Agenda - 02-25-2013 - C2 - Laserfiche WebLink

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32 proposed amendments do not increase the number of dwelling units authorized within the development by more than 5% or five dwelling units, whichever is less. (C) Special Exceptions (1) The Board of County Commissioners shall issue a special exception to the CAPS requirement to an applicant whose application for approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat covers property within a planned unit development or master plan project that was approved prior to the effective date of this Section, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has: (a) Applied to the School District for a CAPS and the application has been denied, (b) In good faith made substantial expenditures or incurred substantial binding obligations in reasonable reliance on the previously obtained planned unit development or master plan approval, and (c) Would be unreasonably prejudiced if development in accordance with the previously approved development or plan is delayed due to the provisions of this Section. (2) In deciding whether these findings can be made, the Board of County Commissioners shall consider the following, among other relevant factors: (a) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities which were designed to serve or to be paid for in part by the development of portions of the planned unit development or master planned project that have not yet been approved for construction; (b) Whether the developer has installed streets, utilities, or other facilities or expended substantial sums in the planning and preparation for installation of such facilities that directly benefit other properties outside the development in question or the general public; (c) Whether the developer has donated land to the School District for the construction of school facilities or otherwise dedicated land or made improvements deemed to benefit the School District and its public school system; (d) Whether the developer has had development approval for a substantial amount of time and has in good faith worked to timely implement the plan in reasonable reliance on the previously obtained approval; (e) The duration of the delay that will occur until public school facilities are improved or exist to such an extent that a CAPS can be issued for the project, and the effect of such delay on the development and the developer. (3) The decision of the Board of County Commissioners involving a special exception application under Section 6.19.8(C) is subject to review by the Orange County Superior Court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after a written copy of the decision of the Board of County Commissioners is delivered to the applicant and every other party who has filed a written request for such copy with the Clerk to the Board of County Commissioners at the time of its hearing on the application for a special exception. The written copy of the decision of the Board of County Commissioners may be delivered either by personal service or by certified mail, return receipt requested.