Orange County NC Website
Browse       Search
38 <br /> 1 Slide #40 <br /> Proposed Conditions(Attachment 9) <br /> 7.Approval of this plan establishes a zoning vested right underNCG&16OD-108.Unless <br /> terminated at an earlier date,the zoning right shall be valid until March 19,2029.Appruval of <br /> this plan establishes a zoning vested right under NCGS 160D-108.Unless terminated at an <br /> earlier date,the zoning right shall be valid until March 19,2029. <br /> ORANGE COUNTY <br /> NOR ITI CARQL.IbU <br /> 2 <br /> 3 Ashley Moncado said the applicant requested to vest their site plan, per section 2.5.5 of <br /> 4 the Unified Development Ordinance (UDO). <br /> 5 Chair Bedford asked Ashley Moncado to explain what vesting means. <br /> 6 Ashley Moncado said that the applicant can request vesting of the site for up to five years. <br /> 7 She said that means that someone can purchase the property but can only do what is on the <br /> 8 approved site plan. She said any major modification to the site plan would have to come back to <br /> 9 the county for approval. <br /> 10 Chair Bedford asked what would expire in five years. She asked if that means they have <br /> 11 five years to build according to the plan. <br /> 12 Cy Stober said they had five years to begin building. He said the default is 18 months, <br /> 13 and the UDO and state law provide for the applicant to request an extension to five years. He <br /> 14 said if the county received a phased plan, then the default is seven years to begin construction. <br /> 15 He said if at the time of expiration, if no activity has commenced, it would still be conditionally <br /> 16 zoned, but the applicant would have to come back to the county to get reapproval. <br /> 17 Commissioner Fowler asked if they did not do that, would it revert to previous zoning. <br /> 18 Cy Stober said it would not revert. He said it would essentially be stale and have to be <br /> 19 refreshed. He said it would not be a plan that the Planning Department could administratively <br /> 20 approve. He said the applicant would have to go back through the hearing process and get <br /> 21 everything reapproved. <br /> 22 Ashley Moncado continued the presentation: <br /> 23 <br /> 24 <br />