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Commissioners approve rezoning cleanup and revise access conditions for Dawson Forest development
Summary
The board approved ZA2507 (Bend Trail rezoning) as a cleanup to match the future land-use map and amended ZA2508 (Dawson Forest LLC) to require two access points with a connection in place by the 50% certificate-of-occupancy milestone for the proposed townhome phase.
The Dawson County Board of Commissioners approved two zoning items on Nov. 20, including a routine cleanup and a conditional amendment to a planned commercial/residential development.
ZA2507: County planning staff and the applicant said a house has existed on the parcel at 150 Elliott Road for many years and that rezoning ~1.697 acres from Commercial Highway Business to RSR (residential) would bring the property into compliance with the future land-use map. The planning commission recommended approval with no conditions; the board approved the rezoning with no public opposition.
ZA2508: Dawson Forest LLC (represented by Matthew Oppenheimer of Halpern Enterprises) sought amendments to several zoning conditions on an approximately 8-acre, topo-challenged parcel that is planned for about 37–38 townhomes. The principal issue in debate was condition #2, which originally required the developer to connect an access road "to and through the multifamily portion" before construction of the townhomes. The applicant proposed deleting or modifying that condition and instead establishing two access points (one by Brooklyn Joe's) to improve circulation and avoid routing all construction and neighborhood traffic through existing apartments.
Commissioners raised concerns that removing the access requirement outright could leave the county without an enforceable timing mechanism for providing both entrances. After discussion the applicant agreed to a modification: instead of fully deleting condition #2, the condition will be changed to require that the connection point to the apartments be achieved before the 50th-percentile certificate-of-occupancy (i.e., by the time half the units reach CO). Planning staff and the applicant said this preserves the intent of having two entrances while allowing concurrent staging of construction.
The board approved ZA2508 with the amendment; the motion was seconded and passed by a unanimous voice vote.
What happens next: The developer will proceed under the amended zoning conditions and will need to satisfy the modified access requirement (connection in place by the 50% CO threshold) before full occupancy of the townhome phase.
Votes and formal action: motions to approve both zoning items were made, seconded and approved 4-0.
