12.13.23 BOA Agenda Packet - Laserfiche WebLink

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45 1 Beth Bronson: My only comment to the board members,fellow board members is this vested period of five years versus two years, 2 1 don't doubt their ability to get it done in five years. I just kind of I guess wonder if that is appropriate condition to put in and that 3 it's a variation of what we would require in two years for a project like this. 4 5 Leon Meyers:Well, I don't think there's any question that the board has the authority to approve that vesting. 6 7 Beth Bronson: I guess it's, do we need a point of clarification I guess from counsel? Is that part of this Exhibit J,the conditions of 8 approval? Does vested period of 5 years rather than the standard special use permit timeline? 9 10 James Bryan: I would, partly because of the hour, but I can't even believe that. I just don't know. I would recommend reopening 11 the hearing and asking either staff or the applicant, yeah,staff knows, so. 12 13 Leon Meyers: I probably should ask for a motion to reopen the public hearing. 14 15 Jeff Scott: I make a motion that we reopen the public hearing. 16 17 MOTION made by Jeff Scott. Seconded by Beth Bronson. 18 VOTE: Unanimous 19 20 Leon Meyers: None opposed. Hearing is open, so Beth you have a question for staff. 21 22 Beth Bronson:Yes, board clarification for staff is that is this part of the conditions for this 5-year vested period variance from what 23 would be in a normal Special Use Permit? 24 25 Cy Stober: So in 2.7.13 time limits and extensions, Item E, the applicant may request that the special use permit be vested as a 26 site specific vesting plan in accordance with requirements of Section 2.5.5, and 2.5.5(A)at the option of the applicant as a site plan 27 may be vested for a period of not less than 2, no more than 5 years. Multi-phase developments shall be vested for a period of 28 7 years from the time of site plan or approval is granted for the initial phase of the multi-phase development. Multi-phase 29 developments have some definition in the statute.That I don't know is applicable here, but yes,the 2 to 5-year vesting window is 30 allowed by both our ordinance and state law. 31 32 Leon Meyers:Anything else before we close the public hearing again? All right, public hearing is closed. Any further discussion 33 on the board? I just remind the board that the findings that the staff has prepared begin on Page 449 and following that you find a 34 sample motion for approval or denial.And to just remind Board members again,the process here is we would consider a motion 35 regarding findings on this case, and then a separate motion to grant or deny the special use permit. Motion regarding findings 36 would be in order. 37 38 Adam Beeman: I make a motion to approve the findings of fact by the Orange County Board Adjustment pertaining to a request 39 submitted by Lawrence Road Partners, LLC purposing recreational facilities on a parcel of property off of Lawrence Road and US 40 Highway 70 in the agenda packet on Page 456,457,yes 456 and 457. 41 42 Leon Meyers: Motion. Do I hear a second? 43 44 Nathan Robinson: Second. 45 46 Leon Meyers:Any discussion on the motion to approve the findings? All in favor please say aye. 47 48 MOTION made by Adam Beeman. Seconded by Nathan Robinson. 49 VOTE: Unanimous 50 51 Leon Meyers: None opposed, motion carries. Motion would be in order to grant or deny the Special Use Permit and I would ask 52 that,that motion be fairly specific regarding the conditions that are included. 53 54 Adam Beeman: I make a motion to approve the conclusions of the Orange County Board of Adjustment pertaining to a request 55 submitted by Lawrence Road Partners, LLC proposing recreational facilities on a parcel of property off of Lawrence Road and