Agenda - 11-19-2012 - C3 - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2012 Action Agenda Item No. C3 SUBJECT:Amendments to Unified Development Ordinance Text –Incorporate Changes Suggested by MuniCode(UDO/Zoning 2012-15) DEPARTMENT:Planning and InspectionsPUBLIC HEARING: (Y/N)Yes ATTACHMENT(S):INFORMATION CONTACT: 1.Comprehensive Plan/Future Land Use Perdita Holtz,Planner III, 919-245-2578 Map and Unified Development Ordinance John Roberts, County Attorney, 919-245-2318 (UDO) Amendment Outline Form Craig Benedict,Planning Director, 919-245- (UDO/Zoning-2012-15)2592 2.Amendment Packet PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the Unified Development Ordinance to incorporate changes suggested by MuniCode, a corporation retained by Orange County to codify the County’s ordinances. BACKGROUND: As part of the codification processfor all Orange County Ordinances, MuniCode has completed a legal review of the UDO. As a result, MuniCodehas suggested a number of corrections/updates to State statute/rule references. Except for the change suggested in Section 6.16.4,the changes are not substantive but the text amendments must go through the normal amendment process since the UDO does notallow for manifest errors to be corrected without a formal amendment. The language change suggested in Section 6.16.4in regards to the requirement for an environmental impact statement is being proposed because §113A-8(b) of the North Carolina General Statutes states that major development projects for which an environmental impact statement (EIS) is required by a Federal or State agency shall be exempt from EIS submittal requirements of a local government. However, since the local government can requirethat the applicant submit a copy of the EIS submitted to the Federal or State agency, staff is suggesting that said EIS may be required. Attachment 1contains additional informationand analysis on these amendments and Attachment 2 contains the proposed amendments in a “track changes” format(red text for proposed text and red strikethroughfor proposed deletions).Unless otherwise noted on a page, only pages with proposed changes are included. Notification Procedural Requirements Legal ads for the public hearing were placed in a newspaper of general circulation in the county in accordance with Section 2.8.6 of the Unified Development Ordinance.