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TO: Honorable Members of the Board of County Commissioners <br />DIVISION HEAD CONCURRENCE: <br />1,41 <br />Roert <br />bM. eat " g, AICP <br />Community Devvel pme irector <br />FROM: Stan Boling;_ CP <br />Planning Director <br />DATE: January 25, 1991 <br />SUBJECT: APPEAL FROM ACTION OF THE PLANNING AND ZONING COMMISSION: <br />AT -WATER ESTATES (LAPPEMAN) SITE PLAN SUBMITTAL <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of February 5, 1991. <br />THE APPEAL: <br />An action of the Planning and Zoning Commission is being appealed <br />by Jim Young of Kimley-Horn and Associates, Inc., on behalf of <br />property owner Edmund Lappeman. The action being appealed is the <br />decision of the Planning and Zoning Commission to deny an appeal by <br />Kimley-Horn of a decision of the community development director to <br />not accept for review a site plan application submittal. At its <br />regular meeting of December 13, 1990, the Planning and Zoning <br />Commission voted 5 to 1 to deny the appeal and to uphold staff's <br />findings of fact and conclusions that the applicant's submittal was <br />incomplete and should not have been reviewed. <br />Furthermore, the Planning and Zoning Commission affirmed staff's <br />conclusion that any application submittal now made complete would <br />be subject to the new LDRs (see attachment #1, minutes from the <br />December 13, 1990 Planning and Zoning Commission meeting). On <br />January 11, 1991 the appellant filed with the Planning Division a <br />written appeal of the Planning and Zoning Commission action (see <br />attachment #2),.requesting that the Board of County Commissioners <br />overturn the decision of the Planning and Zoning Commission and <br />direct staff to accept the application submittal for review under <br />the old LDRs. <br />BACKGROUND & CONDITIONS: <br />On September 10, 1990, Kimley-Horn and Associates, Inc. submitted <br />an application request for site plan approval and a corresponding <br />"wetlands designation waiver" for development of property <br />designated as C-2 (Conservation 2, environmentally sensitive). <br />This application was submitted under the old land development <br />regulations (LDR's). <br />15 <br />F E B 5 11 <br />I <br />