CP Adds

Question 1

LAND

1) State 1st test land developer faces.
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2) What must he do if he fails the test?

Answer 1

LAND

1) Is is proposed use compatible w/ CP?
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2) Amend CP.

Question 2

Define LOS.

Answer 2

LAND
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unit it has to give, unit they demand
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Level of Service Std = unit capacity to unit demand

Question 3

LAND
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State the 3-part test a rezoning request must meet.
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If it passes, what is next test?

Answer 3

LAND
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1.	In the public’s interest, 
2.	Consistent w/ CP & 
3.	Compatible w/ surrounding uses.
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1.  Do we need to enter into a dev agmt?
(a)  Is the road in the cap impr PLAN.
(b)  If not, need to amend CP.
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2.  Address concurrency.
(a)  How does this impact LOS?
(b)  the government’s demand for property from a land-use permit
applicant must satisfy the requirements of Nollan and Dolan even when the
government denies the permit and even when its demand is for money.”

Question 4

LAND
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State the 2 step analysis of wh/ Parties need to enter a Dev. Agmt (ex. one builds a road for a desirable subdivision?).
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STEP #1:  What is it dependent upon?
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STEP #2:  If met, what is step #2?

Answer 4

1) Look to see if in capital improvement PLAN (part of cap imp ELE).
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2) Address concurrency.
(a) What is the traffic impact of a development. (b) How will it effect the LOS?
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For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

Question 5

Capital Improvement Plan is part of what?

Answer 5

A piece of the capital improvement element. Every LG has to have a capital improvement plan. Any road is in the capital improvement plan. Why? b/c you need to have agreed w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

Question 6

Why wd all roads be reflected in the capital improvement PLAN?

Answer 6

To agree w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

Question 7

Does every LG have to have a capital improvement PLAN?

Answer 7

Yes.

Question 8

What do you say when your LG has proposed crazy exactions to Applicant Developer?

Answer 8

LAND
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LG’s demands upon a land-use permit
applicant-
(1) must satisfy the requirements of Nollan and Dolan i.e. nexus
(2) even when LG denies the permit &
(3)  even when its demand is for money.
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Koontz