Orange County NC Website
Browse       Search
316 <br />(3) The Board of County Commissioners may shall direct the Planning Board to <br />If thp- Roard of County <br />provide a recommendation by a date certain$. <br />(`gmmissigners Ages ng4 sg rlirer4 Oho Planning QgaFd- droll make i4s <br />(4) If the Planning Board fails 4g make o rennmmenrJo4inn y.githin Oho time allgttAd <br />9 The <br />Planning Board shall make a general recommendation on whether a project <br />should be approved or denied based upon information entered into the record at <br />the public hearing but shall not make the findings required in Section 5.3.2(A).'o <br />(5) After receipt of any Planning Board recommendation and closure of the public <br />hearing, the Board of County Commissioners shall take action upon the <br />application. This action shall be one of the following: <br />(a) Approval; <br />(b) Approval with conditions; or <br />(c) Denial. <br />For Class B Special Use Permits, the following shall apply: / <br />1) The Board of Adjustment shall review the application during a regular! <br />scheduled public hearing. <br />(2) Board of Adjustment shall conduct the hearing in acc ance within the <br />provisi s detailed in this Section as well as those co fined within Section 2.12. <br />(3) After comple i of the public hearing, the Bo of Adjustment shall take action <br />upon the applica This action shall be e of the following: <br />(a) Approval; <br />(b) Approval with cond' or <br />(c) Denial. <br />2.7.9 Standards of Evaluation <br />The following specif' tandards shall be used in deciding on an applic 'on: <br />(A) The lect meets all applicable design standards and other require is of this <br />finance. <br />The development can reasonably be completed within the vesting period reques if <br />any. <br />s It has been the County's practice for several years to hold the public hearing open until a date /time certain in order <br />to receive the Planning Board's recommendation. A determination was made by the former County attorney several <br />years ago that this practice was necessary in order to meet State requirements for the public hearing process. <br />9 This section is irrelevant due to the practice of holding the public hearing open until a date /time certain in order to <br />receive the Planning Board's recommendation. <br />10 Because the Planning Board will not officially attend the quasi-judicial public hearing (individual members may <br />choose to attend but a quorum of Planning board members will not be necessary in order to conduct the public <br />hearing), the Planning Board may not make findings. However, the Planning Board may make a general <br />recommendation to the BOCC on whether a project should be approved or denied. Alternatively, the Planning <br />Board could be removed from the approval process for Class A Special Use Permits (and apparently was not part of <br />the process more than 10 years ago, but was made part of the process via procedural policy several years ago which <br />became codified when the UDO was adopted in 2011). However, it could be problematic to implement this idea <br />from a procedural standpoint when a project might require both a rezoning and an SUP (as in the case of Conditional <br />Use). For this reason, staff is recommending that the Planning Board recommendation on Class A SUPS would be a <br />general recommendation rather than one that requires that findings be made. <br />Return to Agenda <br />