HomeMy WebLinkAboutAgenda - 04-09-2013 - 6aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 9, 2013
Action Agenda
Item No. 6 -a
SUBJECT: Amendments to Unified Development Ordinance Text: Revise Section 1.6.5 —
(Planning Board) Rules of Procedure - Public Hearing Closure and Action (No
Additional Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Comprehensive Plan /Future Land Use
Map and Unified Development Ordinance
(UDO) Amendment Outline Form
(UDO/Zoning-2013-02)
2. Ordinance Approving Amendment
3. Excerpt of Draft Minutes — February 25,
2013 Quarterly Public Hearing
4. Excerpt of Draft Minutes — March 6, 2013
Planning Board Meeting
INFORMATION CONTACT:
Perdita Holtz, Planner III, 919 - 245 -2578
Craig Benedict, Planning Director, 919- 245-
2592
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on Planning Director initiated text amendments to the Unified Development
Ordinance (UDO) to revise Section 1.6.5 — (Planning Board) Rules of Procedure to be
consistent with current County processes and procedures.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the February 25, 2013
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
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 ordinance approving the proposed amendments along with the amendments in "track
changes" format (ir d .text for proposed text and it d for proposed deletions).
Public Hearing
The proposed UDO amendments were heard at the February 25, 2013 joint public hearing (see
draft Minutes in Attachment 3). No members of the public spoke on the proposed UDO
amendments and no questions were asked.
Procedural Information
In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if it is
for the purpose of presenting information also submitted in writing. The public hearing is held
open to a date certain for the purpose of the BOCC receiving the Planning Board's
recommendation and any submitted written comments.
Planning Director's Recommendation
The Planning Director recommends approval of the proposed UDO amendments based on the
following:
• These amendments are necessary in order to ensure that County policy documents and
regulations are consistent with one another.
Planning Board Recommendation
The Planning Board considered this item at its March 6, 2013 meeting. The Planning Board
unanimously voted to recommend approval of this item. The Planning Board draft minutes
are included in Attachment 4.
FINANCIAL IMPACT: See Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation of approval;
2. Close the public hearing; and
3. Decide accordingly and /or adopt the ordinance contained in Attachment 2 which
authorizes the text amendments.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning- 2013 -02
Amendment to revise Section 1.6.5 — (Planning Board) Rules of Procedure
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: - --
To:
El Zoning Zoning Map:
From:- --
To:---
❑ Other:
K
❑ 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
M
procedures recently adopted b 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:
2
March 6, 2013 (recommendation)
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:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ 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 policies recently adopted by the BOCC.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2. Proposed additions are shown in red text and proposed deletions are
shown in fired feet
Primary Staff Contact:
Perdita Holtz
Planning Department
(919) 245 -2578
pholtz @orangecountync.gov
3
Attachment 2
Ordinance #: ORD- 2013 -014
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, the Orange County Board of County Commissioners adopted a General
Advisory Board Policy document in February 2012 and a Planning Board Policies and
Procedures document in November 2012, and
Whereas, a review of Section 1.6.5 [Planning Board] Rules of Procedure of the Unified
Development Ordinance concluded that the section should be amended to ensure
consistency with the documents adopted in 2012, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the County has found the proposed text amendments to be reasonably
necessary to ensure consistency between regulations and policies, and
Whereas, the County has held the required public hearing and has found the proposed
text amendment is consistent with the adopted Comprehensive Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted on the
attached page.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2013 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
, 2013.
SEAL
Clerk to the Board of Commissioners
Article 1: Administration $
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 Bc)aFd shall adept FUIeS Of PFE)Gedure for the GE)RdUGt of its affairs. The rules shag
-he rpaontamned- in the c-)ff0r-,e of the Planning DiFeGtGr. EXGept as otherwise expressly stated OR this
QFdiRaRG8 the FUIes a.J.,pte d by the Plan g BeaF.d shall r. .i.de f.. r:
(A) iGeFS, SpeGifiGally a Ghair And Vire Ghair whese tAFFA Af AffiAP ShAlll hP
GRe Y With eligibility fGF r eleGtO9421
/(B) ttendanGe r ante
(C)
fho RAAPC -j to AAp d. art h. oi.,000
(D) Co+ohliohmo.,f Gf o rr GRthly at o FROROPR61M, date and- time fer a regular r eetip
(E) A r. d
Ge uro fl,r GalliRg o of MeetiRg 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 Meetings
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
Excerpt of Draft Minutes I I Attachment 3
1 DRAFT
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 ORANGE COUNTY PLANNING BOARD
6 QUARTERLY PUBLIC HEARING
7 February 25, 2013
8 7:00 P.M.
9
10
11 The Orange County Board of Commissioners and the Orange County Planning Board
12 met for a Quarterly Public Hearing on Monday, February 25, 2013 at 7:00 p.m. at the
13 Department of Social Services, 113 Mayo Street, Hillsborough, N.C.
14
15 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
16 Dorosin, Alice Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEY PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
20 David Hunt (All other staff members will be identified appropriately below)
21 PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck, and Planning Board
22 members Tony Blake, Rachel Phelps Hawkins, Alan Campbell, Maxecine Mitchell,
23 Johnny Randall, H.T. "Buddy" Hartley, and Herman Staats
24 PLANNING BOARD MEMBERS ABSENT: Dawn Brezina, Larry Wright, Andrea Rohrbacher
25 and Lisa Stuckey
26
27 ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
28 C. PUBLIC HEARING ITEMS
29
301. 3. Unified Development Ordinance (UDO) Text Amendment - To review
31 government- initiated amendments to the text of the UDO to make changes to the section
32 regarding the Planning Board's Rules of Procedure. The purpose of this amendment is to
33 ensure the regulations are consistent with County policies and processes.
34
35 Perdita Holtz introduced this item. This amendment is related to the Planning Board's
36 Rules of Procedure, since this section needs to be updated in order to be consistent with current
37 County processes and procedures.
38 The recommendation is to refer the matter to the Planning Board with a request that a
39 recommendation be returned to the BOCC in time for the April 9, 2013 BOCC regular meeting
40 and adjourn the public hearing until April 9, 2013 in order to receive and accept the Planning
41 Board's recommendation and any submitted written comments.
42 A motion was made by Commissioner McKee, seconded by Commissioner Rich to close
43 the public hearing.
44 VOTE: UNANIMOUS
45
46 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
47 refer the matter to the Planning Board with a request that a recommendation be returned to the
48 BOCC in time for the April 9, 2013 BOCC regular meeting and adjourn the public hearing until
49 April 9, 2013 in order to receive and accept the Planning Board's recommendation and any
50 submitted written comments.
51 VOTE: UNANIMOUS
52 ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
53
9
Excerpt of Draft Minutes Attachment 4 10
DRAFT
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 MARCH 6,2013
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Larry Wright, At-Large, Cedar Grove Township; Alan Campbell, Cedar Grove Township
7 Representative; Buddy Hartley, Little River Township Representative; Johnny Randall, At-Large Chapel Hill
8 Township; Tony Blake, Bingham Township Representative;Andrea Rohrbacher,At-Large Chapel Hill Township; Lisa
9 Stuckey, Chapel Hill Township Representative; Maxecine Mitchell, At-Large Bingham Township; Herman Staats, At-
10 Large, Cedar Grove Township; Dawn Brezina, Eno Township Representative;
11
12
13 MEMBERS ABSENT: Rachel Hawkins, Hillsborough Township Representative; Peter Hallenbeck (Chair), Cheeks
14 Township Representative;
15
16
17 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz;
18 Special Projects Coordinator;Tina Love,Administrative Assistant II
19
20
21 OTHERS PRESENT:Tom Heffner, Phil Koch, Pat&Ed Yahner
22
23
24 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
25
26 **************************
27
28 Agenda Item 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a recommendation
29 to the BOCC on government-initiated amendments to the text of the UDO to make changes to
30 the section regarding the Planning Board's Rules of Procedure. This item was heard at the
31 February 25, 2013 quarterly public hearing.
32 Presenter: Perdita Holtz, Special Projects Coordinator
33
34 Perdita Holtz: Reviewed abstract.
35
36 MOTION by Larry Wright to accept the changes. Seconded by Maxecine Mitchell.
37 VOTE: UNANIMOUS
38
39 **************************
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