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HomeMy WebLinkAboutAgenda - 03-14-2000-9bORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 14, 2000 Agenda Abstrac- Item #1-b SUBJECT: Text Amendments to Subdivision Regulations and Zoning Ordinance DEPARTMENT: Planning R Inspections PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): Minutes, August 23, 1999 Public Hearing Minutes, November 4, 1999 Planning Board Meeting Proposed Ordinance, Original Proposed Ordinance from Planning Board Proposed Ordinance from Administration Calendar of Meetings INFORMATION CONTACT: Robert P. Davis, Planner III (Ext. 2580) TELEPHONE NUMBERS: Chapel Hill 967 -9251 Hillsborough 245 -2575 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. Applicability: S _ubdiv_ision Regulations: These regulations shall govern each and every subdivision or re- subdivisior of land within Orange County outside the subdivision jurisdiction of any incorporated municipality in the County. Zoni Ordinance: The entirety of Orange County lying outside of the municipalities therein and their extra - territorial jurisdictions, if any. Existing Te t and Proposed Changes: See attached document for existing text and proposed changes. Proposed Chan es: • Revises time constraints in both the Subdivision Regulations and Zoning Ordinance. • Amend the appeal procedures for Minor Subdivisions. G: /robert/textamed.doc /Mar00 /rod 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/Mar00 /rad 3 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 property 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 ernie 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 -13-7 (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 clarify 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 I.n...,i.,.l - ik.. ..—A A— : ... li......1 M......... M -1 LJSII..L...........k AI-4L. f�-P^Hmn I Manager Link reiterated that day care centers are very highly regulated by the 2 state. 3 Planning Board Member Barry Katz sought clarification of some language that hat 4 been struck from the amendments. 5 A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to 6 refer the proposed zoning text amendments for child care facilities to the Planning Board for 7 recommendations to be returned to the Board of County Commissioners no sooner than November 3, 8 1999. 9 VOTE: UNANIMOUS. 10 11 b. Amendments Related to Time Constraints for Development Review and 12 Procedural Changes 13 (1) Article 1, General Provisions; 14 (2) Article 2, Section 2.3.3.7, Board of Adjustment Administration; 15 (3) Article 3, Establishing of Zoning Districts and Atlas, Section 3.5, 16 Maintenance 17 _ Responsibility; 18 (4) Article 6, Section 6.29.3, Development Standards for Economic 19 Development 20 Districts, E Development Review Meeting; 21 (5) Article 8, Special Uses 22 (a) Section 8.4.3, Zoning Officer Prepares Analysis and 23 Recommendation; 24 (b) Section 8.4.4, Recommendation Submitted to Planning Board or 25 Board of Adjustment; 26 (c) Section 8.4.6, Planning Board Action on Class A Special Use 27 Permits; 28 (d) Section 8.5, Action Subsequent to the Board Action; 29 (6) Article 20 Amendments 30 (a) Section 20.3.3, Zoning Officer Prepares Analysis and 31 Recommendation; 32 (b) Section 20.4, Referral of Amendment Application to Planning 33 Board; 34 (c) Section 20.7.2, Action Subsequent to the Date of Public Hearing. 35 36 Orange County Su 'visiqn Regulation Text-Amendmants 37 Planning Director Craig Benedict made introductory remarks. Planner Robert Davis madE 38 the presentation of the proposed text amendments. 39 a. Amendment Related to Time Constraints for Development Review and 40 Procedural Changes 41 (1) Section I, Purpose, Authority, Jurisdiction; 42 (2) Section III, Application and Approval Procedures; 43 (a) Section III -B -1 (Classification of Subdivisions) determination of 44 Classification; 45 (b) Section III -C -1 (Approval Procedures for Minor Subdivisions) 46 Concept Plan Submission; 47 (c) Section III -C -3, Review and Approval Procedures; 48 (d) Section III -C -5, Appeal Procedures; 49 (e) Section III -D -1.d (Approval Procedures for Major Subdivisions) 50 Neighborhood Information Meeting; 51 (f) Section III- D -1 -e, Planning Department,Review,Procedures; 52 (g) Section III- D -1 -f, Planning Board Review and Approval 2 3 5 6 9 10 11 12 13 .14 °15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 D Procedures; (h) Section III- D -1 -g, Action Subsequent to Approval; (1) Section III- D -1 -h, Appeal Procedures; (j) 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- D -2 -e, Appeal Procedures; (n) Section III -0-3 -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. 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 IV -13-10, 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 D. SORTS RRESENTED_BY COUNTY - MANAGER JOHN LINK 34 1. Changgs to Commission!grs'Meetinaachedule. 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, 9999: 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 96, 9999: 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, 9999: 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 42: 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 Strayhom. 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 timeframes 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. (If 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 staff, 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 5t' 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 5`h, 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 2nd, 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 Mer was a motion and a second to adjourn the meeting. Preparlogy The meeting was adjourned at 10:10 p.m. pproved By Date 12 Original Ordinance proposed at Public Hearing, Text Amendments to the Subdivision. Regulations Regarding Time Limitations eewt text indicates deletions. Sold text indicates proposed changes. Em posed 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. ARplications to be Processed Ex editiousl 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 -B -1 (fifth paragraph) made, the eubdiyisien. All sueh appeals must be r The Planning Department's determination of classification may 'be appealed by filing a major subdivision request and following requirements in Section Ill -D entitled ARprovall Procedures for Major Subdivisions. WIN _ (page 9 — Subdivision Regulations) Concegt Plan Submission Section III -C -1 (fourth paragraph) (page 1.1 -- Subdivision Regulations) Review and Approval Procedures Section III -C-3 (fourth paragraph) submi#ed. 13 (page 12 — Subdivision Regulations) Appeal Procedures Section III -C -5 (first and second paragraphs) applieable, all Final Plate shall GG�t._RiR ;RfA_FffiaUeFi and!eF eenditiei;s 8PPFeyed by tl:ie Planning 13sai The Planning Department's decision regarding a minor subdivision application may B appealed by filing a major subdivision request and following requirements in Section III - entitled Al2proval Procedures for Major Subdivisions. - REM - - ._ (page 14 — Subdivision Regulations) Neighborhood Information Meeting Section III -D -1.d (first paragraph - second. sentence) The Neighborhood Information Meeting (NIM) shall be held withiR 45 days of aeseptaRee a minimum of 14 days prior to the -Planning Board meeting at which tt concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail 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) %AAthiR WAY (39) days ef the date ef the NeighI99Fheed WeFFRatien Meeting eF Within sweh fuFt The Planning Department shall submit to tl Planning Board its recommendation, including a written analysis of the Concept Plan; its genes compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicat codes and ordinances, and the comments of neighboring property owners expressed at tl Neighborhood Information Meeting. (page 14a — Subdivision Regulations) Planning Board„ Review and Approval Procedures Section III-D-1 -f (fourth paragraph) :Phe Plwink;g BeaFd shall take astieFi WMiR feAY fiV8 (46) days ef the Fneet!Rg in whish the Pla (page 14a — Subdivision Regulations) Action Subs went to Apgroval Section III -D -1-g (third paragraph) From the date of approval of the Concept Plan Development Options by the Planning Board, applicant shall have two (2) years in which to prepare and file an application I. 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) 6meal Procedures III -D -1 -h (first paragraph) The decision of the Planning Board regarding Concept Plan Development Options may be appealec to the Board of Commissioners. Any appeal shall be filed within 3 days after the date of the Planning Board's decision. The Board of Commissioners shall have final approval 'authority, and where applicable, all Concept Plan Development Options shall contan .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) RhiR " five (45) days ef the d I F te-AMe ef the GeRsept Plan eF WithiA swel; fwtheF tiM The Planning Department shall submit to the Plannin] Board a written analysis of the Concept Plan and its recommendation. (page 14d - Subdivision Regulations) PlanninEL.Board Review and Al3proval Procedures Section III -D -2 -c (third paragraph) .The PlaRF41:19 898Fd shall take aegen eR the PFGPGSa4 WithiA fGkY-flye (45) days ef-the Fseeting (page 14d -- Subdivision Regulations) Action Subsequent 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 of (4) yeaF two (2) years in which to prepare and file an application for Preliminary Plat approval. If Preliminary Plat for the subdivision has not been submitted within the. specified time limit, tl Concept Plan shall become null and void.. - (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 Commissioners. Any appeal shall be filed within 3 days after the date of the Planning Boarc decision. , The Board of Commissioners shall have final approval authority, ai where applicable; all Concept Plans shall contain information and /or conditions approved by 1 Board of Commissioners. 1'r (page 18 — Subdivision Regulations) Plannin De artment Review Procedures Section III -D -3 -b (fifth paragraph) Upon receipt of the comments and recommendations from review officers and agencies, the'Plannir Department shall submit to the Planning Board a written analysis of the application and i recommendation. .�.,,,� __r, _._�... .. (page 18 — Subdivision Regulations) Plarinling Board Review Procedures Section III -D -3 -c (third paragraph) e (45) days ef the Fneeting-i - - -- - - - . - r-. . , (page 19 — Subdivision Regulations) Board of Commissioners 'Review and AgProval Procedures Section III -D -3 -d (first paragraph) (page 19 -20 — Subdivision Regulations) Board of Commissioners Review and-Anproval Procedures Section III -D -3-d (fourth paragraph) ef the r-N 31 (page 24a — Subdivision Regulations) Review and A ogroval 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. ' fte se (page 24a — Subdivision Regulations) Review an groval Procedures Section III -D-4 -b (fourth paragraph) 16 Page 24b — Subdivision Regulations) Appeal Procedures Section Ill -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 shall 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. within ten days afteF said des-slen is made (page 79 — Subdivision Regulations) Action Subsequent to the Date ,of Public Hearing Section VII -D-4 (third paragraph) the BeaFd ef Gemmj --ith-R qM'FPAty flye (75) days afteF sweh amendments have heeR Text Amendments to the Zoning Ordinance Regarding Time Limitations StFikethFe"k 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 Expeditiously 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 ft. , , The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within fifteen Appeal. (4 6) days fFeFR the date ef the Natirse ef at its next regularly scheduled meeting. 17 (page 3 -1 —Zoning Ordinance) Maintenance Res onsibili . Section 3.5 The Zoning Officer shall be responsible for entering amendments to the Official Zoning Atlas. 46,6K (Appendix B Zoning Ordinance (EDD Design Manual)) Approval Procedures /Site Plan Re uiremenl Section 6.29.3 E. Development Review Meeting The Development Review Meeting will take place on the scheduled date Conference Room #1 of the Planning and Agricultural building. (page 8-4 — Zoning Ordinance) Zoning Officer Pre ares Anal sis and Recommendation Section 8.4.3 (first and second paragraphs) Officer shall cause an analysis to be made of the a lication b .The Zonin PP y qualified representatives of th County and such other agencies or officials as -appear appropriate in the Comprehensive Plat zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon the analysis., prepare a recommendation for consideration by,. in the case of a Class A, Special Uses, th Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, th Board of Adjustment. (page 8- 4- Zoning Ordinance) Recommendation Submitted to Plannin Board or Board of Ad'ustmer Section 8.4.4 The Zoning Officer shall submit the analysis and recommendation to the fi* reg6la- FneetiRg Planning Board., in the case of Class A, Special Uses, or the Board of Adjustment, in the case of th, Class B, , Special Uses, (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, shall prepare and submit for the Board of County Commissioners ; 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 bi sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zonin'. Officer. M (page 20 -2 –Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation Section 20.3.3. The Zoning Officer shall, within cause an analysis to be made of the application and, based upon that analysis, prepare a recomm p endation for consideration by the Planning Board and the Board of County Commissioners. ■ _ - ■ A- ....... - _ 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 Planning Board for consideration and recommendation to the Board of County Commissioners. at =Illl� (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. 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 until the Planning Board makes *4 its recommendation. , 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. Applications to be Processed Ex editiousl 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 Y 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 DepaFtment's deteFFRInatien of Glassifle-Ation may be The Planning Board in all such appeals shall make findings of fact in support of its decision and shall notify the subdivider in writing., of its deeisien withm teR (19) days afteF said deGisieR is made. Section 3. (page 9 -- Subdivision Regulations) Concept Plan Submission Section III -C -1 (fourth paragraph) Section 4. (page 11 -- Subdivision Regulations) Review and Approval Procedures Section III -C -3 (fourth paragraph) submitted. ' . Section 5. (page 12 - Subdivision Regulations) Al2Qeal Procedures Section III -C -5 (first and second paragraphs) G:/IoberdPlRnRT)TYT ,inr /nnvQ9 /mA 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 ten (I Q) days afteF said 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 applisn*;°nand- Retiees 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) Ohth;R thiFty (39) days of the date ef the NeighbGFheed WeFmafieR Meetw@ 9F WithiR 6-1-18h 4-14 t+pae -met er e�' *^ ;.. WFitkig by - the applioaRt, 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. F989mmei;ded without oenditiens. 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 Plann',no BeaFd shall take aetien within feFty five (46) days ef the Fneetkiq iR whieh the Planning . 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 Aeproval Section III -D -1 -g (third paragraph) 01. 1...1.e IDDADn'rVT A.,.. /.....AO /.-..A 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) Appeal 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, the Develepment Qptiens shall be plaeed en the next 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 fiye (46) days ef the date ef aeeeptaRGe Of the G9Rsept RIaR eF WithiR 861619 fwthW time The Planning Department shall submit to the Planning Board a written analysis of the Concept Plan and its recommendation. if the P18RAiRg Pepa*ReRt , 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 Plannii;q BeaFd shall take aetiei; wi the PF9pesa4 withiR feFty five (45) days ef the meeting at ut eeRditieFis. 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 () 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 i:• /rnha�mLf"lbTITVT A__ /- __.nn /�J 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 16 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 fled at the same time as the written appeal. if appealed, c eWd of GeFnFniss;eReFS. 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 (46.) days 0 the PlanniRg 8eaFd Fneefin at whWh the Section 18. (page 19 -20 — Subdivision Regulations) Board of Commissioners Review and A roval Procedures Section III -D -3 -d (fourth paragraph) The BeaFd ef G8FF1FF1iS9i9F18F8 shall take aeti Fepesal within feFty five (46) days of the elese 23 GemmiesqeFieFs fails te take aetieR withiR the spesified time PeFied, eF exteRsieRs thWee�, the Beard 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. withiR ten (19) days a#eF said des;sien is made. Section 20. (page 24a -- Subdivision Regulations) Review and A roval Procedures Section III -D-4 -b (fourth paragraph) The PlaRRing DepakmeRt.shall take aetieR within feky five (46) days ef the date of aeeeptaRse of the Final Plat applieation 9F within abioh fuFtheF time seAsented to iR WFifing by the—applieaRt. If4he 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. if appealed, the applisatien shall be plaeed OR the AeX4 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. withiR seventy five (76) days afteF SUGh ameRdFReAtS haVe been 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 Wrobert/PBORDTXT. r1ng /nnv99 /md 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 si* days (69) of Feeeipt of the applisatiaR. The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer . 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. Sal; 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 in GeRfe'^^^^ f the Planning and Agricultural Building. Section 27. (page 8-4 — Zoning Ordinance) Zoning Officer Pre are$ Analysis and Recommendation Section 8.4.3 (first and second paragraphs) Within feFty five (45) days Of the Feeeipt ef the applioation, eemplete in all 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 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, r..J .1%e tfDTV177r%TVT A— l— ,001.E A 25 Section 29. (page 8 -5 — Zoning Ordinance) Planning Board Action on Class A Special Uses Section 8.4.6 (first and second paragraphs) The Planning Board, within sixty (69) days ef the FneetiRg at whieh the 7:eRiRq Offle FeSOmmendatien is 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 Subse uent 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, within 30 days of the Feeeipt ef aR applisatieR te amend the 7=eRiRg 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. si)dy (60) days. The 30 day PF9YiSieR shall Fiet apply te appli%WnS f8F ame;;dmeRt te the Z:eRiR@ Section 32. 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 Planning Board for consideration and recommendation to the Board of County Commissioners. ate 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. 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. r.-/rnhPrt/PT10D YTYT a,.,,i.. —nnj —A 9 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 r sixty '60'_ days after the fiFst date of the publi~- hearng e■ until the Planning Board either makes Ws its recommendation or takes no action on the application within two regularly scheduled meetings. , whieheyer ,.eme,. 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. Clerk, Board of County Commissioners Chair, Orange County Commissioners (Signature) (Signature) Date and Seal ADMINISTRATION PROPOSAL 2, 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- writinc 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 Processea 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 sw6d2Y*deF wishes to appeal the dee-sien of the Planning DepaFtment FegaFding the FegulaF meeting. The Planning BeaFd shall haye final eppFe-val allthOFity FegaFd'-ng elassifleatien e the subdavis;en. All sueh appeals Fnust be Fnade, in WFitiFig, within thiky (30) days ef the desision a the Planning DepaFtment. The Planning Department's deteFminatmen of elassifleatien FnayA3e Section 3. (page 9 — Subdivision Regulations) Concept Plan Submission Section III -C -1 (fourth paragraph) agent. The Planning Depaknient shall semplete 'its Feyiew ef the Geneept Plan within feuFteen (14) days--e4 submission by the appileant. One (1) eepy ef the Geneept Plan shall be Fetained by the Plan" 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., in ding any ........ , ......... --1 11- kTV/ eensented to by Witten uuYv ,v,,� ty fFE)FA thR , Pepaknient fails te FendeF a netiee ;;R, r-;4A* - if the Planning 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 applieatien shall be plaeed on the Re*1 FegulaF FneetiRg agenda of the Planning BE)aFd. The Board of County Commissioners shall have G: /robert/ADMINORD. doc /n ov99 /revFeb00 /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. within ten (101 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 4154-days of aeeeptaFiGe Of 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) Within thiFty (30) days of the date ef the N ed WeFFRati8n Meeting OF WithiR sweh fuFthef 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. if the Planning DepaFtment fails to pFepare a FePeFt to the Planning Beam— within the spee-fied time peFied, eF extensieA theFeef, the GeRGept R!aFl . .,,,......,.,...ended without eeae +ties. 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 Planning BeaFd shall take aetieA.within foFty fiye (46) days ef the meetiAg in whirSh the PlanR'F@ applioaRt. if the Plan falls te take aetien within the speeified time PeFied, OF extensi Development eptiens witheut .- diti.- ns. 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 App royal 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 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) Appeal Procedures G:/ robert/ ADMINORD.doc /nov99 /revFeb00 /rpd ADMINISTRATION PROPOSAL Z` 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) Planning Department Review Procedures Section III -D -2 -b (second paragraph) Within feFty flye (45) days ef the date of aeoeptanee ef the Geneept PleFi eF within sUGh fUFtheF ti eensented to 1A Witing by the applirvant, The Planning Department shall submit to the Planning Board a written analysis of the Concept Plan and its recommendation. if the Planiling Depa&Aen r , 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 Approval Procedures Section III -D -2 -c (third paragraph) Witing by the applaeant. if the Planning BeaFd fails te take aetien within the speeified Wne peFied, Of 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 Subsequent to A roval Section III -D -2 -d (second paragraph) From the date of approval of the Concept Plan by the Planning Board, the applicant shall have erne (1) yea r 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. # ��r �-. . , ........... . . ...... .........1 vv vjuv The Board of Commissioners shall have final approval authority, and, where G: /robert/ADMINORD. doc /nov99 /revFeb00 /md 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 FePOFt shall be PFePaFed and submitted to the Planning BeaFd within eighty flye (86) days ef the date of aeeeptanee of the applieatien OF within sUGh tiFne GOnseRted t9 iA WFitiPeg . 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) whieh the Planning , Witing by the applaeant. if the PlanniFig BeaFd fails te take aetieFi within the speeified time peFied, ef Development eptions without eeFiditiess. 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 AQ12roval 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) Planning 1388M Fnel ish the Section 18. (page 19 -20 — Subdivision Regulations) Board of Commissioners Review and Approva l Procedures Section III -D -3 -d (fourth paragraph) The BeaFd of GemmissieReFS shall take aeAeR en the ffepesall flye (45) days ef z.z.v. QTR. GvuvII vr,H1n, L,.v V,/vv...VV u...v V-1-1 — - -- -.v..v w..v........, ..... of GemmissleReFS May be deemed to appFeVe the applieatien without 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: /robert/ADMINORD. doc /nov99 /revFeb00 /rpd ADMINISTRATION PROPOSAL 3: 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. within ten (10) .-1.-ys afteF San deensien is made. Section 20. (page 24a — Subdivision Regulations) Review and A roval Procedures Section III -D -4 -b (fourth paragraph) The Planning Depai:tmeFit shall take aetien within feFly We (46) days Of the date Of aeeeptSF48e Of Final Plat applioatien eF within swah fuFtheF time eeFisented te OR Witing by the applieent. if th Planning DepaFtment fails te take aetien within the speeified time PeFied, OF extension , 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. if appealed, the .,pplieatieR shall b;, .-.i.,r. d eH +4..... e)d "laF meeting .,genda of the BeaFd of G,.... missi...R _ The Board of Commissioners shall havE final approval authority, and where applicable, all Final Plats shall contain information and/01 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. days afteF said deeisien is made 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, tc the Board of Commissioners. Fefeffed to the Planning Beapd. FailUFe te submit a Feeemmendatien within the speeified peded shall 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 AARlications 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: /robert/ADMINORD. doc /nov99 /revFeb00 /rod 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 exeeption of appeal 9f 8 Step WGFk QFdeF, The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within fifte (4-5 ` ' I ' I the date of the Netie ' of Appeal. at its next regularly scheduled meeting. Section 25. (page 3 -1 — Zoning Ordinance) Maintanance Responsibility Section 3.5 The Zoning Officer, or designee, shall be responsible for entering amendments to the Official Zoning Atlas. Sueh eAtFieS Shall be Fnade will i WG*ing days of the date ef passage of sueh ...,.,.,.,d m ntom 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 in GenfeFenee ReeFn #1 Gf the Planning and Agricultural Building. Section 27. (page 8 -4 — Zoning Ordinance) Zoning Officer Prepares 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. ham AA'MM%&9 Section 28. (page 8 -4- Zoning Ordinance) Recommend tion 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 Special Uses Section 8.4.6 (first and second paragraphs) G: /robert/ADMINORD. doc /nov99 /revFeb00 /rod ADMINISTRATION PROPOSAL Y The Planning Board, within sixty (60) days of the Fneeting at whieh the Zeming Offie& ,,.,data n it submitted, shall prepare and submit for the Board of County Commissioners 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 shal 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 30. (page 8 -6 — Zoning Ordinance) Action Subse uent 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 c-eFtified 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 Prel2ares Analysis and Recommendation Section 20.3.3 The Zoning Officer shall, within 30 days ef the Feeeipt ef an applieatieR te amend the Zoning Atlas cause an analysis to be made of the application and, based upon that analysis, prepare E recommendation for consideration by the Planning Board and the Board of County Commissioners, The 30 day peFled may be ex4ended with the Witten eensent of the applisant, up to a MaAMUM el si)dy (60) days. The 39 day pFavision shall net apply te appineatienS feF ameRelffleRt te the Zenine Section 32. Page 20 -3 — Zoning Ordinance) Referral of Amendment A120lication 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 P-Mr.= Section 33. (page 20-4 - Zoning Ordinance) Action Subsequent 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/ADMTNORD. doc /nov99 /revFeb00 /rpd ADMINISTRATION PROPOSAL 1 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. The Board of County Commissioners shall not consider enactment of the proposed amendment e sixty (60) days afteF the fiFst date of the publie heaFo.ng until the Planning Board either makes this its recommendation or takes no action on the application as prescribed in this section. ; i.yhwr.-heyP—r GaFneS fi " S*. 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 /nov99 /revFeb00 /rpd (Signature) Chair, Orange County Commissioners m a n SL 9 A h u w m tcc o� 3z �Z a ) O m 0 o s co m a co m �� �° °° �' c, y0 aQ a, n°. P. cr r°o w m CD cr m _ m o a 0 z z. n n n C C d � m "Co N in m m m m -� i C 40+ cr m W V N O n K � a z C CD w W rr m � w �. Z c a 1 s a n a K m ha ry m m m m a c 0. a Qn c M y a ;(J co CA n S S c a C7 r c � N N � w N N Z c C ch �n m O N V V V m I co om . cn f m > � kCC'D3 CQ to lo .06 ° X 0 0 0 0 m [ca o C7+ O cD 1`1 N y N p C C C C O O C a to co N CA O 0 o ° ° m c z z C7 Ci Cl) co C C Lr1 N N N G - 0 e. ro n 0 n 0 no p m ;a m rII a n w-n 3 m ea 3 �. n m m C J2 m m n m -' Ip fD y C .00 ca 23 c�"p G d At M = 0 m 1 cl CD o° o 0 o z na. j n a 0 C C C -4 W 4, m m 03 m s 03 N m N CO CD m i cc Q' .Ni p0 N a @ m m m "0 Cr - � N ..t ..t i � - m 23 ID `" a Z ha N -4 cr Cr � � m a n a 1^0 Y, CD L" Cl) �r 0 CD 0 m m a n a c w Cc � n� � a. 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C7 to � to C cr o C a1 V O As r; m 3 � = cr c 0 0 z CD CL y a ep W �. j Q Yr a z 10 > > C. m i cn p CD A m a A 'a 'a .0 �e i N Cl O i.1 19 V N a N C- C: Z r C C c r C v Q d W. �i W CA m O a o 0 0 o z O m n mn O CD Su N O' CD 0 E 3; Orange County, North Carolina 38 JPA Public Hearing Schedule For April 12, 2000 Filing Deadline - 5:00 PM AcceptlReject by: Agency Review Requests Abstracts Due for BOCC Agenda Review (Legal Ad Due) JAN. Jan 26 Jan 31 FEB Feb 01 Feb 14 MAR APR MAY JUN BOCC Agenda Review Feb 15 BOCC Approval of Legal Ad Publication Feb 29 Planning Board (Review) Mar 1 Sign Posting Deadline Mar 24 Adjoining Property Owners' Mailaut 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 g 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 = Date Changed or Subject to Change Orange County, North Carolina JPA Public Hearing Schedule For October 2, 2000 JUL Filing Deadline . 5:00 PM Jul 21 AcceptlReject by: Jul 26 Agency Review Requests Jul 28 Abstracts. Due for BOCC Agenda Review (Legal Ad )ue) Jul 31 BOCC Agenda Review BOCC Approval of Legal Ad Publication Planning Board (Review) Sign Posting Deadline Adjoining property Owners' Mailout Legal Ad to Newspapers Publish First Legal Ad PH Abstracts Due Copy/Distribute PH Packet Publish Second Legal Ad PUBLIC HEARING @ 7 :30 PM Chapel Hill Planning Board (Recommendation) Carrboro Planning Board (Recommendation) PB Abstracts Due Camtoro Board of Aldermen (Decision) Copy/Distribute PB Packet PB Recommendation (Regular Meeting) Chapel Hill Town Council (Decision) BOCC Abstracts Due BOCC Regular Meeting (Decision) " = Date Changed or Subject to Change AUG Aug 1 Aug 15 SEP Sep 6 Sep 15 Sep 15 Sep 15 Sep 20 Sep 20 Sep 25 Sep 27 OCT Oct 2 -Oct 17 Oct 19" Oct 23 Oct 24* Oct 25 NOV DEC Nov 2 Nov 13 Nov 21 . Dec 4 39 z e a 0 co u m m 2a 3'0 :e w o a o o a �' = a, O t0 CD m 0 O eo 0 cc '00 CL ... O m t3 M wad m a � a ED Cr c cr cm C co 0 in • -0 i Pip CA ` CL CL •• 3 c w a CL CD, C_ C_ d o v o v o o 0 A W tJl c N N N -1 O A to C. E.. L Cr tD -1 ep N co A y m A -,n 3 � cm �, �, C-0 W m w m 0) M -, -, m V a * w C" o a M a a a a W O C Q y CD e. c. �s•s C C- CD W CA m 1� CA �N �. �a C w w cri cN w w w w cc a• r w w m e c 07 -1 in co N -N�, .gyp S. V tc C Gi CD ca co -o *0 cm m w to cc v m rn on o w w w c ; v CD CD m O O •v -cDa V -moo z z z 0 0 0 0 0 o z v 03 m-� a o c w 4m w O O v Z z Z z z z O 0 0 0 c.04 c n m C1t A m N N V O �' C1 C- CD M s N N W V 0 ly a N o hl CD m W . cc m m X 0 C. CA O t0 CD m 0 O 0 > O m a rri C 0 . o • Subdivision 42 (Administration Recommendation) STAFF PLANNING BOARD NOTE: NUMBER OF DAYS (First PB meeting) (One month deferral) 1 ----------- 45--- -- - - -- 75 (First PB meeting) (One month deferral) 45--------- -- 75----- - - - - -- -105 1) Planning Board Recommendation has same timelines as above. 2) Different wording, same as previous regulations. Subdivision (Current Process) NUMBER OF DAYS (To PB by day:) STAFF 1------- - - - -85 (Recommendation to BOCC by:) PB 85--- - - - - -- -130 (Decision by:) BOCC 175----- - - - - -- -220 43 44 Subdivision Administration Recommendation NUMBER OF DAYS (To Planning Brd) (I month deferral) STAFF 1--------- 55--- - - - -85 (Same as current) (I" PB) (I month deferral) (1 month deferral) (Shorter time) PB 55------- 85-- - - - - -- -115 (earliest date) (2nd date) (3'd date) BOCC 85--- - - - - -- 115- - - - - -- 145-- - - - - -> (90 days to be placed on an agenda) (Table pending further review) Planning Board recommends that after the item is placed on BOCC a enda the decision is to be made within 60 days. .