Loading...
HomeMy WebLinkAboutAgenda - 04-21-2009 - 5aORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2009 l Action Agenda Item No. 5 - Q SUBJECT: Zoning Ordinance Amendments to Clarify Procedures and Notification Requirements for Amendments to the Comprehensive Plan DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Zoning Ordinance Amendments - Article 2 — Underline / Strike - through Format (Entire Article) (Under Separate Cover) 2. Zoning Ordinance Amendments - Article 2 — "Clean" Format (Only Sections Proposed for Amendment) 3. Basis for Staff's Recommendations 4. Chart Showing Modifications After QPH 5. February 23, 2009 DRAFT QPH Minutes 6. March 4, 2009 Planning Board Minutes INFORMATION CONTACT: Craig Benedict 245 -2592 Shannon Berry 245 -2589 PURPOSE: To receive the Planning Board recommendation and consider approval of proposed amendments to Article 2 of the Zoning Ordinance to clarify the language and clearly articulate the procedures for amendments to the adopted Comprehensive Plan. BACKGROUND: The County adopted the Comprehensive Plan update the latter part of 2008. Following the plan adoption the process of implementation may include amendments to the Land Use Plan (map and text). At this time, the processes and requirements for amending the Comprehensive Plan are outlined in the adopted Zoning Ordinance. While the procedures have been in place for a significant period of time, the current language is vague, leaving the processes open for interpretation. Historically, there have been only limited amendments to the previously adopted plan. However, prior to anticipated various amendments to the Land Use Plan to implement the recommendations contained in small area plans, it is beneficial to more clearly define the procedures for these amendments, ensuring transparency and public input during the processes. The State does not have minimum requirements for comprehensive plan amendments. Article 2 of the Zoning Ordinance is included in its entirety in Attachment 1 with the proposed amendments in "Track Changes" format for reference and context. However, only Sections 2.2.14.3 through 2.2.14.9 are proposed for amendments and were advertised for public hearing. Proposed amendments to other sections of the Article would have to be brought forward as a separate action at a later date. The proposed amendments to Article 2, Sections 2.2.14.3 through 2.2.14.9 of the Zoning Ordinance ON clearly define the specific procedures and notification requirements for amendments to the adopted Comprehensive Plan. As proposed, the new language provides clear and concise instructions for the application for and processing of Comprehensive Plan amendments not currently included in the ordinance. February 23, 2009 Quarterly Public Hearing This item was heard at the February 23, 2009 Quarterly Public Hearing. While there were no comments made by the public, members of the BOCC and Planning Board provided comments on the proposed amendments. Commissioners expressed their desire to have County initiated Comprehensive Plan amendments be processed in the same manner as non - County initiated amendments. In addition, some stated their preference that Comprehensive Plan amendments and rezonings of the same property be heard separately, at different public hearings, allowing the public time to fully comprehend the two processes and proceedings. The BOCC voted to refer this item to the Planning Board for its review and recommendation to be returned to the County Board of Commissioners no later than April 21, 2009. BOCC suggestions that could not be incorporated with this amendment process due to legal notice limitations will be held for future consideration. March 4, 2009 Planning Board Meeting This item was considered by the Planning Board at the March 4, 2009 meeting. In consideration of the comments made at the Quarterly Public Hearing, staff modified the proposed amendments to Article 2, Sections 2.2.14.3 through 2.2.14.9 and presented them to the Planning Board. The modifications are outlined in Attachment 4. The new revisions are shown in underline / strike - through format in Attachment 1, with new additions shown in blue and new deletions shown in green. After little discussion, the Planning Board voted 8 -1 to recommend approval of the modified proposed amendments to Article 2 of the Zoning Ordinance as shown in Attachment 2. Staffs rationale for some of the original and post- Quarterly Public Hearing amendments is noted in Attachment 3. FINANCIAL IMPACT: There are no financial impacts associated with adopting the proposed amendments. Staff time and the legal advertisements have been accounted for in the departmental budget. Depending on the outcome of clarifications, future costs for notifications could change. Notifications, as proposed, include newspaper legal advertisements at least twice prior to the public hearing, as well as mailings and posting affected properties. As illustrated by the example shown in Attachment 3, the proposed amendments could have a significant impact on the budget. Processing a large -scale Comprehensive Plan amendment could have upwards of $6,000 in costs for notifications for one project. By processing Zoning amendments at the same public hearing, another $6,000 outlay could be avoided. Additionally, annual work plans could include 5 or more large -scale projects per year. RECOMMENDATION(S): The Administration recommends the Board take the following actions: 1. Receive the Planning Board recommendation, 2. Close the public hearing, and 3. Approve the proposed amendments to Article 2 of the Zoning Ordinance to clarify the language and clearly articulate the procedures for amendments to the adopted Comprehensive Plan. "Cle�version osed amendments Attachment 2 ARTICLE 2 THE BOARD OF COUNTY COMMISSIONERS AND ITS ADMINISTRATIVE MECHANISMS *************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** '`2.2.14.3 Consideration of Amendments Principal amendments shall generally only be considered once each year at the quarterly public hearing in February; provided, however, if a principal amendment is scheduled by the Board of Commissioners for other than the February public hearing, it shall be scheduled during one of the quarterly public hearings held in May, August, and November. Secondary amendments may be considered four (4) times each year at the quarterly joint public hearings in February, May, August, and November. A proposed amendment may be considered in conjunction with a rezoning request for the same property if the requests are in compliance with an adopted small area plan. Requests for a rezoning not in compliance with an adopted small area plan, planned development and /or special use permit may only be considered at subsequent hearings or meetings following approval of the proposed amendment to the Comprehensive Plan. 2.2.14.4 Application for Amendment to Adopted Comprehensive Plan All applications for amendments to the Comprehensive Plan shall be in writing and signed. Three copies shall be filed with the Planning Director. Before accepting any amendment application, the Planning Director shall ensure that it contains all required information, as specified in this ordinance. Applications which are not complete, or otherwise do not comply with the provisions of this ordinance, shall not be accepted by the Planning Director, but shall be returned to the applicant, with a notation by the Planning Director of the deficiencies in the application. Contents of Application Applications for amendments to the Comprehensive Plan, without limiting the right to file additional material, shall contain at least the following: a) For amendments to the Land Use Plan (map) within the Land Use Element, a fully dimensioned map adequately illustrating the land which would be covered by the proposed map amendment, and a complete list of Property Identification Numbers (PIN) for the properties; 3 N b) For amendments to the Comprehensive Plan text, a copy of the existing text provision(s) which the applicant proposes for amendment, and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Article; c) All other circumstances, factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. 2.2.14.5 Public Hearing and Notice Thereof The Board of County Commissioners and the Planning Board shall hear applications for amendments to the Comprehensive Plan in a joint public hearing. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two consecutive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. The minimum published size of the notice shall be 25 square inches. In the case of amendments to the Land Use Plan (map), the Planning Director, or their designee, shall prominently post a notice of the public hearing on the site proposed for the land use change or on an adjacent public street or highway right -of -way not less than 10 days before the date set for the public hearing. When multiple parcels are included within a proposed Land Use Plan amendment, a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons. In the case of amendments to the Land Use Plan (map), written notice of the application shall be sent by first -class mail to all property owners, as listed in the Orange County tax records, whose property is affected by the proposed amendment. Said notice shall be mailed at least 14 days, but not more than 25 days, prior to the date of the public hearing. El 5 2.2.14.6 Action Subsequent to the Date of Public Hearing Following'the date of the public hearing, all proposed amendments shall be referred to the Planning Board for its consideration and recommendation. Evidence not presented at the joint public hearing (hereinafter called "new evidence ") may be submitted in writing at or prior to the first Planning Board meeting at which the application is reviewed. The Planning Board may consider oral evidence only if it is for the purpose of presenting information also submitted in writing. The Planning Board shall, after the date of the public hearing, prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of any application. The Board of County Commissioners may direct the Planning Board to provide a recommendation by a date certain. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings. If the Planning Board fails to make a recommendation as directed by the Board of County Commissioners or within three regularly scheduled Planning Board meetings, whichever is applicable, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. The Board of County Commissioners shall not consider enactment of the proposed amendment until the Planning Board either makes its recommendation or takes no action on the application as prescribed in this section. In making its decision, the Board of Commissioners shall consider all relevant evidence presented at the joint public hearing and any new evidence which was considered by the Planning Board in making its recommendation. 2.2.14.7 Withdrawal of Application An applicant may withdraw his or her application at any time by written notice to the County Manager. However, any withdrawal of an application after the publication of the first notice as required in Section 2.2.14.5 of this ordinance shall be considered a denial of the petition. 2.2.14.8 Effect of Denial When the Board of County Commissioners denies an application or an application is withdrawn after the first notice of the public hearing and thereby denied, the Planning Director shall not accept another application for the same or similar amendment, affecting the same property or a portion thereof, until the expiration of a one year period, extending from the date of denial or withdrawal, as appropriate. 5 2.2.14.9 Fees A Fees for filing applications for amendments to the adopted Comprehensive Plan shall be in accordance with the adopted fee schedule. **************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 0 Attachment 3 O Basis for Staff's Recommendations The following narrative is intended to provide some of the rationale behind staffs recommendations and the issues staff is attempting to address, and avoid, through the proposed amendments. Clarity vs. Confusion: Currently, the processes for Comprehensive Plan amendments are vague, leaving the processes open for interpretation. The proposed amendments to Article 2 of the Zoning Ordinance will provide clear and concise instructions for the application for and processing of Comprehensive Plan amendments, not currently included in the ordinance. As proposed, the simultaneous processing of Comprehensive Plan (text & map) and Zoning Ordinance (text & map) amendments of the same property, if in compliance with approved small area plans, will prove less confusing to those property owners and citizens affected by the proposed changes because they will not receive multiple notices about actions that appear, to a layperson, to be very similar. Additionally, it should be easier for a property owner to understand the final outcome of all amendments if they are presented together rather than as a "Land Use" action (that is essentially non - regulatory) with an undefined "Zoning" action (the regulatory mechanism) to occur at a future, undetermined date. Time: With the significant public involvement associated with the adoption of small area plans, the citizens involved often have invested considerable time and effort into the plans' development and are familiar with its contents. The Comprehensive Plan (text & map) and Zoning Ordinance (text & map) amendments necessary to aid in implementation of the plans, if processed separately, can add an additional 1 to 2 years to the process. For example — If a small area plan is adopted in June 2009, the associated Comprehensive Plan (text & map) amendments could not be presented at public hearing until February 2010, at the earliest, since it would be considered a 'Principal' amendment, with possible adoption by June 2010. This phase would occur too late to budget the zoning amendment costs in the 2010 -11 fiscal year. The funding would need to be scheduled for the following 2011 -12 fiscal year. Therefore, scheduling and legal advertising requirements for rezonings would delay the Zoning Ordinance (text & map) amendments until November 2011, at the earliest. W Budget Impacts: Advertising and mail -out costs for large -scale Comprehensive Plan amendments can add thousands of dollars to a fiscally strained County budget. The multi -tier process of adopting small area plans and then the subsequent process of adopting Comprehensive Plan (text & map) amendments and Zoning (text & map) separately will, at a minimum, double the costs for notification for one large project. Processing Comprehensive Plan (text & map) amendments and Zoning Ordinance (text & map) amendments at the same public hearing can save considerable resources on both newspaper advertisements and property owner mail -outs. EXAMPLE — A large -scale Comprehensive Plan (land use map) amendment to implement a small area plan. Assumptions: ❑ 4860 affected property owners ❑ 2 advertisements each in Chapel Hill Herald & News of Orange / Northern Orange Xtra ❑ first -class mailing to all affected property owners ❑ affected properties posted Notification Costs (includes staff time): ❑ Newspaper advertisements - $3,000 ❑ First -class Mailings - $3,000 Total: $6,000 NOTE: At a minimum, costs would be doubled for processing the Zoning Ordinance amendments at a subsequent public hearing. Proposed Notification Requirements - Presented at QPH *Typical outreach /notification methods also to be utilized ( i.e.posting on County website, libraries, emails, posted flyers in area businesses) Proposed Notification Requirements - REVISED Newspaper First -Class Mail Advertisements Property Posted (within 500 feet) (min. 25 sq. inches) owners) Text Amendment yes County Initiated Map yes yes Amendment yes yes yes Non - County Initiated yes yes yes Map Amendment *Typical outreach /notification methods also to be utilized ( i.e.posting on County website, libraries, emails, posted flyers in area businesses) Proposed Notification Requirements - REVISED *Typical outreach /notification methods also to be utilized (i.e.posting on County website, Wranes, emails, posted flyers in area businesses) 4 Newspaper First -Class Mail Advertisements Property Posted (affected property (min. 25 sq. inches) owners) Text Amendment yes Map Amendment (County and non- yes yes yes County initiated) *Typical outreach /notification methods also to be utilized (i.e.posting on County website, Wranes, emails, posted flyers in area businesses) 4 Attachment 5 to 1 EXCERPT FROM DRAFT FEBRUARY 23, 2009 2 QUARTERLY PUBLIC HEARING MINUTES 3 4 DRAFT DRAFT DRAFT 5 6 MINUTES 7 ORANGE COUNTY BOARD OF COMMISSIONERS 8 ORANGE COUNTY PLANNING BOARD 9 QUARTERLY PUBLIC HEARING 10 February 23, 2009 11 7:30 p.m. 12 13 The Orange County Board of Commissioners and the Orange County Planning Board 14 met for a Quarterly Public Hearing continuation meeting on Monday, February 23, 2009 at 7:30 15 p.m. at the Central Orange Senior Center in Hillsborough, NC. 16 17 COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners 18 Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve 19 Yuhasz 20 COUNTY COMMISSIONERS ABSENT: 21 COUNTY ATTORNEY PRESENT: Geof Gledhill 22 COUNTY STAFF PRESENT: Assistant County Manager Willie Best and Deputy Clerk to 23 the Board David Hunt (All other staff members will be identified appropriately below) 24 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford, Vice -Chair Jay 25 Bryan, Mary Bobbitt- Cooke, Judith Wegner, Rachel Phelps Hawkins, Dr. Larry Wright, and Mark 26 Marcoplos 27 PLANNING BOARD MEMBERS ABSENT: Jeffrey L. Schmitt, Joel Forrest Knight, ll, 28 Samantha Cabe, Tommy McNeill, and Nathan Chambers 29 31 32 C. PUBLIC HEARING ITEMS 33 34 35 2. Zoning Ordinance Amendment: To receive public comment on proposed amendments to 36 Article 2, Sections 2.2.14.3 through 2.2.14.9, of the Zoning Ordinance clarifying the procedures 37 and requirements for amendments to the adopted Comprehensive Plan. 38 Special Projects Planner Shannon Berry made this presentation. 39 40 PowerPoint presentation for item C -2 41 42 Zoning Ordinance Amendments — Article 2 43 Clarification of procedures and notification requirements for amendments to the 44 Comprehensive Plan 45 The proposed amendments to Article 2 address Comprehensive Plan (text & map) amendments 46 only 47 Comprehensive Plan 48 —Text Amendments 2 1 —Land Use Plan (Map) Amendments 2 3 Zoning Ordinance 4 —Text Amendments 5 — Zoning Atlas (map) Amendments 6 N.C. General Statutes 7 North Carolina law does not provide guidelines or procedures for the adoption or amendment 8 of comprehensive plans 9 Orange County Zoning Ordinance 10 •Article 2- Sections 2.2.12 through 2.2.14.3 address the Comprehensive Plan specifically 11 02.2.12 Comprehensive Plan, Intent 12 ■2.2.13 Comprehensive Plan Adoption 13 02.2.14 Amendment of Adopted Comprehensive Plan 14 ■2.2.14.1 Initiation of Amendments 15 02.2.14.2 Classification of Amendments 16 02.2.14.3 Consideration of Amendments 17 2.2.14.3 Consideration of Amendments 18 "Except as noted herein, the submission and consideration of applications for proposed 19 amendments to the Comprehensive Plan or portion thereof shall be governed by the procedures 20 contained in Article 20 of this Ordinance." 21 22 Article 20. Amendments 23 *Article 20 deals specifically with amendments to the Zoning Ordinance and provides detailed 24 procedures and requirements for processing amendments to the Zoning Ordinance 25 26 *The only references to the Comprehensive Plan are in regard to the Zoning Ordinance's 27 consistency with the Comprehensive Plan 28 29 Proposed Amendments to Article 2 - Intent 30 •Establish clear and concise procedures and notification requirements for applications for 31 amendments to the adopted Comprehensive Plan 32 — Submittal requirements for Comprehensive Plan amendments 33 — Notification requirements, including newspaper advertisements, mailed notices, and posting of 34 the affected property 35 — Processes, including, but not limited to; timing of notifications and public hearings; Planning 36 Board, BOCC, and staff actions; and applicant options 37 •Logical placement of specific procedures and requirements for Comprehensive Plan 38 amendments within the Zoning Ordinance 39 — Article 2 addresses the Comprehensive Plan, while Article 20 deals with Zoning Ordinance 40 amendments only 41 — Easier to follow and understand procedures and requirements; simplify 42 43 Key Points 44 *Procedures and requirements for Comprehensive Plan amendments clearly articulated in 45 Article 2 3 1 — references to Article 20 removed 2 3 *For County initiated amendments to the Land Use Plan (Map), a rezoning for the same 4 property may be considered at the same public hearing 5 6 Recommendation 7 *Receive the proposed amendments to Article 2 8 *Conduct the public hearing to solicit and consider public input 9 *Forward the item to the Planning Board for review and comment with a request a 10 recommendation be submitted back to the BOCC in time for the April 21, 2009 meeting 11 •Adjourn the public hearing until April 21, 2009 to receive the Planning Board recommendation 12 and any written comments submitted 13 14 Commissioner Yuhasz asked about the current cost for an application fee and Craig 15 Benedict said that there is a base rate plus an acreage fee. The fee is $2,500 for a land use 16 plan amendment. 17 Commissioner Yuhasz asked about an advisory board making a text amendment. Craig 18 Benedict said that this would be approved by the County Commissioners. The fee would come 19 into effect if it was not a County initiative. 20 Commissioner Yuhasz made reference to Section 2.2.14.6 and the submission of oral 21 evidence to the Planning Board. He said that this makes the Planning Board meetings a 22 second public hearing, and he does not think that this is wise. 23 Craig Benedict said that this public would stay open until it is closed in April. 24 Commissioner Yuhasz said that he is concerned that the requirements of this prohibit 25 reapplication for a one -year period after denial. 26 Commissioner Gordon made reference to page 11, 2.2.14.3 and the last paragraph and 27 said that this would give County- initiated amendments a different status. She said that the 28 County amendments should be treated the same as others. She noted several places where 29 there were differences. 30 Commissioner Jacobs said that at the beginning with the Board of County 31 Commissioners' responsibilities should be to provide direction to the Planning Board. 32 Commissioner Jacobs made reference to the Annual Report on page 6 and said that the 33 County Commissioners have supposedly been getting annual reports about subdivision activity 34 in Orange County. He does not recall seeing these recently. He challenged staff to have a 35 master list of annual reports that have been promised. 36 Commissioner Jacobs made reference to page 10, 2.2.14.2, Creation of New Activity 37 Nodes. He asked about the size of the current activity nodes. Craig Benedict said that an 38 activity node now is 200 -300 acres. Ten acres would be very minor in comparison. 39 Commissioner Jacobs agreed with Commissioner Gordon that the County should not be 40 treated differently than members of the public as far as making application. 41 Commissioner Jacobs made reference to the notice in the newspaper and said that the 42 dense text does not communicate very well to the public. He suggested discussing this and 43 coming up with a better way to communicate with the public on these issues. 44 Commissioner Jacobs said that he is pleased that there can be oral evidence at 45 Planning Board meetings. 46 Commissioner Jacobs made reference to 2.4.2 on page 20 and said that he would like to 47 add a legal department and Environment and Resource Conservation to the Development 48 Advisory Committee. (a 4 1 Jay Bryan said that there needs to be consideration of another approach regarding the 2 Comprehensive Plan. He would hate to see minimal changes coming in piece meal without 3 notifying the people (i.e., boards and organizations) that have been involved in it. He suggested 4 thinking of a way for a certain volume of amendments to be grouped together and that the 5 notification process goes out to all of the boards and groups involved. 6 Judith Wegner made reference to page 10 and the purposes for possible amendments 7 and said that there would probably be other reasons for amendments. She made reference to 8 2.2.14.6 and 2.2.14.7 and said that she agrees with having the oral evidence presented. 9 10 A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to 11 forward the proposed amendments to the Planning Board for review and comment with a 12 request that a recommendation be submitted back to the BOCC in time for the April 21, 2009 13 BOCC meeting and adjourn the public hearing until April 21, 2009 to receive the Planning Board 14 recommendation and any submitted written comments. 15 VOTE: UNANIMOUS 16 17 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 18 19 Valerie Foushee, Chair 20 21 Donna S. Baker, CMC 22 Clerk to the Board 13 Atts ell mPnt 6 j� 1 Excerpt From Approved 03/04/09 Planning Board Minutes 2 3 4 MINUTES 5 ORANGE COUNTY PLANNING BOARD 6 MARCH 4, 2009 7 REGULAR MEETING 8 9 MEMBERS PRESENT: Brian Crawford, Eno Township At -Large (Chair); Jay Bryan, Chapel Hill Representative (Vice- Chair); Mary 10 Bobbitt- Cooke, Cheeks Township Representative; Samantha Cabe, Chapel Hill Township At- Large; Nathan Chambers, Cheeks 11 Township At- Large; Rachel Phelps Hawkins, Hillsborough Representative; Tommy McNeill, Eno Township Representative; 12 Jeffrey Schmitt, Cedar Grove Township; Judith Wegner, Bingham Township; Larry Wright, Cedar Grove Township At -Large 13 14 MEMBERS ABSENT: Joel Forrest Knight, Little River Representative; Mark Marcoplos; Bingham Township At -Large 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Robert Davis, Planner III; Michael Harvey, Zoning Enforcement Officer; 17 Perdita Holtz, Planning Systems Coordinator; Shannon Berry, Special Project Planner; Glenn Bowles, Planner ll; Tom Altied, 18 Comprehensive Planning Supervisor; Tina Love, Administrative Assistant II 19 20 OTHERS PRESENT: 21 23 24 AGENDA ITEM 10: ZONING ORDINANCE AMENDMENT: NOTIFICATION REQUIREMENTS FOR COMPREHENSIVE PLAN AMENDMENTS 25 To consider a recommendation to the BOCC regarding this item heard at the February 23, 2009 26 Quarterly Public Hearing 27 Presenter: Shannon Berry, Planner II 28 29 (Staff handed out a table with the heading "Proposed Notification Requirements- Presented at QPH- Revised ") 30 31 Shannon Berry: Reviewed Abstract. 32 33 PURPOSE: To make a recommendation to the BOCC regarding proposed amendments to Article 2 of the Zoning Ordinance to 34 clarify the language and clearly articulate the procedures for amendments to the adopted Comprehensive Plan. 35 36 BACKGROUND: 37 The County adopted the Comprehensive Plan update the latter part of 2008. Following the plan adoption, implementation 38 begins, which may include amendments to the Land Use Plan (map and text). 39 At this time, the processes and requirements for amending the Comprehensive Plan are outlined in the adopted Zoning 40 Ordinance. While the procedures have been in place for a significant period of time, the current language is vague, leaving the 41 processes open for interpretation. Historically, there have been only limited amendments to the previously adopted plan. 42 However, prior to anticipated various amendments to the Land Use Plan to implement the recommendations contained in small 43 area plans, it is beneficial to more clearly define the procedures for these amendments, ensuring transparency and public input 44 during the processes. The State does not have minimum requirements for comprehensive plan amendments. 45 Article 2 of the Zoning Ordinance is included in its entirety in Attachment 1 with the proposed amendments in "Track Changes" 46 format for reference and context; however, only Sections 2.2.14.3 through 2.2.14.9 are proposed for amendments and were 47 advertised for public hearing. Proposed amendments to other sections of the Article would have to be brought forward as a 48 separate action at a later date. 49 The proposed amendments to Article 2, Sections 2.2.14.3 through 2.2.14.9 of the Zoning Ordinance clearly define the specific 50 procedures and notification requirements for amendments to the adopted Comprehensive Plan. As proposed, the new language 51 provides clear and concise instructions for the application for and processing of Comprehensive Plan amendments, not currently 52 included in the ordinance. 53 54 FEBRUARY 23, 2009 QUARTERLY PUBLIC HEARING 55 This item was heard at the February 23, 2009 Quarterly Public Hearing. While there were no comments made by the public, 56 members of the BOCC and Planning Board provided comments on the proposed amendments. Commissioners expressed their 57 desire to have County initiated Comprehensive Plan amendments be processed in the same manner as non - County initiated 58 amendments. In addition, some stated their preference that Comprehensive Plan amendments and rezonings of the same 1 15 59 property be heard separately, at different public hearings, allowing the public time to fully comprehend the two processes and 60 proceedings. The BOCC voted to refer this item to the Planning Board for its review and recommendation to be returned to the 61 County Board of Commissioners no later than April 21, 2009. 62 BOCC suggestions that could not be incorporated with this amendment process, due to legal notice limitations will be held for 63 future consideration. 64 In consideration of the comments made at the Quarterly Public Hearing, staff has modified the proposed amendments to Article 65 2, Sections 2.2.14.3 through 2.2.14.9. The new revisions are shown is underline 1 strike - through format in Attachment 1, with 66 new additions shown in blue and new deletions shown in green. 67 Staffs rationale for some of the original and post Quarterly Public Hearing amendments is noted in Attachment 3. 68 69 FINANCIAL IMPACT: There are no financial impacts associated with adopting the proposed amendments. Staff time and the 70 legal advertisements have been accounted for in the departmental budget. Depending on the outcome of clarifications, future 71 costs for notifications could change. Notifications, as proposed, include newspaper legal advertisements at least twice prior to 72 the public hearing, as well as mailings, and posting affected properties. As illustrated by the example shown in Attachment 3, the 73 proposed amendments could have a significant impact on the budget. Processing a large -scale Comprehensive Plan 74 amendment could have upwards of $6,000 in costs for notifications for one project. By processing Zoning amendments at the 75 same public hearing, another $6,000 outlay could be avoided. Additionally, annual work plans could include 5 or more large - 76 scale projects per year. 77 78 RECOMMENDATION(S): The Zoning Officer recommends the Planning Board review the proposed amendments to Article 2 of 79 the Zoning Ordinance and make a recommendation back to the BOCC in time for the agenda deadlines set for the April 21, 2009 80 BOCC meeting. 81 82 Larry Wright: How is the "affected property owners" defined? Tuscany Ridge comes to mind. It was brought to the planning 83 board and planning board asked staff if the people were notified and they said yes. It was approved by the planning board and 84 went to the Board of County Commissioners and the residents did not know about it. Signs were brought before the planning 85 board and there was a lot of discussion about a prominent sign for people to see. From what I understand, 500 feet was 86 something they wanted defined so people would be notified that were adjacent to that property. And the ten days, if someone is 87 away for a week on vacation, they have two days to do something. Regarding Tuscany Ridge, that planning board spent a lot of 88 time trying to work on the resident's behalf so a Tuscany Ridge would not happen again. 89 90 Craig Benedict: Tuscany Ridge is a subdivision approved four or five years ago. The process for notification is within our 91 subdivision ordinance that requires neighborhood information meeting and a 500 foot distance beyond the boundary of the area 92 being subdivide. That will stay intact separate than this. Any subdivision that comes forward, I know the planning board 93 deliberated whether a 1,000 foot requirement would be better than a 500 foot requirement. They have pre - approved the sign 94 that goes into the field on what it looks like. 95 96 Larry Wright: Are we entertaining Section 2.2.14.6? 97 98 Perdita Holtz: Yes. 99 100 Larry Wright: In the second paragraph, it defines how many meetings (three) that planning board has to deal with an application. 101 Going back to Buckhorn Village, the applicant was able to change their application throughout the whole process. At the last 102 meeting, that applicant was able to change the application throughout. Staff was making presentations and the board did not 103 have a chance to discuss it over half the meetings. The board had to ask and makg a motion that they wanted to have control of 104 the meeting and have it board directed. A big project like Buckhom will come to this board. Does the board want to be a rubber 105 stamp? I believe that after three months, we had to send it back to the Board of County Commissioners because there was not 106 ample information to us. We need to think about what is in here. If we are going to be restricted as a planning board, then why 107 an applicant can be modifying that application up to the last meeting that is our deadline and present us with 110 changes and 108 look at them one by one and vote on them. 1 think staff has an obligation. Mr. Benedict talked about a problem with the process. 109 1 think this only makes the problem worse. Staff should have an obligation to the planning board, the applicant should present 110 their application and if we are given a deadline then the application should come to the board and that should be sufficient to 111 carry through for board decision and not have it modified over and over. 112 113 Brian Crawford: Larry, are you saying that amendments to the Comprehensive Plan will be as involved as the process of 114 Buckhom or a similar subdivision? 115 N 10 116 Larry Wright: I think what we are dealing with should accommodate something as complex, something similar to Buckhorn and 1 117 don't think it does. 118 119 Shannon Berry: The procedures here only address the Comprehensive Plan. They don't address amendments to the Zoning 120 Ordinance for a rezoning or a Special Use Permit or Planned Development. Buckhom Village does not fall under this review 121 process. 122 123 Larry Wright: We still have a three meeting limit. 124 125 Shannon Berry: Only for the Comprehensive Plan Amendment applications. 126 127 Jeffrey Schmitt: What is it that you wanted to change? 128 129 Larry Wright: I am fine. 130 131 MOTION made by Mary Bobbitt-Cooke to approve. Seconded by Judith Wegner. 132 VOTE: (Larry Wright opposed) 133 134 a Attachment 1 Proposed amendments in UNDERLINE (proposed addition) — STRIKETHROUGH (proposed deletion) format KEY Red Text — added prior to QPH Blue text — added after QPH next — deleted after QPH NOTE: amendments are shown on pages 11 through 14. ARTICLE 2 THE BOARD OF COUNTY COMMISSIONERS AND ITS ADMINISTRATIVE MECHANISMS 2.1 The Board of County Commissioners 2.1.1 Board of Commissioners Responsibilities The Orange County Board of Commissioners have the following responsibilities in relation to this ordinance: a) Hear and decide applications for amendments to the text, schedules and map portions of this ordinance. b) Hear and decide applications for the approval of Special Uses which are noted in the Schedule of Permitted Uses as requiring approval of the Board of Commissioners. c) Establish Rules of Procedure for the conduct of hearings and other proceedings before the Board of Commissioners in exercising responsibilities a) and b) above. d) Make the necessary appointments to the Planning Board and Board of Adjustment. e) Provide by appropriation, funds for the administration of this ordinance. 2.1.2 Procedure On Amendments To This Ordinance Amendments to this ordinance shall be processed in accord with the provisions of Article 20 Amendments and the Rules of Procedure of the Board of Commissioners and the Planning Board. The Board of Commissioners, in exercising this power, are bound by the State enabling legislation, the terms of this ordinance and applicable court decisions in carrying out its legislative function. 1 2.1.3 Procedure On Application For Approval Of Special Uses The Board of Commissioners, when considering applications for approval of Special Uses, sits in a quasi - judicial capacity and shall be bound by the same requirements as the Board of Adjustment acting on similar matters. Particularly, the Board of Commissioners shall make its decisions based on substantial evidence contained in its record of proceedings and shall be bound by the general and specific standards and requirements of the particular Special Use as contained in Article 8. 2.1.4 Appeal of Board of County Commissioners Action Amended 2 -7 -83 Every decision concerning a Class A Special Use Permit shall be subject to review at the instance of any aggrieved party by the Superior Court by proceedings in the nature of certiorari. The appeal to the Superior Court must be filed within 30 days of the filing of the decision of the Board by the Planning Director in his office or the delivery of the notice of the decision to the applicant, whichever is later. Appeal of decisions by the Board since the.adoption of the Zoning Ordinance on September 2, 1981 shall be made within 30 days of the adoption of this amendment. 2.2 Planning Board 2.2.1 Intent The Orange County Board of Commissioners under the authority of Chapter 153A, Article 18, Part 1 of the General Statutes of North Carolina, as amended for the purposes and advantages described herein intends to create a County Planning Board and embark upon a continuing planning program, including but not limited to the preparation and maintenance of a Comprehensive Plan for Orange County, in protection of the public health, safety, and general welfare of present and future residents, landowners and visitors. In establishing the Planning Board and its program, the Board of Commissioners intends that the Planning Board be guided by the following principals: The Comprehensive Plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated, and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety and the general welfare, as well as efficiency in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of populations, the promotion of good civic design, wise and efficient expenditure of public funds, and adequate provision of public 2 2.2.2 2.2.3 2.2.4 Amended 3 -18 -86 8 -4 -97 2.2.5 2.2.6 utilities, services, and other public requirements, and conservation of significant natural and man -made resources within the County. Establishment There is established the Orange County Planning Board, hereafter called "The Board ", to consist of at least twelve members. Members shall serve without compensation, but they may be reimbursed for incidental expenses incurred in connection with official duties. Qualifications Every member of the Board shall be a resident of Orange County. Each Township within the County shall be represented in the membership of the Board by at least one resident. Tenure a. The tenure of office shall be three (3) years. Members are eligible for reappointment for a second consecutive full-term, subject to the exclusion provided in 2.2.4c. After two consecutive terms a member shall be ineligible for reappointment for one year after the expiration of the previous terms. b. Appointments shall be made so that one -third of the terms expire in March of each calendar year. C. Appointments made to fill vacancies shall be for the unexpired term and shall not be counted as a term in determining eligibility for reappointment. d. Attendance at the regular meetings of the Board shall be considered a prerequisite for maintenance of membership on the Planning Board. The Board of County Commissioners may declare a vacancy on the Planning Board because of a member's non - attendance. e. Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member's status. In the event of long illness or other cause for prolonged absence, the member shall be replaced. RlfSERVED Rules of Procedure The Board shall recommend rules of procedure for the conduct of its affairs, to be adopted by the Board of County Commissioners. 3 Among other matters the Rules of ProcFedure'shall provide for the office of Chairperson and Vice Chairperson, whose term of office shall be one year, with eligibility for re- election. A quorum for conduct of business of the Board shall be a majority of the appointed members. The Rules of Procedure shall require the Board to meet at least once a month and provide for the calling of special meetings as the need of the Board requires. 2.2.7 Meetings All meetings of the Board shall be open to the public and the Board shall cause notices to be given as required by Article 33 -C, Chapter 143 of the North Carolina Statutes G.S. 143 - 318.11 ET. SEQ., as amended. 2.2.8 Meeting Minutes The Board shall cause minutes of its meetings to be maintained as a permanent public record. Such minutes shall record the attendance of its members, its findings, recommendations, and a summary of information, data and testimony presented to it. 2.2.9 Annual Report The Board shall, by January 31, of each year, submit to the Board of County Commissioners an Annual Report of its activities, during the previous year, any recommendations affecting persons, duties, and fiscal matters as it deems appropriate. 2.2.10 General Powers and Duties As provided for in 153A -321 of the General Statutes of North Carolina, as amended, the Planning Board shall have the following Powers and Duties: a) Make studies of Orange County and surrounding areas; b) Determine objectives to be sought in the development of Orange County; - -- c)- Propose and recommend plans for achieving these objectives, -- -- - d) Develop and recommend to the Board of Commissioners policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; 4 e) Advise the Board of Commissioners concerning the use and amendment.of.means for carrying out plans; f) Exercise such functions in the administration and enforcement of various means for carrying out plans as may be assigned by this or other ordinances of the County; g) Perform other related duties as may be assigned by this or other ordinances. 2.2.11 Specific Powers and Duties In furtherance of sub - section 2.2.10 the Planning Board is authorized and directed to: a) Gather maps and aerial photographs of man -made and natural physical features of the area, statistics on past trends and present conditions with respect to populations, property values, the economic base of the area, land use, and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in Orange County and its various parts as background for its Comprehensive Plan and any ordinances it may prepare. b) Make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities, public and private utilities, traffic, transportation, parking facilities; environmentally critical areas and important natural resources; all county officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work; c) Approve and recommend for adoption by the Board of Commissioners a Comprehensive Plan for the development of the County, as well as amendments hereto; d) Consider for approval, approval with modification or disapproval proposed plats of subdivisions as specified in the Orange County Subdivision Regulations; e) To make recommendations, upon referral, on all proposed amendments to this ordinance in-accord with Article 20. f) Make recommendations to the Board of Commissioners and the Board of Adjustment, as appropriate, on applications for approval of Planned Developments and Special Uses in accord with Articles 7 and 8; 5 g) Prepare and recommend to the Board of Commissioners new -ordinance or amendments to existing ordinances which will have the effect of implementing the Comprehensive Plan; h) Engage in a program of information dissemination to the public and officials; i) Recommend to the Board of County Commissioners the establishment and /or continuation of Township Advisory Councils. Cooperate with these Councils to the end that Planning Board investigations and plans may receive fullest consideration. j) Establish advisory committees to assist it in its functions; k) Perform all necessary actions in support of its duties and powers. *2.2.12 Comprehensive Plan. Intent *Amended 4 -4 -88 The Comprehensive Plan shall constitute an internally consistent and compatible - statement of policies for the long -term, physical development of that portion of Orange County under County jurisdiction. The Comprehensive Plan shall consist of a statement of development policies and shall include maps and text setting forth objectives, principles, standards and plan proposals for physical development. The Comprehensive Plan shall be comprised of the following individual elements: a) A land use element which designates the general distribution, location, and extent of the uses of land for housing, business, industry, open space, education, public buildings and grounds, and other categories of public and private uses. b) A transportation element which identifies the general location and extent of existing and proposed major highways, scenic roads, railroads, transit routes and facilities, bikeways and pedestrian facilities, airports, and other public and private transportation facilities. c) A housing element which contains an evaluation of housing problems and sets forth a program to alleviate unmet needs, including standards and plans for the improvement of housing and - -the - provision of adequate--sites for housing. - - d) An open space element which identifies the location and extent of existing and proposed open space for the preservation of natural resources, the managed production of resources, outdoor recreation, and public health and safety. M e) A recreation element which designates a system of areas and public sites for recreation, "including parks and la rounds, P, Yg recreational trails, and other similar areas. f) An economic development element which contains an analysis of the local economy and projections of future economic activity. The economic development element may also identify existing and proposed sites for new and expanding businesses and industries, and the facilities needed to serve them. g) A services and facilities element which identifies existing and proposed service areas and improvements for water, sewer, refuse disposal, education, emergency services, and other utilities and service facilities. h) Such additional elements dealing with other subjects which in the judgment of the Board of Commissioners relate to the physical development of the County. Such elements may include, but not be limited to, the subjects of historic preservation, community or rural design, growth management, etc. As part of the Comprehensive Plan, area plans may be prepared which focus on a portion of the County such as a township, a watershed or an interstate highway interchange. Likewise, technical information and /or task force reports prepared as part of a plan element or an area plan may be incorporated as part of the appendix of or as a supplement to the Comprehensive Plan. In preparation and adoption of a plan element, area plan or other similar document, the Board of Commissioners shall ever be mindful of the need to balance the public interest with the needs of private interests, particularly in the conservation of surface and underground water resources, soil resources, and natural growth resources of the county and the efficient use of the renewable and non - renewable sources of energy. *2.2.13 Comprehensive Plan Adoption *Amended 4 -4 -88 The Comprehensive Plan shall be so prepared that all or individual elements and parts thereof may be adopted by the Board of Commissioners. The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or portion thereof from the Planning Board, shall consider such recommendations and adopt them by resolution, either unchanged or with modifications. Prior to adoption of the Comprehensive Plan or portion thereof, the Board of Commissioners shall hold a public hearing thereon. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in Orange County, stating the time and place of such hearing, and the substance of the proposed plan. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five days before the date set for the public hearing. *2.2.14 Amendment of Adopted Comprehensive Plan *Amended 4 -4 -88 For the purpose of establishing and maintaining sound, stable, and desirable development within Orange County, the Comprehensive Plan or portion thereof shall not be amended except as follows: a) Because of changed or changing conditions in a particular area or areas of the County; b) To correct an error or omission; or c) In response to a change in the policies, objectives, principles or standards governing the physical development of the County. 2.2.14.1 Initiation of Amendments An amendment to the Comprehensive Plan or portion thereof may be initiated by: a) The Board of Commissioners on its own motion; b) The Planning Board; or c) Application, by any person or agency, which accurately and completely sets forth the reason(s) for the proposed amendment as prescribed in Article 2.2.14 above. 2.2.14.2 Classification of Amendments. Amendments to the Comprehensive Plan or portion thereof are classified as "principal' or "secondary" amendments. Principal amendments include: a) Additions to or modifications of policies, objectives, principles or standards; b) The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or c) Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres in land area. N. Secondary amendments include: a) The expansion of an activity node where the additional area is contiguous to an existing node and does not increase its land area by more than ten (10) acres; b) The expansion of a designated plan area where the additional area is contiguous to the existing plan designation and does not increase its land area by more than one hundred (100) acres; c) A correction of an error or omission; or d) Revisions to any factual or descriptive material *2.2.14.3 Consideration of Amendments *Amended 8/3/82 OFd4naRGe. Principal amendments shall generally only be considered once each year at the quarterly public hearing in February; provided, however, if a principal amendment is scheduled by the Board of Commissioners for other than the February public hearing, it shall be scheduled during one of the quarterly public hearings held in May, August, and November. Secondary amendments may be considered four (4) times each year at the quarterly joint public hearings in February, May, August, and November. Ne A proposed amendment is-te may be considered in conjunction with a rezoning, planned developMORt OF SpeGial use Pe request for the same property if the requests are in compliance with an adopted small area plan. For amendments hit gm, Requests for a rezoning not in compliance with an adopted small area plan, planned development and /or special use permit may only be considered at subsequent hearings or meetings following approval of the proposed amendment to the Comprehensive Plan. 2.2.14.4 Application for Amendment to Adopted Comprehensive Plan All applications for amendments to the Comprehensive Plan shall be in writing and signed. Three copies shall be filed with the Planning Director. Before accepting any amendment application the Planning Director shall ensure that it contains all required information as specified in this ordinance. Applications which are not complete or otherwise do not comply with the provisions of this ordinance shall not be accepted by the OJ Planning Director, but shall be returned to the applicant with a notation by the Planning Director of the deficiencies in the application. Contents of Application Applications for amendments to the Comprehensive Plan without limiting the right to file additional material shall contain at least the following: a) For amendments to the Land Use Plan (map) within the Land Use Element a fully dimensioned map adequately illustrating the land which would be covered by the proposed map amendment and a complete list of Property Identification Numbers (PIN) for the properties; b) For amendments to the Comprehensive Plan text a copy of the existing text provision(s) which the applicant proposes for amendment and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Article; C) All other circumstances factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. The Planning Director shall cause an analysis to be made of the application and based upon that analysis prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. 2.2.14.5 Public Hearing and Notice Thereof The Board of County Commissioners and the Planning Board shall hear applications for amendments to the Comprehensive Plan in a joint public hearing. Notice of the public hearinq shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment This notice shall appear in said newspaper for two consecutive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five (25) days before the date set for the public hearing In computing the notice period the day of publication is not to be included but the day of the hearing is to be included. The minimum published size of the notice shall be 25 square inches. In the case of amendments to the Land Use Plan (map), the Plannin Director, or their designee shall prominently post a notice of the public hearing on the site proposed for the land use change or on an adjacent public street or highway right -of -way not less than 10 days before the date set for the public hearing When multiple parcels are included within a 10 Proposed Land Use Plan amendment a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons In the case of amendments to the Land Use Plan (map) written notice of the application shall be sent by first -class mail to all property owners as listed in the Orange County tax records, whose property is affected by Proposed amendment. -p pwte , Said notice shall be mailed at least 14 days, but not more than 25 days prior to the date of the public hearing 2.2.14.6 Action Subsequent to the Date of Public Hearing Following the date of the public hearing all proposed amendments shall be referred to the Planning Board for its consideration and recommendation. Evidence not presented at the joint public hearing (hereinafter called "new evidence" ) may be submitted in writing at or prior to the first Planning Board meeting at which the application is reviewed The Planning Board may consider oral evidence only if it is for the purpose of presenting information also submitted in writing_ The Planning Board shall, after the date of the public hearing prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of any application. The Board of County Commissioners may direct the Planning Board to provide a recommendation by a date certain. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings If the Planning Board fails to make a recommendation as directed by the Board of County Commissioners or within three regularly scheduled Planning Board meetings, whichever is applicable, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. The Board of County Commissioners shall not consider enactment of the proposed amendment until the Planning Board either makes its recommendation or takes no action on the application as prescribed in this section. In making its decision, the Board of Commissioners shall consider all relevant evidence presented at the joint public hearing and any new evidence which was considered by the Planning Board in making its recommendation. 2.2.14.7 Withdrawal of Application An applicant may withdraw his or her application at any time by written notice to the County Manager. However, any withdrawal of an application 11 after the publication of the first notice as required in Section 2.2.14.5 of this ordinance shall be considered a denial of the petition. 2.2.14.8 Effect of Denial When the Board of County Commissioners denies an application or an application is withdrawn after the first notice of the public hearing and thereby denied the Planning Director shall not accept another application for the same or similar amendment affecting the same property or a portion thereof, until the expiration of a one year period, extending from the date of denial or withdrawal, as appropriate. 2.2.14.9 Fees Fees for filing applications for amendments to the adopted Comprehensive Plan shall be in accordance with the adopted fee schedule. 2.2.15 Plannina Department To Act As Staff To Planning Board The Director of Planning, under the direction of the County Manager, shall provide staff service of the Planning Department to assist the Planning Board in carrying out its duties. 2.3 Board of Adjustment 2.3.1 Board of Adjustment, Establishment Of 2.3.1.1 A Board of Adjustment is hereby established. It shall consist of five members, and two alternates, all of who shall be residents of Orange County's Planning Jurisdiction. One of the regular members shall be a member of the Orange County Planning Board, ex officio, who shall have full rights, privileges and responsibilities. 2.3.1.2 The members shall be appointed by the Board of Commissioners for terms of three years, and until their respective successors have been appointed and qualified; provided that the terms of the original members may be staggered so that all terms may not expire simultaneously. Each appointment to fill a vacancy shall be for the unexpired term. 2.3.1.3 A member may be appointed for a second successive term, but after two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completion of the second term. 12 2.3.1.4 Members shall serve without compensation, but shall be reimbursed for direct expenses incurred in connection with the discharge of their duties. 2.3.1.5 Alternate members may vote only in the absence of regular members. 2.3.2 Powers of Board The Board of Adjustment shall have the following powers: a) Hear, review, and decide appeals from and review any order requirement, decision, determination made by the Planning Director in the performance of official duties. b) Hear and decide applications for the approval of those Special Uses requiring Board of Adjustment approval, in accordance with the rules and conditions laid down in this ordinance. c) Hear and decide appeals for variances from the dimensional regulations of this ordinance in accordance with Subsection 2.3.5. Nothing in this ordinance shall be construed to authorize the Board of Adjustment to permit a use in a district where that use is neither a Permitted Use nor a Special Use. d) Pass upon, decide or determine such other matters as may be required by this ordinance. 2.3.3 Board of Adjustment Administration 2.3.3.1 The Board shall adopt Rules of Procedure and Regulations for the conduct of its affairs. *2.3.3.2 *Amended 4/2/90 All meetings of the Board shall be conducted in compliance with the North Carolina Open Meetings Law, North Carolina General Statutes G.S. 143.318.9 et seq. The Board shall give notice of its meetings also as provided in the Open Meetings Law. Notice shall be given to Board of Adjustment members as provided in the Rules of Procedure adopted by the Board. 2.3.3.3 The Board shall keep a record of its meetings, including the vote of each member on every question, a complete summary of the evidence :p itte _# . t,- ,ag r�ents submitted to it a all official actions.. 13 *2.3.3.4 *Amended 2/9/83 7/2/84 7/6/87 10/17/89 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten (10) days nor more than twenty - five (25) days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The Planning Director shall also post on the applicants affected property .a notice of the Board meeting at least ten (10) days prior to the meeting date. In the case of an expedited appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and /or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. 2.3.3.5 The person acting as Chair of the Board is authorized to administer oaths to any witnesses on any matter coming before the Board. 2.3.3.6 Applications for Special Use approvals, applications for variances and appeals for review of decisions of the Planning Director's interpretations shall be filed with the Planning Director as agent for the Board. Applications and appeals shall be submitted on forms provided by the Planning Director. 2.3.3.7 Amended 10/17/89 3/14/00 It shall be the responsibility of the Planning Director to notify the parties to the applications or appeal of the disposition which the Board made of the matter. This notice shall be made by registered or certified mail within five working days of the Board's actions. The Planning Director shall simultaneously keep on file a copy of the Board's action. The Board shall act on all applications before it. 14 The Board shall act on any appeal of a Stop Work Order issued by the Planning Director at its next regularly scheduled meeting. F: 2.3.3.8 It shall be the responsibility of the Planning Director to issue permits in accord with the Board's action on an appeal or application, if a permit is authorized by the Board's actions. 2.3.3.9 The Planning Director shall see to the faithful execution of all portions of the Board's actions, including the enforcement of all conditions which may have been attached to the granting of a variance or approval of a Special Use. 2.3.4 Quorum and Vote Required 2.3.4.1 A quorum of the Board, necessary to conduct any business of the Board shall, consist of four members. 2.3.4.2 The concurring vote of four of the members of the Board shall be necessary in order: a) To reverse any order, requirement, decision or determination of any administrative official charged with enforcement of this ordinance, or b) To decide in favor of the applicant any matter upon which it is required to pass by this ordinance, or c) To effect any variation in this ordinance. 2.3.4.3 A simple majority of those present shall be necessary to conduct routine business of the Board. 2.3.5 Application Of The Special Use Power The application of the Special Use Power shall be as set forth in Article 8. 2.3.6 Application Of The Variance Power 2.3.6.1 A variance may be allowed only by the Board of Adjustment in cases involving practical difficulties or unnecessary hardships, when substantial evidence in the official record of the application supports all the following findings. a) That the alleged hardships or practical difficulties are unique and singular as regards to the property of the person requesting the variance and are not those suffered in common with other property similarly located. is b) That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. c) That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. d) That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Comprehensive Plan. e) That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. 2.3.6.2 All of these findings of fact shall be made in the indicated order by the Board of Adjustment, which is not empowered to grant a variance without an affirmative finding of fact shall be supported by substantial evidence in the record of proceedings before the Board. 2.3.6.3 The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. 2.3.6.4 Nothing in this section shall be construed to authorize the Board to permit a use in a district where that use is neither a Permitted Use nor a Special Use. 2.3.7 Application Of Interpretation Power 2.3.7.1 An appeal from an order, requirement, decision or determination of the Planning Director shall be decided by the Board based upon its findings of fact and to achieve the intent of the Ordinance. In exercising this power, the Board shall act in a prudent manner so that the purposes of the ordinance shall be served. The effect of the decision shall not be to vary the terms of the Ordinance nor add to the list of Permitted Uses in the districts. *2.3.7.2 - *Amended 4/1/85 An appeal for an interpretation of a decision, file determination or directive of the Planning Director must be within thirty (30) days after the decision, determination or directive was made by the Planning Director and record of that action filed in the office of the Planning Director. 16 2.3.8 Appeal Stays Further Proceedings An appeal to the Board of Adjustment from a decision or determination of the Planning Director stays all proceedings in furtherance of the decision or determination appealed from, except as provided in 2.3.9. 2.3.9 Exceptions to Stay of Action 2.3.9.1 An appeal to the Board of Adjustment of a determination or decision of the Planning Director shall not stay further proceedings in furtherance of the decision or determination appealed from, if the Planning Director certifies either: a) That in the opinion of the Planning Director a stay would cause imminent peril to life and /or property. b) That the situation appealed from its transitory in nature and, therefore an appeal would seriously interfere with enforcement of the ordinance. 2.3.9.2 In each instance, the Planning Director shall place in the certificate facts to support the conclusion. 2.3.10 Appeals of Board of Adjustment Actions Every decision of the Board shall be subject to review at the instance of any aggrieved party by the Superior Court by proceedings in the nature of certiorari. The appeal to Superior Court must be filed within thirty days of the filing by the Secretary of the Board of the decision in the office of the Planning Director or the delivery by the Planning Director of the notice required in 23.3.7, whichever is later. 2.4 Planning Department 2.4.1 Duties and Responsibilities The Planning Department, an administrative department of the County Government headed by the Planning Director, who is appointed by the County Manager, has the following responsibilities in relation to this ordinance. a) The administration and enforcement of the ordinance. b) The issuance of any required permits and certificates as authorized by this ordinance. c) Administrative, technical and professional support to the Board of County Commissioners, Planning Board, Board of Adjustment and any advisory committee set up hereunder. d) The preparation of written staff reports and recommendations on all proposed amendments to this ordinance, application of approval of 17 2.4.2 Special Uses, applications for all planned developments, applications- of approval of plats, applications for variances and appeals from orders, decisions, determinations and requirements made in enforcing this ordinance. e) Liaison with other County departments, representatives of other local governmental units and units of the State of North Carolina and of the United States. f) The maintenance of data, maps, and other information necessary to discharge of its responsibilities. g) Provide appropriate services to encourage the participation of citizens of Orange County in the discharge of its responsibilities. h) Perform such other duties as may be directed by the Board of County Commissioners. Development Advisory Committee Established There is hereby established a Development Advisory Committee to assist the Planning Department in the execution of its functions. It may consist of representatives from: a) Orange County Planning Department b) Orange County Health Department c) N.C. DOT District d) Town of Chapel Hill e) Town of Carrboro f) Town of Hillsborough g) Town of Mebane h) Orange Water and Sewer Authority; Orange - Alamance Water District i) Public Utilities j) Emergency Services k) Soil Conservation Service 1) Board's of Education; Orange County or Chapel Hill / Carrboro 18 *2.4.2.1 Duties and Responsibilities *Amended 10/17/89 2/19/91 The Development Advisory Committee has the following duties and responsibilities. The Committee shall: a) Review proposed amendments, Planned Developments, Special Uses, rezonings, and subdivisions for the Planning Director on the technical issues raised; and b) Review in cooperation with the Planning Director the relationship between the Comprehensive Plan and this code; and c) Produce, as required, for all County governing bodies and planning boards a report on such amendments, Planned Developments, Special Uses, rezonings, subdivisions or other technical issues that may be referred to the Committee; and d) Render technical advice and recommendations related to this Ordinance and its operation. 2.4.2.2 Development Advisory Committee Meetings The Director of Planning is to convene and chair meetings of the Development Advisory Committee. The minutes of each meeting of the Committee are to be maintained as a separate document in the nature of a public record in the office of the Planning Director. 2.4.2.3 Reports The Development Advisory Committee shall prepare its report on a proposed amendment, Special Use, Planned Development, or subdivision on the basis of the petition, if any, and supporting documentation as well as any public plans, studies, or data. 19