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Planning & Zoning Commission/ Local Planning Agency Minutes September 12, 2018 Page 5 7. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. Mr. Bakalla seconded the motion. The motion passed unanimously by voice vote. Seventh Item of Business: SPR 16-18: Legacy Place Townhomes Extension. A request to extend an approved site plan for the Legacy Place development. Mr. Dean Fathelbab, Planner II, reviewed the information provided in staffs memorandum dated September 12, 2018. Mr. Fathelbab said that the applicant has submitted the engineering permit; however, it is still currently under review. He said there are a number of outstanding items on the engineering permit that need to be addressed; therefore, an extension is requested Mr. Fathelbab said staff recommends the Planning and Zoning Commission approve a time extension for SPR 16-18 for the Legacy Place Townhomes proposed at the northwest corner of Murphy Road and Seminola Boulevard. He said staff's recommendation is based on the original staff report dated August 9, 2017 (Attachment C: Staff Report for Legacy Place), the findings of fact and conclusions of the staff report dated September 12, 2018, and the following conditions of approval that remain from the September 18, 2017 City Commission approval letter (Attachment A). The conditions of approval are: 1. A clause is added to the HOA documents to state that "initial leases shall be 12 months or longer". 2. DRC comments, from the June 6, 2017 meeting shall be addressed 3. All utility lines shall be placed underground (Section 3-10.2 (4)) 4. All Public Works issues must be addressed prior to issuance of a site construction permit. 5. All required local, regional, state and federal permits shall be obtained before commencement of development. 6. The applicant shall provide a photometric plan prior to issuance of a Certificate of Occupancy. This shall conform to the ULDR requirements for the street lighting. 7. The property shall pass landscaping, irrigation, and photometric/lighting inspections prior to completion of the project or issuance of a Certificate of Occupancy. 8. Payment into the Tree Bank must be made prior to issuance of a Certificate of Occupancy. 9. The site plan approval shall be valid for one year. An extension request may be submitted prior to the expiration of this approval. 10. All of the above conditions shall be fully and faithfully executed or the site plan shall become null and void. Mr. Henson asked the applicant to come forward. Mr. John Herbert, American Civil Engineer, 207 North Moss Road, Winter Springs, Florida came forward. In response to the Commission's question regarding the flooding