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Home My WebLink AboutNS ORD-1997-021 Zoning Ordinance Text Amendment Article 2.2.4 Planning Bord Tenure ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:August 4. 1997 Action Agenda SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Item Article 2.2.4 Planning Board Tenure DEPARTMENT: PLANNING PUBLIC HEARING X Yes No BUDGET AMENDMENT REQUIRED Yes X No ATTACHMENT(S): INFORMATION CONTACT: Proposed Amendment Mary Willis 5/27/97 Public Hearing Minutes Extension 2583 7/2/97 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To consider a proposed amendment to change the month in which Planning Board terms expire from February to March. BACKGROUND: On April 6, 1992, the Board of Commissioners adopted a Resolution for the Appointment and Orientation Process for Boards and Commissions. Eleven procedures were included in the Resolution, including a requirement that appointment expiration dates coincide with quarter ending dates. Article 2.2.4 of the Zoning Ordinance currently states that Planning Board terms expire in February. The proposed amendment changes the month of expiration to March. The proposed amendment was presented for public hearing on May 27, 1997. There were no Board or citizen continents. z The Planning Board considered the proposed amendment on July 2, 1997 and recommended approval. The vote was unanimous. RECOMMENDATION: The Planning Staff recommends that the Board of Commissioners close the public hearing and approve the proposed amendment per the Planning Board recommendation. 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 2.2.4 Planning Board Tenure ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High X_Middle Low Comment: PUBLIC HEARING DATE: May 27, 1997 PURPOSE OF AMENDMENT: To change the month in which Planning Board terms expire from February to March. IMPACTS/ISSUES: On April 6, 1992, the Board of Commissioners adopted a Resolution for the Appointment and Orientation Process for Boards and Commissions. Eleven procedures were included in the Resolution, including the following: 4. Appointments will be made quarterly. The expiration of terms for members presently serving on boards and commissions will be adjusted to the nearest quarter ending date.... Article 2.2.4 of the Zoning Ordinance currently states that Planning Board terms expire in February. The proposed amendment changes the month of expiration to March, to correspond to the nearest quarterly ending date. PROPOSED AMENDMENT: Article 2.2.4 Planning Board Tenure a. The tenure of office shall be three(3)years. Members are eligible for reappointment for a second 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. 4 b. Appointments shall be made so that one-third of the terms expire in FebFaaFy Marcy 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. IL-t4-1^-1997 1256 BOCC'�'pGER • 5/27/97-Public Hearing 5 1 A motion was made by Commission Carey,seconded by Commission Brown.to refer this item to the 2 Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. 3 VOTE: UNANIMOUS 4 5 b) Setbacks for Panting 6 1) Article 10.3 Off-SVeet Parking 7 This item was presented by Planner Emily Cameron in order to rerCeive citizen 8 comment on a proposed amendment to the Zoning OM"nce to canned a discrepancy between Article 10.3.off - 9 streak Parking Design Standards, and Article 12.4.1, Required Landscaping. Article 10.3 of the Zoning Ontllnar ca 10 contains the design standards for of!street parking. The sNbaek required between new parking areas and We and 11 roar property lines is five(5)fleet Article 12.4.10 requires a Esn-toot landscape area between new panting and ail 12 property lines for nonresidential and mulfi4amily residential development The proposed amendment will correct the 13 con ielintg requirements by increasing the setback in Article 10.3 from five(5)to ten(10)feet 14 16 CONU rt;s A140M CKJMMNS FaeY THE WARD OF CQ M=jQNffft29- Gone 16 17 >COi1rMEf M AND>t0It CKMr4tr M/RAY T11E PLAW M BOARD_ None. 18 19 021MMEM ANMR QLWffWK8 FRM CITRENS! Now 20 21 A motion was made by Co mnissioner Gordon.seconded by Commissioner HakKft,to refer this Item to 22 the Planning Beard to be returned to the Board of th Commissioners no sooner an August 4, 1997. 23 VOTE: UNANIMO s 24 25 c) Expiration of Planning Board Terror 26 1) Article 22-4 Planting Board Tenure 27 This item was presented by Planner Mary VYilfis in order to receive Caen comment on a 28 proposed amandntant to Change the month in which Planting Hoard terms expire ftom February to Mandl. On April 29 6.1992 the Board of Commissioners adopted a Resolution for the Appointrnent and Orientation Process for Boards 30 and Corneeti=WM Eleven procedures were ir=WW in the Resoludm.mckidkg a requirement that appointment 31. expiration dates coincide with quwW ending dates. Article 22.4 of the Zoning Ordinance currently sLetes that 32 Planning Board teems soars in February. The proposed arnendrrent charges fin month of expira0on to March. 33 34 CONNEWM AMNEIM FKCW THE BOARD 2E NM None 35 36 Not 37 3s COURIEMM ANDAIM MMMMS FRCW C11200i None. 39 40 A motion was nude by CaenmWsioiw Gordon.eecatdad by Convnissiorw Halldods.to raker this item to 41 the Planning Ono to be relunned to ter Bare of Co nonissia»rs no sooner than August 4. 1967. 42 VOTE: UNANIMOUS 43 44 �SIBdlEdI 46 46 VWM no ft 2w co mner ts.Chair Crsowthsr ac*xaried the infecting. The next regular meeting oft is Orange 47 CcuM Hoard of Conernisetonaes wits be a Budget Presentation and Public Hearing an Thursday.May 29. 169'7. 48 This meeting wid be held it ft Superior Court Room,Margaret Lane.Hdalmr ugh, NC. 49 s0 Respecouiy=*n*lsd, 51 52 Ka"SWW Deputy CWK TOTAL P.06 7/2/97 Planning Board Minutes 6 C)Schedule of Land Use Buffers(page 3.2.8) d)Maximum Permitted Sound Levels(page 2.4.3) The proposed amendment was presented for public heariner on May 27, 1997. Commissioner Gordon requested that the Tables be revised to make the proposed changes more clear. Revisions have been made in response to those comments. There were no citizen comments. The Planning Staff recommends approval of the proposed amendment. MOTION: Brooks moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. (2) Article 10.3 Off-Street Parking Presentation by Mary Willis. This item is for consideration of a proposed amendment to the Zoning Ordinance to correct a discrepancy between Article 10.3,Off-street Parking Design Standards,and Article 12.4.1,Required Landscaping. Article 10.3 of the Zoning Ordinance contains the design standards for off- street parking. The setback required between new parking areas and side and rear property lines is five(5)feet. Article 12.4.1c requires a ten-foot landscape area between new parking and all property lines for nonresidential and multi-family residential development. The proposed amendment will correct the conflicting requirements by increasing the setback in Article 10.3 from five(5)to ten(10)feet. The proposed amendment was presented at the May 27 public hearing. No comments were received from the public,the Planning Board or the Board of Commissioners. The proposal was referred to the Planning Board for a recommendation to be returned no sooner than August 4, 1997. The Planning Staff recommends approval of the proposed text amendment. MOTION: Searles moved approval as recommended by the Planning Staff. Seconded by Selkirk. VOTE: Unanimous. (3) Article 2.2.4 Planning Board Tenure Presentation by Mary Willis. This item is to consider a proposed amendment to change the month in which Planning Board terms expire from February to March. On April 6, 1992,the Board of Commissioners adopted a Resolution for the Appointment and Orientation Process for Boards and Commissions. Eleven procedures were included in the Resolution,including a requirement that appointment expiration dates coincide with quarter ending dates. Article 7 2.2.4 of the Zoning Ordinance currently states that Planning Board terms expire in February. The proposed amendment changes the month of expiration to March. The proposed amendment was presented for public hearing on May 27, 1997. There were no Board or citizen comments. The Planning Staff recommends approval of the proposed amendment. MOTION: Selkirk moved approval as recommended by the Planning Staff. Seconded by McAdams. VOTE: Unanimous. Collins informed the Board that there was only one item for the Long Range Meeting scheduled for July 8. He noted that it is a report on transportation items that could be placed on the August agenda. Collins recommended that the July 8 Long Range meeting be canceled. The Board agreed. Barrows asked about an appropriate time for discussion with the Commissioners regarding the Planning Board's concerns with stubouts. Collins responded that the Planning Staff will be dealing with the stubout issue in the form of ordinance proposals. The Board has asked the Staff to review this,particularly in relation to pedestrian and bikeway linkages.The road access linkages are part of the same issue. So,the issue will be brought to the Planning Board through the ordinance amendment process. Collins continued that the Planning Board could have a work session with the Commissioners and others,such as EMS and school bus personnel,to discuss issues and concerns regarding stubouts. In response to a question about policy interpretation,Collins stated that there was a lot of room for interpretation and there are valid arguments for many of the issues. Barrows informed the Board that neither she,nor Vice-Chair Katz would be able to attend the August 6 Planning Board meeting. Further discussion indicated that a quorum would not be available for the August 6 meeting so that meeting was rescheduled to July 30. Meeting adjourned 10:30 p.m. Prepared By Approved By Date J hearing and approved the request for a Zoning Atlas amendment from Rural Residential (R-1) to Residential-4 (R-4) per the Planning Board recommendation. M. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT DISTRICT DESIGN MANUAL - NC 751 CONNECTOR The proposed amendment would eliminate all references to an extension of NC 751 between U.S. 70 and 1-85 in the Economic Development District Design Manual. The County Commissioners closed the public hearing and approved the proposed amendment per the Planning Board recommendation. N. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 2.2.4 PLANNING BOARD TENURE The proposed amendment would change the month in which Planning Board terms expire from February to March. The County Commissioners closed the public hearing and approved the proposed amendment per the Planning Board recommendation. O. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT DISTRICT DESIGN MANUAL - PERMITTED USES (EXISTING RESIDENCES) The proposed amendment would include existing residences as a permitted use rather than a non-conforming use in all Economic Development Districts. The Board closed the public hearing and approved the proposed Zoning Ordinance text amendment. P. ZONING ORDINANCE TEXT AMENDMENT_-ARTICLE 10.3 OFF-STREET PARKING This proposed amendment to the Zoning Ordinance would correct a discrepancy between Article 10.3, Off-street Parking Design Standards, and Article 12.4.1 Required Landscaping. The Board closed the public hearing and approved the proposed Zoning Ordinance text amendment. Q. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN The Board adopted the Residential Anti-displacement and Relocation Assistance Plan for Orange County. R. EFLAND ESTATES - DEVELOPMENT AGREEMENT AMENDMENT The Board approved and authorized the Chair to sign the amendment to the Development Agreement with Habitat for Humanity of Orange County, North Carolina, Inc. for the Efland Estates Community Development Block Grant Program. S. MEMORANDUM RENEWAL WITH NORTH STATE LEGAL SERVICES The Board approved and authorized the Chair to sign the Memorandum of Agreement with North State legal Services, Inc. for the provision of legal counseling and assistance, as required by Title III of the Older Americans Act. T. RENEWAL OF SHERIFF - UNC SPECIAL EVENTS COVERAGE AGREEMENT The Board approved and authorized the Manager to sign the contract between Orange County and the University of North Carolina at Chapel Hill for security and the provision of law enforcement at certain major University events. VOTE ON THE CONSENT AGENDA: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA