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5 <br />subdivision. Although the various phases of Churton Grove are platted at separate <br />times, and the names of the phases are different on the relevant plats, the SUP, along <br />with pertinent zoning ordinance and subdivision regulations, govern all development in <br />the Churton Grove Planned Development in its entirety. For purposes of this Staff <br />Report ,all references to Churton Grove include the detached single-family portion, the <br />attached single-family (i.e. town homes) portion and the commercial portion of the <br />Planned Development. <br />Staff Responses <br />Following is a response to each of the thirty-five (35) alleged violations of Orange <br />County ordinances/regulations, the SUP or other policies of the County as alleged by <br />Mr. Buck: <br />1. Sequencing and Timing for Constructing Churton Grove and Braddock <br />Park: <br />a) Mr. Buck asks if the commencement of Phases III and IV -prior to the <br />completion of Phase 11-B in its entirety constitutes a modification of <br />Condition number thirty-seven (37) of the SUP. <br />Condition thirty-seven (37) of the approved SUP reads as follows: <br />`The project shall be developed according to the following phasing <br />schedule: <br />Phase 1 Single-family lots #1-59, <br />Phase 11 A Single-family lots #60-115, #120-139, and #274-275 <br />Phase 11-B (Entire) Multi-family area <br />Phase 11-C (Entire) Commercial area <br />Phase Ill Single-family lots #116-119 and #140-273 <br />Phase IV Single-family lots #276-423 <br />Construction plans for each phase shall be submitted and approved by the <br />Zoning Officer prior to the initiation of construction activity for each phase.' <br />Staff Comment: Condition 39 of the SUP states [paraphrased] that no <br />more than 25% of the total approved residential units may be constructed <br />in any 2 1/2 year period. Approximately 303 homes (both single-family <br />and .town homes) have been built or under construction to date. This <br />number represents the construction of 40 units per year since the first <br />residential lots were platted [303 / 7.5 years]. The first 2'/2 year interval <br />began in January 2000, the second began in July 2002, the third began in <br />January 2005 and the final interval began in July 2007. The plat for the <br />final interval of residential units (i.e. Phase 4) has not been recorded even <br />though it was eligible to be recorded in July 2007 according to the <br />permitted schedule for residential construction. <br />