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the _ tract to the north, which contains the residence of Michael O'Haire. Mr. O'Haire, as an affected adjacent property owner, is appealing the Planning and Zoning Commission's action that approved Sunset Pointe as presently proposed and designed. •Appeal The Planning .and Zoning Commission's action allows the developer to establish a new, local road right-of-way (Sunset Pointe Lane) that abuts and runs parallel to the Krovocheck/O'Haire property boundary, without requiring the developer to ensure that any future development on the O'Haire tract would have access to the proposed roadway. Mr. O'Haire's appeal asks that the Board of County Commissioners, based upon certain county subdivision ordinance requirements, alter the Planning and Zoning Commission's action and require that the proposed roadway be established in a manner that ensures that any possible future development of the O'Haire tract would have access to the proposed roadway. In the staff's report to the Planning and Zoning Commission (see attachment 8), staff recommended that, based upon certain subdivision ordinance regulations, the Planning and Zoning Commission should require the developer either to grant access rights for the possible future development of the O'Haire tract or dedicate the proposed roadway -to the public. The staff's recommended approval condition relating to access was as follows: "That prior to approval of or via the final plat, the applicant be required to either dedicate Sunset Pointe Lane as a public road, or provide legal access rights for the use of Sunset Pointe Lane for the future development of the property immediately north of Sunset Point Subdivision." The Planning and Zoning Commission modified this condition to require the applicant to negotiate with Mr. O'Haire regarding access rights. As approved, the Planning and Zoning Commission's condition provided that.,,if no agreement could be reached on access rights, the roadway (Sunset Pointe Lane) would remain private and no access rights for the O'Haire tract would be granted. The condition approved by the Planning and Zoning Commission reads as follows: "That prior to approval of or via the final plat, the applicant be required to provide legal access rights as may be negotiated by.the property owners for the use of Sunset Pointe Lane for'the future development of the property immediately north of Sunset Pointe Subdivision, if legal access rights _are not .negotiated it will be a private road." The appellant, Mr. O'Haire, believes that, in regards to road access, the condition passed by the Planning and Zoning Commission does not adequately provide for the proper future development of the O'Haire tract. The Board of County Commissioners is now to consider the appeal and may modify or let stand the Planning and Zoning Commission's action conditionally approving the Sunset Pointe preliminary plat. W L_ JAN J2 1993 aooK 88 F,�r 5?7 i