HomeMy WebLinkAboutAgenda - 02-25-2013 - C3MR1
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25, 2013
Action Agenda
Item No. C.3
SUBJECT: Amendments to Unified Development Ordinance Text: Revise Section 1.6.5 —
(Planning Board) Rules of Procedure
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) I Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan /Future Land Use Perdita Holtz, Planner III, 919 - 245 -2578
Map and Unified Development Ordinance Craig Benedict, Planning Director, 919- 245-
(UDO) Amendment Outline Form 2592
(UDO/Zoning-2013-02)
2. Amendment Packet
PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the
Unified Development Ordinance to revise Section 1.6.5 — (Planning Board) Rules of Procedure
to be consistent with current County processes and procedures.
BACKGROUND: The Board of County Commissioners adopted a general advisory board
policy document in 2012 and policies and procedures for the Planning Board in November 2012.
This was part of an effort to standardize operations of the numerous boards which advise the
BOCC. Because the UDO has a specific section relating to the Planning Board's Rules of
Procedure, the section needs to be updated in order to be consistent with current County
processes and procedures.
Attachment 1 contains additional information and analysis on these amendments and Attachment 2
contains the proposed amendments in a "track changes" format Gilr-ed text for proposed additions and
iiii iiii : : for proposed deletions).
Notification Procedural Requirements
Legal ads for the public hearing were placed in a newspaper of general circulation in the county
in accordance with Section 2.8.6 of the Unified Development Ordinance.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board:
901
1. Receive the proposed amendments to the Unified Development Ordinance as detailed in
this abstract and attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the April 9, 2013 BOCC regular meeting.
4. Adjourn the public hearing until April 9, 2013 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMEN DMENTOUTLIN E
UDO / Zoning- 2013 -02
Amendment to revise Section 1.6.5 - (Planning Board) Rules of Procedure
A. AMENDMENT TYPE
Map Amendments
F-1 Land Use Element Map:
From: - --
To: ---
F-1 Zoning Map:
From:- --
To: - --
Other:
37
Other:
B. RATIONALE
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to change the section of the UDO pertaining to the
Planning Board's Rules of Procedure. The change is necessary to reflect the
general advisory board policy document and the specific Planning Board policies and
1
allJ
procedures recently adopted by the BOCC. Section 1.6.5 now conflicts with the
process utilized by the BOCC.
2. Analysis
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `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 following information is offered:
This text amendment is necessary to ensure that County policy documents and
regulations are consistent with one another.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
No direct linkage to the Principles, Goals, and Objectives of the Comprehensive
Plan. This amendment is proposed in order to engage in "good housekeeping" by
ensuring the Ordinance does not conflict with current County processes and
procedures.
4. New Statutes and Rules
The BOCC adopted an Advisory Board Policy in 2012 and adopted specific Planning
Board Policies and Procedures in November 2012.
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
March 6, 2013 (recommendation)
2
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement published on February 13 and 20 in the News of Orange and
The Herald Sun.
e. Outreach:
F-1 General Public:
F-1 Small Area Plan Workgroup:
F-1 Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2012 -13 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
No implications. The proposed amendments are solely a `housekeeping' item resulting
from advisory board Dolicies recently adoDted by the BOCC.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2. Proposed additions are shown in iiii d tex t and proposed deletions are
shown in iiii r-ed st.iii ci ke,t h text.
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0191
Attachment 2
Article 1: Administration 40
Section 1.6: Planning Board
(E) Advise the Board of County 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 that the Board of Commissioners may direct;
(G) Perform other related duties that the Board of County Commissioners may direct;
(H) Approve and recommend for adoption by the Board of County Commissioners a
Comprehensive Plan for the development of the county, as well as amendments thereto;
and
(1) The Planning Board, working with the Planning Director, shall from time to time, at
intervals of not more than five years, examine the provisions of this Ordinance and the
location of Zoning District boundary lines and shall submit a report to the Board of County
Commissioners recommending changes and amendments, if any, which are desirable in
the interest of public health, safety, and general welfare, mindful of the intent expressed
in Subsection 1.1.5.
1.6.4 Staffing
(A) The Planning Director, under the direction of the County Manager or his /her designee,
shall serve as the professional staff to the Planning Board and shall be primarily
responsible for completing any work product necessary to assist the Board in carrying out
its duties.
(B) The Board of County Commissioners must approve all work assignments or projects
requested by the Planning Board outside of work product associated with this Ordinance
prior to the commencement of work.
1.6.5 Rules of Procedure
The PlaRRORg Beard shall adept rules E)f PFGGedWFe fer the GE)RdWGt ef its affairs. The rules shag
be maontamned- On the effmr-,e of the Planning DireGter. EXGept as othe. ...'se expressly stated OR this
QrzdinnaRGe the rules a.Jr.rted by the Planning Beard shall r ide f r;
(A) �e�e6+cr'"vrr'r-"vff GfffriveFS, SpeGifiGally a Ghair and- Vir-,e Ghair, wh9se t°rFA A-f GAGEah-A- 11-a °c
nno Y With eligibility fnr r eIeGtinn
(B) o # #on Jonno r on #c
(C)
+ho RAard. +n h, oin000
(D) Co +ohliohrAPn+ of o FRAR+hly, at o FROROFR61FR, date and- +iFAA fnr o r llor Meeting
(E) A n Gorr pro fnr GalliRg o of meeting as the Reed of the Beard requires.
The Planning Board shall conduct of its affairs in accordance with the "Orange County Board of
County Commissioners Advisory Board Policy" and the "Planning Board Policies and
Procedures ".
1.6.6 Notification of Meetin
All meetings shall be open to the public. The Planning Director shall cause notices to be given as
required under:
(A) Article 33 -C, Chapter 143 of the North Carolina General Statutes;
(B) 143 - 318.11 of the North Carolina General Statutes; and
(C) Article 2 of this Ordinance.
Orange County, North Carolina — Unified Development Ordinance Page 1 -12