1. Board of County Commissioners PUBLIC HEARING July 21, 2009

2. Board of County Commissioners 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: 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:

3. Board of County Commissioners 1) 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. Substantial Change Request

4. Board of County Commissioners Zoning Map

5. Board of County Commissioners Future Land Use Map Future Land Use Map

6. Board of County Commissioners High Point PD Legacy Place Parcel 2B Proposed Lot Split Plan High Point PD Legacy Place Parcel 2B Proposed Lot Split Plan

7. Board of County Commissioners High Point Land Use Plan High Point Land Use Plan

8. Board of County Commissioners 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.

9. Board of County Commissioners 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. DRC Recommendations

10. Board of County Commissioners 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. 3.A waiver from Section 38-1272(a)(3) is granted to allow zero-foot building setbacks. 4.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. DRC Recommendations Cont’d.

11. Board of County Commissioners 5. All previous applicable Conditions of Approval shall apply: a)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. b)Pole sign and billboards shall be prohibited. Ground and fascia signs shall comply with Section 31.5. c)Outside storage and display shall be prohibited. d)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. e)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. DRC Recommendations Cont’d.

12. Board of County Commissioners 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. DRC Recommendations Cont’d.

13. Board of County Commissioners PUBLIC HEARING