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ORD-2009-029 - Amending Zoning Ordinance-Time Limit of Start Construction of Planned Development
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ORD-2009-029 - Amending Zoning Ordinance-Time Limit of Start Construction of Planned Development
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Last modified
4/29/2013 10:33:46 AM
Creation date
9/4/2009 3:59:06 PM
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BOCC
Date
5/18/2009
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
C1
Document Relationships
Agenda - 05-18-2009 - C1
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 05-18-2009
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2 <br />necessary permits from the North Carolina Department of Transportation and possibly <br />the Federal government to allow for roadway improvements will take approximately two <br />(2) years. This permitting process is longer than existing allowances or the, allowable six <br />(6) month extension. <br />2. The Ordinance does not contain any standard outlining how a decision can be made <br />relating to the approval or denial of an extension request. <br />3. The process necessary to review extension requests is not clear and is open for <br />interpretation. <br />Staff believes there is an opportunity to modify existing regulations to establish clear standards <br />relating to the evaluation of an extension request, specifically spell out the process by which <br />they are reviewed, and take into account the necessary process to obtain the necessary permits <br />from local, State, and Federal agencies to allow for the commencement of construction <br />activities. <br />PROPOSAL: Staff is proposing to amend Section 7.2.8 Time Limit on Start of Construction of <br />Planned Development as follows: <br />Establish a differentiation between single -use and multi -use planned development <br />projects approved under the master plan option detailed within Article Seven (7) of the <br />Ordinance, <br />2. Limit single -use projects to a twelve (12) month construction timeframe, <br />3. Allow up to forty -eight (48) months for multi -use projects approved under a master plan in <br />instances where the applicant is required to secure permits from multiple local, State, and <br />Federal agencies. <br />Language would be included within the Ordinance requiring the applicant to demonstrate <br />on an annual basis their progress in obtaining all permits thereby allowing for the permit <br />to continue to be considered valid, <br />4. Provide language within the Ordinance detailing standards to be utilized to determine the <br />approvability of an extension request, <br />5. Continue to allow for a six (6) month extension for single -use projects, and <br />6. Expressly detail the review and approval procedure for such extension requests. <br />It should be noted that these proposed amendments will only allow for a one (1) time extension <br />for a given project. For example, with a multi -use project there is only a single forty -eight (48) <br />month extension granted for the entire project. If this extension period expires, and the <br />developer has not initiated required construction activities, the permit is subject to being <br />rescinded in accordance with the provisions of the Ordinance. <br />FINANCIAL IMPACT: This request has been reviewed by various County departments who <br />have determined the approval of the request will not create the need for additional funding for <br />the provision of County services. <br />NOTIFICATION PROCEDURAL REQUIREMENTS: As detailed within Article Twenty (20) <br />Amendments Section 20.6 of the Ordinance staff is required to cause a: <br />Notice of the public hearing shall be given by publishing said notice at <br />least twice in a newspaper of general circulation in the County, stating the <br />
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