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11.A. APPEAL BY PETER SABONJOHN OF THE PLANNING AND ZONING COMMISSION'S DECISION THAT THE OAK TERRACE PHASE 2 SUBDIVISION PRELIMINARY PLAT APPROVAL AND LAND DEVELOPMENT PERMIT APPROVAL HAD EXPIRED Planning Director Stan Boling reviewed a Memorandum of August 11, 1999: TO: James E. Chandler County Administrator DI ION HEAD CONCURRENCE: Obert M. Keating, AICP Community Development Dir r FROM: Stan Boling, AICP Planning Director DATE: August 11, 1999 SUBJECT: Appeal by Peter Sabonjohn of the Planning and Zoning Commission's Decision that the Oak Terrace Phase 2 Subdivision Preliminary Plat Approval and Land Development Permit Approval Had Expired. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 17, 1999. BACKGROUND: In 1988, the Planning and Zoning Commission granted preliminary plat approval for the Oak Terrace subdivision. Oak Terrace is located immediately south of the Oak Ridge subdivision between the Lateral J Canal and the Dixie Heights subdivision, within the RS -6 zoning district (see attachment #2). The approved preliminary plat depicted road rights-of-way, a stormwater tract, and 42 single- family lots (see attachment #3). Subsequently, in 1988, developer Peter Sabonjohn obtained a land development permit for construction of subdivision improvements (e.g. roads, drainage, utilities). Over the years, Mr. Sabonjohn performed intermittent construction, began focusing on completion of a "Phase 1" portion of the overall subdivision (western 12 lots), and obtained extensions for the land development permit. Finally, after several years of off and on construction, inspections and reviews, final plat approval was granted by the Board of County Commissioners in 1997 for Phase 1. In the fall of 1998, the developer, Peter Sabonjohn, requested that staff inform him of what he needed to do to get final plat approval for "Phase 2", the remainder of the subdivision which would contain up to 30 lots. After consulting with the County Attorney's Office, planning staff informed Mr. Sabonjohn that the (then) 10 year old preliminary plat approval and land development permit were no longer valid and that he would need to re -apply for preliminary plat approval and obtain a land development permit or permit waiver from Public Works. These new applications would be reviewed under the current land development regulations, which would require sewer service if 25 or more lots are platted in Phase 2. Subsequently, Mr. Sabonjohn appealed staff's determination. AUGUST 17, 1999 55 FLOOR 0 pg, e L'�;,