Planning Commission approves Diamond Creek preliminary plat and rezoning, with conditions

The Dayton Planning Commission on Oct. 3 voted 5-0 to approve a set of applications for the Diamond Creek addition: a comprehensive plan sewer-staging amendment, a zoning map amendment from A-1 (agricultural) to GMU-5 (general mixed use) and a preliminary plat composed of outlots intended to be marketed and developed later.

Staff planning director John (city planning staff) told commissioners the proposal would move the project's sewer staging from a later decade into current staging so the developer can proceed with street construction and initial infrastructure. John said the preliminary plat is intentionally drawn as outlots because the developer "does not know what the eventual use is going to be," and the city wants streets and utilities in place before future developers subdivide buildable lots.

Developer representative Ken Streeter, representing the Schaney Group, said his team has sent an attorney's letter to the city committing to resolving access with the adjacent north property owner before any buildings are constructed. "For the last three years, all I wanna do is build some roads so we can sell some land," Streeter said, arguing the preliminary plat should allow flexibility given wetlands and other constraints.

Commissioners and city engineers debated several technical conditions. Staff had recommended an 80-foot right-of-way for the north half of the project where city roads would be required; the applicant initially proposed 50 feet and said 60 would be acceptable if the commission required it. Commissioners and engineering staff discussed space needs for turn lanes, emergency bypass lanes and joint utility trenches. On emergency access, staff said a temporary emergency-access easement would be required and "whoever builds first would actually build the emergency access."

The commission also discussed wetland and floodplain constraints, the location of a multi-use trail (staff said 3 Rivers Park District will build a trail along the west side of the road and the preliminary plans can be revised to move the trail), and the choice between recorded drainage-and-utility easements versus separate agreements recorded against the property that expire at final plat.

Speaker 3 moved to approve the comprehensive plan amendment, the zoning map amendment to GMU-5 and the preliminary plat "subject to the conditions we discussed here," including a 60-foot right-of-way and not showing the right-of-way to the north property line on the preliminary plat. Speaker 5 seconded the motion. The commission voted 5-0 in favor. Staff indicated the item will go to City Council on Oct. 22.

Next steps for the developer include revising the preliminary plat to reflect the commission's conditions and providing any documentation staff requires for sewer, grading and stormwater review. The approval is for the preliminary plat and amendments as specified; final plats and any future replatting of outlots must return for review and meet city standards.