V2011-33 [Variance] Traton Homes (Rockford Township) Land Lots 00360, 00370, and 00380, District 19. Motion to approve the following variances for property located in Land Lots 00360, 00370, and 00380, District 19 and being known as Rockford Township. Variance to reduce the total number of street trees required to be planted in the front yards of the development from 169 to 148 (as shown on the attached Tree Replacement Plan for Rockford Township, date stamped Feb. 3, 2012), in lieu of the requirements for planted border areas listed under Table G-1. [Section 712.08 (G)(2)(a)]; with the following stipulations: 1. The sidewalk previously approved to be located along the eastern side of Rockmann Lane and the northern side of Rockmann Terrace will be relocated along the western side of Rockmann Lane and the southern side of Rockmann Terrace, so as to preserve the existing trees on the Smith-Manning House property. 2. No tree replacement will be required for the unintentional loss of any trees identified on the Tree Replacement Plan. 3. No disturbance or construction activities, such as vehicle or material storage, shall encroach upon the critical root zone for designated tree save areas, which shall include no less than the total area beneath the canopy drip line of the tree(s). Further, prior to any land disturbance, active tree protective fencing must be installed to protect the critical root zone. 4. The Tree Replacement Plan for Rockford Township, date stamped Feb. 3, 2012, is approved with adjustment to Detention Area 2, by moving eleven (11) evergreen trees from the rear and placing eight (8) evergreen trees in the rear of Lot #20 and three (3) evergreen trees near the outlet structure on Detention Area 1. Mayor Tumlin disclosed that in 2009 political contributions were reported from Traton and its principals in the aggregate of over $250. Also, Smith, Tumlin, McCurley & Patrick, P.C., represented Mr. John Elliott in the sale and separation of the Smith Manning property. Council member Sinclair disclosed that in 2009 he received a political contribution of greater than $250 from Mr. Bill Poston of Traton Corporation. Also, he sold Mr. Will Etheredge, the neighboring property owner at the Smith Manning House, his house. In addition, he was the listing agent at Rockford for Mr. John Elliott, the previous owner, in his capacity as a Realtor at Harry Norman Realtors, but the project went bankrupt before they sold anything.

Committee

CITY COUNCIL

Introduced

October 18, 2011

On agenda

November 7, 2011

Passed

February 8, 2012