The staff recommends that the Board of Commissioners consider denying this amendment based on the concerns below. However, if approved, all other previously approved conditions/stipulations should remain in effect; especially the District Commissioner to approve the final site plan after review and comments from (staff) plan review.
The project is zoned RSL and subject to numerous zoning conditions/ stipulations. This request is to construct a dedicated public street in lieu of the private streets originally approved. The access is still limited to Morgan Road and all units are interior to the proposed street.
Staff is concerned with this proposal as all units are directly adjacent to the proposed right-of-way, providing nominal setbacks. If the original proposal had proposed public infrastructure, it is unlikely the existing density of 4.98 units per acre would have been granted since staff comments were based on this development utilizing private utilities and streets.
Easements, setbacks and intersection requirements need to be addressed if the infrastructure is to be public. This project is presented as a condominium and most condominiums don’t utilize public infrastructure, they utilize private infrastructure with common areas.
The details for this request are not clear. The requested amendment is either to:
1)allow the entrance road and cul-de-sac along with the underground utilities below that roadway to be deeded to the county; or,
2)allow almost all the impervious surface not under a rooftop to be deeded to the county. This option is illustrated more clearly on page 12 of the preliminary filing, being all the area in white. Since this is a condominium development, the county is being asked to assume responsibility for any grounds that aren’t landscaped; from the garage door to the cul-de-sac and out onto Morgan Road.
In either case, we ask that all roadways, rights of way, utilities and setbacks meet all county ordinances and standards. Documentation to that effect must be provided.
To do anything else would be like granting a C.O. without any building inspections.
If the construction cannot meet all ordinances and standards and be documented as being in compliance, we ask that this request be denied.
Board of Commissioners Action (December, unofficial): HOLD for the February 17, 2009 Board of Commissioners Zoning Hearing.
Board of Commissioners Action (February): not available yet.