Agenda - 09-08-2014 - C5 - Laserfiche WebLink

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Article 2: Procedures 103 Section 2.3: Comprehensive Plan Amendments (2) For amendments to the Comprehensive Plan text, a copy of the existing text provision(s) which the applicant proposes for amendment, and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Ordinance-, and (3) All other circumstances, factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. 2.3.9 Analysis and Recommendation The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration. by the Planning Board and the Board of County Commissioners. 2.3.10 Planning Board Review (A) Following the public hearing, all proposed amendments shall be referred to the Planning Board for consideration and recommendation. (B) The Board of County Commissioners e;ay shall direct the Planning Board to provide a recommendation by a date certain 4. The date certain shall not be less than 30 calendar days from the date of referral unless there is reasonable confidence the Planning Board can return a recommendation in less than 30 days5. �mmicc nncrc rank an e)deRGinri (C) If the Planning Board fails to make a recommendation within the time allotted in subsection (B), the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (D) than s � (E) Evidence not presented at the public hearing may be submitted in writing to the Planning Board for consideration prior to the Planning Board's recommendation to the Board of County Commissioners. The Planning Board may consider additional oral evidence only if it is for the purpose of presenting information also submitted in writing.' 4 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 since the Planning Board recommendation and any written comments received are technically part of the public hearing. 5 NCGS § 153A- 344states that: Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the board of county commissioners may proceed in its consideration of the amendment without the planning board report. The board of commissioners is not bound by the recommendations, if any, of the planning board. 6 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. (E) will be renumbered (D). At the January 8, 2014 ORC (Ordinance Review Committee) meeting, a Planning Board member questioned the practice of requiring comments in writing in order for a resident to address the Planning Board. Staff explained that the purpose of requirement is twofold: 1) to ensure the Planning Board meeting does not become a second unofficial "public hearing," which is a possibility on any controversial actions, and 2) to ensure the Board of County Commissioners (BOCC) receives the same information the Planning Board has in reaching a decision. If residents were not required to also submit in writing any oral comments made to the Planning Board, the BOCC could be unaware of some oral comments. Orange County, North Carolina — Unified Development Ordinance Page 2 -7