Required Findings. The parties each acknowledge and agree that:
(a) Under Rule 12d1-4(b)(2)(i)(B), prior to the initial acquisition of an Acquired Fund in excess of the limits in Section 12(d)(1)(A)(i), the Acquired Fund’s adviser has found that any concerns regarding undue influence arising from an Acquiring Fund’s investment in the Acquired Fund are reasonably addressed, considering, at a minimum, the scale of contemplated investments by the Acquiring Fund and any maximum investment limits, the anticipated timing of redemption requests by the Acquiring Fund, whether and under what circumstances the Acquiring Fund will provide advance notification of investments and redemptions, and the circumstances under which the Acquired Fund may elect to satisfy redemption requests in kind rather than in cash and the terms of any such redemptions in kind (the “Acquired Fund Findings”); and
(b) Under Rule 12d1-4(b)(2)(i)(A), prior to the initial acquisition of an Acquired Fund in excess of the limits in Section 12(d)(1)(A)(i), the Acquiring Fund’s adviser has evaluated the complexity of the structure and fees and expenses arising from the investment in the Acquired Fund and found that the Acquiring Fund’s fees and expenses do not duplicate the fees and expenses of the Acquired Fund (the “Acquiring Fund Findings”).
Required Findings. The following findings are prepared for the purposes of determining the suitability of the Affordable Housing Partnership Option for fulfilling the inclusionary obligations of the Yacht Harbor Oaks subdivision only. However, as the current building plans and legal agreements reflect the Partnership’s current intention to build three affordable Habitat units, supporting evidence is provided for the third unit as well. If the second subdivision project is approved, these findings may be sufficient for review of that Participation Agreement as well. Development of off-site affordable units by affordable housing partnerships.
Required Findings. Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings:
Required Findings. A map may be amended only if the Director first finds all of the following to be true:
a. There is a change(s) in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;
b. The amendment(s) does not impose any additional burden on the fee owner(s) of the real property;
c. The amendment(s) does not alter any interest, right, or title in the real property reflected on the map; and
d. The map, as amended, is still in compliance with the Act.
Required Findings. The MDTE shall find that the Utilities’ auction from which the Agreement was negotiated was consistent with BECo’s Restructuring Settlement Agreement approved by the MDTE in D.P.U./D.T.E. 96-23 (the “Settlement Agreement”) and CECo’s Restructuring Plan approved by the MDTE in D.P.U./D.T.E. 97-111 (the “Restructuring Plan”) in that the auction was equitable and maximized the value of the assets that were subject to the auction
Required Findings. The applicable Review Authority shall approve a reversion to acreage only after first making all of the following findings, as required by the Act:
1. Dedications or offers of dedication to be abandoned or vacated by the reversion to acreage are unnecessary for present or prospective public purposes; and
2. Either:
a. All owners of an interest in the real property within the subdivision have consented to the reversion;
b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
c. No parcels shown on the final or parcel map have been sold within five years from the date the map was filed for record.
Required Findings. The Director may determine that a proposed use is similar to and compatible with a listed use and may be allowed after making all of the following findings with the determination:
(1) The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;
(2) The use will be consistent with the purposes of the applicable zone;
(3) The use will be consistent with the General Plan and any applicable specific plan;
(4) The use will be compatible with the other uses allowed in the zone; and
(5) The use is not listed as allowable in another zone. A determination that a use qualifies as a similar and compatible use and the findings supporting the determination shall be in writing.
Required Findings. The following findings shall be made by the City Council prior to approval of any Development Agreement:
Required Findings. No application for a Planned Development shall be approved unless all of the following findings are made about the development:
Required Findings. In addition to all Townhouse Developments complying with the applicable provisions of Title 17 and this Subdivision Chapter (§16.04), the Administrator shall find that All Townhouse Developments, including each individual sublot, shall not exceed the maximum building coverage requirements of the zoning district. Commission Findings The townhome project is located within the Tourist (T) Zone. The townhomes development has a Floor Area Ratio of 0.30.
