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Approved by Schools and Land Use Councils 11/14/01; <br />Draft completed by staff 2/8/02 <br />11-27-02 revisions <br />12-9-02 revisions <br />12-10-02 revisions <br />a. For residential developments restricted by law and/or covenant for <br />a period of at least thirty years to housing for the elderly and/or <br />adult care living and/or adult special needs; <br />b. For residential developments restricted for a period of at least <br />thirty years to dormitory housing for university students. <br />If the use of a development restricted <br />becomes effective, a changes, then before a <br />CAPS must be issued <br />permit authorizing such change of use <br />just as if the development were being constructed initially. <br />6. Applicability to Previously Approved Projects and Projects Pending <br />Approval. <br />(a) Except as otherwise provided herein, the provisions of this ordinance shall only <br />aPP1Y to applications for approval of subdivision preliminary plats, minor subdivision <br />final plats, site plans and conditional or special use permits that are submitted or <br />approval after the effective date of this ordinance <br />(b) The provisions of this ordinance shall not apply to amendments to subdivision <br />preliminary plats, minor subdivision final plats, site plans, or special or conditional use <br />permit approvals issued prior to the effective date of this ordinance so long as the <br />approvals have not expired and the proposed amendments do not increase the number of <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 special 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 project that was approved <br />prior to the effective 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 />would be unreasonably <br />planned unit development or master plan approval, and (3) <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 t planned unit for in part by the <br />or maser planned <br />development of portions o the p <br />project that have not yet been approved for construction;