Agenda - 08-18-2009 - 5a - Laserfiche WebLink

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Approved 7/1/09 60 or a project involving the development of multiple structures with a similar use such as a residential subdivision or a non- 61 residential office park approved through the submission of asite-specific development plan in accordance with the provisions of 62 this Article. A single family residential subdivision plan development proposing two or three hundred single family residential 63 dwelling units would be considered asingle-use development. With asingle-use development project, the applicant can request 64 one six month extension that is covered in subsection b and c on page 68. We have complied with County Commissioners' 65 request that we provide the exact deadline if the extension is granted, the total timeline allotted for the commencement of 66 construction for asingle-use development shall be eighteen months for the date of approval of the approval, meaning the year 67 that you got it from, until the time period you get the six month extension and you only get one. Subsection 2 begins the master 68 planned development where you can get up to a maximum 48 month extension but you'll note we address the County 69 Commissioners concern in subsection b essentially indicating that you will only be allotted the time necessary to secure the 70 permits to commence construction and you are going to have to submit documentation proving that when that is going to be. 71 The maximum you can get is 48 months total. The Board is going to determine what extension is warranted based on your 72 peculiar and particular situation and you only get one. With respect to submittal requirements the Ordinance currently does not 73 have anything detailing what a developer would have to submit in order to request an extension. What staff has come up with is 74 5 requirements including the completion of an application, the submission of a detailed narrative, documentation from all the 75 agencies the applicant is required to obtain permits from in order to commence construction activities and an explanation of how 76 long its going to take to review any and all permit requests along with an explanation on how the delay and how is not related to 77 any inaction on the applicants part. With respect to the review process, we are requiring any extension request to be submitted 78 at least 3 months prior to the expiration of permit for it to be considered valid. The zoning officer, which by the ordinance is the 79 Planning Director, Mr. Benedict, will review the item and make a recommendation and the Board of County Commissioners who 80 will make the final determination of the viability of the request. As you will note within Subsection D of the proposed ordinance 81 staff is requiring the developer to submit every six months to the zoning officer progress reports detailing where they are in 82 process of obtaining the required permits. If the developer is not actively pursuing the permits then the requirement allowing for 83 the extension is invalidated thereby technically voiding the permit. Within Subsection E of the proposed ordinance, there was a 84 question at the Quarterly Public Hearing, and I want to explain why staff is recommending keeping it, if the Board imposes a 85 condition setting up a specific chain of events that has to happen with a planned development, we don't want them to be able to 86 go through this process to amend that condition. Conditions are amended through a very specific and spelled out process 87 requiring it to go back through the public hearing process. They have to go back and make a new application, go back to the 88 County Commissioners, go before the Planning Board, just like the original planning development process to begin with. If the 89 Board, if the County in its infinite imposes timelines for construction or imposes specific benchmarks that have to happen with 90 any project this process cannot alter those conditions. That is essentially why we are recommending this step. Mr. Chairman 91 that's all I have, I will answer any questions at this time. 92 93 Larry Wright: You were here through the Buckhorn Village process and Craufurd Goodwin often referred to Waterstone and how 94 the development has just been sitting idle much to the frustration of the Town of Hillsborough. Reflecting on that and given your 95 summary, how does this protect against that. Would this stop the Waterstone stalling? 96 97 Michael Harvey: We are attempting to do is build flexibility in the ordinance on the off chance there are numerous federal, state 98 and local permits that have to be obtained in order to permit construction. If you, as a developer, can't show us proof that you 99 can't meet your 12 month obligation to commence construction then you don't get an extension and your permit dies. If you can 100 show us proof that you need 24 or 28 months to get your permits, and that the need for an extension is not fault of your own, the 101 County Board of Commissioners has the capability to grant such an extension. Further, a developer shall be required to provide 102 updates on their progress in obtaining the necessary permits every six months in order to keep the extension alive. If a 103 developer can't get it within that timeline, the permit dies. So in staffs opinion, this amendment still addresses the issue of the 104 County wanting to avoid having something sitting dormant for several years without any activity. The concern that was 105 expressed in some of the Buckhorn meetings was that Churton Grove sat dormant for 10 years. There were specific conditions 106 they had to meet which allowed them to remain dormant during that amount of time. That is why this ordinance was originally 107 drafted in the late 80s or early 90s to allow fora 12 month extension. 108 109 Craig Benedict: To answer the Waterstone questions, some of the issues were more marketing and we will not be legislating 110 telling people they have to sell their property in a certain timeframe. They did put water and sewer and roadways in the 111 timeframe Hillsborough stated but Hillsborough was concerned that, were they marketing as well as they could and that is 112 something local governments cannot get into. 113 114 Larry Wright: Aren't the timelines set up to keep this process moving so the land doesn't lie fallow? 115 116 Craig Benedict: Yes. For the roads and infrastructure and preservation of open space and all those requirements, they will 117 come online in accordance with the schedule that is set by this review process. We hope that development continues at a pace 118 but we can't legislate that. 2