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

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6 The number of residential lots and the 2 1/2 year sequencing as laid out in the SUP for each phase has been followed during the recordation of the various phases. It is anticipated that the build out will increase from the historic pace of 40 residential units per year when the second and third sections of Braddock Park town homes are platted. There is no requirement in the SUP that construction of infrastructure improvements for any phase (i.e. roads, sewer, water, etc.) be dependant on the complete build out of a previous phase (i.e. Phase 2B does not have to be fully built before work in Phases III or IV can begin). The relevant SUP condition only mandates that `construction plans for each phase shall be submitted and approved by the Zoning Officer prior to the initiation of construction activify for each phase'. This condition has been followed. Both Phases 2B and 3 have been platted. The infrastructure for these phases has either been built already, or the developer has supplied a letter of credit to the County to guarantee its eventual completion. The County has letters of credit on file related to phases 2B and 3 that provide financial security to the County to ensure that there will be sufficient funds on hand to complete all infrastructure required by the SUP should the developers abandon the project before final completion. There is no SUP requirement that each individual phase be completely built out (i.e. with homes) prior to recordation of the next phases. Therefore, the commencement of construction activities in order to plat a new phase prior to the complete build out of Phase 2B is permitted without modification of the SUP. b) Mr. Buck asks if the commencement of construction activities in Phases III and IV require action by the BOCC according to Orange County Ordinance 50-237. Staff Comment: No. The developer has met the phasing requirements of the SUP as set out in conjunction with Item 1.A. above. Early on, in 1999, staff laid out the SUP-timing procedure for recordation of all phases of Churton Grove. A letter dated May 22, 2002 from the Manager, Attorney and Director clarified the phasing requirements. That letter further clarified the timing for recordation of plats and what would be necessary in order to met the progression criteria in the SUP (i.e. platted, constructed or bonded). Planning Staff.and the developers have operated in accordance with that document. Each phase has been constructed either fully or in part, secured by a letter of credit to ensure completion of any unfinished part and then platted in accordance with the timing sequencing set forth in the SUP and further clarified in the May 22, 2002 letter. As a result, work on Phase IV is permitted.