Action Summary:
title
A RESOLUTION APPROVING CERTAIN ENCROACHMENT IN THE RIGHT OF WAY OF NEW MACLAND RD; AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
The property located on New Macland Rd, north of Macedonia Road within the city is in the land development permitting process for a townhouse development. The townhouse development was approved by Mayor and Council on January 8, 2022 (PZ 21-045), with said zoning amended on 9/19/2022 (PZ 22-029) to allow up to 41 townhouses. During the land development permitting process, the developer discovered that due to the topography of the site a large retaining wall would be required. Rather than place the wall along the property; increasing cost of the development and affecting the usability of the back yards of the subject lots, the developer requested to increase the buffer width, by placing landscaping in the right-of-way. This would allow the developer to create a slope from the right-of-way onto the private property and increase the landscape buffer. Additionally, it was found that New Macland Road has inadequate right-of-way based on the required dimensions found in the Unified Development Code. Sec. 8-63 of the Unified Development Code requires arterial roadways to have a minimum width of 100 feet, requiring the right-of-way in front of the new development to be 50 feet from the centerline. The site plan is consistent with the plan presented at zoning which did not include the required right-of-way dedication. The developer is agreeable to donating the right-of-way but will place all required plantings in this same area. Staff is agreeable to this request; however, an encroachment agreement is required. The encroachment agreement must show that the HOA is required to maintain all landscaping in the right-of-way.