Agenda - 05-12-2015 - 2 - Laserfiche WebLink

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32 Approved 11/5/14 645 Pete Hallenbeck: Yes, with a blend of the feedback and the community and public input. Also I think there is 646 representation of the areas and there is also that everybody here has a diverse skill set and drawing on both of those 647 really helps with these opinionsthat we can give the Commissioners. 648 649 Tony Blake: Is it safe to say that any quasi-judicial process is preceded by a legislative? 650 651 Perdita Holtz: In quasi-judicial matters it depends on how you’re zoned on whether you have to get a Special Use 652 Permit andso at some point zoning was applied to the property but you can’t say that it precedes it by a month or a 653 year of something like that. 654 655 Tony Blake: No, what I’m saying is the maybe when we run up against this situation where we think, maybe the 656 County is being too heavy handed but we don’t really have the power to do anything but interpret the facts against 657 the UDO and it either is or it isn’t, right? Michael is the oracle on that, we have a handoff or a way to pass along to a 658 more powerful body, the Board of Adjustment or the Board of Commissioners whoever it is and say here’s our 659 legislative view to take into your quasi-judicial. I don’t know. 660 661 Perdita Holtz: No, it’s not for most of the types of Special Use Permits that we see. The only time that there’s a 662 legislative component is if there is a rezoning associated with also needing a Special Use Permit and that happens in 663 the case of some subdivisions when you get larger subdivisions in the rural area. 664 665 Tony Blake: Yeah, I was thinking of that dog kennel up on 70 where they weren’t really in compliance. They wanted 666 to do something, they couldn’t do something without being in compliance first and then being in compliance was too 667 expensive. It really got dicey and at the end of the day, basically, we were told we couldn’t do anything outside of the 668 UDO but at the same time it didn’t qualify for the Board of Adjustment and so there was this limbo thing and then it 669 was thrown over to the County Commissioners who changed the decision. 670 671 Perdita Holtz: Yes, that really was a messy one. 672 673 Tony Blake: That’s the kind of situation I’m thinking of that it just really seems like we could be more graceful. 674 Changing gears here if we got in early at the community information meetings and tried to make that at least as 675 important as attending the quarterly public hearings for the representatives of that group to bring back to the Planning 676 Board I think that would go a long way towards your crystal ball. 677 678 Pete Hallenbeck: Two things here, on page 72 there’s that summary and that Perdita came up with and 88% of the 679 time things are legislative and 3% of the time it is a mix. You never want to ignore a minority of cases but you also 680 don’t want to optimize the system on one low probability parameter. Also, Tony, I wanted to comment and this will 681 sort of speak to what Maxecine was talking about, I like the idea that you notify Planning Board members if there is 682 neighborhood information meeting in their district. I think that’s a great thing to do. 683 684 Michael Harvey: With all due respect, I think that the policy should be that every Planning Board member gets 685 notified and they can choose to attend if they can or cannot. That way everybody benefits. As neighborhood 686 meetings are scheduled the Planning Board gets notified and every member has an opportunity to attend. 687 688 Tony Blake: I would agree. 689 690 Michael Harvey: The reason I saying it that way is if Tony Blake can’t show up, maybe other members can and the 691 fact that Tony was not able to show up on a given evening. I think if you’re asking staff to make sure you’re notified 692 of every NIM then we can just do that as a policy. 693 694 Pete Hallenbeck: You’re right on the money, that’s more functional and easier to implement. 695 696 Paul Guthrie: I have a question for those of us who live in the County but are under Chapel Hill planning 697 management, how do we get notified? Because most of the planning of what that has done is under Chapel Hill’s 698 Planning Board. There was a point in time in the past the County Commissioners made a recommendation for 13