DECEMBER 11, 2003 - Laserfiche WebLink

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number of lots and improved the street but the developmental standards are the same as the original PUD. Mike Young asked Tim Currens if they could redefine the standards of each section as they come in. Tim stated that since the County originally approved this PUD, the Town has a duty to honor what they approved. He stated that the issue now is whether the changes being brought before the Commission are substantial changes from what was approved by the County, and whether the items being changed are in the control of this Commission and under the parameters of the Town's ordinance. Joe Beikman asked what percentage of brick or stone do the houses have to have? Gary Carpenter stated that it is 65 percent and it is in the original covenants. He also stated that hardy plank is the material of choice in these homes and he considers that to be a wood product. Tim Currens stated that the concern is that the Commission has no control and that the committee can change anything that they want to. Tim stated that he looked at the Town's ordinance to see if there were substantial changes in the new plat from what was approved by the County. The changes were a less density rather than greater density, more green space and the changing of the roads. The covenants have not changed. Mike Young stated that he thought one of the flexibilities of the PUD was that as the different sections came in, the Plan Commission could make changes and improvements, and that is why it was an advantage for the Commission to work with. Tim Currens stated that the whole theory of the PUD was that it allows a creative use of certain types of land with greater size tracts that allows them to vary from the developmental standards based on what they are going to do but this situation is different because this Commission did not create this PUD, but inherited it, by expanding the buffer zone. Charles McGuire asked if the original plat was recorded. Ralph Foley stated that the original PUD and the master covenants and restrictions were recorded in 1996. Tim Currens stated that for a while the County did not have any zoning requirements and the reason for expanding the buffer zone was to protect the Town from not having planning and zoning requirements in the surrounding area. However, this PUD was done during the time that the County had rules in place. Ralph Foley stated that the project was always presented as a project that would take several years to develop. Robert Williamson stated that in his opinion, custom homes are built on site and he believes the proposed homes are prefab homes. He wondered if the original PUD was approved as custom homes. Tim Currens stated that in the covenants and restrictions in the plat it does not specify that it will be custom homes, it only specifies certain square footage and other requirements, and those have not been changed. Chris Crouch asked Tim Currens if the Commission approved this could the committee change it tomorrow. Tim stated that they could. Chris said that they have actually made improvements as far as the density and the streets and they have no say so on the other items. Tim Currens said that is correct. Charles McGuire asked Tim Currens if the Town's ordinance applies. Tim stated that there is certain things they cannot change and other things they can. Robert Corbin asked if they went back to the old plat and did not change anything would they even need the Commission's approval. Tim Currens stated that they would not. Ernie Adams of 13891 N. Layton Mills Court in The Settlement, section one was present, representing eleven other homeowners from The Settlement, who were also present. Ernie presented the Commission members with packets and pictures containing the sales brochure for The Settlement. He stated that the building requirements changed approximately a year and a half ago. He pointed out that in the brochure it states single