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J' /a'pc11."' f <br />-2=lf% C <br />ORANGE COUNTY. <br />BOARD OF COMMISSIONERS AND <br />PLANNING BOARD <br />QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 18, 2009 <br />Action Agenda <br />Item No. C -1 <br />SUBJECT: Zoning Ordinance Text Amendment Relating to the Required Commencement <br />of Construction Activities for Planned Developments <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes <br />ATTACHMENT(S): <br />1. Ordinance. Amendment Resolution <br />INFORMATION CONTACT: <br />Name Phone Number <br />Craig Benedict, Director 245 -2592 <br />Michael D. Harvey, Planner 245 -2607 <br />PURPOSE: To hold a public hearing on a staff generated Zoning Ordinance Text Amendment <br />to modify existing regulations concerning the required timeline on the commencement of <br />construction activities for Planned Development projects. <br />BACKGROUND: The Orange County Zoning Ordinance (hereafter `the Ordinance), specifically <br />Section 72.8, establishes requirements concerning the commencement of construction activities that <br />reads as follows: <br />Construction of the planned development must start and proceed at a reasonable <br />rate within twelve (12) months of the approval of the permit. If no construction <br />has started within the stated time frame the permit becomes null and of no effect. <br />The owner can request only one (1) six -month extension from the Board of <br />County Commissioners upon the favorable recommendation of the Planning <br />Board if the request is received before the permit expires. <br />No changes shall be made to the conditions of approval. Approval of a time <br />extension shall be based on evidence presented by the applicant showing that <br />permits have been pursued in a timely manner, and that delays have resulted from <br />factors beyond the control of the developer <br />During the review of a recent project, there was general discussion on existing regulations <br />relating. to the established timeline for the commencement of construction activities. In <br />reviewing these requirements, staff determined that there are potential issues with the existing <br />language, which are as follows: <br />1. For large scale projects there is a potential problem in adhering to the twelve (12) month <br />requirement relating to the need to secure local, State, and Federal permits to allow <br />development to occur. For instance, staff has been informed by a local developer, who <br />recently received approval of a Planned Development project, that securing the <br />