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ORANGE COUNTY <br />BOARD OF COMMISSIONERS AND <br />" PLANNING BOARD <br />QUARTERLY PUBLIC HEARING AGENDA ITEM ABSTRACT <br />Meeting Date: February 25, 2008 <br />Action Agenda <br />Item No. ~~-~, <br />SUBJECT: Zoning Ordinance Amendment of Planned Development review and approval <br />procedures <br />DEPARTMENT: Planning and .Inspections <br />PUBLIC HEARING: (Y/N) Yes <br />ATTACHMENT(S): . <br />1. Proposed Ordinance Amendment <br />2. NCGS 153A-342 <br />INFORMATION CONTACT: <br />Name, Phone Number <br />Craig Benedict 245-2592 <br />Michael Harvey 245-2607 <br />PURPOSE: To amend several provisions contained within "Article Seven (7) Planned <br />Development" of the Zoning Ordinance in order to insure compliance with State law concerning <br />conditions of approval proposed during the approval process of Planned Development <br />(hereafter "PD") applications. <br />BACI4GROUND: <br />Staff has determined that changes made to Chapter 153A of the NC General Statutes during <br />the 2005 legislative session have created a discrepancy between the County's current Zoning <br />Ordinance and State statutes regarding the process for placing conditions on the approval of <br />Planned Development ("PD") applications. <br />State regulations, specifically NCGS 153A-342, allows for the placement of conditions on PD <br />applications by the County or the petitioner but only: ..~. those conditions mutually approved <br />by the county and the petitioner may be incorporated into the zoning regulations or permit <br />requirements.' <br />Further, NCGS 153A-342 limits the imposition of any condition to those that are designed to <br />address the: ` ... conformance of the developmenf and use of the site to county ordinances and <br />an officially adopted comprehensive or other plan and those that address the impacts <br />reasonably expected to be generated by the development or use of the site.' <br />Within the County's Zoning Ordinance, specifically "Section 7.2.4 Imposed Conditions," the <br />establishment of conditions on PD applications occur in the following manner: <br />The Board of County Commissioners may impose such reasonable conditions <br />upon approval of a Special Use Permit for a Planned Development District as will <br />