Agenda - 04-15-1993 - C-1-a - Laserfiche WebLink

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.,. _ .... . MICHAEL B. BROUGH & ASSOCIATES MEMORANDUM TO: Julia Trevarl.hen FRCH:.: Michael B. Brough 4V DATE:: April 7, 1993 Rr: Application of Protest Provisions to Rezoning Requests in the Transition Areas Yee have inquired whether the protest petition provision, of G.S. 160A- 365 .ird section 15-326 of the Carrboro Land Use Ordinance applied to rezoning r'equest's involving property within Carrboro's transition areas, Having reviewed the .special legislation that authorized the Joint Planning Process in Orange County rind the Joint Planning Agreement, and having discussed the matter with County Attorney Geof Gledhill , my Conclusion is that the protest petition proOsIens do apply to rezonings that, under the Joint Planning Agreement require the approval of the Carrboro Board of Aldermen. Under the Joint Planning Agreement, changes in zoning classifications for the transition areas be rode until an ordinance approving the zoning map amendment has been approved by both 1irang2 County and Carrboro following a point public hearing. The er!ab1'irq legislation for this Joint Planning Agreement states that each governing beard 1 $ follow its own procedures and voting requirements. Therefore, a successful protest petition will require the affirmative vote of the 3/4 of the enemeer of the Board of Aldermen, or 6 members, in order to change the zoning of aiy properties subject to the petition. However, since the county zoning enabliee legislation does not contain a similar protest petition, a vote of a sfcrple majority of the corm issioners a quorum being eee$ t1e amendment. � q g present) will be sufficient ieo additional thoughts come to mind in reference to this inquiry. First, 11' a protest petition is filed, it may be exceedingly difficult to determine whether e sufficient number of persons has signed the petition in order to trigger` tee 3/4 vote requirements. The reason is that the provisions of G.S. 16CA 18 i :an be applied rather easily when the rezoning effects only a single rectar!ri.cler lot. However, when the tract in question is very large and irregular In aria res, it becomes extremely problematic to apply these provisions. Therefore, If a peeii;ion is received, please let me know so that we can review it together. Second , the protest petitions can be easily avoided if the rezoning request lrrav e 1j buffer of at least 81 feet around the periphery for which no rezoning is requested. r''leese let me know if you have any questions. in1.,f