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HomeMy WebLinkAbout3.0 Memo to BOCC 09.13.2010• • • MEMORANDUM 7 TO: Board of County Commissioners FROM: Fred A. Jarman, AICP, Director, Building & Planning Department RE: Amendment to Phase I of the Ironbridge PUD, Final Plat, and Subdivision Improvements Agreement (SIA) Date: September 13, 2010 BACKGROUND The BOCC re -approved the Final Plat for Phase I of the Ironbridge PUD in 2004. As part of that approval, the approved construction plans provided for separated concrete sidewalk pedestrian ways to be constructed along the streets within Phase I which was referred to in the SIA. Due to geologic / drainage issues encountered during the construction of the streets in Phase I, the developer elected to not construct the sidewalks and instead constructed a pedestrian path in the common open area providing pedestrian circulation through Phase I which was installed 7 years ago. The Applicant has been waiting for the new land use code to be amended to submit an application for a much simpler process to the County which is now in place to ask to amend their approvals to match the now constructed path. II. ACTION BY THE COUNTY On August 24, 2010, County Staff reviewed the application and found that proper notice (sent Certified Mail, return receipt requested) was performed to adjacent property owners regarding both the request and the date of the decision by the Director. The application was reviewed by Staff and copies were sent to referral agencies for their review and comment. The adjacent property owners were permitted a 21 -day comment period for their review and comment. To date, no written requests for call-up were received. Based on Staff review, the application has been deemed approved with a finding that the requested change has satisfied the standards resulting in a determination of a Non -Substantial Modification to the Ironbridge PUD and Final Plat. The approval specifically approves the relocation of the required sidewalks from the rights-of-way and replaces them with a pathway system that has been installed for approximately 7 years throughout Phase I of Ironbridge PUD. Pursuant to Section 4-104(B)(2), on August 24, 2010, Staff provided the Board of County Commissioners (BOCC) notice of this decision where they have a 10 -day call-up period. If no call-up occurs, this decision is final. Also note, because this approval requires an amendment to the Subdivision Improvements Agreement (SIA) which requires the BOCC Chairman's signature,