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f <br />31 <br />FINANCIAL IlVIPACT: Fiscal Impact Analysis (attached) <br />RECOMMENDATION(S): Staff Recommendation <br />The Planning Department Staff recommends denial in accordance with the attached resolution, which is <br />incorporated herein by reference. <br />9 Moon made the presentation. <br />10 <br />11 Public Comment <br />12 <br />13 Richard Daniels, the applicant, said that the concept plan was submitted six times before it was approved <br />14 by the staff to bring to the Planning Board. He said that the change in the public/private recreation space <br />15 issue was put into effect in December 1999. He said that he was not notified about this change until six <br />16 months later. He said that he spent $11,000 getting this through the concept stage and $13,000 getting it <br />17 through the preliminary stage. He said that he negotiated with Benedict, offering four acres of open space <br />18 and he refused it. He said that the staff did not want to work with him. <br />19 <br />20 Woods asked if the whole plan was approved at the concept stage. Daniels said that the conventional plan <br />21 was approved all in one phase. <br />22 <br />23 Woods asked if the only thing lacking was the correct amount of recreation space. Benedict said that the <br />24 rules that changed in December 1999 was the difference between having staff and the Planning Board <br />25 recommend flexible versus conventional plans. He said that the 0% open space did not meet the zoning <br />26 provision for open space. <br />27 <br />28 Chair Allison asked if there was an option to have public recreation space or payment-in-lieu. Benedict <br />29 said that the payment-in-lieu was satisfying 16,000 square feet of public land dedication. There is still <br />30 approximately 15,000 square feet lacking, or 1/3 of an acre. <br />31 <br />32 Benedict said that he told Mr. Daniels what he thought would be a better subdivision, and it was never <br />33 resubmitted. <br />34 <br />35 Woods asked for a copy of the ordinance that spells out the open space requirements. <br />36 <br />37 MOTION: Woods moved to approve the Preliminary Plan far Highridge <br />38 Subdivision, with the condition that four acres of open space be created <br />39 ~ on the west side of Highridge Drive, between the north line of Lot 22 and <br />40 the south line of Lebanon Church Road. Seconded by McAdams. <br />41 Language was added to the Resolution of Approval to say that, "The <br />42 developer is offering four acres for private recreation, which will be <br />43 maintained by the Homeowne>'s Association, which is acceptable to the <br />44 County." <br />45 <br />45 Gooding-Ray would rather deny the plan and have the applicant bring forward a proposal with the open <br />47 space included. <br />48 <br />49 VOTE: Ayes, 6; No, 1 (Gooding-Ray) <br />50 <br />51 AGENDA ITEM #9: PLANNING BOARD ITEMS <br />52 <br />53 AGENDA ITEM #10: INFORMATIONAL ITEMS <br />