HomeMy WebLinkAboutAgenda - 04-01-2008-c2bORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: April 1, 2008
Action Agenda
Item No. C.2.b
SUBJECT: Zoning Ordinance Amendment of Planned Development review and approval
procedures
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Proposed Ordinance Amendment
2. NCGS 153A-342
INFORMATION CONTACT:
Name, Phone Number
Craig Benedict 245-2592
Michael Harvey 245-2607
PURPOSE: To amend several .provisions contained within "Article Seven (7) Planned
Development" of the Zoning .Ordinance in order to insure compliance with State law concerning
conditions of approval proposed during the approval .process of Planned Development
(hereafter "PD") applications.
BACKGROUND:
Staff has determined that changes made to Chapter 153A of the NC General Statutes during
the 2005 legislative session have created a discrepancy between the County's current Zoning
Ordinance and State statutes regarding the process for placing conditions on the approval of
Planned Development ("PD") applications.
State regulations, specifically NCGS 153A-342, allows for the placement of conditions on PD
applications by the County or the petitioner but only: .., those conditions mutually approved
by the county and the petitioner may be incorporated into the zoning regulations or permit
requirements.'
Further, NCGS 153A-342 limits the imposition. of any condition to those that are designed to
address the: ` ... conformance of the development.and use of the site to county ordinances and
an officially adopted comprehensive or other plan and those that address the impacts
reasonably expected to be generated by the development or use of the site.'
Within the County's Zoning Ordinance, specifically "Section 7.2:4 Imposed Conditions," the
establishment of conditions on PD applications occur in the following manner:
The Board of County Commissioners may impose such reasonable conditions
upon approval of a Special Use Permit for a Planned Development District. as will
afford protection of the public health, safety, and general welfare, ensure that
substantial justice is done and equitable treatment provided.
Section 7.2.5 Special Use Required For Each Planned Development, also references the
imposition of conditions for a PD request, specifically:
If the petition is approved, the County Commissioners shall issue a Special. Use
Permit authorizing the requested use with such reasonable conditions as the
governing body determine to be desirable in promoting public health, safety and
welfare.
In reviewing this language, staff believes that the current process requires revision in order to
be complaint with current State law. Staff proposes to amend the existing sections of the
Ordinance as proposed on Attachment 1 in order to address this discrepancy. Staff will
continue to work on additional modifications to the County's PD regulations as originally
.proposed to the Board in December of 2007.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Zoning Officer recommends that the Board(s):
1. Receive the proposed amendments,
2. Conduct the Public Hearing
3. Refer the amendment package to the Planning Board for review and comment with a
request that a recommendation be submitted no latter than May 7, 2008
Attachment 1 3
AMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning
Ordinance by adding (indicated by double underlined language) and deleting
(indicated by stricken through language) as follows:
Proposed Amendment: Part I
7.2.4 sed~ Conditions
The Board of County Commissioners, its agencies. or the
petitioner may +mpese rp opose such reasonable conditions
upon approval of a Special Use Permit fora Planned
Development District as will afford conformance of the
development and use of the site to County ordinances and
the Comprehensive Plan and that address the impacts
reasonably expected to be aenerated by the development or
use of the site. ,
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Onlv those conditions
mutually aareed upon by the County and the petitioner may
be incorporated into the zoning regulations or special use
permit reauirements. The petitioner shall agree in writing to
all a plicable conditions prior to a final approval of the
application.
Proposed Amendment: Part II
7.2.5 Special Use Required For Each Planned Development
Within the Planned Development District only those uses
authorized by Article 4 as permitted in the zoning district with
which the PD corresponds shall be permitted, and all other
requirements of the corresponding district shall be met. In
addition, within a PD no use. shall be permitted except
pursuant to a Special Use Permit authorized by the County
Commissioners which shall specify the use or uses
authorized as required in Article 8.8.23.
Attachment 1 4
If the petition is approved, the County Commissioners shall
issue a Special Use Permit authorizing the requested use
with such rease~abte conditions as aareed uoon pursuant to
Section 7.2}.4 of this Ordinance. +~g^~~~9-bo~'~~
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^^~ ~ni°Ifn r°
The authorization of a Special Use Permit in any Planned
Development District for any use which is permitted only as
a "Class B" special use in the zoning district which
corresponds to the Planned Development District shall
preclude any requirement for Board of Adjustment approval
but shall be approved by the Board of County
Commissioners.
Proposed Amendment: Part III
7.5.4 Zoning Officer's Recommendations
At such time as further conferences appear unnecessary, or
at any time on request of the applicant, the Zoning Officer
shall prepare a written report to the Planning Board and
Board of County Commissioners, containing the following
findings:
a) As to the suitability of the proposals for the general
type of PD category, the physical characteristics of
the land, and relation of the proposed
development to surrounding areas and existing
and probable future development;
b) As to relation to major roads and mass transit
facilities, utilities .and other facilities and, services;
c) As to the adequacy of evidence on unified control
and the suitability of any proposed agreements,
contracts, deed restrictions, sureties, dedications,
contributions, guarantees, or .other instruments, or
the need for such instruments, or for amendments
in those proposed;
d) As to the suitability of plans proposed or the
desirability of amendments;
e) As to the adherence to PD or general regulations
or as to desirable specific modifications in PD or
Attachment 1 5
general regulations as applied to the particular
case, based on determination that such
modifications are necessary or justified in the
particular case by demonstration that the public
purposes of PD or other regulations would be met
to at least an equivalent degree by such
modifications:
Based on such findings, the Zoning Officer shall recommend
approval of the PD amendment proposed, approval
conditioned on aareed upon modifications or disapproval,
with recorded reasons therefore.
All recommended conditions or modifications shall be
reviewed and aareed upon by the applicant and the County
Board of Commissioners in accordance with the provisions
of Section 7.2.4 of this Ordinance.
Proposed Amendment: Part IV
7.5.5 Actions by Planning Board; Board of County Commissioners
Actions by the Planning Board and Board of County
Commissioners shall be as provided for amendments
generally. (See Article 20) The Board of County
Commissioners may grant the application in accordance with
PD and other a~~l++~a~le-Count~r regulations as provided in
Section 7.5 or may approve the application- with conditions
attached-approved in accordance with the reauirements of
Section 7.2.4, or may deny the application.
Upon motion of Commissioner ,
seconded by Commissioner
the
foregoing Zoning Ordinance amendments were adopted this the day
of , 2008 and shall become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Attachment 2
6
§ 153A-342. Districts; zoning less than entire jurisdiction.
(a) A county may divide its territorial jurisdiction into districts of any number,
shape, and area that it may consider best suited to carry out the purposes of this Part.
Within these districts a county may regulate and restrict the erection, construction,
reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts
may include, but shall not be limited to, general use districts, in which a variety of uses
are permissible in accordance with general standards; overlay districts, in which
additional requirements are imposed on certain properties within one or more
underlying general or special use districts; special use districts or conditional use
districts, in which uses are permitted only upon the issuance of a special use permit or a
conditional use permit and conditional zoning districts, in which site plans and
individualized development conditions are imposed.
(b) Property may be placed in a special use district, conditional use district, or
conditional district only in response to a petition by the owners of all the property to be
included. Specific conditions applicable to the districts may be proposed by the
.petitioner or the county or its agencies, but only those conditions mutually approved by
the county and the petitioner may be incorporated into the zoning regulations or permit
requirements. Conditions and site-specific standards imposed in a conditional district
shall be limited to those that address the conformance of the development and use of the
site to county ordinances and an officially adopted comprehensive or other plan and
those that address the impacts reasonably expected to be generated by the development
or use of the site.
A statement analyzing the reasonableness of the proposed rezoning shall be prepared
for each petition for a rezoning to a special or conditional use district, or a conditional
district, or other small-scale rezoning.
(c) Except as authorized by the foregoing, all regulations shall be uniform for
each class or kind of building throughout each district, but the regulations in one district
may differ from those in other districts.
(d) A county may determine that the public interest does not require that the
entire territorial jurisdiction of the county be zoned and may designate one or more
portions of that jurisdiction as a zoning area or areas. A zoning area must originally
contain at least 640 acres and at least 10 separate tracts of land in separate ownership
and may thereafter be expanded by the addition of any amount of territory. A zoning
area may be regulated in the same manner as if the entire county were zoned, and the
remainder of the county need not be regulated. (1959, c. 1006, s. 1; 1965, c. 194, s. 2;
1973, c. 822, s. 1; 1985, c. 607, s. 3; 2005-426, s. 6(b).)
G.S. 153A-342 Page 1
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