COM 0067.000 2012-2014 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and /or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required infrastructural improvements. No occupancy permit shall be issued until all of the infrastructure improvements covered by the bond or surety have been constructed and approved by the County." The applicant requests that Condition B be amended as follows: "Final Subdivision Approval for not less than 50 lots shall be secured within five (5) years of this new amendment, provided, however, that Final Subdivision Approval for the entire project shall be secured within ten (10) years of this new amendment." 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 are not the result of their fault or negligence. The applicant states that due to current market conditions, the proposed subdivision cannot be completed in the 5 year period (until September 20, 2012) as stipulated in Ordinance No. 07 127. The project is proposed to be developed in a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this amendment, with a 10 -year completion date for the entire project. Since acquiring the property in 2005, the applicant has shown substantial progress towards the completion of the project, including the completion of an Environmental Impact Statement, and the approval of a petition for a State Land Use Boundary Amendment to the Rural district as required under Condition J of Ordinance 07 127. The required construction plans for the roundabout intersection have been submitted to the Department of Public Works. The plans have not yet been approved, as final subdivision approval is still pending. Tentative subdivision approval was granted on April 5, 2007,