Agenda - 06-26-2003-9C - Laserfiche WebLink

Browse Search

Draft completed by Staff 6/04/03 LE- i Revised 6/25/03 For purposes of this Article, the terms "building capacity" and "school membership" shall have the same meaning attributed in the MOUs. 15.2.3 Expiration of Certificates of Adequacy of Public School Facilities. A CAPS issued in connection with approval of a site plan, special use permit, a major subdivision preliminary plat or a minor subdivision final plat shall expire automatically upon the expiration of such permit approval. 15.2.4 Exemption From Certification Requirement for Development with Negligible Student Generation Rates In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. 15.2.5 Applicability to Previously Approved Projects and Projects Pending Approval. (a) Except as otherwise provided herein, the provisions of this Article shall only apply to applications for approval of site plans, special use permits, major subdivision preliminary plats or minor subdivision final plats that are submitted for approval after the effective date of this Article. (b) The provisions of this Article shall not apply to amendments to site plans special use permits, major subdivision preliminary plats or minor subdivision final plats issued prior to the effective date of this Article so long as the approvals have not expired and the proposed amendments do not increase the number of dwelling units authorized within the development by more than five percent or five dwelling units, whichever is less. (c) 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 Article, if the Board of County Commissioners finds, after an evidentiary hearing, that the applicant has (1) applied to the School District for a CAPS and the application has been denied, (2) in good faith made substantial \\COLEMANPDC\SHARED\Lisa\orangecounty\DraftSAPFO-ZO-Amendment rev by GEG fi2403.doc 4