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Planning commission approves Territorial Grove rezoning and 42‑lot preliminary plat with access caveats

Dayton Planning Commission · November 7, 2024
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Summary

Pulte Homes’ Territorial Grove preliminary plat and rezoning from agricultural to R3 for 42 single‑family lots was approved after discussion about a pipeline easement, the existing driveway on an exception parcel, sight-line constraints at East French Lake Road and proximity to wetlands; commissioners accepted the plat 4-0 while advising attention to driveway alignment and sightline improvements.

The Planning Commission approved a rezoning and preliminary plat for Territorial Grove, a 42‑lot single‑family subdivision at the northwest intersection of Territorial Road and East French Lake Road. The developer, Pulte Homes, presented a plan that incorporates a pipeline easement cutting diagonally through the site and converts constraints into a usable trail corridor and open space amenity.

Pulte representatives said they adjusted the plan following earlier feedback, adding pedestrian and amenity features (for example a proposed pickleball court in lieu of a simple tot lot). Staff and residents raised traffic-visibility and access concerns: East French Lake Road’s approaches to Territorial Road include a steep grade and limited sight lines at the intersection. Commissioners and staff agreed to work with engineering to improve sight lines through grading and trimming overgrown vegetation that appears to encroach into right-of-way.

A specific access question involved a privately owned ‘exception’ parcel (an existing home) whose owner seeks to retain driveway access to Territorial Trail. Staff and commissioners discussed alternatives including accepting the retained access (with the caveat that future redevelopment of that exception parcel could require reconfiguration) versus requiring the owner to provide a perpetual easement or alter plans to avoid future conflict. Commissioners noted that, in many cases, future redevelopment would require separate negotiations or an additional platting step.

Pulte and staff also discussed lots adjacent to a gas-main easement; the gas company asked for lot shape changes to reduce encroachment on the pipeline easement. The developer indicated it will add buyer disclosures where easement restrictions limit backyard uses. After discussion of sight lines, roadway connections and pipeline easement constraints, the commission voted 4-0 to approve the rezoning and preliminary plat, with standard engineering and plat recording conditions.

Commissioners asked staff to follow up on sight-line improvements at East French Lake Road and Territorial Road and to confirm that the pipeline easement and lot configurations meet both safety and buyer-disclosure expectations.