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(reference LDR Section 914.13) the Board of 1ounty Commissioners is <br />now to consider the site plan application and is to approve, <br />approve with conditions, or deny the site plan application. <br />*Planning and Zoning Commission Review of the Old (May 12th) Site <br />Plan <br />At its regular meeting of' May 12, 1994, the Planning and Zoning <br />Commission considered an earlier submittal, voting 2 to 3 on a <br />motion to deny the application (see attachment #2). Since a <br />majority of 4 votes is required for the Planning and Zoning <br />Commission to take action, the earlier site plan was deemed denied. <br />Subsequently, the developer, in accordance with the LDAs, appealed <br />the Commission's action to the.Board of County Commissioners. <br />Although the Board waad�ss scheduled to hear that appeal at its June <br />21, 1994 regular meeting, the developer waived his right to have <br />that appeal hearing within 30 days. Therefore, the June 21, 1994 <br />hearing was canceled. Subsequent to waiving his rights to appeal <br />the decision on the "May 12th" site plan, the developer submitted <br />revised plans which the Planning and Zoning Commission considered <br />at its special meeting of June 28, 1994. <br />• Impetus for a New (Revised) Site Plan <br />At the May 12th Planning and Zoning Commission meeting, <br />representatives of The Moorings Property Owners Association raised <br />• questions regarding several technical site plan issues, including: <br />project open space, project driveway internal separation distances, <br />and parking and loading space provisions. Prior to the -May 12th <br />meeting, each of these specific issues had been discussed in TRC <br />deliberations and had been considered by the departments <br />responsible for reviewing these issues. In fact, planning staff, <br />in its TRC discrepancy letter, requested verification from the <br />applicant that the plan met the 25% open space requirement, and <br />public works staff raised the driveway internal separation distance <br />issue. At the May 12th meeting, concerned residents and the <br />applicant, as well as planning and public works staff, discussed <br />these issues. <br />After the May 12th meeting, planning staff requested that the <br />applicant verify and document that, as indicated on the original <br />site plan, the site plan satisfies the applicable 25% open space <br />requirement. Public works staff also requested that the applicant <br />document how the site plan satisfies the LDR driveway internal <br />separation distance requirements. <br />In response, the applicant revised the original site plan to: <br />a. Provide more green open space area and to document, with <br />working -drawing calculations, that the project -'satisfies the <br />25% open space requirement; and <br />b. Increase the driveway internal separation distances and add a <br />third project driveway. <br />Upon receiving the site plan revisions, planning staff made a <br />determination that the changes were substantial enough to <br />constitute a "new site plan" and warrant a review by the Planning <br />and Zoning Commission. While this site plan is similar to the site <br />plan considered at the May 12, 1994 Planning and Zoning Commission <br />meeting, the County Attorney's Office has indicated that this site <br />plan must be treated as a new submittal by the Planning and Zoning <br />Commission and the Board of County Commissioners. <br />*Planning & Zoning Commission Action on the New (June 28th) Site <br />Plan <br />July 12, 1994 <br />4 <br />