HomeMy WebLinkAboutVII(B) Kensington Manor Amendment to the Final Subdivision Plan Agenda 08-03-2004
Item VII B
STAFF REPORT
DATE: July 19, 2004
TO: The Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Planner
- .__ROUGH: Russ Wagner, AICP, Director of Planning
SUB Cnsington Manor (fka McElroy Place)
A the approved Final Subdivision Plan
Project
ISSUE:
Should the Mayor and City Commissioners approve an Amendment to the Final
Subdivision Plan for Kensington Manor?
BACKGROUND:
The Kensington Manor Subdivision, formerly known as McElroy Place Subdivision,
includes a total of 127 single-family residential lots, located on the south side of
McCormick Road at the intersection of the future Clarke Road extension. The Final
Subdivision Plan for this project was originally approved on April 1, 2003. The
infrastructure in the subdivision is nearly complete and home construction will begin
shortly.
DISCUSSION:
The builder, Morrison Homes, has proposed an amendment to the approved Final
Subdivision Plan that would:
• Reduce the number of single-family residential lots from 127 to 126 by
changing Lot 65 from a residential lot to a lot that would contain a
swimming pool, a cabana, and a parking lot. These facilities would be
surrounded by landscaping, screening the activities from the surrounding
residences.
• In addition, the builder seeks two waivers. They are:
(1) Reduce the required minimum rear yard setback from 30 feet to 25
feet.
The justification given is that the top end home model offered by the
builder is 70 feet deep. The builder expects strong demand for upper
end homes. Lot coverage will still not exceed 35%, though.
(2) Relax the requirement that a community building is to be completed
prior to the subdivision Certificate of Completion being issued.
Instead, the community building plus a community pool / cabana is to
be completed prior to the 51st home Certificate of Occupancy.
The justification given is that the builder intends to construct the
community building and a pool with cabana, but if the amenities are
built prior to residents moving in, they are subject to trespass and
vandalism.
Prior to the sale of the first lot to a homeowner, the developer will erect and maintain a
The Honorable Mayor and City Commissioners
July 21,2004
Page 2 of 2
sign on Lot 65 that provides notice to potential homebuyers that the area (Lot 65) is
reserved for the future construction of a community pool and cabana.
The developer has adjusted the figures in the Site Data Table on the Final Subdivision
Plan to reflect the removal of Lot 65 for use as a residential building lot to use for
recreational purposes, and has added the request for the two waivers.
By Special Warranty Deed, Lot 65 will be transferred from McElroy Place, LLC to
Kensington Manor Homeowners Association, Inc. An Affidavit of Corporate Seller will
be signed by Edmund P. Hampden, President of Tallman Corporation, Member/Manager
of McElroy Place, LLC. And a Partial Release of Mortgage will be executed between
AmSouth Bank (Mortgagee) and McElroy Place, LLC specifically relating to Lot 65.
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Commissioners approve the Amendment to
the Final Subdivision Plan for Kensington Manor, as date stamped received by the City
on July 1, 2004. as it relates to utilizing Lot 65 for recreational purposes and granting a
waiver for a reduction in the rear setback line from the required 30 feet to 25 feet to
accommodate higher end home construction while maintaining the maximum 35% lot
coverage, and granting another waiver delaying construction of the community building
plus a pool and cabana sometime prior to the Certificate of Occupancy being issued for
the 51st house.
Attachments: Amended Sheets for Final Subdivision Plan for McElroy Place
0:\Staff Reports\2004\SR04052 CC.doc