Agenda - 05-23-2011 - C1 - Laserfiche WebLink

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The BOCC will receive the Planning Board recommendation and make a final determination on the merits of the request by: 1. Tacking action on the rezoning portion of the application. Lion. pproving or denying the rezoning application is considered to be a Legislative Decision meaning that it is based on the BOCC's interpretation of the proposals compliance with the Comprehensive Plan. Conditions cannot be imposed as part of a general use rezoning process, as it is a legislative process. As this is a CU process, conditions are allowed given the nature of the process as defined in Section 2.9 of the to o. If approved, the BOCC will then move to take action on the SUP component of the application. 2. Taking irng archon on the SUP portion of the application is considered to be Quasi - judicial Decision and is based on the evidence and sworn testimony offered into the record for and against an application. Conditions can be imposed as part of this approval that address public health, safety, and welfare issues. 'lease refer to Attachment 10 for additional information on the differences between the legislative and quasi - judicial process. If approved, the SUP is recorded at the orange County Registrar of Deeds. This SUP document outlines any conditions regulating the development of the approved use and binds all current and future property owners to abiding by the approval. Staff Generated Corres onden e: Attachment g contains the various comments for this project as of the date of abstract preparation. The County Attorney's office points out a problem with the dedicated access easement on the properties directly adjacent to north of the proposed subdivision, where a public water line could be extended east to loop into the Ashwick subdivision system. DEAPR comments center on the reed for a pedestrian trail or paved walk. A bikeway connecting west to the school /Park complex is recommended, The connection would be made to the existing Richmond hr and Hills trail system through dedicated open space. Solid Waste commented on the reed to re- design the cul-de-sacs to accommodate recycling trucks. There are also several notes, which must be added to the final plat. Transportation Planning comments include the following: 1. Pedestrian and/or bicycle facilities are needed. 2. Tinnin Road is a collector street and is extended for future development in the area. 3. Transit planning in the area is determining park and ride locations in the general area. The orange County School District requests that the development project be phased over throe years in order to avoid overcrowding at the fl ed- Cheeks Elementary School. that therc-,$ 14PAII ,�i ncc ed for �) kgate-J- - -!,nd s kli . {r ex w,:ion IYC Tojec.