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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 3, 2008 <br />Action Agenda <br />Item No. 4"Z <br />SUBJECT: Zoning Ordinance Text Amendment: Planned Development Review and <br />Approval Procedures <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />1. Proposed Ordinance Amendment <br />(text additions are in underlined text <br />and deletions are in strike-through <br />text) <br />2. NCGS 153A-342 <br />INFORMATION CONTACT: <br />Craig Benedict 245-2592 <br />Michael Harvey 245-2607 <br />PURPOSE: To accept additional evidence, if any; to accept the Planning Board <br />recommendation; to close the public hearing; and to adopt the proposed amendments to <br />several provisions contained within "Article Seven (7) Planned Development" of the Zoning <br />Ordinance. <br />BACKGROUND: Staff has determined that changes made to Chapter 153A of the NC General <br />Statutes during the 2005 legislative session have created a discrepancy between the County's <br />current Zoning Ordinance and State statutes regarding the process for placing conditions on the <br />approval of 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 development and use of the site to county ordinances and <br />an ollicially 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 />afford protection of the public health, safety, and general welfare, ensure that <br />substantial justice is done and equitable treatment provided. <br />