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Article 2: Procedures Section 2.3: Comprehensive Plan Amendments Orange County, North Carolina – Unified Development Ordinance Page 2-7 (a) When multiple parcels are included within a proposed Land Use Plan (map) [Future Land Use Map] amendment affected, a posting on each individual parcel is not required, but the county shall post sufficient notices shall be posted to provide reasonable notice to interested persons. (2) In the case of amendments to the Land Use Plan (map) [Future Land Use Map], written notice of the public hearing shall be sent by first-class mail to all property owners, as listed in the Orange County tax records, whose property is affected (property that is included in the proposed land use plan [Future Land Use Map] amendment) and all property owners or within 500 feet of the affected parcel(s). Said notice shall be mailed at least 14 days, but not more than 25 days, prior to the date of the public hearing. 2.3.7 Consideration of Amendments 15 (A) Principal amendments shall generally only be considered only once each year at the first quarterly public hearing in February of the calendar year, usually held in February 16. (B) If a principal amendment is scheduled by the Board of County Commissioners 17 for other than the February first quarterly public hearing of the calendar year, it shall be scheduled during one of the quarterly public hearings held in May, August, and November later in the year . (C) Secondary amendments may be considered four times each year at the a quarterly joint public hearings, in February, May, August, and November as designated each year on the Board of County Commissioners meeting calendar. (D) A proposed amendment may be considered in conjunction with a rezoning request for the same property if the requests are in compliance with an adopted small area plan.18 (E) Requests for a rezoning not in compliance with an adopted small area plan, conditional use district, and/or special use permit may only be considered at subsequent hearings or meetings following approval of the proposed amendment to the Comprehensive Plan.19 2.3.8 Application Requirements (A) Generally 15 Staff proposes that (A), (B), and (C) of this section be deleted because staff believes that any proposed amendment to the Comprehensive Plan should be able to be heard at any of the quarterly public hearings. Allowing principal amendments “generally” only once per year imposes constraints. If there is not interest in allowing consideration of any amendment at any of the four QPHs per year, then the language should be modified as shown. If (A), (B), and (C) are deleted, the following language should become a new (A): A proposed amendment may be considered at any Board of County Commissioners meeting designated as a Quarterly Public Hearing. 16 Staff is suggesting the language be less restrictive in case the BOCC wants to move quarterly public hearing dates in the future when the annual BOCC meeting calendar is created in the fall of each year. For example, this was done for the public hearing that was formerly held in August of each year but is now held in September. 17 The BOCC does not schedule amendments (staff is responsible for doing so) but if a principal amendment were proposed for a QPH other than the first hearing of the year, staff would coordinate with the Manager and Chair/Vice-Chair to gain input into whether the application should be allowed to be heard at one of the three later QPHs. 18 The Staff Attorney has recommended deletion of this provision due to concerns over who determines compliance with a small area plan and how compliance is determined. 19 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the modification in (D) is not made, the language of (E) should be modified because of the concern that a restriction on a rezoning application has been placed in the Comprehensive Plan amendment section. Staff proposes A, B, and C for deletion (see footnote) – request ORC comment 16