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EDD Task Force agenda 121800
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EDD Task Force agenda 121800
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use permit. <br /> b . No special use permit for a site governed by a master plan may be denied for <br /> reasons set forth in Section 4 . 2 (Findings of Fact for Special Use Permit) if <br /> the basis for such denial involves an element or effect of the development that <br /> has previously been specifically addressed and approved in the master plan <br /> approval process , unless (i) it can be demonstrated that the information <br /> presented to the board of commissioners at the ' master plan approval stage <br /> was materially false or misleading , (ii) conditions have changed substantially <br /> in a manner that could not reasonably have been anticipated , or (iii) a basis <br /> for denial for reasons set forth in Section 4 . 2 (Findings . of Fact for Special <br /> Use Permit) is demonstrated by clear and convincing evidence . <br /> 6 ) Subject to Section E . 5 . a above, master plan approved under this section may only be <br /> amended in accordance with the provisions applicable to a rezoning of the property <br /> in question . <br /> 7) Not withstanding the foregoing provisions , if the Board of Commissioners finds <br /> during its review of a request for approval of an ESU rezoning and master plan that <br /> sufficiently detailed information has been submitted, the Board may approve the <br /> master plan as a special use permit for individual site or the entire development. For <br /> purposes of this subsection, the phrase " sufficiently detailed information" means that . <br /> type and degree of information which allows the Board to understand and approve all <br /> of the major discretionary design elements of the project, leaving mostly technical or <br /> engineering matters to be approved by the staff. If a master plan is approved as a <br /> special use permit in this way, the approval process shall follow the same procedures <br /> and standards applicable to other special use permit applications . Any lot that is <br /> subdivided out of a tract for which a master plan has been approved as a special use <br /> permit under this subsection may then be developed after a zoning compliance permit <br /> has been secured . <br /> 8 ) When an ESU rezoning application is approved, and the tract that is subject of this <br /> rezoning is proposed to be subdivided, all provisions of the Hillsborough Subdivision <br /> Regulations shall be satisfied. <br /> a) The applicant may obtain approval of the subdivision simultaneously with the <br /> approval of the rezoning or at a later time . <br /> b) The subdivision shall be consistent with the terms of the master plan or special <br /> use permit (as applicable) that is approved along with the rezoning . <br /> c) If the master plan or special use permit that is approved along with the rezoning <br /> establishes density , floor area, impervious surface , or similar limitations on <br /> the tract that is rezoned or any portion thereof, the subdivision final plat that <br /> creates lots out of any portion of the tract so encumbered shall indicate on the <br /> face of the plat with respect to each lot such limitations or restrictions as are <br /> iance with the master plan or SUP . For example , if <br /> necessary to ensure compl <br /> the master plan or SUP shows a ten acre portion of the tract approved for <br /> retail development with a maximum floor area of 100 , 000 square feet, then if <br /> that ten acre area is subdivided, each lot so created shall show on the face of <br /> the plat the maximum buildings area that can be constructed on that lot . <br /> g:\craig\edd\entrancesud\ 12m4ftOO\dg <br />
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