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<br /> <br /> <br /> <br /> <br /> <br /> submitted subdivision plans for the rcm' 30 acre parcel (not a part of Docket No. SP73- <br /> <br /> 159, to subdivide this portion of the project into I-acre parcels. The applicant originally <br /> offered to limit the number of residential-agricultural lots within the development to a <br /> <br /> maximum of 22. In addition, the applicant offered to restrict the construction of second <br /> dwelling units on the proposed subdivided lots. The change of zone request affected an <br /> <br /> area larger than necessary to accommodate the proposed 22-lot subdivision and to allow <br /> for adjustments to the layout of the proposed subdivision and 9-hole pitch and putt golf <br /> <br /> course. The original plan was that once the proposed residential-agricultural subdivision <br /> had secured Final Subdivision Approval, the land area encumbered by the golf course <br /> <br /> would be rezoned to an Open (O) zoned district to preserve the density and land use <br /> characteristics of the affected area as represented by the applicant. <br /> <br /> On December 14, 2004, the Planning Commission approved a request to nullify <br /> Use Permit No. 126, as the applicant no longer had plans to purse the pitch and putt golf <br /> <br /> course. Now that the original plan of developing a golf course has been deleted from <br /> their development plan, the applicant is requesting to delete that portion of Condition B <br /> <br /> which limits the maximum amount of lots to 22. The applicant has indicated that if the <br /> request to delete the 22-lot limit is approved, they would like to add 2 or 3 more lots. <br /> <br /> The Planning Director recommends that the lot limit be increased to 25 rather <br /> than to delete the limit. Change of Zone Ordinance No. 95-55 reclassified 41.75 acres to <br /> <br /> A-la, which could allow up to 41 1-acre lots if the limit is deleted. <br /> The non-performance is the result of conditions that could not have been <br /> <br /> foreseen or are beyond the control of the applicant, successors or assigns, and that <br /> are not the result or their fault or negligence. The reason for the time extension <br /> <br /> request is a result of the amount of time the project was delayed in obtaining the approval <br /> of the construction plan. The initial construction plan was submitted on November 16, <br /> <br /> 2004, but did not receive final approval until January 26, 2006. The applicant needs <br /> more time to secure a construction bond, which would qualify the project to receive Final <br /> <br /> Subdivision Approval. <br /> The reason for the request to delete the portion of Condition B limiting the <br /> <br /> amount of lots to 22 is that the applicant no longer plans to develop the pitch and putt <br /> <br /> -3- <br />