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definedin the Development Agreement,includingthecounty's comprehensive plan,in effect on October10, <br />2000, and as provided in its Section 4.1(c). This vesting also applies to "Subsequent Actions," such as an SDP, <br />per Sec. 4.1(e). Later changes to the comprehensive plan and particularly the cited provisions in the <br />comment letter are not applicable to Suncadia. The proposed development of Phase 3 Division 14 is <br />consistent with all general planning policies to which it is subject. <br />C. <br />Ordinance2000-17establishestheMountainStar(nowSuncadia)MasterPlannedResortandits"Subsequent <br />Approvals" as planned actions under SEPA obviating the need for additional environmental review absent <br />the identification of actions not previously contemplated in the environmental impact statement and <br />mitigated as provided in the various entitlement documents. Neither the comments received nor the <br />checklist submitted with the Ph 3 Div 14 application identifies any such actions that would be considered as <br />"disqualified projects" under the Ordinance. The removal of vegetation, the presence of bird and animals <br />and steep slopes, the possibility of impacts from light and glare and upon view corridors were all fully <br />explored in the FEIS and the work and materials leading up to its adoption. All impacts have, are, or will be <br />mitigated as provided in the Development Agreement and its exhibits. The SDP, BLA, preliminary plat, and <br />development plan for Ph 3 Div 14 present no actions not previously studied, approved and undertaken <br />multiple times on the resort property. <br />A.3 <br />The Tumble Creek Design and Construction Standards define maximum building height which is a two story <br />structure with a walkout basement, totaling 40’. Building height calculation is also defined and determined <br />in the Design Guidelines, of which this this application complies. <br />Sincerely, <br />NEW SUNCADIA, LLC. <br />BRIANNE R KELSEY <br />Senior Vice President of Development <br />Index #27