8/17/1999 - Laserfiche WebLink

Home Browse Search

I BOOK `AF At its regular meeting of April 22, 1999, the Planning and Zoning Commission considered the appeal of staffs determination and heard from interested parties (see attachment #5). The Planning and Zoning Commission voted 7-0 to uphold staff s determination to require new preliminary plat and land development permit applications for Oak Terrace Phase 2. Subsequently, Mr. Sabonjohn appealed the Planning and Zoning Commission's decision. In accordance with LDR section 902.07, the Board of County Commissioners is to now consider the appeal and either uphold or overturn the Planning and Zoning Commission's decision. Expiration of Approvals Like most development plan approvals and permits issued by local governments, Indian River County grants development approvals and issues development permits that have expiration dates. Until a few years ago, the County granted preliminary plat approvals for 18 months with an opportunity for a one-time extension ( 3 years total). A few years ago, the County changed the LDRs to allow a 5 year, timeframe for preliminary plat approval. The new rules allow multiple phases that can exceed 5 years, but only if the first phase is completed within 5 years of preliminary plat approval. Under either the old rules or the new rules, Mr. Sabonjohn's 1988 preliminary plat approval and land development permit expired long ago in regard to Phase 2. Chronology of Events The following is a summary of highlights in the review and approval of the Oak Ten -ace subdivision project. It should be noted that many staff/applicant interactions have occurred over the years and are too numerous to reflect in the following summary. June 23, 1988: Planning and Zoning Commission grants preliminary plat approval for entire 42 lot subdivision. Expiration date: December 23, 1989. 2. December 19, 1988: Public Works issues land development permit for construction of subdivision improvements. Subsequently, some construction of subdivision improvements occurs. Preliminary plat approval remains valid for as long as a valid land development permit is in effect. 3. June 19, 1990: Original land development permit expires. 4. April 12, 1991: Sabonjohn requests through Public Works a 120 day extension of land development permit. 5. December 17, 1991: Board of County Commissioners grants 120 day extension for land development permit. New expiration date: March 17, 1992. 6. March 10, 1992: Sabonjohn requests through Public Works a second extension of the land development permit. Public Works performs inspections and coordinates with applicant. 7. March 17,1992: Sabonjohn requests final plat approval for "Phase 1" of the subdivision ( a 12 lot phase of the western portion of the subdivision). Months pass before final plat application is completed by applicant and "reviewable". AUGUST 17, 1999 56 it