: Staff recommends approval of an ordinance authorizing exceptions to the Zoning Ordinance allowing no direct access and no frontage 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. The City Plan Commission voted 8-0 to recommend approval of this petition a( the March 7, 2013 meeting;the minutes of the meeting are attached. BACKGROUND: The Final Minor Plat of Fifty-One and Seventy-Two Fourth Addition has been reviewed 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 two (2) lots in which the proposed Lot Two (2) will have no frontage on and no dirOct access to a public street, but will have access to a public street through an existing private street. The purpose of the subdivision is to create two (2) lots for future development of the proposed Lot (2) and allow for the sale of the hotel on the proposed Lot One (1). 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, by approval of a subdivision plat so showing submitted, heard ad considered in the manner provided in the subdivision Regulations for the City. In the absence of sucha plat, Council may expressly permit such access or approved frontage on a private street, lane, place or�vay connected with a public street or way. The current public right-of-way terminates near the southernmost entrance of the Cracker Barrel Restaurant. The existing 24 foot wide concrete private access road is acceptable to the City to serve the existing hotel as well as future development on proposed Lot Two (2). The City would not require a new road to be constructed that meets current city standards. Staff will support the no frontage on and no direct access to a public street for the proposed Lot Two (2) if the existing private access road is maintained as such to ensure proper emergency vehicle access. POTENTIAL OBJECTION: There were no known objectors at the Plan Commission Meeting. INPUT FROM OTHER SOURCES: The petition has been reviewed by the City's Technical Review Committee; Planning, Engineering and Fire have approved the request.