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Commission approves Legacy Woods rezoning and conservation PUD with conditions
Summary
The commission approved a rezoning and conservation planned-unit development (PUD) for the 104-acre Legacy Woods project, rezoning it to A3 and requiring a conservation easement. Staff will work with the applicant to refine the easement boundaries and trail and park-dedication conditions.
The Dayton Planning Commission voted 3-0 to approve the preliminary plat, a conservation PUD and rezoning of the 104-acre Legacy Woods site (previously Shaney North) to the newly adopted A3 agricultural district.
Staff said the proposal would create 10 lots ranging roughly from about 5 to 20 acres, and that the project meets the A3 district’s requirement of roughly two units per 20 acres and a minimum 1.5 net-acre buildable lot standard once wetlands and steep slopes are excluded. The developer’s plan calls for homes on wells and septic systems and a menu of A3 conservation items intended to preserve corridors of open space and allow future urbanization if sewer becomes available.
A key discussion focused on the proposed conservation easement area. Staff recommended a city-held conservation easement that would let the city exclude the easement area from net-density calculations under the city’s comprehensive-plan approach. Staff said marking and managing the easement as city-controlled land would aid future comprehensive-plan density accounting.
Applicant Zach Rall of BK Land Development told the commission he and buyers pay a premium for large private lots and urged limiting upland restrictions: “Bringing [an easement] into the high ground and limiting what these people can do is really gonna limit the desirability,” he said, asking that the easement be drawn narrowly around delineated wetlands where possible.
Commissioners discussed contour lines and connectivity between wetland complexes and suggested revisions to balance corridor connectivity with parcel usability. Staff indicated the easement boundary on the plan followed a bluff/topography line (roughly the 890-foot contour) and acknowledged the line could be adjusted; staff recommended the trail easement and park dedication conditions remain as part of the approval.
Commissioner Darren moved approval of the preliminary plat, conservation PUD and rezoning to A3 with the requirement that staff continue to refine the conservation-easement boundary and trail easement; Commissioner Jeff seconded. The motion passed, 3-0.
Staff noted that park and trail dedication fees will apply and that the conservation easement language will be drafted following standard city practice; staff said typical easements allow limited passive trails but otherwise preserve natural conditions. The commission requested that future submittals include net-area calculations (net acreage after wetlands and steep slopes) to clarify density impacts.
The commission also discussed future sewer routing shown in the city’s 2040 comprehensive-plan maps and noted potential alignment and lift-station needs if the area develops with municipal sewer in the future.
