which references a water treatment plant that has been withdrawn by the Applicant.
That plan went to the Planning and Zoning Commission but was never before the BCC.
There may also be a pre-application that shows half-acre lots, but that application was
never submitted for public hearing. Commissioner Zembower confirmed with Mr.
Chipok the date to appeal the 2008 Development Order (D.O.) has expired and the
Board should only be considering the Preliminary Subdivision Plan (PSP). Mr. Chipok
clarified the D.O. was created and adopted by the BCC in 2008 and was not appealed
at that time. The next step according to Land Development Code Section 30.109 is to
plat the property with the individual lots. The first procedural step in that is to go for a
PSP, and that is the stage the Applicant/Property Owner is at now. It went to the
Planning and Zoning Commission and was approved. That approval was appealed
and is the issue before them.
Attorney Rebecca Wilson, Lowndes, on behalf of the Applicant Yarboroughs,
addressed the Board and reviewed the three tracts and the approval of the 2008 D.O.
and the current PSP. There were no questions from the Board.
Ms. Shadix addressed the Board and presented the appeal. Documents were
distributed to the Board (received and filed). There were no questions from the Board.
Ms. Wilson clarified for the public that if the D.O. is taken away as Ms. Shadix is
requesting, the development will not be limited to 300 units, they will get more.
There was a question-and-answer session between Commissioner Zembower and
Peter Barile, Ph.D., the Appellant's expert, regarding his report.
With regard to public participation, the following spoke in support of the appeal: Kim
Bucheit (documents received), Leon Flowers (documents received), Leslie Blackner,
Joe Humphreys (documents received), Kailey Adams, George Sellery, Cathy Register,
and Jonathan Aman.
Public Speaker Forms and Written Comment Forms were received and filed.
Ms. Wilson rebutted public comment.
Upon request of Chairman Lockhart, Mr. Chipok addressed the approval of the original
2008 D.O. and its validity. Mr. Chipok inquired of Rebecca Hammock, Development
Services Director, when Section 30.109 was adopted; and Ms. Hammock advised it
was adopted in 1992. Mr. Chipok confirmed with Ms. Hammock that LDC Section
30.109 is not rezoning, it is a section that allows the clustering of units on property, and
it requires that at the time of the plat, the open space easement and the D.O. in relation
to how the property is being clustered has to be adopted in accordance with the plat.
Ms. Hammock advised there was a PSP also approved on February 6, 2008, by the
Planning and Zoning Commission. Mr. Chipok explained to the Board the recorded
plat specifically references that the D.O. is incorporated and that the adopted open
space easement was adopted and recorded in the official records at the same time.
Under 30.109, the three documents are part of a "three-legged stool." In order to
transfer the densities from the open space parcels to the receiving areas, all three of
those documents are required under the LDC, which was adopted in 1992. He added
that section was not challenged and was reviewed by DCA at one point and approved
