Board of County Commissioners

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Board of County Commissioners

PUBLIC HEARING
July 21, 2009
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Project High Point PD/LUP (Lot 2B)
Substantial Change Applicant
Sam Sebaali District
3 Request To consider a substantial
change to the approved High Point Planned
Development/ Land Use Plan (PD/LUP) for the
following
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Substantial Change Request

• A waiver from Section 38-1272(a)(3) to allow
  for zero-
• foot building setbacks for Lot 2B, and
• 2) A waiver from Section 38-1501 to decrease the
  lot
• width from eighty (80) feet to fifteen (15)
  feet and the
• lot size from 6,000 square feet to 750
  square feet for
• Lot 2B.

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Zoning Map
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Future Land Use Map
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High Point PD Legacy Place Parcel 2B Proposed
Lot Split Plan
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High Point Land Use Plan
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Action Requested

• Find the request consistent with the
  Comprehensive Policy Plan and approve the
  Substantial Change to the approved High Point
  PD/LUP dated Received June 26, 2009, subject to
  the five (5) conditions in the staff report.

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DRC Recommendations
1. Development shall conform to the High Point
PD Land Use Plan dated Received June 26, 2009,
and shall comply with all applicable federal,
state and county laws, ordinances and
regulations, except to the extent that any
applicable county laws, ordinances or regulations
are expressly waived or modified by any of these
conditions. Accordingly, the PD may be developed
in accordance with the uses, densities and
intensities described in such Land Use Plan,
subject to those uses, densities and intensities
conforming with the restrictions and requirements
found in the conditions of approval and complying
with all applicable federal, state and county
laws, ordinance and regulations, except to the
extent that any applicable county laws,
ordinances or regulations are expressly waived or
modified by any of these conditions. If the
development is unable to achieve or obtain
desired uses, densities or intensities, the
County is not under any obligation to grant any
waivers or modifications to enable the developer
to achieve or obtain those desired uses,
densities or intensities. In the event of a
conflict or inconsistency between a condition of
approval of this zoning and the land use plan
dated "Received June 26, 2009," the condition of
approval shall control to the extent of such
conflict or inconsistency.
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DRC Recommendations Contd.

• 2. This project shall comply with, adhere to, and
  not deviate from or otherwise conflict with any
  verbal or written promise or representation made
  by the applicant (or authorized agent) to the
  Board of County Commissioners at the public
  hearing where this development was approved,
  where such promise or representation, whether
  oral or written, was relied upon by the Board in
  approving the development, could have reasonably
  been expected to have been relied upon by the
  Board in approving the development, or could have
  reasonably induced or otherwise influenced the
  Board to approve the development. For purposes
  of this condition, a promise or
  representation shall be deemed to have been
  made to the Board by the applicant (or authorized
  agent) if it was expressly made to the Board at a
  public hearing where the development was
  considered or approved.
• A waiver from Section 38-1272(a)(3) is granted to
  allow zero-foot building setbacks.
• A waiver from Section 38-1501 is granted to allow
  a reduced lot width of 15 feet and lot size of
  750 square feet for Lot 2B only. Future lot-line
  reconfigurations for the building tenant spaces
  shall be administered through the lot split
  process.

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DRC Recommendations Contd.

• 5. All previous applicable Conditions of
  Approval shall apply
• This project shall not generate any additional
  traffic beyond what was
  previously approved. In the event additional
  trips are generated, this request shall
  constitute a substantial change and shall be
  required to submit for concurrency review.
• Pole sign and billboards shall be prohibited.
  Ground and fascia signs shall comply with Section
  31.5.
• Outside storage and display shall be prohibited.
• Uses on Parcels 2A 2B shall be restricted to
  I1-A and C-1 uses only. Payday loans, tattoo
  parlors, body piercing shops, pawn shops, check
  cashing facilities, labor pools and video arcades
  shall be prohibited.
• Prior to construction plan approval,
  certification with supporting calculations shall
  be submitted, which states that this project is
  consistent with the approved Master Drainage Plan
  for this Planned Development.

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DRC Recommendations Contd.
f) The access onto Rouse Road from Tract RF shall
be deleted. g) This project shall have a unified
development pattern for architecture and design.
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Board of County Commissioners

PUBLIC HEARING