Orange County NC Website
Browse       Search
then a Conditional Use Permit cannot be denied on the basis of one of those general criteria if <br />the basis for such denial involves a development or would affect a development that has <br />previously been specifically addressed and approved in the Master Plan process unless one of <br />three things has been found to be true. Those three things are: 1) it can be demonstrated that <br />the information presented to the Board of Aldermen at the Master Plan approval stage was <br />false, 2) conditions have changed substantially in a manner that could not have been anticipated <br />or 3) a basis for denial for reasons as set forth in Section 15-54(c) 4 is demonstrated by clear <br />and convincing evidence. <br />Commissioner Brown asked how the joint planning process figures into this process. Mr. <br />Brough stated that the decision for the Board of County Commissioners is the rezoning <br />decision, not the approval of the Master Plan or permitting issue. In as much as the two are <br />intertwined, if the Commissioners are not happy with the Conditional Use Permit or the Master <br />Plan, then they would not approve the rezoning. It is true that while the Commissioners do not <br />make decisions directly influencing the Master Plan or Conditional Use Permit, they do have <br />influence on its passage. <br />Town Manager Bob Morgan mentioned that the Town and County staffs would have to develop <br />a process to review these plans so that it moves smoothly and does not require a huge amount <br />of time to review. <br />Commissioner Brown asked that there be a greater degree of consistency of definitions in the <br />document. She complimented Carrboro on the open space component of this plan. She asked <br />for further clarification about how parks, greenways and public transportation figured into the <br />plan. <br />Morgan stated that they are currently working on the Capital Improvements Plan and the Mayor <br />has proposed a Millennium Project for capital needs. Those issues will be addressed and <br />developed further in the near future. <br />Chair Gordon asked for further clarification about the Master Planning process. <br />County Attorney Gledhill asked if there were procedures for Master Plan approval that are not in <br />this document. <br />Attorney Brough referred to Page 8 #3 which states that "if the applicant submits a proposed <br />Master Plan, then the rezoning application and Master Plan Proposal shall be reviewed <br />concurrently by the Board of Aldermen according to the same procedures and in accordance <br />with the same standards applicable to other zoning amendments." It will go through the same <br />process as the rezoning application. None of the findings that are issued when the Conditional <br />Use Permit is issued have to be specifically addressed because this is a legislative process. <br />This is a specific Land Use Plan for a specific piece of property. Whatever issues get raised and <br />addressed in the Master Plan approval process may be raised again under one of the four <br />circumstances mentioned above. He stated that the distinction between the Master Plan and <br />the Conditional Use Permit is one of detail. The kind of details in the Conditional Use Permit <br />application will not be of particular interest to the Board of Commissioners. All of the things that <br />are relevant for the Boards' consideration are going to be in the Master Plan. If they are not, <br />then one board or the other will insist that more information be included or they will not approve <br />the plan. He said that the Commissioners would be truly included in the process. <br />