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

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IM Article 2: Procedures Section 2.7: Special Use Permits (3) The Board of County Commissioners may shall direct the Planning Board to provide a recommendation by a date certain$. If thL9 of GGwnty ('emmissigners rlees not se rl'res+ the Planning Board shall make its rengmmenda +inn within throe regularly sashed sled meetings (4) If the Planning Reard fails to make a regommenrtatign y.fith'n the time allotted �.AA 'n _,ubser.tien (3) above the annlioation shall he fonefa riled to the Board e 9 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: 1) The Board of Adjustment shall review the application during a regular) scheduled public hearing. (2) Board of Adjustment shall conduct the hearing in acc ance within the provis' s detailed in this Section as well as those co fined within Section 2.12. (3) After comple ' n of the public hearing, the Bo of Adjustment shall take action upon the applica ' . This action shall be e of the following: (a) Approval; (b) Approval with cond' ' or (c) Denial. 2.7.9 Standards of Evaluation The following specif' standards shall be used in deciding on an applic 'on: (A) The lest meets all applicable design standards and other require is of this inance. The development can reasonably be completed within the vesting period reques any. s 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. 10 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