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Approved by Schools and Land Use Councils 11/14/O 1; <br />. Draft completed by staff 2/8/02 <br />11-27-02 revisions <br />12-9-02 revisions <br />dwelling units authorized within the development by more than five percent or five <br />dwelling units, whichever is less. <br />(c) The Board of Commissioners shall issue a, 5pecial exception to the CAPS <br />requirement to an applicant whose application for approval of a subdivision preliminary <br />plat, minor subdivision final plat, site plan or conditional or special use permit covers <br />property within a planned unit development or master plan proj ect that was approved <br />prior to the effecrive date of this ordinance, if the Board of Commissioners finds, after an <br />evidentiary hearing, that the applicant has (1) applied to the School District for a CAPS <br />and the application has been denied, (2) in good faith made substantial expenditures or <br />incurred substantial binding obligations in reasonable reliance on the previously obtained <br />planned unit development or master plan approval, and (3) would be unreasonably <br />prejudiced if development in accordance with the previously approved development or <br />plan is delayed due to the provisions of this ordinance. In deciding whether these <br />findings can be made, the Board of Commissioners shall consider the following, among <br />other relevant factors: <br />(1) Whether the developer has installed streets, utilities, or other facilities or <br />expended substantial sums in the planning and preparation for installation of such <br />facilities which were designed to serve or to be paid for in part by the <br />development of portions of the planned unit development or master planned <br />project that have not yet been approved for construction; <br />(2) Whether the developer has installed streets, utilities, or other facilities or <br />expe~ded substantial sums in the planning and preparation for installation of such.;; =~~` <br />facilities that directly benefit other properties outside the development in question <br />or the general public; <br />(3) Whether the developer has donated land to the School District for the <br />construction of school facilities or otherwise dedicated land or made <br />improvements deemed to benefit the School District and its public school system; <br />(4) Whether the developer has had development approval for a substantial <br />amount of time and has in good faith worked to timely implement the plan in <br />reasonable reliance on the previously obtained approval; <br />(5) The duration of the delay that will occur until public school facilities are <br />improved or exist to such an extent that a CAPS can be issued for the project, and <br />the effect of such delay on the development and the developer. <br />(d) The decision of the Boaxd of Commissioners involving a special exception <br />application under subsection (c) is subject to review by the Orange County Superior <br />Court by proceedings in the nature of certiorari. Any petition for review by the Superior <br />Court shall be filed with the Clerk of Superior Court within 30 days after a written copy <br />of the decision of the Board of Commissioners is delivered to the applicant and every <br />other party who has filed a written request for such copy with the Clerk to the Board of <br />Commissioners at the time of its hearing on the application for a special exception. The <br />5 <br />