AI- 3750
2.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 12/19/2017
- Title:
- Docket S-12-10, a tentative plat for Conservation Subdivision J-6 Ranch, Lots 1-42, Block 1 and Common Areas A, B and C Subdivision
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Sara Ransom
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve Docket S-12-10, a tentative plat for Conservation Subdivision J-6 Ranch, Lots 1-42, Block 1 and Common Areas A, B and C Subdivision (herein known as J-6 Ranch Lots 1-42).
Background:
On July 14, 2015, this tentative subdivision plat for Phase I was brought before the Board by Easter Mountain LLC. The Planning Director's report and recommendation is attached hereto.
Although the plat complied with all other aspects of the County's subdivision regulations, the Board determined that it did not comply with condition 4 of the conditions of rezoning the parcel regarding public access to the National Forest. Thus, the Board denied the tentative plat.
Easter Mountain then filed a lawsuit alleging wrongful denial of the tentative plat. The parties are attempting to settle the lawsuit. Among other things, the settlement, if approved by the Board, resolves the dispute pertaining to condition 4 of the rezoning by removing the condition and calls for approval of the subdivision plat. The settlement also calls for modification of condition 3 of the rezoning to allow Easter Mountain to complete construction of Phase I in fifteen (15) years instead of ten (10) years. Easter Mountain must continue to comply with all other terms of the rezoning.
With these modifications, the Board must approve the tentative plat by no later than December 20, 2017.
Although the plat complied with all other aspects of the County's subdivision regulations, the Board determined that it did not comply with condition 4 of the conditions of rezoning the parcel regarding public access to the National Forest. Thus, the Board denied the tentative plat.
Easter Mountain then filed a lawsuit alleging wrongful denial of the tentative plat. The parties are attempting to settle the lawsuit. Among other things, the settlement, if approved by the Board, resolves the dispute pertaining to condition 4 of the rezoning by removing the condition and calls for approval of the subdivision plat. The settlement also calls for modification of condition 3 of the rezoning to allow Easter Mountain to complete construction of Phase I in fifteen (15) years instead of ten (10) years. Easter Mountain must continue to comply with all other terms of the rezoning.
With these modifications, the Board must approve the tentative plat by no later than December 20, 2017.
Department's Next Steps (if approved):
If approved staff will provide the applicant with an As You Are Aware letter notifying the applicant of the conditions of approval.
Impact of NOT Approving/Alternatives:
The settlement agreement will not come into effect and litigation will re-commence against Easter Mountain.
To BOS Staff: Document Disposition/Follow-Up:
N/A