Agenda - 05-27-2014 - C2 - Laserfiche WebLink

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Article 2 Procedures Section 2 7 Special Use Permits (3) The Board of County Commissioners +;ay shall direct the Planning Board to provide a recommendation by a date certain$ If the -Re-ard- of Geunty GerrimissiGReFs does Ret so d1FeGt, the Planning BeaFd shall make its reGGR;mendat,nn within three regularly cnherl I d moo} ((4) If the Planning Board falls to Make a reGommendation within th + II ++ d (3) above, the appliGatlen shall be, fn-n.vaarded tQ- the s The Planning Board shall make a general recommendation on whether a project should be approved or denied based upon information entered into the record at the public hearing but shall not make the findings required in Section 5 3 2(A) 10 (5) After receipt of any Planning Board recommendation and closure of the public hearing, the Board of County Commissioners shall take action upon the application This action shall be one of the following (a) Approval, (b) Approval with conditions, or (c) Denial For Class B Special Use Permits, the following shall apply / The Board of Adjustment shall review the application during a regu scheduled public hearing (2) Board of Adjustment shall conduct the hearing in ace ance within the proves s detailed in this Section as well as those co fined within Section 2 12 (3) After comple n of the public hearing, the upon the applica ' This action shall be (a) Approval, (b) Approval with cond or (c) Denial 279 Standards of Evaluation r'of Adjustment shall take action of the following The following specif standards shall be used in deciding on an applic on :'----The The ject meets all applicable design standards and other require is of this finance development can reasonably be completed within the vesting period reques any 8 It has been the County's practice for several years to hold the public hearing open until a date /time certain in order to receive the Planning Board's recommendation A determination was made by the former County attorney several years ago that this practice was necessary in order to meet State requirements for the public hearing process 9 This section is irrelevant due to the practice of holding the public hearing open until a date /time certain in order to receive the Planning Board's recommendation to Because the Planning Board will not officially attend the quasi - judicial public hearing (individual members may choose to attend but a quorum of Planning board members will not be necessary in order to conduct the public hearing), the Planning Board may not make findings However, the Planning Board may make a general recommendation to the BOCC on whether a project should be approved or denied Alternatively, the Planning Board could be removed from the approval process for Class A Special Use Permits (and apparently was not part of the process more than 10 years ago, but was made part of the process via procedural policy several years ago which became codified when the UDO was adopted in 2011) However, it could be problematic to implement this idea from a procedural standpoint when a project might require both a rezoning and an SUP (as in the case of Conditional Use) For this reason, staff is recommending that the Planning Board recommendation on Class A SUPS would be a general recommendation rather than one that requires that findings be made Orange County, North Carolina — Unified Development Ordinance Page 2 -20 141