Date:      November 8, 2005

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 2 – Modification to the B-5 CUP – Cottagewood Condos – 008-0230 & 008-0230-02


The applicant is requesting a modification to the B-5 Conditional Use Permit (CUP) that was approved at the September 21, 2005 Plan Commission and September 26, 2005 Town Board meetings.  The original B-5 CUP was for a 110-unit Live/Work Condominium Development.  The requested modification is to increase the density to 111-units.


The proposal indicates that there will be 4 duplex units, 13 triplex units and 16 fourplex units that will be a combination of single-story and townhouse style with 33 additional parking spaces.  The minimum distance between buildings is 20-feet.  The main access will be off of West American Drive, with a secondary access off of Irish Road.  There is also a future connection to the property to the east. 


Upon reviewing the B-5 CUP for this modification, it was found that the condition regarding the number of outside employees allowed per unit was too high.  The intent of the Live/Work concept is to allow one additional employee per unit.  Staff discussed the issue with the developer and both parties are in agreement that the number of outside employees allowed per unit be changed to one (1).

Findings of Fact

Staff finds that this modification to the Town CUP complies with B-5 Zoning Ordinance and the Town’s adopted Comprehensive Plan.

Staff Recommendation                            

Staff recommends approval of the modification to the B-5 CUP to increase the density to 111-units and change the number of outside employees allowed per unit to one (1), in addition to the conditions approved in the original B-5 CUP.