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to waive the fee without possibly jeopardizing the entire TIF <br />ordinance.] The staff feels the subject improvements are <br />necessary for this type of development for the reasons cited <br />earlier in this report. Also, it should be noted that <br />amending the LDRs would significantly affect other future <br />projects. <br />4. The Board could deny the appeal due to a failure to satisfy <br />applicable LDR requirements. This action would confirm that <br />the county's applicable LDR requirements are appropriate. <br />The use and site plan request fails to meet the following LDR <br />requirements: <br />(1) driveway and parking area paving requirements <br />(954.10) <br />(2) stormwater management requirements (930.07) <br />(3) major site plan application requirements <br />(914.14(15)(1)) <br />(4) sidewalk requirements (914.15(6)) <br />(5) concurrency requirements (910.07(1)(b)) <br />The wording of -the LDR sections not satisfied by the subject <br />request can be found in attachment #8. Since the county does not <br />have legal provisions for waiving or not applying these <br />requirements, and since the LDR requirements are necessary and <br />appropriate, the application, as submitted, -must be denied. <br />Therefore, this appeal must a th nied, and the Planning issubmitted application &must Zoning <br />be <br />Commission's decision to deny <br />upheld. <br />RECOMMENDATION: <br />Based on the analysis performed, staff recommends that the Board of <br />County Commissioners. choose "option 4" and deny the appeal and <br />uphold the Planning and Zoning Commission's decision to deny the <br />administrative permit use approval request due to the applicant's <br />failure to submit a site plan which complies with the applicable! <br />land development regulations. - - <br />ATTACHMENTS: <br />1. Application <br />2. Location Map <br />3. Site Plan <br />4. Applicant's Letter - <br />5. Attorney's Memo <br />6. Applicant's Appeal letter <br />7. Planning and Zoning Commission Minutes <br />8. Land Development Regulation Excerpts <br />9. Letters Received Relating to the Project <br />APPROVAL AGENDA ITEM: <br />FOR: P) 2 Z <br />BY: <br />\u\c\j\graves.pz <br />