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OCPB agenda 100715
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OCPB agenda 100715
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10/7/2015
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OCPB minutes 100715
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Article 2: Procedures <br /> Section 2.3: Comprehensive Plan Amendments <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-7 <br /> <br />change or on an adjacent public street or highway right of way not less than ten days <br />before the date set for the public hearing. <br />(1) When multiple parcels are included within a proposed Land Use Plan (map) <br />amendment affected, a posting on each individual parcel is not required, but the <br />county shall post sufficient notices to provide reasonable notice to interested <br />persons. <br />(E) In the case of amendments to the Land Use Plan (map), written notice of the public <br />hearing shall be sent by first-class mail to all property owners, as listed in the Orange <br />County tax records, whose property is affected (property that is included in the proposed <br />land use plan amendment) and all property owners or within 500 feet. Said notice shall <br />be mailed at least 14 days, but not more than 25 days, prior to the date of the public <br />hearing.12 <br />2.3.7 Consideration of Amendments 13 <br />(A) Principal amendments shall generally only be considered once each year at the quarterly <br />public hearing in February. A proposed amendment may be considered at any Board of <br />County Commissioners meeting designated as a Quarterly Public Hearing. <br />(B) If a principal amendment is scheduled by the Board of County Commissioners for other <br />than the February quarterly public hearing, it shall be scheduled during one of the <br />quarterly public hearings held in May, August, and November . <br />(C) Secondary amendments may be considered four times each year at the a quarterly joint <br />public hearings, in February, May, August, and November. <br />(D) A proposed amendment may be considered in conjunction with a rezoning request for the <br />same property if the requests are in compliance with an adopted small area plan.14 <br />(E) Requests for a rezoning not in compliance with an adopted small area plan, conditional <br />use district, and/or special use permit may only be considered at subsequent hearings or <br />meetings following approval of the proposed amendment to the Comprehensive Plan.15 <br />2.3.8 Application Requirements <br />(A) Generally <br />(1) All applications for amendments to the Comprehensive Plan shall be submitted <br />on forms supplied by the Planning Department and shall be signed. <br />(2) Three copies of the application shall be submitted to the Planning Director. <br /> <br />12 (D) and (E) have been rewritten and combined into (A) above. <br />13 Staff proposes this section be modified, in conjunction with the proposed deletion of Section 2.3.4, so that any <br />proposed amendment to the Comprehensive Plan can be heard at any of the quarterly public hearings, rather than <br />limiting “principal” amendments to “generally” only the February QPH. (It is noteworthy that principal <br />amendments in recent years have been heard at hearings that were not in February, such as the land use <br />classification change in the Efland-Mebane corridor where Morinaga’s factory is now located, which was heard at a <br />May QPH). <br />14 The Staff Attorney has recommended deletion of this provision due to concerns over who determines <br />compliance with a small area plan and how compliance is determined. <br />15 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the <br />modification in (D) is not made, the language of (E) should be modified because of the concern that a restriction on <br />a rezoning application has been placed in the Comprehensive Plan amendment section. <br /> 69
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