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HomeMy WebLinkAboutAgenda - 09-05-2023; 8-l - Amendments to the Planning Board’s Rules of Procedure 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2023 Action Agenda Item No. 8-1 SUBJECT: Amendments to the Planning Board's Rules of Procedure DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Proposed Amendments to the Planning Perdita Holtz, Deputy Director— Long-Range Board's Rules of Procedure Document Planning & Administration, (919) 245-2578 Cy Stober, Planning Director, (919) 245-2592 PURPOSE: To consider proposed amendments to the Planning Board's Rules of Procedure. BACKGROUND: The Planning Board has identified potential amendments to its Rules of Procedure document to provide greater clarity and expectations to Board members, applicants, and the public. After discussion at the June 7, 2023 meeting and an affirmative (unanimous) vote at the August 2, 2023 meeting (agenda materials available at: https://www.orangecountync.gov/AgendaCenter/Planning-Board-26), the following amendments have been proposed for modification or addition to the Planning Board's Rules of Procedure document in Attachment 1: • Reflect the new regular meeting location (the Whitted Meeting Facility). • Conclude Planning Board meetings at 10:00 p.m., unless the Board votes to end a particular meeting until a later time. • Allocate thirty (30) minutes for an applicant to present an application to the Board, with direction on how an applicant can request more time. o Allows the Planning Board to vote to allocate additional time for complex applications. o Clarifies that Planning Board members shall be encouraged to hold any questions during the applicant's allotted presentation time so as not to deplete the allocated presentation time. • Allocate three (3) minutes per person per agenda item to members of the public providing comments to the Board. The BOCC must approve any amendments to advisory board Rules of Procedure documents. FINANCIAL IMPACT: There is no financial impact in this action. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of 2 environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION: The Manager recommends the Board approve the proposed amendments to the Planning Board's Rules of Procedure document, as contained in Attachment 1. 3 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17, 5/18/21 PLANNING BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Planning Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to Orange County Board of Commissioners. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Planning Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Planning Board is contained in Section 1.6.3 of the Orange County Unified Development Ordinance. The purpose for which the Planning Board was formed: to serve in an advisory capacity to the Orange County Board of Commissioners in regards to planning, zoning, and subdivision matters, as provided in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Planning Board shall carry out the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance to the best of its ability. B. Objectives 1. Acting under the directives of the Board of County Commissioners and with County staff, the Planning Board shall pursue the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance. 4 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17, 5/18/21 SECTION III: MEMBERSHIP A. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. In acting on this authority the Orange County Board of Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. Planning Board composition is detailed in Section 1.6.1 of the Orange County Unified Development Ordinance. Additional membership requirements are listed in said Section of the UDO. 2. The Planning Board does not have alternate members. 3. Appointments to the Planning Board made to fill vacancies shall be for the unexpired term, if there are less than two years remaining in the unexpired term, and shall not be counted as a term in determining eligibility for reappointment. C. Oath of Office 1. All members appointed to the Planning Board shall, before entering their duties, qualify by taking an oath of office as required by NCGS- 153A-26. D. Chair, Vice Chair, and Secretary 1. The Planning Board shall elect by majority vote a Chair and Vice Chair from among its members at the regular meeting in January of each year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. 3. The Secretary of the Planning Board shall be the Planning Director or his/her designee. 4. The Chair and Secretary shall ensure that each Planning Board member is presented with a copy of the Planning Board's charge, scope of authority, membership responsibilities, and code of conduct when the Planning Board member is appointed to the Planning Board. 5. If requested by the Board of County Commissioners Chair, the Planning Board Chair, or Vice Chair in the Chair's absence, shall attend public hearings and Board of County Commissioners meetings at which a decision is scheduled for items on which the Planning Board has made a recommendation. 5 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17, 5/18/21 SECTION IV.MEETINGS A. Staffing 1. The Planning Director shall perform the duties set forth in Section 1.6.4 of the Orange County Unified Development Ordinance. B. Agendas 1. Items for agendas shall be approved by the Planning Board Chair and staff. 2. The designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory board meetings. The regular meeting agenda and materials shall be distributed at least seven (7) calendar days before the regular meeting C. Date, Time, and Location of Regular Meetings 1 . Regular Meetings of the Planning Board shall be held on the first Wednesday of each month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Offige B ildi c Whitted Meeting Facility located at 131 West Margaret I ane300 West Tryon Street, Hillsborough. The Planning Board Chair, in consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. 4-.2. Meetings shall conclude by 10:00 p.m. unless the majority of Board members in attendance vote to end at a later time. D. Notice of Meetings 1. Notice of regular Planning Board meetings and agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the Orange County government website. E. Time Allocations to Address the Planning Board at Meetings 1. Applicants presenting their applications to the Planning Board shall be allocated 30 minutes to present their application. This time allocation is for the entirety of an applicant's team, should more than one person address the Board to present the application. a. Should an applicant anticipate needing more than 30 minutes to present their application, the applicant shall state their requested time allocation at the beginning of their presentation and the Planning Board shall determine via 6 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17, 5/18/21 majority vote whether additional time will be allocated for the applicant's presentation due to the application's complexity. b. Planning Board members shall be encouraged to hold any questions of the applicant until the applicant has concluded their presentation so as not to deplete the allocated time for the presentation. 2. Members of the public providing comments to the Planning Board shall be allocated three (3) minutes per person per agenda item. Persons may not yield their allotted time to another person to speak on their behalf. E-.F. Public Hearings 1. Planning Board members shall be encouraged to attend public hearings held by the Board of County Commissioners for items the Planning Board has reviewed. F-.-G. Neighborhood Information Meetings 1. Planning Board members shall be encouraged to attend Neighborhood Information Meetings (NIMs) that are required in Article 2 of the Unified Development Ordinance. At-Large members and members representing the Township in which a particular development project is proposed are specifically encouraged to attend the NIM. 2. Planning Department staff shall keep Planning Board members informed of upcoming required NIMs via e-mailed messages. Said e-mail messages shall be sent to Planning Board members on the same date, or shortly after, the notifications are mailed to adjacent property owners. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the Planning Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI. BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Planning Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Planning Board determine modifications to policies and 7 APPROVED 11/8/2012; AMENDED 11/5/2015, 11/14/17, 5/18/21 procedures are necessary the Planning Board may petition the Board of County Commissioners for such modifications.