HomeMy WebLinkAboutORD-2000-010 Text Amendments to Subdivision Regulations and Zoning Ordinance (2) ADMINISTRATION PROPOSAL 27
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning
Ordinance and the Subdivision Regulations are hereby amended as follows:
Section 1. Proposed Subdivision Regulation New Language: Amend CONTENTS by re-writing
Section I to read Purpose, Authority, Jurisdiction, Private Property Rights and Applications to
be Processed Expeditiously and inserting a new section I — E. Applications to be Processed
Expeditiously on page 2 of the Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 2. (page 9 — Subdivision Regulations) Determination of Classification
Section III-B-1 (fifth paragraph)
if the subdiyodeF washes to appeal the deeisien ef the Planning DepakmeAt Fe aFding the
elassifieatien ef a subdivisien, he/she FAay appeal sueh deGisien te the Planning BeaFd at its ne)d
r,egulaF meeting. The Planning BeaFd shall haye final appFeyal autheFity FegaFd*ng elassifieatien e
the subdWision. All sueh appeals must be made, in wFiting, within thiFty (30) days ef the deeiGieA e
the Planning DepaFtment. The Planning DepaFtment's deteMinatien of elassifieatien may-be
appealed by filing a majGF subdivision Faquest and fellewing its in Seetien W D
entoded Ap0FGVaj-PFeeedu Fes fGF MakwSubdoynsoens-.
The Planning Beard in all sueh appeals shall make findings ef faet in suppGFt ef its deGiGien and Shall
fy the GubdliyideF iH Wdtiffg., ef its deeisien within ten (10) days afteF Said deeisien is Made.
Section 3. (page 9 — Subdivision Regulations) Concept Plan Submission
Section 111-C-1 (fourth paragraph)
The Planning DepaFtnient shall eemplete its r-eyiew of the Geneept Plan within feuFteen (14) day
submissien by the applioant. One (1) eepy ef the Geneept Plan shall be Fetained by the Plan
DepaFtment, and ene (1) eepy shall be FetUFned to the subdiyideF eF hisiheF al;4149Fized age-PA.
Section 4. (page 11 — Subdivision Regulations) Review and Approval Procedures
Section 111-C-3 (fourth paragraph)
The Planning Department shall notify the applicant of'its action., ineluding any Genditiens attaGh
themte, within feFty We (465) days fellewing aeeeptane F 11 . Mieatien, eF within sueh fuFtheF ti
eensented te by WFitten netiee fFeFn the applioant. if the Planning DepaFtnient fails te FendeF -a
deeisien within the speeified time peFled, eF extensiens theFeef, the applieatien Is appFeyed
submi#ed.
Section 5. (page 12 — Subdivision Regulations) Appeal Procedures
Section III-C-5 (first and second paragraphs)
The decision of the Planning Department regarding a minor subdivision application may be appealed
to the Board of County Commissioners. if appealed, the applieatien shall be plaGed GA the ReXt.
FegulaF meeting agenda of the Planning Be The Board of County Commissioners shall have
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ADMINISTRATION PROPOSAL 28
final approval authority, and, where applicable, all Final Plats shall contain information and/or
conditions approved by the Commissioners.
The Board of County Commissioners in all such appeals shall make findings of fact in support of its
decision. The subdivider shall be notified, in writing, of the Commissioner's decision. within ten 7
10-1
days afteF said deeisien is Fnade.-
Section 6. (page 14 — Subdivision Regulations) Neighborhood Information Meeting
Section III-D-1.d (first paragraph-second sentence)
The Neighborhood Information Meeting (NIM) shall be held within 16 days of aeeeptanee of the
applieatien and netie a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
Section 7. (page 14 — Subdivision Regulations) Planning Department Review Procedures
Section III-D-1-e (first paragraph)
Within thiFty (30) days ef the date ef the NeighbeFheed lnfeFfflatiOn Meeting eF within Sweh ftiFth
Wne eensented te in WitiAl I I I gplieaRt, the The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting. if the Planning DepaFtment faiI6 to pFepar-e a FepeFt to the
Planning BeaFd within the speeified time peFied, OF e)densieR theFeef, the GeReept Plan h
Feeenimended witheut eendifien The Planning Staff shall be allowed to defer the application
and its recommendation for one (1) meeting beyond the Planning Board meeting at which the
application is scheduled to be heard.
Section 8. (page 14a — Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-1-f (fourth paragraph)
The Planning BeaFd shall take aetien within feFty We (46) days ef the meeting in whiGh the Planning
DepaFtment's FepeFt is submitted to it OF Within sueh fuFtheF time eensented te in Witing by
applioant. if the Planning Beard fails te take aetien within the speeified tiffie peFiGd, eF eX4eAGi
theFeef, the Planning BeaFd shall be deemed tO Feeeniniend appFeyal ef the Geneept PI
IDeyelopment eptiens witheut eenditiens. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 9. (page 14a — Subdivision Regulations)Action Subsequent to Approval
Section 111-D-1-g (third paragraph)
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have ene (1) year two (2) years in which to prepare and file an application for
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
Section 10. (page 14a — Subdivision Regulations) Appeal Procedures
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I I
ADMINISTRATION PROPOSAL 29
III-D-1-h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any notice of appeal shall be filed, in writing, with the Planning
Director within 15 days after the date of the Planning Board's decision. If the appeal involves
a plan/map approval, sixteen (16) copies of the plan/map shall be submitted along with the
written appeal. if appealed, the Deyelepment Options shall be plaeed en the next r-egulaF Fneeting
agenda efth,-- Dea-d ef GeMFAi i - The Board of Commissioners shall have final approval
authority, and where applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
Section 11. (page 14c- Subdivision Regulations) Planning Department Review Procedures
Section III-D-2-b (second paragraph)
Within fer-ty We (46) days ef the date of aeeeptanee of the Geneept Plan 9F within sueh fuFtheF t
eensented to in WFiting by the applieant, The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. if the Planning Depar-tment
fails te pFepaFe a FepeFt te the Planning BeaFd within the speeified time peFied, eF extensien theFeef�
the GenGept Plan iG Feeemmended witheut eenditiens. The Planning Staff shall be allowed to defer
the application and development recommendation for one (1) meeting beyond the Planning
Board meeting at which the application is scheduled to be heard.
Section 12. (page 14d - Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-2-c (third paragraph)
The PlaRning BeaFd shall take aetien on the pFepesal within feFty We (46) dayS Of the ffleefiRg at
whieh the PlaFining DepaFtmeRVS FepeFt is submitted te itGF within sueh fuFtheF time eensented in-
WFitiRg by the applieant., if the Planning BeaFd fails te take aetien within the speeified ti ied, e
ex4enspen ther-eef, the Plawiing BeaFd shall be deemed tO Feeemmend appFeyal ef 11 Q it Plan
Deyelepment eptiens witheut eenditiens. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 13. (page 14d - Subdivision Regulations)Action Subsequent to Approval
Section III-D-2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have ef:ie
(4) yea two (2) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void.
Section 14. (page 14d - Subdivision Regulations) Appeal Procedures
Section 111-D-2-e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any notice of appeal shall be filed, in writing, with the Planning Director within
15 days after the date of the Planning Board's decision. If the appeal involves a plan/map
approval, sixteen (16) copies of the plan/map shall be filed along with the written appeal. If
appealed, the Geneept Plan shall be plaeed en the ne)(t FegujaF meeting agenda ef the BeaFd
GeFnFn;sseeneFS. The Board of Commissioners shall have final approval authority, and, where,
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ADMINISTRATION PROPOSAL 30
applicable, all Concept Plans shall contain information and/or conditions approved by the Board of
Commissioners.
Section 15. (page 18— Subdivision Regulations) Planning Department Review Procedures
Section III-D-3-b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation. The FepeFt shall be prepared and submitted to the Planning Beard within eighty
fiye (86) days ef the date ef aeeeptanee of the appliGatiGH OF within sueh time eensented to in WFiti
by the applieant. if the Planning DepaFtment fails te pFepar-e a FepeFt te the Plannang BeaFd within t
*fied time lifflit, OF eAensiens theFeef, the applieation is Feeeffifflended witheUt eeRditiORs. The
Planning Staff shall be allowed to defer the application and its recommendation for one (1)
meeting beyond the Planning Board meeting at which the application is scheduled to be
heard.
Section 16. (page 18 — Subdivision Regulations) Planning Board Review Procedures
Section III-D-3-c (third paragraph)
The Planning Beard shall PFepaFe itS Feeemmendatiens within fer-ty We (46) days ef the meeting at
whieh the Planning Depai:tment'S FepeFt is submitted te it eF WithiA sueh fuFtheF Wne GORSented tG in
WFitiRg by the applieant. if the Planning BeaFd fails te take aetien within the speeified time peded,
ex4ensien theFeef, the Planning BeaFd shall be deemed te Feeemmend appizeyal ef the Geneept P
Deyelepment eptiens witheut eenditiens. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 17. (page 19 — Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section III-D-3-d (first paragraph)
The Board of Commissioners shall receive the Planning Department's report and the Planning
Board's recommendation. within feFty five (46) days of the Planning BeaFd FfleetiAg at whieh the
applieatien is fer-waFded te the Ge i i a.
Section 18. (page 19-20— Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section 111-D-3-d (fourth paragraph)
The Beard ef GemmissieneFs shall take aetien en the pFepesal within feFty We (45) days ef the elese
ef the Geunty GeFnFnm i - naeting at whieh the Planning l3eaFd'G Feeemmendatien is submi
te it eF within sueh fuFtheF ti ited te iR WFitiRg by the applieant. If the BeaFd
GemmossmeneFS fails to take aefien within the speeified time peFied, OF extensions theFeef, the Be
9f GeFRFAiG i y be deemed te appFOye the applieatien without eend#km&.--The application
shall be placed on the Board of County Commissioners agenda within 90 days of the Planning
Board recommendation. The Board of County Commissioners shall consider the application
within a reasonable amount of time. During deliberations and consideration of the
application the Board may include the reasons for the need for additional analysis and review.
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ADMINISTRATION PROPOSAL 31
Section 19. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b third paragraph — second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. within ten (10) days ^ft^F said
dee'si„n i ade
Section 20. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b (fourth paragraph)
The Planning DepaFtment shall take aetien within feFty five (46) days ef the date ef aeoeptanee of tile
Final Plat applioatien eF within sueh fuFtheF time eensented te OR WFiting by the apploeant. If-the
Planning Department fails te take aetien within the speeified time peFied, OF ex4ensien theFeef, the
Planning DepaFtment shall be deemed t8 Feeemmend appFeval ef the applieatien without eanditiens.
Section 21. page 24b — Subdivision Regulations) Appeal Procedures
Section III-D-5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. if appealed, the applieatmen shall be plaGed en the next
fegUlaF meeting agenda The Board of Commissioners shall have
final approval authority, and where applicable, all Final Plats shall contain information and/or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. within ten RG)
days afteF said deeisien is made
Section 22. (page 79 — Subdivision Regulations) Action Subsequent to the Date of Public Hearing
Section VII-D-4 (third paragraph)
The Planning Board shall submit its recommendations, including the reasons for its determination, to
the Board of Commissioners. within seyenty €y days eF-suc-h affiend ^n+^ ha Ye beeA
. 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.
Section 23. Proposed Zoning Ordinance New Language: Amend DETAILED TABLE OF
CONTENTS in the Orange County Zoning Ordinance by adding Section 1.6 entitled Applications to
be Processed Expeditiously and inserting under GENERAL PROVISIONS a new section 1.6
Applications to be Processed Expeditiously on page 1-2 with the following language:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
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ADMINISTRATION PROPOSAL 32
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 24. (page 2-11 —Zoning Ordinance) Board of Adjustment Administration
Section 2.3.3.7 (second and third paragraphs)
The Board shall act on all applications before it. , ,
within sixty days (60) 8f Feeeipt ef the applieatien.
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within fifte ^
(16) days ftem the date ef the Netiee of Appeal. at its next regularly scheduled meeting.
Section 25. (page 3-1 —Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer, or designee, shall be responsible for entering amendments to the Official Zoning
Atlas. Sueh eRtFies shall be Fnade within thFee WOFking days of the date of passage of sueh
Section 26. (Appendix B—Zoning Ordinance (EDD Design Manual)) Approval Procedures/Site Plan
Requirements Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date . in
the Planning and Agricultural Building.
Section 27. (page 8-4 —Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
�S/�e�}c�t�ion 8.4.3 (first and second paragraphs) ,�+'
Within s ^{�eEeip , e8'�Gt^ on all rese pee -s The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon that
analysis, prepare a recommendation for consideration by, in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
Section 28. (page 8-4—Zoning Ordinance) Recommendation Submitted to Planning Board or Board
of Adjustment Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the fiFSt FegUlaF Meeting of the
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, Special Uses. ,
Section 29. (page 8-5 —Zoning Ordinance) Planning Board Action on Class A Special Uses
Section 8.4.6 (first and second paragraphs)
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ADMINISTRATION PROPOSAL 33
The Planning Board, within sixty (60) daye, ef the meeting at whieh the Zening OffieeF's
Feeemmendatien is submitted, shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the 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.
Failure ef the Planning BeaFd te submit a Feeemmendatien within the FeqUiFed tiffle shall
eens*deFed a fayeFable Feeemmendatien, without eenditions.
Section 30. (page 8-6 —Zoning Ordinance) Action Subsequent to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall within seyen (7) days cause notice of the disposition of the application to be
sent by eeFtified U.S. Mail, First Class to the applicant and a copy of the decision to be filed in the
office of the Zoning Officer.
Section 31. (page 20-2 —Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall, within 30 days of the Feeeipt ef aR appileatien to amend the Zoning Atlas,
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.
The 30 day peded Fnay be ex4ended with the WFiften eensent ef the applieant, up te a )f
Sixty (60) days. The 30 day pFeYisien shall not apply to applieatiens feF amendffient te the ZeRing
GFdinanee to
Section 32. Page 20-3—Zoning Ordinance) Referral of Amendment Application to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
fiFSt FegU!aF Fneeting afteF the expiFatien of the 30 day peFied speeified in 20.3.3 eF any extensien
ther-eef. This pFeYisien shall net apply te aRy applieatien feF amendment te the Zoning OFdinanee
text-.
Section 33. (page 20-4 - Zoning Ordinance) Action Subsequent to the Date of Public Hearina
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall within six4y (60) days after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. 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
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ADMINISTRATION PROPOSAL 34'
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.
Said time limit Fnay be extended upen Fequest of the applieant. Amendments initiated by Orange
County shall not be subject to time limitations other than those specified by the Board of County
Commissioners during the public hearing process.
FaiIUFe ef the RaRning BeaFd to submit a Feeemmendatien withiR the FequiFed time shall
WeFed a fayeFable Feeemmendatien, without senditions.
The Board of County Commissioners shall not consider enactment of the proposed amendment Ui##
si* (60) days afteF the first date ef the publie heaFiRg-OF until the Planning Board either makes this
its recommendation or takes no action on the application as prescribed in this section. -;
whieheyeF eemes fiFst.. 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.
Section 34. This ordinance shall become effective upon adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
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35
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Orange County, North Carolina 38
JPA Public Hearing Schedule
For April 12, 2000
JAN FEB MAR APR MAY JUN
Filing Deadline-5:00 PM Jan 26
Accept/Reject by: Jan 31
Agency Review Requests Feb 01
Abstracts Due for BOCC Agenda
Review(Legal Ad Due) Feb 14
BOCC Agenda Review Feb 15
BOCC Approval of Legal Ad
Publication Feb 29
Planning Board(Review) Mar 1
Sign Posting Deadline Mar 24
Adjoining Property Owners'Mailout Mar 24
Legal Ad to Newspapers Mar 24
Publish First Legal Ad Mar 29
PH Abstracts Due Mar 29
Publish Second Legal Ad Apr 5
Copy/Distribute PH Packet Apr 6
Public Hearing @ 7:30 PM Apr 12
Chapel Hill Planning Board
(Recommendation) Apr 18
Carrboro Planning Board
(Recommendation) May 4
Chapel Hill Town Council(Decision) May 8
Carrrboro Board of Aldermen
(Decision) May 9
PB Abstracts Due May 26
Copy/Distribute PB Packet May 31
PB Recommendation (Regular
Meeting) Jun 7
BOCC Abstracts Due Jun 15
BOCC Regular Meeting(Decision) Jun 29
• = Date Changed or Subject to Change
g:/robert/J PAPHAprran00/revl 2fan
39
Orange County, North Carolina
JPA Public Hearing Schedule
For October 2, 2000
JUL AUG SEP OCT NOV DEC
Filing Deadline-5:00 PM Jul 21
Accept/Reject by: Jul 26
Agency Review Requests Jul 28
Abstracts Due for BOCC Agenda
Review(Legal Ad Due) Jul 31
BOCC Agenda Review Aug 1
BOCC Approval of Legal Ad
Publication Aug 15
Planning Board(Review) Sep 6
Sign Posting Deadline Sep 15
Adjoining Property Owners'
Mallout Sep 15
Legal Ad to Newspapers Sep 15
Publish First Legal Ad Sep 20
PH Abstracts Due Sep 20
Copy/Distribute PH Packet Sep 25
Publish Second Legal Ad Sep 27
PUBLIC HEARING a@ 7:30 PM Oct 2
Chapel Hill Planning Board
(Recommendation) -Oct 17
Carrboro Planning Board
(Recommendation) Oct 19*
PB Abstracts Due Oct 23
Camboro Board of Aldermen
(Decision) Oct 24*
Copy/Distribute PB Packet Oct 25
PB Recommendation(Regular
Meeting) Nov 2
Chapel Hill Town Council
(Decision) Nov 13
BOCC Abstracts Due Nov 21
BOCC Regular Meeting
(Decision) Dec 4
* = Date Changed or Subject to Change
40
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once Pla n s
Subdivision
Timeline rocess
(Administration Recommendation)
NUMBER OF DAYS
(First PB meeting) (One month deferral)
STAFF 1-----------45-----------75
(First PB meeting) (One month deferral)
PLANNING 45-----------75------------105
BOARD
NOTE:
1) Planning Board Recommendation has same
timelines as above.
2) Different wording, same as previous regulations.
43
reliminary Pl
IV
■ ■ ■
Subdivision
Timel 'ine Process
(current Process)
NUMBER OF DAYS
(To PB by day:)
STAFF 1-----------85
(Recommendation to BOCC by:)
PB 85----------130
(Decision by:)
BOCC 175-- 220
----------
44
Preliminary P
SubdIVISI
Timeline Process
Administration Recommendation
NUMBER OF DAYS
(To Planning Brd) (I month deferral)
STAFF 1---------55-------85 (Same as current)
(I" PB) (1 month deferral) (I month deferral) (Shorter time)
PB 55-------85---------115
(earliest date) (2nd date) (3`d date)
BOCC 85---------115-------145------->
(90 days to be placed on an agenda)
(Table pending further review)
Planning Board recommends that after the item
is placed on BOCC agenda the decision is to be
made within 60 dates.
!L. Text Amendments to Subdivision Regulations and Zoning Ordinance
Planning Director Craig Benedict made this presentation. He said that the text amendments that are
being addressed in the ordinance refer directly to an item that was on the public hearing agenda on August 23, 1999 and
involve the timeframe in which decisions must be made for both subdivisions and zoning. The original item that was
brought before the public hearing removed all timelines for staff, Planning Board, and the County Commissioners. There
were no deadlines on which decisions would have to be made. Based upon comments made at the public hearing,the
staff sent notices out to the participants of the public hearing and sent additional notices out to another 20 developers and
representatives in the area and met with them in October. Of the 30 notices that were sent out, only three showed up for
discussion about the timelines. The staff then took the information to an ordinance review committee with the Planning
Board to discuss the timelines. As the proposal came forward to the Planning Board, there were guidelines placed on the
decision process for the staff and the Planning Board. One of the differences is that if a decision is not made within the
timeframes,the item is considered approved without conditions. He said that the amendments now state that the item still
moves forward, but with the original staff recommendations and the minutes of the meetings of the Planning Board
explaining why a decision could not be made within the time period. The item must be heard by the County
Commissioners within 90 days after the Planning Board hears it. The County Commissioners are allowed to table the
item for a"reasonable amount of time." In addition,the language for an appeal has been modified to give a 15-day period
of time for an appeal.
Commissioner Brown clarified that the"reasonable amount of time"was not allowing the Board to put off
the decision, but to ask legitimate questions and actually work on making a decision,
Craig Benedict pointed out that the Planning Board recommends that after the item is placed on the
Board of County Commissioners'agenda,the decision is to be made within 60 days. This is on the last page of the
agenda abstract. This is not his recommendation, but the recommendation of the Planning Board.
Commissioner Jacobs thanked the staff for giving the Board three proposals. He suggested that on the
bottom of page 30 the wording should be clarified to say, "during deliberations and consideration of the application,the
Board may defer consideration at any point to pursue additional analysis and review." Also, on page 27, section 4,the
wording could be clarified to say, "The Planning Department shall notify the applicant of its action in writing."
Commissioner Jacobs said that he does not agree with the Planning Board about having a 60-day
deadline on the Board's decision. He made reference to the appeal of the preliminary plan of minor subdivisions and said
that the Planning Board is saying that it should come back to them and the administration is saying that it should come
back to the Board of County Commissioners. He asked if there was a difference between matters of interpretation of the
subdivision regulations and policy issues related to the subdivision regulations. He does not think that the County
Commissioners need to be involved in the appeal process unless it is a policy issue.
Geoffrey Gledhill said that most of the appeals have to do with public versus private roads. Since staff is
in tune with the County Commissioners on that issue, rarely is the staff denying a private road where it is justified under
the regulations. He clarified that the Planning Board's role is as an advisory board and not a decision-making body.
Commissioner Gordon asked if something is referred to the County Commissioners without a Planning
Board recommendation would it be reasonable to refer it back to the Planning Board. Geoffrey Gledhill said that it would
be reasonable. On page 33, section 30, about the application being sent by certified mail, she feels it should be left as
certified mail so there is a receipt indicating that the application was sent. The Board agreed that the application should
be sent by certified mail.
Craig Benedict said that the staff has reviewed some of the State laws on advertising and they are
suggesting, as they go through the comprehensive plan in the future,that there will be some very thorough and elaborate
advertising guidelines. He would like to find other means of communication(i.e., internet, newspaper,etc.). He said that
he would move the statement back to certified mail.
Commissioner Brown feels it is important that the citizens are well served by these revisions. She would
like to see something come back to the Board about public notification of development. She is concerned that there is not
enough time for citizens to respond to development proposals. She made reference to section nine and asked why the
concept plan was extended from one year to two years.
Craig Benedict said that this would be a benefit to the developer because after a concept plan is received,
there would be a longer time period to resubmit the preliminary plan.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the
administration's recommendation for text amendments to subdivision regulations and the Zoning Ordinance with the
addition of changes to the language from Commissioners Jacobs and the addition of sending applications by certified
mail.
VOTE: UNANIMOUS
START HERE
10. REPORTS
a. Reports—"A New Consensus for Farmland Preservation"—Stakeholders Listing
David Stancil said that this complies with the Commissioners'goals for this year. This is the first of three
check-ins on the development of a new consensus for farmland,which is a program to develop a farmland preservation
plan by the end of the calendar year so that the County would be in a position to request grant funds from the Farmland