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r MAR 27 1995�3 BOOK 60 F�,Ij , t e, The Planning Department reviewed the application on the basis of its conformance with County ordinances. Staff determined the modifications would not result in any nonconformance, in that the total acreage devoted to park and recreation area would not be reduced. In addition, the primary facilities of the complex would not be altered. Regardless of the fact that many of the residents may have purchased mobile homes and leased lots within Village Green West as a result of the representations that were made to them regarding available and planned amenities, it is the staff's position that an applicant should be allowed to modify his approved site plan at any time, as long as he maintains consistency with applicable County regulations. Since the proposed modifications are consistent with all County regulations, the staff feels that the proposed modifications should be approved. RECOMMENDATION The Planning staff recommends that the County Commission grant Florida Atlantic's appeal of the Planning and Zoning Commission denial, and thereby approve the application to modify the Village Green West recreational complex site plan. Commissioner Scurlock felt the question today is whether or not purchasers have a reasonable right to expect certain amenities to be built that have been depicted in a site plan. He expressed some uncertainty, however, whether the County has the legal ability to require those amenities to be built or whether it might be that some sort of civil action would be needed to take care of what was promised. He wondered why we require certain structures and improvements to be depicted on a site plan, if, in fact, we don't have the ability to say that they must be made. Director Keating reported that when residents of Village Green West came in and pointed out that certain amenities shown on the site plan were never built, he determined that, like in all site plans, there are certain accessory type of improvements that may have been a basis for the Planning & Zoning Commission's approval of the site plan which would have to be built as depicted, unless the developer was granted a modification of site plan. This can be done either through an administrative approval or through the Planning & Zoning Commission. If an applicant requests a modification to a site plan which lowers the density of the site plan, such as reducing it by a unit or two, and it 25