COM 1113.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 3 submitted subdivision plans for the rear 30-acre parcel (not a part of Docket No. SP73-159), to subdivide this portion of the project into 1-acre parcels. The applicant originally offered to limit the number of residential-agricultural lots within the development to a maximum of 22. In addition, the applicant offered to restrict the construction of second dwelling units on the proposed subdivided lots. The change of zone request affected an area larger than necessary to accommodate the proposed 22-lot subdivision and to allow for adjustments to the layout of the proposed subdivision and 9-hole pitch and putt golf course. The original plan was that once the proposed residential-agricultural subdivision had secured Final Subdivision Approval, the land area encumbered by the golf course would be rezoned to an Open (O) zoned district to preserve the density and land use characteristics of the affected area as represented by the applicant. On December 14, 2004, the Planning Commission approved a request to nullify Use Permit No. 126, as the applicant no longer had plans to purse the pitch and putt golf course. Now that the original plan of developing a golf course has been deleted from their development plan, the applicant is requesting to delete that portion of Condition B which limits the maximum amount of lots to 22. The applicant has indicated that if the request to delete the 22-lot limit is approved, they would like to add 2 or 3 more lots. The Planning Director recommends that the lot limit be increased to 25 rather than to delete the limit. Change of Zone Ordinance No. 95-55 reclassified 41.75 acres to A-la, which could allow up to 41 1-acre lots if the limit is deleted. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result or their fault or negligence. The reason for the time extension request is a result of the amount of time the project was delayed in obtaining the approval of the construction plan. The initial construction plan was submitted on November 16, 2004, but did not receive final approval until January 26, 2006. The applicant needs more time to secure a construction bond, which would qualify the project to receive Final Subdivision Approval. The reason for the request to delete the portion of Condition B limiting the amount of lots to 22 is that the applicant no longer plans to develop the pitch and putt golf course. The applicant has consistently been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan nor the