Agenda - 01-24-2013 - 6c - Laserfiche WebLink

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2 The language change suggested in Section 6.16.4 in 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 require that 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 1 contains additional information and analysis on these amendments and Attachment 2 contains the ordinance approving the proposed amendments along with the amendments in "track changes" format (red text for proposed text and red stFikethm gl� for proposed deletions). Unless otherwise noted on a page, only pages with proposed changes are included. Public Hearing The proposed UDO amendments were heard at the November 19, 2012 joint public hearing (see draft Minutes in Attachment 3). No members of the public spoke on the proposed UDO amendments and no substantive questions were asked. Procedural Information In accordance with Section 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 Director's Recommendation The Planning Director recommends approval of the proposed UDO amendments based on the following: These amendments are necessary in order to ensure the correct State statutes /rules are referenced in the UDO and to ensure the requirements of the UDO are consistent with State statutes. Planning Board Recommendation The Planning Board considered this item at its December 5, 2012 meeting. The Planning Board unanimously voted to recommend approval of this item. The Planning Board drat minutes are included in Attachment 4. FINANCIAL IMPACT: See Section C.3 of Attachment 1. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing and 3. Decide accordingly and /or adopt the ordinance contained in Attachment 2 which authorizes the text amendments.