HomeMy WebLinkAboutAgenda - 02-29-2000-9eORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 29, 2000
Agenda Abstract
Item # -e
SUBJECT: Text Amendments to Subdivision Regulations and Zoning Ordinance
DEPARTMENT: Planning & Inspections PUBLIC HEARING: Yes X_ No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S):
INFORMATION CONTACT:
Minutes, August 23, 1999 Public Hearing
Robert P. Davis, Planner III Ext 2580
Minutes, November 4, 1999 Planning Board Meeting
Calendars of Meetings
TELEPHONE NUMBERS:
Proposed Ordinance, Original
Chapel Hill 967 -9251
Proposed Ordinance from Planning Board
Hillsborough 245 -2575
Proposed Ordinance from Administration
Mebane 227 -2031
Durham 688 -7331
PURPOSE: To make a decision regarding proposed Text Amendments.
BACKGROUND:
Request
Revise the time limitation sections of the Subdivision Regulations and Zoning Ordinance.
Amend the appeal procedures for Minor Subdivisions.
AARRlicability:
Subdivision Regulations: These regulations shall govern each and every subdivision or re- subdivision
of land within Orange County outside the subdivision jurisdiction of any incorporated municipality in
the County.
Zoning Ordinance: The entirety of Orange County lying outside of the municipalities therein and their
extra - territorial jurisdictions, if any.
Existing Text and Proposed Chan es:
See attached document for existing text and proposed changes.
Proposed Changes:
• Revises time constraints in both the Subdivision Regulations and Zoning Ordinance.
• Amend the appeal procedures for Minor Subdivisions.
G : /robert/textamed. doc /feboo /rpd
Process Schedule and Action
• First Action: Public Hearing
• Joint Public Hearing on August 23, 1999
• Opposition from surveyors and others involved in the development process
• Opposition from citizens regarding potential governmental delays in the approval process
• Second Action: Ordinance Review Committee met on October 21, 1999
• Recommended that the draft proposals go to Planning Board with some type of time constraint
on the process and with a calendar of meeting dates prepared each year for the following year.
• Third Action: Planning Board heard proposals on November 4, 1999
• Planning Board recommended approval with the following changes to the proposed ordinance:
• Leave the appeal process as the ordinance now reads with minor subdivision appeals going to the
Planning Board.
• Allow Staff a one -month deferral after the application is accepted to resolve outstanding issues.
• Allow Planning Board a one - meeting deferral on all applications to resolve issues and make a
recommendation. If no recommendation by Planning Board within two meetings the application,
would go to the County Commissioners with the Planning Board minutes and Planning Staff
recommendation.
• Board of County Commissioners to have 90 days to hear an application and 60 days to make a
decision.
..The Commissioners should consider allowing additional time for major projects.
• Fourth Action: County Commissioners to consider Amendments.
RECOMMENDATION:
Planning Staff: Approval of the Public Hearing Ordinance eliminating all time limits and
appeals. (ORDINANCE HEARD AT PUBLIC HEARING)
Planning Board: Approval of the Planning Board proposed ordinance with time limits and
appeal of minor subdivisions to.the Planning Board. (PLANNING BOARD
ORDINANCE)
Administration: Approval of the Administration Ordinance incorporating elements of both
Planning Staff and Planning Board recommendations. _
G: /robert/textamed. doc /feboo /md
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New
Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday,
August 23, 1999, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to
speak for or against the following items:
ORANGE COUNTY ZONING ATLAS AMENDMENTS
1. Z -02 -99 Johnny Cates
Johnny C. Cates requests that a 2.8 acre (121,968 SF) portion of his 5.1 acre properly at 3102
West Ten Road, Cheeks Township, be rezoned from AR Agricultural Residential to AS
Agricultural Service. The purpose of the Agricultural Service (AS) District is to provide sites in the
rural portion of the County for rural non -farm, non - residential uses which support the horticultural,
silvicultural, and agricultural uses of the AR districts.. Permitted uses within the AS District that
are not permitted in the AR District are as follows: Garden Center (On Premises Sales);
Agricultural Services Uses; Animal Hospitals; Veterinarians, Farm Equipment Sales, Feed, Seed,
Storage & Processing; Sawmills; Stockyards. The property is approximately, 2,200 feet east of Mt.
Willing Road interchange with 1 -40/85 and is referenced in the Orange County Land Records
Office by parcel identification number 9854 -14 -8385.
2. 2-03 -99 Ernie McBroom
emie McBroom requests that his 10.01 acre (436,036 SF) parcel in Cedar Grove Township be
rezoned from AR Agricultural Residential to AS Agricultural Service. The purpose of the
Agricultural Service (AS) District is to provide sites in the rural portion of the County for rural
non -farm, non - residential uses which support the horticultural, silvicultural, and agricultural
uses of the AR districts. Permitted uses within the AS District that are not permitted in the AR
District are as follows: Garden Center (On Premises Sales); Agricultural Services Uses;
Animal Hospitals; Veterinarians, Farm Equipment Sales, Feed, Seed, Storage & Processing;
Sawmills; Stockyards. The property is located on the south side of Sawmill Road West (SR
1545) approximately 4,600 feet east of NC 86 and 3,000 feet west of Wilkerson Road, SR
1507) and is referenced in the Orange County Land Records Office by parcel identification
number 9868.43 -4251.
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1. Orange County Planning Staff and NC Child Care Commission propose amendments to
Article 4, Section 4.3 (Permitted Use Table), Article 6, Section 6.27 (Large Day Care Homes),
Article 8, Section 8.8.16 (Day Care Facility), and Article 22 (Definitions) that change language
in ordinance provisions for child care facilities to .conform with language in North Carolina
General Statutes regarding licensing provisions for child care facilities.
4
. Orange County proposes amendments to the Orange County Zoning Ordinance to revise the
time constraints in Article 2 (The Board of County Commissioners and its Administrative
Mechanisms), Article 3 (Establishment of Zoning Districts and Atlas), Article 6.29.3
(Development Standards for Economic Development Districts), Article 8 (Special Uses), and
Article 20 (Amendments). Proposed amendments will:
• Provide adequate time for staff, to receive complete development review from all applicable
agencies prior to completing reports to boards;
• Provide adequate time for board review of projects; and
• Delete provision that allows. approval of applications that do not meet ordinance regulations
if processing time cannot be met.
ORANGE COUNTY SUBDIVISION ORDINANCE TEXT AMENDMENTS
1. Orange County proposes amendments to the Orange County Subdivision Regulations to
revise the time constraints in Section III (Application and Approval Procedures), Section IV -B-7
(Sites for Public Use), and Section VII -D-4 (Action Subsequent to the Date of Public Hearing).
Proposed amendments will:
• Provide adequate time for staff to receive complete development review from all applicable
agencies prior to completing reports to boards;
• Provide adequate time for board review 'of projects; and
• Delete provision that allows approval of applications that do not meet ordinance regulations
if processing time cannot be met.
• Revise process for appeal of staff decisions concerning subdivision classification (minor vs
major) and approval of minor subdivisions.
2. Orange County Planning Board and planning staff propose amendments to the Orange
County Subdivision Regulations Section IV-13-10 Flexible Development: a. to amend D -1
Estate Lot Option to 1. reduce minimum lot size from 4.0 acres to 3.0 acres with average lot
size of 3.5 acres; 2. provide a 150 ft. buffer along state maintained roads adjacent to
subdivision boundaries; 3. restrict lot access to internal subdivision roads; and b. to amend
D.3 Cluster Option to clarity that any transfer of density within a cluster development will not
result in a greater density within any specific zoning district than the average density allowed
by zoning restrictions within that specific district including overlay districts (eg. flexible
development proposals spanning the critical area (CA) and the balance (PW) of a protected
watershed cannot shift density from a higher density zoning (PW) to a lower density zoning
(CA)).
All interested citizens are invited to attend this hearing and be heard. Public comment will be
received during the public hearing. Following the ' close of the public hearing, only evidence
received in writing by the date of the Planning Board meeting following the public hearing will be
considered by the Board of Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate, objections and
discussion at the hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department
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state. Manager- Link reiterated that day care centers are very highly regulated by the
Planning Board Member Barry Katz sought clarification of some language that had
been struck from the amendments.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to
refer the proposed zoning text amendments for child care facilities to the Planning Board for
recommendations to be. returned to the Board of County Commissioners no sooner than November 3,
1999.
VOTE: UNANIMOUS.
b. Amendments Related to Time Constraints for Development Review and
Procedural Changes
(1) Article 1, General Provisions;
(2) Article 2, Section 2.3.3.7, Board of Adjustment Administration;
Maintenance (3) Article 3, Establishing of Zoning Districts and Atlas, Section 3.5,
Responsibility;
(4) Article 6, Section 6.29.3, Development Standards for Economic
Development
Districts, E Development Review Meeting,
(5) Article 8, Special Uses
(a) Section 8.4.3, Zoning Officer Prepares Analysis and
Recommendation;
(b) Section 8.4.4, Recommendation Submitted to Planning Board or
Board of Adjustment;
(c) Section 8.4.6, Planning Board Action on Class A Special Use
Permits;
(d) Section 8.5, Action Subsequent to the Board Action;
(6) Article 20 Amendments
(a) Section 20.3.3, Zoning Officer Prepares Analysis and
Recommendation;
(b) Section 20.4, Referral of Amendment Application to Planning
Board;
(c) Section 20.7.2, Action Subsequent to the Date of Public Hearing.
Orange County Embdivislon Rgigulation T
Planning Director Craig Benedict made introductory remarks. Planner Robert Davis made
the presentation of the proposed text amendments.
a. Amendment Related to Time Constraints for Development Review and
Procedural Changes
(1) Section 1, Purpose, Authority, Jurisdiction;
(2) Section III, Application and Approval Procedures;
(a) Section III -B -1 (Classification of Subdivisions) determination of
Classification;
(b) Section III -C -1 (Approval Procedures for Minor Subdivisions)
Concept Plan Submission;
(c) Section III -C -3, Review and Approval Procedures;
(d) Section III -C -5, Appeal Procedures;
(e) Section III -D -1.d (Approval Procedures for Major Subdivisions)
Neighborhood Information Meeting;
(f) Section III- 0-1 -e, Planning DepartmentiReview,Procedures;
(g) Section III- D -14, Planning Board Review and Approval
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Procedures; (h) Section III- D -1 -g, Action Subsequent to Approval;
(i) Section III- D -1 -h, Appeal Procedures;
0) Section III -D -2 -d (Concept Plan Approval in the Rural Buffer)
Planning Department Review Procedures;
(k) Section III- D -2 -c, Planning Board Review and Approval Procedures;
(1) Section III- D -2 -d, Action Subsequent to Approval;
(m) Section III- 0-2 -e, Appeal Procedures;
(n) Section III -D -3 -b (Preliminary Plat Approval) Planning Department
Review Procedures;
(o) Section III-D-3-c, Planning Board Review and Approval Procedures;
(p) Section III- D -3 -d, Board of Commissioners Review and Approval
Procedures;
(q) Section III -D-4 -b (Final Plat Approval) Review and Approval
Procedures;
(r) Section III-D-5, Appeal Procedures;
(3) Section VII -D-4 (Legal Status Provisions) Amendment Procedures,,
Action Subsequent to the Date of Public Hearing.
(4) Staff Presentations:
Planning Director Craig Benedict made introductory remarks.
Planner Robert Davis made the presentation of the proposed text amendments. The objectives of the
proposed review time changes were presented as benefits each entity:
Board of County Commissioners, Objectives:
• ANALYSIS - Allows thorough analysis of proposals without default approvals.
• CERTAIN MINOR SUBDIVISIONS - Discourages developers from seeking,minor subdivision approval
in order to avoid major subdivision requirements.
- LESS CONTROVERSY - Increases probability that recommendations will reach Commissioners
without major controversy.
Planning Board Objectives:
• IMPROVES Planing Board /County Commissioners
• CONSENSUS - Eliminates recommendations going to Board of Commissioners without action or
conditions.
- APPEALS - Specifies time limitations for filing appeals of Planning Department decisions to Board of
Adjustments.
Staff Objectives:
- COORDINATION - Allows all affected agencies sufficient time to review and work with applicants to
reach agreement on specific topics.
- DEFAULT APPROVALS - Eliminates default approvals on subdivisions where agencies have yet to
reach accord with developer on specific topics.
- DEADLINES - Sets deadline for Informational Meetings in order to allow sufficient time to prepare a
concise staff report on proposals.
• MINOR VS MAJOR - Amends classification process to require major subdivision review in cases of
disagreement between staff and developers.
County Attorney Geoffrey Gledhill made comments about the preliminary
plat. Planner Davis continued, speaking as to the concept of appeal. Attorney Gledhill stated there was
no time limitation for appeal.
(5) . Questions from the Board of County Commissioners:
7
1 Commissioner Jacobs asked Planner Davis to discuss the difference in
2 requirements between minor and major subdivisions. Planner Davis explained the differences. Chair
3 Gordon stated that she believed staff would make the decision about minor or major subdivisions. Chair
4 Gordon stated that a change had occurred in the 2 -year rule and Planning Director Benedict concurred.
5 There is not an accumulative rule.
6 Commissioner Jacobs expressed his belief that deleting many of these
7 time limits is a good action. He asked questions of Planning Director Benedict, which were addressed.
8 Planning Board Member Barry Katz made reference to the website run by
9 the Town of Cary, North Carolina, and stated that the Cary website includes a timeline for development.
10 Member Katz suggested Orange County might want to develop and furnish similar information.
11 Planning Board Member Robert Strayhorn expressed the importance of
12 informing the public as to the duration of time necessary to have action on an item taken by the Planning
13 Department. Member Strayhorn also wanted to stress the importance of minor subdivisions to rural
14 Orange County.
15 (6) Audience Comments:
16 Emily Cameron distributed a prepared statement that addressed her
17 support for staying within the timeframes. Ms. Cameron also had concerns about the actual text of the
18 amendments if the Board of County Commissioners approves them. Commissioner Brown asked Ms.
19 Cameron if there was ever a concept plan that was denied. Ms. Cameron stated that the majority of the
20 time, they could work it out with the developer.
21 Planning Board Member Lynn Holtkamp made a statement about limiting
22 the timeframes. Ms. Cameron stated the timeframe for a preliminary plan was 85 days. Upon review of
23 the concept plan, any concerns should immediately be addressed with the developer for quick resolution.
24 Ms. Cameron reiterated that she does not feel any additional time is necessary.
25 Vic Knight, of Miller Road, stated that he has many concerns about the
26 elimination of timeframes. While he agreed with extending the 3-day appeal timelines, he believes those
27 within Orange County who have rural developments represent a large portion of the population, and
28 would see these open -ended timeframes as problems. Mr. Knight does not want to have time limits
29 eliminated.
30 Paul Kempa, 4726 Green Riley Road, made reference to Planning Board
31 Member Robert Strayhom's comments about keeping the process for developing a minor subdivision
32 separate from the one for major subdivisions. Mr. Kempa believes it is important to leave the dates in
33 the ordinance.
34 Steve Yuhasz, 3710 St. Mary's Road, is a land surveyor and expressed his
35 belief that elimination of time limits is not a good idea and urged the Board of County Commissioners not
36 to do so. He stated that if all timeframes are eliminated, then accountability at the staff level is also
37 eliminated. Mr. Yuhasz stated that knowing that there is an end to the process encourages people to go
38 into the process. If the ordinance is changed, there is no appeal of anything to the Planning Board or the
39 Board of County Commissioners. Mr. Yuhasz believes that to eliminate any kind of appeal process from
40 the ordinance is a mistake. Mr. Yuhasz also stated that it would be wrong to force urban rules on a rural
41 area, and that the only process changes between minor and major subdivisions is procedural. Mr.
42 Yuhasz also stated that there had been no suggestion that staff meet with developers before making
43 changes to the process, instead of making the developers part of the changes that are proposed. Mr.
44 Yuhasz again stated the need for an appeal mechanism to be built into the system.
45 Mark O'Neal, of Pickett Sprouse Real Estate, stated that he supports the
46 timelines. Mr. O'Neal stated that in Durham County, North Carolina, there is a development review
47 board that meets once a week.
48 John Hartwell, of Lawrence Road, stated that he does not like the proposal
49 because it is not good government in that there are safeguards built into the ordinance. If there is a need
50 to change a time, then specifically address that change. Mr. Hartwell stated that there was a logic that
51 led to the initial adoption of the 2 -year concept plan. Mr. Hartwell stated he would like to see the abuses
52 remedied, but not by eliminating the timelines within the ordinance.
P
1 Scott Radway stated that he was in favor of the certainty of time limits for
2 the process. Mr. Radway believes that there needs to be accountability at the staff level, and that the
3 affected citizens are the ones most in need of a date - certain process. Mr. Radway stated that citizens
4. deserve predictability by making the process date - specific, even if some dates are shortened while other
5 dates are lengthened.
6 . A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to
7 refer the proposed text amendments to the Subdivision Regulations and Zoning Ordinance to the
8 Planning Board for recommendations to be returned to the Board of County Commissioners no sooner
9 than November 3, 1999.
10 VOTE: UNANIMOUS.
11
12 b. Section W -B -10, Flexible Development
13 (1) Section D, Development Standards
14 (a) D.1, Estate Lot Option;
15 (b) D.3, Cluster Option.
16 (2) Staff Presentations:
17 Planning Director Craig presented this text amendment proposal
18 Benedict. (3) Questions from the Board of County Commissioners or
19 Planning Board - None.
20 (4) Audience Comments:
21 Steve Yuhasz, 3710 St. Mary's Road, sought clarification of the
22 amendment.
23 Scott Radway questioned the 150 feet requirement and if this was within
24 the estate lot option only or others options. Planning Director Craig Benedict addressed his concerns.
25 A motion was made by Commissioner Jacobs, seconded by Commissioner Brown, that
26 the proposed amendments be referred to the Planning Board for recommendations to be returned to the
27 Board of County Commissioners no sooner than September 7, 1999.
28 VOTE: UNANIMOUS.
29
30 This ends the Joint Quarterly Public Hearing with the Planning Board. Chair Gordon of the Board of
31 County Commissioners will chair all remaining items on the agenda.
32
33 Q, REPOM PRESENTED BY Q9UN1Y MANAGER J9HN LINK
34 1. Changes to Commissioners' Meeting Schedule.
35 The purpose of this item is to consider several changes or additions to the Board of
36 County Commissioners' approved meeting schedule as follows:
37 (a) September 7, 1999: The consulting engineering firm will present its report
38 concerning the evaluation of proposed construction and demolition (C &D) landfill sites. Staff
39 recommends that the regular Commissioners meeting scheduled for 7:30pm at the F. Gordon Battle
40 Courtroom be moved to the District Courtroom on the second floor of the Courthouse. The second floor
41 courtroom is bigger and more likely to accommodate the large audience that may want to attend that
42 meeting.
43 (b) September 16, 1999: The Commissioners may wish to schedule a public
44 hearing to receive public comment on the proposed C &D sites. The meeting is also recommended to be
45 conducted at 7:30pm in the second floor courtroom at the Orange County Courthouse in Hillsborough.
46 The Board may also wish to invite the participation in this public hearing by the municipal governing
47 boards.
48 (c) September 29, 1999 The North Carolina Administrative Code requires
49 that before final approval is given to a municipal solid waste landfill, the local government where the
50 landfill is located "shall hold at least one public meeting to inform the community of the proposed waste
51 management activities ".. The local government must further "provide a public notice of the meeting at
52 least 30 days prior to the meeting ". While extensive public information about the C &D activities that are
53 currently being considered has already been provided, in order to meet the specific regulatory notice
0
PLANNING BOARD MINUTES
NOVEMBER 4,1999
MEMBERS PRESENT: Karen Barrows (Chair), Nicole Gooding -Ray, Barry Katz, Howard McAdams, Jr.,
Rachel Preston, James K. Selkirk, Bob Strayhorn, Runyon Woods
MEMBERS ABSENT: Leo Allison, Lynne Holtkamp and Onie Lea all excused.
STAFF PRESENT: Craig N. Benedict (Planning Director), Karen Lincoln, Robert Davis, and Joanna
Bradshaw.
AGENDA ITEM #2: CONSIDERATIONS OF ADDITIONS TO AGENDA
Chair Barrows introduced two new Board members, Nicole Gooding -Ray from Bingham Township and Rachel
Preston from Eno Township.
AGENDA ITEM #3: APPROVAL OF MINUTES — October 6, 1999
Gooding -Ray noted on page 13 that her name was spelled incorrectly.
Chair Barrows made reference to page 10, noting that clarification was needed in the motion made by Bob Strayhorn
to approve the concept plan for Richmond Hills subdivision, indicating how the Board wanted the language to be
changed.
Strayhorn said that he intended that the decision be up to the applicant as to whether they want to go through a
homeowner's association or through the County. It would not be mandated from the staff. The following motion
was acceptable to Strayhorn and the Board: Strayhorn moved that the Board accept the staffs recommendation to
approve the Concept Plan for Richmond Hills Subdivision, with the change of language in item #16 to read that
dedication to a Homeowners Association or Orange County should be the decision of the applicant.
Chair Barrows made reference to the bottom of page 12, and said that it should say, "the Board is to pass this on to
the Orange County Board of Commissioners for their decision," since they do not know if the County
Commissioners are going to approve anything.
MOTION: Katz moved approval of the October 6, 1999 minutes with corrections. Seconded by Strayhorn.
VOTE: Unanimous
AGENDA ITEM #4: COMMISSIONERS' MEETINGS ACTION REPORTS
Benedict explained that work is in process to get information on Board of Commissioners' actions/decisions more
easily and quickly.
AGENDA ITEM #5: PUBLIC CHARGE
AGENDA ITEM #6: CHAIR COMMENTS
Chair. Barrows reiterated that the Planning Board members have a responsibility to come to the meeting. If for some
reason someone cannot attend, they have the responsibility to call and let Joanna Bradshaw know. A certain amount
of unexcused absences are grounds for dismissal.
AGENDA ITEM #7: COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
10
VOTE: Unanimous.
AGENDA ITEM #9: MATTERS HEARD AT AUGUST 23, 1999 PUBLIC HEARING
a. Text Amendments Regarding Time Constraints for Development
Review and Other Procedural Changes
(1) Amendments to Orange County Zoning Ordinance
(2) Amendments to the Orange County Subdivision Regulations
Presentation by Robert Davis.
A copy of the abstract information and proposed text amendments are attachments to these minutes on pages
Davis said this item is still in public hearing. This item is back to the Planning Board for a recommendation on
some of the revisions of the time limits and the appeal process in the subdivision and zoning ordinances. At the
public hearing, there was quite a bit of opposition from certain members of the development community with regard
to eliminating any time limits without any time outside parameters for hearing cases. It was recommended earlier to
put in some language that would address any concern on this, but there was still some opposition to removing time
limit constraints from the ordinance. The staff `s comments have been incorporated into the ordinance. In this
proposal the Planning Board hears a case one time and a decision must be made the next time or it would go to the
Commissioners with staff's recommendation. There were no constraints placed on the time limits at the staff level.
He made reference to a calendar in the agenda packet. They have put both the Concept and the Preliminary on that
calendar, and the neighborhood information meeting would only be heard at the Concept level. In each column they
have placed the Planning Board date and then the target dates of all of the events that would happen leading up to
that Planning Board date. A copy of the referenced calendar is an attachment to these minutes on page
Benedict reviewed the calendar. Within this timeframe, there are different actions that have to be done. First of all,
the completeness of the application is checked. Secondly, there is a Concept Plan neighborhood information
meeting to meet with the public and notices must be sent out. The Development Review Committee (DRC) meeting
is something they are making a little more important in the process. The DRC is made up of staff, the Fire Marshall,
someone from the Building Department, and could include the Department of Transportation. During discussions
with a few of the developer agents and the surveyors, they said that they would like to be plugged into the process so
that they can hear the staff comments. The staff s intent is to meet the same day of the DRC meeting with the
developer right afterwards, so there would be a scheduled time for every development application that comes in.
After these meetings, if there are revisions, there is limited time for the developer to come back with the revisions.
The revisions are rechecked and the packet is then mailed to the Planning Board. He said that the important thing is
that they get all the comments from the various agencies such as the Army Corps of Engineers or the Department of
Natural Resources. He noted a change in the schedule. At this time, there are numerous submittal periods for
applications. In this ordinance, they have been put into one submittal period and then it is all tracked to a certain
meeting. This will be easier for the staff.
Davis said that they are bringing up for the Planning Board's consideration to allow for staff a one meeting deferral
on all cases.
Benedict said there are no timefi-ames for staff in the way the original proposed ordinance is written now, and that is
how it was brought to public hearing. They are suggesting putting a restriction on the staff to get the item to the
Planning Board in the first timeframe or within the next meeting.
Davis said there are no time limits on the applicant after they file a case. Another change in the ordinance is that
they are giving a two -year lag between the Concept and Preliminary Plans; now it is only one year. He said that
they are proposing no time changes for the Board of Adjustment.
Chair Barrows pointed out page 64 where it talks about stop work orders. Previously it said, "within 15 days," and
now it is going to say, "at its next regularly scheduled meeting." She is concerned about saying that the stop work
order will be done at no specified time. She stated that the Board of Adjustment does not meet every month. of
there is no Board of Adjustment business, the Board does not meet.) Some work could be going on between the
11
--Board of Adjustment meetings that they do not know about. Davis said that this meant the next time the Board of
Adjustment is supposed to meet, not when they actually do meet. Davis said the recommendation would be required
to go the Commissioners within two meetings, which is roughly 60 days. The item is to be heard by the Board of
County Commissioners within 90 days, and then there are no time limits for approval or denial by the BOCC. This
recommendation is going to the BOCC. The Commissioners can put parameters around their time periods.
Benedict asked Davis if he had researched other jurisdictions to find out their time limits on subdivisions. Davis
responded that there are no time limitations on subdivisions in Raleigh. In High Point, if a text amendment is not
heard, it is denied. There are two meeting time limits in Forsyth County.
Gooding -Ray asked for an explanation for the changes in procedures.
Benedict said there are a variety of code provisions for when development proposals have to be acted upon. In the
current ordinance, there is a provision that says if the Planning Board does not act on something within their time
limit, there is an approval without any conditions. The Commissioners feel uncomfortable with a rush to judgement
on deciding on development applications. In the goal - setting sessions, the Commissioners asked the Planning staff
to look at the time limits to see if there could be more time for a decision.
Strayhorn said that he is pleasantly surprised to see this proposal, and he thinks it is much more acceptable. He
asked if this proposal would go to the Commissioners or would there have to be another public hearing. Benedict
responded that this proposal would go to the Commissioners after the Planning Board's recommendation. At the
public hearing, the proposal had no time constraints. This proposal is within the parameters of the discussion at the
public hearing.
Srayhorn said that what was heard at the public hearing was changes in the process of th e ordinance, which were
very unpopular. He feels the staff has addressed those problems. He stated that he still believes no changes are
necessary. He said that it seems like this is just another set of changes that the involved staff would have to look at
again. Benedict responded that any recommendations that come out of this Board tonight would be sent out to
approximately 30 developers and developer agents that have participated in the public hearing process. There has
been one informational meeting with the agents of surveyor firms and developer agents.
Gooding -Ray asked if the meeting was deferred by the stag, does the Planning Board still have two meetings to
decide. Benedict responded that the Planning Board would still have two meetings.
Chair Barrows made reference to page 67, in the "Accept/Reject by" column, and said that if applicants come in and
have deficiencies in what they are presenting, then the staff would look at that and tell them what else they need to
do. If there were no deficiencies the applicant can come to the January 5d' meeting and be heard, regardless of what
goes on in the steps down below. She asked for clarification about this. Davis responded that it had to be worded a
different way. If the Planning Board decides to hear it on January 5d', they will; if not, then it would be deferred for
one month.
Woods said that in this scenario the developer would have to go with the one -month deferral because the developer
can not give the staff everything they ask for within the five or six days. Davis responded that the plus side of this
scenario is that rather than take a chance of losing a month once they are in the process, developers will discuss the
projects with staff prior to submission of an application.
Chair Barrows asked if, with this scenario, someone came in for an "accept/reject" at the end of November, and the
Planning staff put them off one meeting, would they be put off until February 2"d, which is a little over 60 days. She
asked what the scenario is now, without the revisions. Davis responded that now it is only put off 30 days. Based
on the filing, they are really only adding about two weeks extra to the submittal.
Benedict said that part of the process here is that there has been a lot of disagreement between the applications that
have come in and staff recommendations. Accordingly, there is a lot of discussion at the Planning Board and a lot of
discussion at the Board of County Commissioners meeting. He hopes that the dialogue would start earlier so that
they are not so far apart when they get to this meeting.
Ila
Chair Barrows said that she likes what the staff is trying to do by having the Development Review Committee
meeting. She likes the idea of trying to consolidate everything. However, she is still worried that when it gets to the
Board of County Commissioners it can languish in a corner somewhere.
Woods said they should give the County Commissioners a time limit to approve or reject the applications. He
agrees with the other changes. He disagrees that the site -plan revision deadline is so quickly after the DRC meeting.
He thinks it should be at least two weeks. Davis responded that he looked at doing that, but he would have to put
the filing deadline so much further in advance. Woods emphasized that he felt the Planning Board should ask the
Commissioners to accept or reject the applications in a timely fashion.
Woods asked for clarification in the changes for the appeals process for minor subdivisions. Davis responded that
now the staff determines whether it is a major or a minor subdivision. Early on, the staff proposed that the
classification might be appealed by filing a major subdivision request. In discussions with the Attorney, the
classification is really not up for debate. The appeal for the minor subdivision used to go to the Planning Board. As
it stands right now, there is no appeal for the minor subdivision.
Benedict said that right now if there is a minor subdivision and there is disagreement, the appeal goes to the
Planning Board. With these changes, if there is a disagreement, then it automatically becomes a major subdivision,
and the developer has to process it through a major subdivision. If there is any appeal, it goes to the County
Commissioners. Woods noted that he felt the Planning Board should do the appeals and Katz expressed agreement
with Woods.
Katz said that he had a feeling that the Planning staff was not going to be presumptuous in telling the County
Commissioners how they wanted to handle time limits and that is the reason for this recommendation. The County
Commissioners themselves will set their own limit. He said it is the Commissioners' responsibility.
Chair Barrows said that one of the complaints that she has heard from Commissioners is the planned development
information that comes in that is so large. They have not been able to consider all of the implications in the time
given, and this gives them a little more leeway with these types of things.
Discussion ensued about the timeframe for the County Commissioners.
Benedict said that originally there were three different actions that could be done: approve, approve with conditions,
or deny. Now they are offering a table for more information.
Strayhorn said that the table for more information is too open - ended. Benedict responded that the Planning Board
could suggest a threshold for time limits.
Woods said that the schedule changes on this ordinance are good. He does not like the minor subdivisions going to
the County Commissioners. He thinks the repetitiveness of going to the Commissioners again and again should be
resolved with another ordinance change.
MOTION: McAdams moved to accept the changes except that the minor subdivision appeals will
come .back to the Planning Board, and the County Commissioners will have 90 days to
hear a proposal and will have 60 days after the report is heard to make a decision.
Seconded by Woods.
Chair Barrows asked for clarification. She asked if tabling for more information is still an option. She is still
worried about a plan that comes in with a huge impact.
Strayhorn asked if there could legally be a different set of timeframes for different types of projects.
Benedict said yes. There is a direct relationship between the impact of a project based on its size.
He said if the Planning Board goes through with this motion there is no problem with setting thresholds at a later
time.
11b
Selkirk said that some of these things might be self - limiting.
Chair Barrows said she would feel much better having it all decided tonight. She would like to reword it to be more
inclusive so that it does not feel so fragmented.
Benedict said he has not been given any timeframes. He will ask the Attorney whether the threshold impact has to
go to another public hearing.
VOTE: 7 in favor.
1 opposed -- Barrows felt it was too piecemeal, she would rather see it come together as a
whole package.
Katz said he feels they have addressed the immediate issues. He is comfortable with the changes.
AGENDA ITEM #10: PLANNING BOARD ITEMS
Benedict mentioned that the County Commissioners are considering telecasting their meetings. The Commissioners
have indirectly asked if the Planning Board would have any interest in doing this. Also, since there are two new
members on the Planning Board, he wants to put together an informational meeting to go through the subdivision
and zoning ordinances. He will let all the Planning Board members know when this meeting will be. He distributed
copies of the definitions of primary and secondary open space.
AGENDA ITEM #11: INFORMATIONAL ITEMS
a. Monthly Reports (distributed at meeting)
b. Planning Calendar (distributed at meeting)
The next meeting is December 1, 1999.
AGENDA ITEM #12: ADJOURNMENT
Ther ,q was a motion and a second to adjourn the meeting.
Prep y
The meeting was adjourned at 10:10 p.m.
Approved By
r -:5, • Cr n
Date
12
Original Ordinance proposed at Public Hearing
Text Amendments to the Subdivision Regulations Regarding Time Limitations
eewt text indicates deletions.
Bold text indicates proposed changes.
Proposed New Language: Amend CONTENTS by re- writing Section I to read Purpose, Authority,
Jurisdiction, Private Property Rights and Applications to be Processed Expeditiously and
inserting a new section I — E. Applications to be Processed UReCitfoushy on page 2 of the
Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
• unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
(page 9 — Subdivision Regulations) Determination of Classification
Section III -8-1 (fifth paragraph)
4--h-d-Wisien. All Bush appeals must be r r
*e l2laAAiR9'lDepaFkvaen:6 The Planning Department's determination of classification may 'be
appealed by filing a major subdivision request and following requirements in Section III -D
entitled ApRroval Procedures for Ma'or Subdivisions.
made.
(page 9 -- Subdivision Regulations) Concept Plan Submission
Section III -C -1 (fourth paragraph)
.
(page 1.1 -- Subdivision Regulations) Review and AporovaI Procedures
Section III -C-3 (fourth paragraph)
theFL4G,
,
f
13
(page 12 — Subdivision Regulations) Appeal Procedures
Section III -C -5 (first and second paragraphs)
The Planning Department's decision regarding a minor subdivision application may be
appealed by filing a major subdivision request and following requirements in Section III -D
entitled APRroval Procedures for Major Subdivisions.
r_
- - - - - - - - �-
■
(page 14 — Subdivision Regulations) Neighborhood Information Meeting
Section 111 -D -1.d (first paragraph- second sentence)
The Neighborhood Information Meeting (NIM) shall be held
a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
(page 14 — Subdivision Regulations) Planning Department Review Procedures
Section III -D -1-e (first paragraph)
The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting.
(page 14a — Subdivision Regulations) Planning Board Review and Anproval Procedures
Section III -D-1 -f (fourth paragraph)
(page 14a — Subdivision Regulations) Action Subseguent to Approval
Section III -D -1-g (third paragraph)
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have a two (2) years in which to prepare and file an application for
14
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
(page 14a — Subdivision Regulations) Appeal Proce ures
III -D -1 -h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any appeal shall. be filed within 3 days after the date of the
Planning Board's decision. 14 appealed,
. The Board of Commissioners shall have
final approval 'authority, and where applicable, all Concept Plan Development Options shall contain
,information and /or conditions approved by the Board of Commissioners.
(page 14c — Subdivision Regulations) Planning De artment Review Procedures
Section III -D -2 -b (second paragraph)
Mhi-A feFty flye (45) days ef the date. ef areeptanee ef the Geneept 12161A eF With"A
The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. if the PIaAAiR@'0epa#meRt
(page 14d — Subdivision Regulations) Planning Board Review and A roval Procedures
Section III -D -2-c (third paragraph)
(page 14d — Subdivision Regulations) Action Subs uent to Agproval
Section III -D -2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have epe
(4) yeaF two (2) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the. specified time limit, the
Concept Plan shall become null and void. .
(page 14d — Subdivision Regulations) Aggeal Procedures
Section III -D -2-e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any appeal shall be filed within 3 days after the date of the Planning Board's
decision. it appealed,
The Board of Commissioners shall have final approval authority, and,
where applicable, all Concept Plans shall contain information and /or conditions approved by the
Board of Commissioners.
15
(page 18 – Subdivision Regulations) Planning De artment Review Procedures
Section III- .D -3 -b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation. ^, A .., A—!" .-
(page 18 – Subdivision Regulations) Planning Board Review Procedures
Section III -D -3-c (third paragraph)
(page 19 – Subdivision Regulations) Board of Commissioners Review and A .oval Procedures
Section III -D -3-d (first paragraph)
G8ffiFA8fWafi6R withi feky five (46) days ef th d meeting at Whish the
(page 19 -20 – Subdivision Regulations) Board of Commissioners Review and Approval Procedures
Section III -D -3-d (fourth paragraph)
The GeaFd ef GeFRFR;sG'eAeF8 Shall t8l(B MA GF1 the PFG within feFty five (45) days ef the elese
(page 24a – Subdivision Regulations) Review and Approval Procedures
Section III -D-4 -b third paragraph – second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant,
(page 24a – Subdivision Regulations) Review and Angroval Procedures
Section III -D-4 -b (fourth paragraph)
The PIaRAiAq DeP84- M-6-FIAL-611116701 wkhiR feFty five (45) days e4 the date ef aeeeptaFiee 0 the
Page 24b — Subdivision Regulations) Appeal Procedures
Section III -D -5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed. to the Board of Commissioners. If appealed, the application eW may be placed on the
next regular meeting agenda of the Board of Commissioners. The Board of Commissioners shall
have final approval authority, and where applicable, all Final Plats shall contain information and /or
conditions, approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. W ithi., tee
days a#eF said desislen is made
(page 79 — Subdivision Regulations) Action Subsequent to the Date of Public Hearing
Section VII -D-4 (third paragraph)
Text Amendments to the Zoning Ordinance Regarding Time Limitations
6#FikethF8Ugk text indicates deletion.
Bold text indicates proposed wording.
Proposed New Language: Amend DETAILED TABLE OF CONTENTS in the Orange County Zoning
Ordinance by adding Section 1.6 entitled Applications to be Processed ExReditlouLsly and
inserting under GENERAL PROVISIONS a new section 1.6 A lications to be Processed
Expeditiously on page 1 -2 with the following language:
Recognizing that inordinate delays In acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible,
consistent with the need to ensure that all development conforms to the requirements of
this chapter.
(page 2 -11 — Zoning Ordinance) Board of Adjustment Administration
Section 2.3.3.7 (eighth and ninth paragraphs)
The Board shall act on all applications before it. , w& emseptien el appeal ef a Step MFk GFdeF,
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer withiRflfteeR
Appeal. (4 6) days fFeFR the date ef the Nefise ef at its next regularly scheduled meeting.
17
(page 3 -1 —Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer shall be responsible for entering amendments to the Official Zoning Atlas. Sur,4
eAtAes shall be Fnade withiR thFee weFking days ef the date ef passage ef sweh ameFWments,
(Appendix B-- Zoning Ordinance (EDD Design Manual)) Aloproval Procedures/Site Plan Re uirements
Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date in
Conference Room #1 of the Planning and Agricultural building.
(page 8-4 — Zoning Ordinance) Zoning Officer Prel2ares Analysis and Recommendation
Section 8.4.3 (first and second paragraphs)
, The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as _ appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations,. and, based upon that
analysis., prepare a recommendation for consideration by,. in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
The feFty flye (45) day peke
' wften GeReeRt ef the appliseAt,
(page 8- 4— Zoning Ordinance) Recommendation Submitted to Planning Board or Board of Adjustment
Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, -Special Uses,
(page 8 -5 — Zoning Ordinance) Planning Board Action on Class A Special-Uses;
Section 8.4.6 (first and second paragraphs)
The Planning Boa,
Feeemmei:qdatieR is I "' , shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application.
.
(page 8-6 -- Zoning Ordinance) Action Subsequent to the Board, Action
Section 8.5 (first paragraph)
The Zoning Officer shall cause notice of the disposition of the application to be
sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning
Officer.
M
(page 20 -2 — Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall,
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.
r*!* (60) days. :P;e 39 day PF8Vi6ieF1 shall Ret apply te appNeat.kMa i�- aFneRdFAeRt te4he'7:eFi`1
QFdiAaflse te)d.
Page 20 -3 Zoning Ordinance) Referral of Amendment Application to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Plannirig
Board for consideration and recommendation to the Board of County Commissioners. ate
(page 20-4 - Zoning Ordinance) Action Subsequent to the Date of Public Hearing
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. Said Wne limit may be wdeFided UPGR Fequest ef the appileant.
Amendments initiated by Orange County shall not be subject to time limitations other than those
specified by the Board of County Commissioners during the public hearing process.
The Board of County Commissioners shall not consider enactment of the proposed amendment +mil
until the Planning Board makes " its
recommendation. , WhieheYSF eemes A In making its decision, the Board of Commissioners shall
consider all relevant evidence presented at the joint public hearing and any new evidence which was
considered by the Planning Board in making its recommendation.
PLANNING BOARD RECOMMENDATION 19
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning
Ordinance and the Subdivision Regulations are hereby amended as follows:
Section 1. Proposed Subdivision Regulation New Language: Amend CONTENTS by re- writing
Section I to read Purpose, Authority, Jurisdiction, Private Property Rights and Applications to
be Processed Expeditiously and inserting a new section I — E. A lications to be Processed
Expeditiously on page 2 of the Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 2. (page 9 — Subdivision Regulations) Determination of Classification
Section III -B -1 (fifth paragraph)
If the subdivider wishes to appeal the decision of the Planning Department regarding the
classification of a subdivision, he /she may appeal such decision to the Planning Board at its next
regular meeting. The Planning Board shall have final approval authority regarding classification of
the subdivision. All such appeals must be made, in writing, within thirty (30) days of the decision of
the Planning Department. '
The Planning Board in all such appeals shall make findings of fact in support of its decision and shall
notify the subdivider in writing., ef its der° °1e^ ,... +hc., ♦erg (19) ,.Iw..s a fte. s aid dee-sien Fnad .
Section 3. (page 9 — Subdivision Regulations) Conceot Plan Submission
Section III -C -1 (fourth paragraph)
The P!aRRiAg DepakmeRt Shall semplete its- pa-view ef the Gensept I21aR With'R feWFISeR (14) days-of
.
Section 4. (page 11 — Subdivision Regulations) Review and Apgroval Procedures
Section III -C -3 (fourth paragraph)
Section 5. (page 12 — Subdivision Regulations) Appeal Procedures
Section III -C -5 (first and second paragraphs)
G: /robert/PBORDTXT. doc/nov99 /rpd
f fellewisq aeeeptaRrae
ef the applisatieR,
f
,
Section 5. (page 12 — Subdivision Regulations) Appeal Procedures
Section III -C -5 (first and second paragraphs)
G: /robert/PBORDTXT. doc/nov99 /rpd
20
The decision of the Planning Department regarding a minor subdivision application may be appealed
to the Planning Board. If appealed, the application shall be placed on the next regular meeting
agenda of the Planning Board. The Planning Board shall have final approval authority, and, where
applicable, all Final Plats shall contain information and /or conditions approved by the Planning Board
The Planning Board in all such appeals shall make findings of fact in support of its decision. The
subdivider shall be notified, in writing, of the Planning Board's decision. withiR te'^ (10) days afteF said
.dee -sien is ..,...mode
Section 6. (page 14 — Subdivision Regulations) Neighborhood Information Meeting
Section III -D -1.d (first paragraph - second sentence)
The Neighborhood Information Meeting (NIM) shall be held within 15 days ef aeseptai:we ef the
a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
Section i. (page 14 — Subdivision Regulations) Planning Department Review, Procedures
Section III -D -1 -e (first paragraph)
)AAWA thiFty (39) days ef the date of the NeighbGFheed WoFmatieR Meeting GF WithIM 61-16—h fi_A
time aeRseAted to OR WFitiFig by the appl-eaRt, the The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting.
reseFRFaeRded itho1-It seRdifieRs The Planning Staff shall be allowed to defer the application
and its recommendation for one (1) meeting beyond the Planning Board meeting at which the
application is scheduled to be heard.
Section 8. (page 14a — Subdivision Regulations) Planning Board Review and Approval Procedures
Section III -D -1-f (fourth paragraph)
- � =•• -
M-Er � - -�_ = �� - - = � � :.�- , -`Y`- .._��� :._mac "' _ M— =! M16- -
If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 9. (page 14a — Subdivision Regulations) Action Subse uent to Apgrova l
Section III -D -1 -g (third paragraph)
G: /robcrt/PBOR.DTXT. doc/nov99 /rpd
21
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have two (2) years in which to prepare and file an application for
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
Section 10. (page 14a — Subdivision Regulations) &peal Procedures
III -D -1 -h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any notice of appeal shall be filed, in writing, with the Planning
Director within 15 days after the date of the Planning Board's decision. If the appeal involves
a site plan map approval, sixteen (16) copies of the site plan map shall be filed at the same
time as the written appeal. if appealed,
feg of the BeaFd Of G8......:..6ieR,..... The Board of Commissioners shall have
final approval authority, and where applicable, all Concept Plan Development Options shall contain
information and /or conditions approved by the Board of Commissioners.
Section 11. (page 14c — Subdivision Regulations) Planning Department Review Procedures
Section III -D -2 -b (second paragraph)
Within feFty five (45) days ef the date of aeseptaFi6e ef the Geneept PlaR GF WithiR GUSh fWFtheF ti
^^nomted *^ OR ,...i*'. q by the applicant The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. if the P18RAiRg DepaFliffieSt
,
The Planning Staff shall be allowed to defer
the application and its recommendation for one (1) meeting beyond the Planning Board
meeting at which the application is scheduled to be heard.
Section 12. (page 14d — Subdivision Regulations) Planning Board Review and Approval Procedures
Section III -D -2-c (third paragraph)
The PlaigRiRg @eaFd shall take astieR eA the PFep9S8A WithiA feFly five (46) days ef the MeetiAg at
WFitiRg by the applisaRt. if the PlanRiFig 13eaFd fails te take aetaeR within the apesified time peFied, ef
If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 13. (page 14d — Subdivision Regulations) Action Subs@guent to Al2proval
Section III -D -2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have ese
(1-) yea two 12) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void.
Section 14. (page 14d — Subdivision Regulations) Appeal Procedures
G: /robert/FB ORDTXT, doe/nov99 /rpd
22
Section III -D -2 -e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any notice of appeal shall be filed, in writing, with the Planning Director within
15 days after the date of the Planning Board's decision. If the appeal Involves a site plan map
approval, sixteen (16) copies of the site plan map shall be filed at the same time as the written
appeal. if appealed,
Q^ -ard- ^a GeM. ^- °°i^"°" The Board of Commissioners shall have final approval authority, and,
where applicable, all Concept Plans shall contain information and /or conditions approved by the
Board of Commissioners.
Section 15. (page 18 — Subdivision Regulations) Planning Department Review Procedures
Section III -D -3 -b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation.
The
Planning Staff shall be allowed to defer the application and Its recommendation for one (1)
meeting beyond the Planning Board meeting, at which the application is scheduled to be
heard.
Section 16. (page 18 — Subdivision Regulations) Planning Board Review Procedures
Section III -D -3 -c (third paragraph)
If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 17. (page 19 — Subdivision Regulations) Board of Commissioners_ Review and Approval
Procedures
Section III -D -3-d (first paragraph)
The Board of Commissioners shall receive the Planning Department's report and the Planning
Board's recommendation. within feFty five (45) days ef the PlaRRiAq Ble-apd- Meeting at whigh the
Section 18. (page 19 -20 — Subdivision Regulations) Board of Commissioners Review and Aggroval
Procedures
Section III -D -3 -d (fourth paragraph)
The BeWd ef Gemmissie%FS shall take aetieR eA the pFepesal WithiR feFty fiVe (45) days ef the elese
G: /robert/PBORDTXT. doc /nov99 /md
23
The Board of
County Commissioners shall hear the application within 90 days after receiving the Planning
Board report and the Planning Staff report. The Commissioners shall have an additional 60
days in which to approve, approve with conditions or deny the application.
Section 19. (page 24a -- Subdivision Regulations) Review and Approval Procedures
Section III -D-4 -b third paragraph — second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. wqthi^ teR (10) days afteF Said
Section 20. (page 24a — Subdivision Regulations) Review and A roval Procedures
Section III -D -4-b (fourth paragraph)
The PlaFiFiiRg gepaFtment shall 'Make ae-tie-R wqWn f" five (46) days ef the date of aseeptaRee ef
Section 21. page 24b — Subdivision Regulations) Appeal Procedures
Section III -D -5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. it appealed, the appliestieR shall be plaged en the Re)d
The Board of Commissioners shall have
final approval authority, and where applicable, all Final Plats shall contain information and /or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision.
Section 22. (page 79 — Subdivision Regulations) Action Subsequent to the Date of Public Hearin
Section VII -D-4 (third paragraph)
The Planning Board shall submit its recommendations, including the reasons for its determination, to
the Board of Commissioners. wthvF; seventy five (75) days after Vue-lq aF"eF1dFReF1ts have bee+�
If the Planning Board fails to take
action within two regularly scheduled meetings, or extension thereof, the application shall be
forwarded to the Board of County Commissioners with the Planning Board minutes and the
Planning Staff recommendation and conditions, if any.
Section 23. Proposed Zoning Ordinance New Language: Amend DETAILED TABLE OF
CONTENTS in the Orange County Zoning Ordinance by adding Section 1.6 entitled Applications to
G: /robert/PBORD'TXT. doe/nov99 /rpd
24
be Processed Expeditiously and inserting under GENERAL PROVISIONS a new section 1.6
Applications to be Processed Expeditiously on page 1 -2 with the following language:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 24. (page 2 -11 — Zoning Ordinance) Board of Adjustment Administration
Section 2.3.3.7 (second and third paragraphs)
The Board shall act on all applications before it. , ,
Within sixty days (60) 9f FeGeipt ef the applisatien.
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within fi#eef
at its next regularly scheduled meeting.
Section 25. (page 3 -1 — Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer shall be responsible for entering amendments to the Official Zoning Atlas. S--eh
eRtFieS Shall be made withiR thFee weFk'-Rg days ef the date ef passage ef Gush ameAdMeRtS.
Section 26. (Appendix B— Zoning Ordinance (EDD Design Manual)) Approval Procedures /Site Plan
Requirements Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date a# --AAA —fry in
Genfe.ense ReAm # the Planning and Agricultural Building.
Section 27. (page 8-4 — Zoning Ordinance) Zoning-Officer Prel2ares Analysis and Recommendation
Section 8.4.3 (first and second paragraphs)
, The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon that
analysis, prepare a recommendation for consideration by, in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
Section 28. (page 84— Zoning Ordinance) Recommendation Submitted to Planning Board or Board
of Adjustment Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the first .e^W laF mee ting e, the
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, Special Uses,
G: /robert/PBORDTXT. doc /nov99 /rod
25
Section 29. (page 8 -5 — Zoning Ordinance) Planning Board Action on Class A S ecial Uses
Section 8.4.6 (first and second paragraphs)
The Planning Board,
FeG8FA nna.ndatieR in submitted, shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application. If the Planning Board fails to take
action within two regularly scheduled meetings, or extension thereof, the application shall be
forwarded to the Board of County Commissioners with the Planning Board minutes and the
Planning Staff recommendation and conditions, if any.
Section 30. (page 8 -6 — Zoning Ordinance) Action Subsequent to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall cause notice of the disposition of the application to be
sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning
Officer.
Section 31. (page 20 -2 — Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall, ,
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.
Section 32. Page 20 -3 — Zoning Ordinance) Referral of Amendment A1212lication to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
;III
Section 33. (page 20-4 - Zoning Ordinance) Action Subsequent to the Date of Public Hearing
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. If the Planning Board fails to take action within two regularly
scheduled meetings, or extension thereof, the application shall be forwarded to the Board of
County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
G: /ro bert/PBORDTXT. doe/nov99 /rpd
Amendments initiated by Orange
County shall not be subject to time limitations other than those specified by the Board of County
Commissioners during the public hearing process.
The Board of County Commissioners shall not consider enactment of the proposed amendment mil
until the Planning B4ard'either makes WG
its recommendation or takes no action on the application within two regularly scheduled
meetings. In making its decision, the Board of Commissioners shall
consider all relevant evidence presented at the joint public hearing and any new evidence which was
considered by the Planning Board in making its recommendation.
Section 34. This ordinance shall become effective upon adoption.
Clerk, Board of County Commissioners
(Signature)
Date and Seal
G: /robert/PBQRDTXT. doc /nov99 /md
Chair, Orange County Commissioners
(Signature)
26
ADMINISTRATION PROPOSAL ''
An Ordinance Amending the Zoning Ordinance and Subdivision
'Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning
Ordinance and the Subdivision Regulations are hereby amended as follows:
Section 1. Proposed Subdivision Regulation New Language: Amend CONTENTS by re- writing
Section I to read Purpose, Authority, Jurisdiction, Private Property Rights and Applications to
be Processed Expeditiously and inserting a new section I — E. Applications to be Processed
Expeditiously on page 2 of the Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 2. (page 9 — Subdivision Regulations) Determination of Classification
Section III -B -1 (fifth paragraph)
the subd-y's'en. All sueh appeals must be Fnade, in w0iting, withis thiFty (30) days ef the deeisien e
Section 3. (page 9 — Subdivision Regulations) Concept Plan Submission
Section III -C -1 (fourth paragraph)
The Planning DepaFtmeFit shall eemplete its Feyiew ef the GeReept Plan w'th*Fi fewteeFi (14) days-ef
submissien by the app"68Rt. GRe (1) eepy of the Geneept Plan shall be retained by the Plan i
.
Section 4. (page 11 — Subdivision Regulations) Review and Approval Procedures
Section III -C -3 (fourth paragraph)
The Planning Department shall notify the applicant of its action.,— i,t..ludi.,. any
... . —1 ..... ..........1 ..... \
....1 ......,..............y ........r........ .... .. I.. uh.h..l..u.l..l
1, ..1 ..111111 .,,,,.,.I I I"I.I IVI .II I IV
epaFtment- ails t9 FeAdeF -a
Section 5. (page 12 — Subdivision Regulations) Appeal Procedures
Section III -C -5 (first and second paragraphs)
The decision of the Planning Department regarding a minor subdivision application may be appealed
to the Board of County Commissioners. if appealed, the applieatieR shall be plaeed en the Fie)-Et.
The Board of County Commissioners shall have
G. / robert/ADMINORD- doc /nov99 /revFe b00 /rpd
ADMINISTRATION PROPOSAL 28
final approval authority, and, where applicable, all Final Plats shall contain information and /or
conditions approved by the Commissioners.
The Board of County Commissioners in all such appeals shall make findings of fact in support of its
decision. The subdivider shall be notified, in writing, of the Commissioner's decision.
Section 6. (page 14 — Subdivision Regulations) Neighborhood Information Meeting
Section III -D -1 A (first paragraph- second sentence)
The Neighborhood Information Meeting (NIM) shall be held within 15 days ef aseepta"Se ef the
a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
Section 7. (page 14 — Subdivision Regulations) Planning Department Review Procedures
Section III -D -1 -e (first paragraph)
The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting.
The Planning Staff shall be allowed to defer the application
and its recommendation for one (1) meeting beyond the Planning Board meeting at which the
application is scheduled to be heard.
Section 8. (page 14a — Subdivision Regulations) Planning Board Review and Approval Procedures
Section III -D -1 -f (fourth paragraph)
The PlasnwA@ SeaFd shall take arAien withiR f" five (46) days ef the meetiRg IR whieh the PlaF1AiF@
applieant. if the PlanAing BeaFd fails te take aetleFi within the spesified time pe�ed, eF extwisieff
theFeef, the Planning BeaFd shall be deemed t9 FeeemsRend appFeval ef the GeReept Plan
. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 9. (page 14a — Subdivision Regulations) Action Subsequent to Agproval
Section 111 -D -1 -g (third paragraph)
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have two (2) years in which to prepare and file an application for
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
Section 10. (page 14a — Subdivision Regulations) Agpeal Procedures
G: /robert/AD M 1NORD. doc /nov99 /revFcb00hpd
ADMINISTRATION PROPOSAL 29
III -D -1 -h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any notice of appeal shall be filed, in writing, with the Planning
Director within 15 days after the date of the Planning Board's decision. If the appeal involves
a plan /map approval, sixteen (16) copies of the plan /map shall be submitted along with the
written appeal. if appealed,
The Board of Commissioners shall have final approval
authority, and where applicable, all Concept Plan Development Options shall contain information
and /or conditions approved by the Board of Commissioners.
Section 11. (page 14c — Subdivision Regulations) Plan nin De artment Review Procedures
Section III -D -2 -b (second paragraph)
The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. it the PleARiAg gepakffieRt
fails te PFePaFea FepeFt te the Planning 13eaFd within the speeified time peNed, We)densien - ,
The Planning Staff shall be allowed to defer
the application and development recommendation for one (1) meeting beyond the Planning
Board meeting at which the application is scheduled to be heard.
Section 12. (page 14d — Subdivision Regulations) Planning Board Review and AI2proval Procedures
Section III -D -2 -c (third paragraph)
The Planning BeeFd shall take aetien eR the proposal withiA feFly fiye (46) days ef the Fneet-Ag at
WFitiR@ by the applieaRt. if the Planning BeaFd fails te take aetieR within the Speeified tiffle PeFied, ef
If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 13. (page 14d — Subdivision Regulations) Action Subse uent to Approval
Section III -D -2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have eAe
(1) year two (2) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void.
Section 14. (page 14d — Subdivision Regulations) Appeal Procedures
Section III -D -2 -e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any notice of appeal shall be filed, in writing, with the Planning Director within
15 days after the date of the Planning Board's decision. If the appeal involves a plan /map
approval, sixteen (16) copies of the plan /map shall be filed along with the written appeal. lf
appealed, the GeFieept Plan shall be plaeed en the neA Fe@WI8F meeting ageAda ef the 998FEI ef
-,.... Fn:9s:eFie.,.. The Board of Commissioners shall have final- approval authority, and, where
G: /roberdADM WORD. doc /nov99 /revFeb00 /rpd
ADMINISTRATION PROPOSAL 30
applicable, all Concept Plans shall contain information and /or conditions approved by the Board of
Commissioners.
Section 15. (page 18 — Subdivision Regulations) Planning Department_ Review_ Procedures
Section III -D -3 -b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation. The FeseFt shall be weiqaFed and submitted to the Planninq BeaFd within eiqhty
. The
Planning Staff shall be allowed to defer the application and its recommendation for one (1)
meeting beyond the Planning Board meeting at which the application is scheduled to be
heard.
Section 16. (page 18 — Subdivision Regulations) Planning Board Review Procedures
Section III -D -3 -c (third paragraph)
If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 17. (page 19 — Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section III -D -3 -d (first paragraph)
The Board of Commissioners shall receive the Planning Department's report and the Planning
Board's recommendation. within feFty fiYe (46) days of the Planning BeaFd meeting at whieh the
Section 18. (page 19 -20 — Subdivision Regulations) Board of Commissioners Review and A1212roval
Procedures
Section III -D -3 -d (fourth paragraph)
The C]...... d of G.r.....Ris shall take aefi.-n en the r.F.•..v.-.sal
.. ..� . .. . 1 • 1. — _ IAI _.___. -__ M - - -J,_ .-
�fi1111V t.iV11V V, VI V/rrVllvlvll... r..v.vv., r..v rv.+.•.+
The application
shall be placed on the Board of County Commissioners agenda within 90 days of the Planning
Board recommendation. The Board of County Commissioners shall consider the application
within a reasonable amount of time. During deliberations and consideration of the
application the Board may include the reasons for the need for additional analysis and review.
G: /ro berr/ADMINOR.D. doc /nov99 /rev Feb00 /rpd
ADMINISTRATION PROPOSAL 31
Section 19. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III -D-4 -b third paragraph - second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. with-A ten (10) days AeF Said
Section 2Q. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III -D-4 -b (fourth paragraph)
The Planning DepaFtment shall take aetien withiA feFty five (46) days ef the date ef aeeeptanee of t
Section 21. page 24b — Subdivision Regulations) A-&peaLProcedures
Section III -D -5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. If appealed, the applieatien shall be plased en the next
The Board of Commissioners shall have
final approval authority, and where applicable, all Final Plats shall contain information and /or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. within ten (449)
Section 22. (page 79 — Subdivision Regulations) Action Subsequent to the Date of Public Hearing
Section VII -D-4 (third paragraph)
The Planning Board shall submit its recommendations, including the reasons for its determination, to
the Board of Commissioners.
The Board of County
Commissioners may direct the Planning Board to provide a recommendation by a date
certain. If the Board of County Commissioners does not so direct, the Planning Board shall
make its recommendation within three regularly scheduled Planning Board meetings. If the
Planning Board fails to make a recommendation as directed by the Board of County
Commissioners or within three regularly scheduled Planning Board meetings, whichever is
applicable, the application shall be forwarded to the Board of County Commissioners without
a Planning Board recommendation.
Section 23. Proposed Zoning Ordinance New Language: Amend DETAILED TABLE OF
CONTENTS in the Orange County Zoning Ordinance by adding Section 1.6 entitled Applications to
be Processed Expeditiously and inserting under GENERAL PROVISIONS a new section 1.6
Applications_ to be Processed Expeditiously on page 1 -2 with the following language:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
G: /roberdADMINORD. doc /nov99 /rcvFeb00 /rpd
ADMINISTRATION PROPOSAL 32
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 24. (page 2 -11 — Zoning Ordinance) Board of Adjustment Administration
Section 2.3.3.7 (second and third paragraphs)
The Board shall act on all applications before it. , with emeeptieig ef appeal ef a Step WeFk GFdeF,
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within f'ft^^"
(16) days kem the date of the Netiee ef Appeal,. at Its next regularly scheduled meeting.
Section 25. (page 3 -1 — Zoning Ordinance) Maintenanoe-Resl2onsibilily
Section 3.5
The Zoning Officer, or designee, shall be responsible for entering amendments to the Official Zoning
Atlas. Gueh eRtFies shall be made within thFee W800RO days of the date ef passage ef queh
ameRdmentsm
Section 26. (Appendix B— Zoning Ordinance (EDO Design Manual)) Approval Procedures /Site Plan
Re uirements Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date at 3.00 p.FF17 in
GeRfeF^Fie^ Reem # the Planning and Agricultural Building.
Section 27. (page 8-4 — Zoning Ordinance) Zonin Officer Pre ares Analysis and Recornmendation
Section 8.4.3 (first and second paragraphs)
The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon that
analysis, prepare a recommendation for consideration by, in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
maximum ef si* (60) days.
Section 28. (page 8-4— Zoning Ordinance) Recommendation Submitted to Planning Board or Board
of Adjustment Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, Special Uses. ,
Section 29. (page 8 -5 — Zoning Ordinance) Planning Board Action on Class A Sl2ecial Uses
Section 8.4.6 (first and second paragraphs)
G: / robert/ ADMINORD.doc /nov99 /revFeb00 /rpd
ADMINISTRATION PROPOSAL 33
The Planning Board, within six4y of the meeting at w;;eh-- the — Zening ^ffi^eF'S
Fee9...,.,,,eFidafie.. 'a submitted, shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application. The Board of County
Commissioners may direct the Planning Board to provide a recommendation by a date
certain. If the Board of County Commissioners does not so direct, the Planning Board shall
make its recommendation within three regularly scheduled Planning Board meetings. If the
Planning Board fails to make a recommendation as directed by the Board of County
Commissioners or within three regularly scheduled Planning Board meetings, whichever is
applicable, the application shall be forwarded to the Board of County Commissioners without
a Planning Board recommendation.
Ilk 111101010
Section 30. (page 8 -6 — Zoning Ordinance) Action Subsequent-to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall cause notice of the disposition of the application to be
sent by eekifaed U.S. Mail, First Class to the applicant and a copy of the decision to be filed in the
office of the Zoning Officer.
Section 31. (page 20 -2 -- Zoning Ordinance) Zoning Officer-Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall, within 30 days ef the Feeeipt Of aR applieatien to affleRd the ZeniFig Atlas,
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.
s.)dy (60) days. The .30 day pFeyisien shall net apply te applisatiens feF amendment te the ZeFiiFig
GFElinanee text.
Section 32. Page 20 -3 — Zoning Ordinance) Referral of Amendment A1212lication to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
Mlmm
Section 33. (page 20-4 - Zoning Ordinance) Action Subse uent to the Date of Public Hearin
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. The Board of County Commissioners may direct the
Planning Board to provide a recommendation by a date certain. If the Board of County
Commissioners does not so direct, the Planning Board shall make its recommendation within
three regularly scheduled Planning Board meetings. If the Planning Board fails to make a
G: /robert/ADM INQRD. doc /nov99 /revFeb00 /rpd
ADMINISTRATION PROPOSAL 34
recommendation as directed by the Board of County Commissioners or within three regularly
scheduled Planning Board meetings, whichever is applicable, the application shall be
forwarded to the Board of County Commissioners without a Planning Board recommendation.
. Amendments initiated by Orange
County shall not be subject to time limitations other than those specified by the Board of County
Commissioners during the public hearing process.
pow -MR
mW
The Board of County Commissioners shall not consider enactment of the proposed amendment UffW
until the Planning Board either makes #49
its recommendation or takes no action on the application as prescribed in this section. ;
whieheye' eemes fi " °*. In making its decision, the Board of Commissioners shall consider all relevant
evidence presented at the joint public hearing and any new evidence which was considered by the
Planning Board in making its recommendation.
Section 34. This ordinance shall become effective upon adoption.
(Signature)
Clerk, Board of County Commissioners
Date and Seal
G: /robert/ADMINORD -doc /n ov99 /revFeb00 /rpd
(Signature)
Chair,. Orange County Commissioners
LO
Orange County, North Carolina
'
PLANNING BOARD CALENDAR
FOR YEAR 2000
For Major Subdivision Concept Plans
Meeting Date
Weds. @ 7:30 P.M.
Jan 5
Feb 2
Marl
A r 5
Ma 4* Jun 7 Jul 5 Aug 2 Se 6
Oct 4
Nov 2*
Dec 6
Jan 3, 2001
Filing Deadline —
5:40 PM
Nov 22
Dec 22
Jan 19
Feb 23
Mar 20 Apr 28 May 24 Jun 21 Jul 28
Aug
23
Se 20
Oct 25
Nov 22
Acce URe ect by:
Nov 29
Dec 30*
Jan 26
Feb 29
Mar 27 May 1 May 31 Jun 28 Aug 2
Aug
30
Se 27
Nov 1
Nov 29
Neighborhood Info.
Mailout on or before:
Dec 3
Jan 4
Jan 31
Mar 3
Apr 3 May 5 Jun 10 Jul 3 Aug 7
Sep
4
Oct 2
Nov 6
Dec 4
Neighborhood Info.
Meeting Ion or before)
Dec 14
Jan 14
Feb 10
Mar 15
Apr 13 May 16 Jun 15 Jul 13 Aug 17
Sep
14
Oct 12
Nov 16
Dec 14
Development Review
Committee Meeting
Dec 16
Jan 20
Feb 17
Mar 16
Apr 20 May 18 Jun 15 Jul 20 Aug .17
Sep
21
Oct 19
Nov 16
Dec 21
Site Plan Map
Revision Deadline
Dec 21
Jan 21
Feb 18
Mar 21
Apr 21 May 231 Jun 20 Jul 21 Aug 221
Sep
22
Oct 20
Nov 21
Dec 22
Packet Mailout
Dec 29
Jan 26
Feb 23
Mar 29
A r 26 May 31 Jun 28 Jul 26 Aug 30
Sep
27
Oct 25
Nov 29
Dec 27
* = Date changed or subject to change
0
gsoberMcalen.doc
p
Orange County, North Carolina '
PLANNING BOARD CALENDAR FOR YEAR 2000-
For Major Subdivision Prelimina Plans
Meeting Date
Weds. @ 7JOut Jan 5 Feb 2 Mar '1 Apr 5
May 4"
Jun 7
Jul 5
Aug 2
Sep 6
Oct 4
Nov 2"
Dec 6
Jan 3, 2001
Filing Dead
5:00 PM Nov 3 Dec 8 Jan 5 Feb 2
Mar 8
Apr 5
May 3
Jun 7
Jul 5
Aug 2
Se 6
Oct 4
Nov 8
Acce URe eNov 10 Dec 15 Jan 12 Feb 9
Mar 15
Apr 12
May 10
Jun 14
Jul 12
Aug 9
Se '! 3
Oct 11
Nov 15
Agency Rev
Requests SeNov 17 Dec 22 Jan 19 -Feb 18
Mar 22
A r 19
Ma 17
Jun 21
Jul 19
Aug 18
Se 20
' Oct 18
Nov 22
Developmen
Committee Meeting Dec 16 Jan 20 Feb 17 Mar 18
Apr 20
May 18
Jun 15
Jul 20
Aug 17
Sep 21
Oct 19
Nov 18
Dec 21
Site Plan Map Revision
Deadline Dec 21 Jan 21 Feb 18 Mar 21
Apr 21 1
May 23
Jun 20
Jul 21 1
Aug 22
Sep 22
Oct 20
Nov 21
Dec 22
Packet Mahout Dec 29 Jan 28 Feb 23 Mar 29
Apr 28
May 31
Jun 28
Jul 26
Aug 30
Sep 27
Oct 25
Nov 29
Dec 27
Board of County
Commissioners
earliest date Feb 1 Mat 14 A r 4 1MayI6I
Jun B lAug
ISIAua
i5l
Sep 5 1
Oct 17 1
Nov 1 I
Dec 4 1
Jan 18 20011
Feb 6 2001
* = Date changed -or subject to change
g:robertlprelcalddoc ,
N
Orange County, North Carolina
Public Hearing Schedule
For Year 2000 -
BOCC Approval of
JAN
FEB
MAR
APR
MAY
JUN J
JUL
AUG
SEP
OCT
NOV
DEC
Public Hearing
Monday @ 7:30 PM
Feb 28
Adjoining Property
May 22
Aug 28
Feb 11
May 5
Nov 27
Nov 10
Filing Deadline Monday
@ 5:00 PM
Jan 4
Mar 27
Newspapers
Feb 19
Jul 3
Aug 11
Nov 10
Oct 2
Feb 18
Accept/Reject by: Jan 10
Aug 18
Nov 17
Apr 3
Jul 10
Packet
Oct 9
May 16
DRC Meeting an 20
Apr 20
Feb 16
Jul 20
Aug 16
Nov 15
Oct 19
Feb 23
Abstracts Due for
BOCC Agenda Review Jan 26 Apr 20 Jul 21
Aug 23
Oct 20
PB Abstracts Due
BOCC Approval of
Legal Ad Publication
Feb 1
May 2
Nov 7*
Sign Posting Deadline
Feb 11
May 5
Aug 11
Nov 10
Adjoining Property
Owners' Mallout
Feb 11
May 5
Aug 11
Nov 10
Legal Ad to
Newspapers
Feb 19
May 5
Aug 11
Nov 10
PH Abstracts Due
Feb 18
May 12
Aug 18
Nov 17
Copy /Distribute PH
Packet
Feb 22
May 16
Aug 22
Nov 21
Feb 16
May 12
Aug 16
Nov 15
Legal Ad Publish Dates
Feb 23
May 19
Aug 23
Nov 22
PB Abstracts Due
Mar 27
Jun 26
Sep 25
Dec 21
Copy/Distribute PB
Packet
Mar 29
Jun 28
Sep 27
Dec 28*
PB Recommendation
(Regular Meeting)
Apr 5
Jul 5
Oct 4
Jan 3
BOCC Abstracts Due
1 Apr 25
Aug 1
Oct 31
Jan 30
BOCC Regular Meeting
(Decision)
May 3
Aug 15
Nov 1
Feb B*
J* = Date Changed or Subject to
h: /robe rt/Ph schedIIact99 /rpd
Orange County, North Carolina 36
JPA Public Hearing Schedule
For April 12, 2000
JAN
FEB
I MAR
APR
MAY
JUN
Filing Deadline - 5:00 PM
Jan 26
Accept/Reject by:
Jan 31
Agency Review Requests
Feb 01
Abstracts Due for BOCC Agenda
Review (Legal Ad Due)
Feb 14
BOCC Agenda Review
Feb 15
BOCC Approval of Legal Ad
Publication
Feb 29
.
Planning Board (Review)
Mar 1
Sign Posting Deadline
Mar 24
Adjolning Property Owners' Mailout
Mar 24
Legal Ad to Newspapers
Mar 24
Publish First Legal Ad
Mar 29
PH Abstracts Due
Mar 29
Publish Second Legal Ad
Apr 5
Copy /Distribute PH Packet
Apr 6
Public Hearing @ 7:30 PM
Apr 12
Chapel Hill Planning Board
(Recommendation)
Apr 18
Carrboro Planning. Board
(Recommendation)
May 4
Chapel Hill Town Council (Decision)
May 8
Carrrboro Board of Aldermen
(Decision)
May 9
PB Abstracts Due
May 26
Copy /Distribute PB Packet
May 31
PB Recommendation (Regular
Meeting)
Jun 7
BOCC Abstracts Due
Jun 15
BOCC Regular Meeting (Decision)
Jun 29
F7=_ Date Changed or Subject to Change
39
Orange County, North Carolina
JPA Public Hearing Schedule
- For October 2, 2000
JUL
AUG
SEP
OCT
NOV
DEC
Filing Deadline -5:00 PM
Jul 21
Accept/Reject by:
Jul 26
Agency Review Requests
Jul Z8
Abstracts Due for SOCC Agenda
Review (Legal Ad Due)
Jul 31
SOCC Agenda Review
Aug 1
BOCC Approval of Legal Ad
Publication
Aug 15
Planning Board (Review)
Sep B
Sign Posting Deadline
Sep 15
Adjoining Property owners -
Mallout
Sep 15
Legal Ad to Newspapers
Sep 15
Publish First Legal Ad
Sep 20
PH Abstracts Due
Sep 20
Copy/Distribute PH Packet
Sep 25
Publish Second Legal Ad
Sep 27
PUBLIC HEARING @ 7:30 PM
Oct 2
Chapel Hill Planning Board
(Recommendation)
-Oct 17
Carrboro Planning Board
(Recommendation)
Oct 19"
PB Abstracts Due
Oct 23
CanThoro Board of Aldermen
(Decision)
Oct 24•
Copy/Distributs PB Packet
Oct 25
PB Recommendation (Regular
Meeting)
Nov 2
Chapel Hill Town Council
(Decision)
Nov 13
BOCC Abstracts Due
Nov 21
BOCC Regular Meeting
(Decision)
Dec 4
Date Changed or Subject to Change
A
Orange County, North Carolina
BOARD OF ADJUSTMENT CALENDAR FOR YEAR 2000
h.IroberNbrdedlsNnov991rpd
JAN
I FEB
I MAR
APR
MAY
i JUN
1 JUL
AUG
SEP
OCT
NOV
DEC
Jan 2001
Public Hearing
Monday @ 7:30 PM
Jan 10
Feb 14
Mar 13
Apr 10
May 8
Jun 12
Jul 10
Aug 14
Sep 11
Oct 9
Nov 13
Dec 11
Jan 8
Filing Deadline Friday
@ 5:00 PM
Dec 10
Jan 7
Feb 11
Mar 10
Apr 7
May 5
Jun 9
Jul 7
Aug 11
Sep 8
Oct 6
Nov 10
Dec 8
Accept/Reject by:
Dec 17
Jan 14
Feb 1S
Mar 17
Apr 14
May 12
Jun 16
JuE 14
1 Aug 18
Sep 15
Oct 13
Nov 17
Dec 15
Sign Posting Deadline
Dec 22
Jan 28
Feb 25
Mar 24
Apr 20
May 19
Jun 23
Jul 21
Aug 25
Sep 22
Oct 2O
Nov 22
Dec 22*
Adjoining Property
Owners, Mallout
Dec 22
Jan 28
Feb 25
Mar 24
Apr 20
May 19
Jun 23
Jul 21
Aug 25
Sep 22
Oct 20
Nov 22
Dec 22*
Legal Ad to
Newspapers
I pac221
Jan 28
Feb 25
Mar 24
Apr 20
May 19
Jun 23
Jul 21
Aug 26
Sep 22
Oct 20
Nov 22
Dec 22*
Legal Ad Publish Dates
Dec 29
Jan 5
Feb 2
Feb 9
Mar 1
Mar 8
Mar 29
Apr 6
Apr 26
May 3
May 31
Jun 7
Jun 26
Jul 5
Aug 2
Aug 9
Aug 30
Sep 6
Sep 27
Oct4
Nov 1
Nov 8
Nov 29
Dec 6
Dec 27
Jan 3
Abstracts Due
Jan 3
Feb 7
Mar 6
Apr 3
May 1
Jun 5
Jul 3
Aug 7
Sep 4
Oct 2
Nov 6
Dec 4
Jan 2
Copy /Distribute PH
Packet
Jan 4
Feb 9
Mar 7
Apr 4
May 2
Jun 6
Ju13
Aug 8
Sep 5
Oct 3
Nov 7
Dec 5
Jan 2
* = Date Changed or Subject to Change
h.IroberNbrdedlsNnov991rpd
r4
N
STAFF
PLANNING
BOARD
NUMBER OF DAYS
(First PB meeting) (One month deferral)
1------------ x------- - - - -75
(First PB meeting) (One month deferral)
45----------- x----- - - - - -- -105
M
STAFF
PLANNING
i : ' l
BOCC
N
vision Ti'meli'ne Pr
NUMBER OF DAYS
(First PB meeting) (One month deferral)
1------------ x------- - - - -85
(First PB meeting) (One month deferral)
55----------- x--------- - - -105
85 - - --
- - - - - -- 105 ----- - - - - -- 135---- - - - - ->
C* rl
NUMBER OF DAYS
(First PB meeting) (One month deferral)
STAFF 1------------ x------- - - - -75
(First PB meeting) One month deferral)
PLANNING 45 ----------- x ------------
BOARD
F
0
Lrl
It
STAFF
PLANNING
e, .
NUMBER OF DAYS
1------ - - - -85
85----- - - - - -- -130
BOCC 175------------ - - - - -- -220