Developer’s revised Franklin Park subdivision fails to win a motion as commissioners cite lack of secondary access

A zoning request to rezone land for a 30‑lot subdivision in the Franklin Park area outside Kimberly failed to advance March 19 after the item received no motion. County planning staff opposed the request on grounds the development lacked a required secondary access for emergency vehicles; the applicant and his engineer argued the plan had been revised downward and included home sprinkler systems as an alternate life‑safety measure.

John Kane, the applicant, told the commission he had reduced the project from earlier versions (initially near 90 lots, later 77, then 46, now 30) and brought an engineer and attorney to explain compliance measures. Civil engineer Brian Presnell said the International Fire Code includes an alternate compliance path — such as approved automatic sprinkler systems — and argued the county subdivision regulations allow dead‑end streets when topography or legal access prevents additional road connections. Presnell said a secondary access was not legally or physically feasible because the developer lacked control of adjacent property.

The applicant’s attorney said the current plan is exactly 30 dwellings, which he said puts the project at the threshold where certain IFC secondary‑access provisions are no longer applicable, and noted the developer was committed to sprinklers in all homes. County staff, however, said the plan had not secured a secondary access and that local officials and residents had expressed concern about emergency access. After discussion, the chair stated the item failed for lack of a motion.

Because the commission did not adopt a motion or take a vote on approval, no zoning change or formal variance was granted at the meeting. The developer left the hearing able to revise or return with additional documentation; the transcript records the applicant’s arguments and staff’s recommendation for denial.