Laserfiche WebLink
Because the site's current RM -10 (Multiple -family) and MD -2 <br />(Medium Density Residential) land use designation allow a maximum <br />of 10 units/acre, and because the total project building coverage <br />exceeds 25% of the site, the project does not conform to current <br />regulations. Termination of site plan approval would require <br />re-site planning to develop the remainder of the project (along <br />with platting "re -alignment" if creation of lots is desired) and <br />would ensure conformance with the Land Use Plan and zoning ordi- <br />nance. <br />Currently, American Pioneer Savings owns the unfinished portions <br />of the site which consists of phases 3,.4, and 7 (southerly 1/3 of <br />total site) and phases 5 and 6 (northerly 1/3 of total site). <br />Brown, Cleary, Smith & Associates, on behalf of American Pioneer's <br />development subsidiary, the Savill/Sanderlin Companies, is <br />requesting the following: <br />1) re -activation of building permits to complete the 40 units <br />within phase 3; <br />2) separation of phases 4, 5, 6, and 7 from the rest of the <br />project (finished phases and phase 3). <br />[See attachments #5 and #61 <br />ALTERNATIVES & ANALYSIS <br />The County Attorney's office •has verified that section 23.1(g)(3) <br />applies to the Waverly Place site plan. approval and that the Board <br />has the authority to terminate site plan approval for all remain- <br />ing uncompleted phases since construction was abandoned in the <br />middle of a phase. Pursuant to section 23.1(g)(3), site plan <br />approval can be terminated since no active building permits have <br />been maintained and since no construction has occurred for a <br />continuous period of over 6 months. <br />The purpose of placing time limitations on site plan approval and ' <br />of terminating approvals is the same; namely, to ensure that site <br />plans are not reviewed and approved prematurely. Site plan <br />termination precludes a developer from gaining an unfair advantage <br />by "grandfathering -in "indefinitely a project that no longer meets <br />current regulations. <br />Essentially, four alternatives are open to the Board at this time. <br />1. Terminate site plan approval of all uncompleted phases (3, 4, <br />51 6, and 7), requiring re-site planning of all unfinished <br />phases prior to any further development. <br />2. in addition to alternative #1, require that the entire <br />project area (26.82 acres) be brought into conformance with <br />current regulations upon site plan re-application of the <br />unfinished phases. Thus, the higher densities on the <br />existing portions would have to be "spread -out" over the <br />remaining areas of the project. <br />3. Allow reactivation of all permits for all phases, in effect <br />granting an after -the -fact site plan approval extension for <br />the entire unfinished project area. <br />4. Allow reactivation and completion of Phase 3 in isolation of <br />all remaining phases, and terminate site plan approval for <br />phases 4, 5, 6, and 7. Thus, the area comprising phases 4, <br />5, 6, and 7 would have to be re-site planned prior to further <br />development, while phase 3 could be completed as started and <br />previously approved. <br />92 BOOK 7 FA )E 741 <br />