Agenda - 10-23-2007-11b - Laserfiche WebLink

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28; Developer Concerns At Churton Grove b) What remedy does Orange County propose if, in fact, the county believes that a pool sized for 150 individual swimmers is inadequate to serve the needs of over 800 families? 6. No Li~htin~ In Active Recreation Area a) Is it the legal opinion of Orange County that the failure of Developer(s) to provide any type of artificial lighting on the parcel with the legal description "LEASE AREA PH 2 CHURTON GROVE" (PIN #9875815631) is in compliance with the Special Use Permit (Condition 27b) which stipulates "adequate night lights far safety and security reasons" are to be provided within the active recreational area? b) Is it the legal opinion of Qrange County that Developer(s) requirement that the Churton Grove Homeowners Association reimburse Developer for the cost to install light poles on the parcel containing the Active Recreation Area is consistent with the intent of Special Use Permit (Condition 27b)? c) Is it the legal opinion of Orange County that Phase IV Development can continue per Condition 37 of the Special Use Permit in light of the fact that this Phase II amenity has not yet been completed and paid for by .Developer? 7. No Li~htin~ of Sidewalks Alon¢ North Scotsvvood Boulevard a) Is it the legal opinion of Orange County that all Developer provided outdoor lighting conforms to the standards articulated in Orange County Ordinance 50-161 concerning outdoor lighting? b) Specifically, is it legal opinion of Orange County that outdoor lighting, provided along public roads with . sidewalks, should be placed on the opposite side of~the street from sidewalks such that the light does not enable pedestrians to see essential detail nor undertake their activities at night except in an unsafe manner? (Note: This is of particular concern along North 5cotswood Blvd where 6 of nine total light poles have. been placed on the opposite side of the street from the sidewalk. Given the width of North Scotswood.- a 90 foot right of way per Special Use Permit Condition 11 -the sidewalk area for nearly the entire street is, effectively, unlighted. This creates an unsafe condition for pedestrians walking during night time hours.) 8. Incorrect Acreage Identified as Active Recreation ~ a) Is it the legal opinion of Orange County that the entirety of 7.068 acres of the parcel with the legal description "LEASE AREA PH 2 CHURTON GROVE" (PIN #9875815631) designated as an Active Recreation Area are in compliance with Orange County Ordinance 46-79b(3)? b) Specifically, is it the legal opinion of Orange County that the entire 7.068 acres of the Active Recreation Area of the parcel is "capable of accommodating active recreation uses" despite the fact that significant portions of the Active Recreation Area of the parcel are in a flood plain; have a slope in excess of 7 1/2 percent; are heavily wooded; have significant underbrush; are inaccessible; are part of a stream buffer; are encumbered by a sewer easement; andlor are in other ways unsuitable and incapable of supporting active recreation uses? c) What remedy does Orange County propose if, in fact, it is the case that portions of the 7.068 acres of Active Recreation Area can not be classified as asi Active Recreation Area without violating Orange County Ordinance 46-79b(3)? 9. Existing Parldn~ Spaces Encroach on Active Recreation Area Acreage . a) Is it the legal opinion of Orange County that the entirety of 7.068 acres of the parcel with the legal description "LEASE AREA PH 2 CHURTON GROVE" (PIN #9875815631) designated as an Active Recreation Area, which area includes 26 parking spaces, is in compliance with the provision of Orange County Ordinance 46- 79b(4)' regarding off-street parking and the requirement that land dedicated to off-street parking shall be provided "in addition to land provided or dedicated for active recreational purposes?" b) What remedy does Orange County propose if, in fact, it is the case that portions of the 7.068 acres of Active Recreation Area is encroached upon by off-street parking in violation of Orange County Ordinance 46-79b(4)? alculations" and "A endix C" for additional ' ~ Please see ` Appendix A -Active Recreation Space Revised Area C PP information ~ ;.