Agenda - 09-06-2012 - 6a - Laserfiche WebLink

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5 The purpose of the proposed amendments is to align Orange County land use and zoning classifications with the City of Durham's Urban Growth Area located within Orange County. In addition, implement recommendations of the Eno EDD Small Area Plan (2005-2008) and implement aspects of the Stoney Creek Basin Study (1994-1996). The City of Durham is concurrently amending land use designations within their Comprehensive Plan [i.e. part of their Urban Growth Boundary (UGB)] to be consistent with these amendments and will wait until Orange County completes its process. Joint neighborhood information meetings with City of Durham staff were on February 22, 2012 and April 25, 2012 at The Murphey School (3717 Murphey School Rd., Durham, NC 27705). Interested persons were encouraged to attend these neighborhood information meetings to learn more about this proposal. Comments are part of Attachment 5. Quarterly Public Hearing(s): Excerpts from the February 27, 2012 minutes and the draft May 29, 2012 minutes are attached. Procedural Information: In accordance with Sections 2.3.10 and 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. Planning Board's Recommendation: The Planning Board recommended approval of the land use amendments (10-1) and zoning amendment (9-2). An excerpt from the draft minutes of the August 1, 2012 Planning Board meeting is attached. Planning Director's Recommendation: The Planning Director recommends approval of this rezoning based on the following: i. The land use and zoning are consistent with the adopted Comprehensive Plan, which designates the parcels as being located within the Commercial-Industrial Transition Activity Node or with this amendment Economic Development Land Use. ii. The rezoning is consistent with various Principles, Goals, and Objectives of the adopted Comprehensive Plan (see attachment 14). Staff has been made aware of a recent State Supreme Court decision impacting how zoning atlas amendments are processed and acted upon. In the past, staff has produced an Ordinance amending the zoning atlas containing a statement detailing how the amendment is consistent with the goals and policies of the Comprehensive Plan and is in the public interest. The State Supreme Court in Wally vs. City of Kannapolis (2012) has determined governing bodies are required to take two separate actions acting on a proposed atlas amendment, specifically: • Adoption of an Ordinance approving or rejecting the proposed atlas amendment, and