Orange County NC Website
Browse       Search
10 <br /> eliminating the unnecessarily repetitive, and often confusing, delineation of allowable land uses <br /> by creating a central table of permitted uses and has combined similar land uses into single <br /> categories to ensure uniformity with respect to application of development criteria and <br /> permitting. <br /> Planning Board Recommendation: The Board began review of the finalized amendment <br /> package at its March 6, 2019 regular meeting, with continued discussion at a special meeting <br /> held on March 20 to allow for additional review on Attorney recommended language associated <br /> with the burden of persuasion for certain processes (i.e. variances, interpretations, and special <br /> use permits). The Attorney prepared a memo for Board review, which is contained in <br /> Attachment 4. <br /> At the March 20 special meeting, the Planning Board voted 7-1 to recommend approval of the <br /> amendments with the elimination of language in Section(s) 2.10.3, 2.11.3, and 5.3.2 <br /> establishing a `burden of persuasion' for those applying for a variance, interpretation, or special <br /> use permit. In recommending approval, members indicated they were not comfortable keeping <br /> language referencing an applicant's `burden of persuasion' as they were unpersuaded by the <br /> County Attorney's arguments the language was necessary. An excerpt of the minutes from the <br /> March 3 and 20, 2019 meetings, as well as the Planning Board's approved Statement of <br /> Consistency, are contained within Attachment 5. <br /> Planning Director Recommendation: The Planning Director recommends approval of the <br /> Statement of Consistency (Attachment 6) and the Ordinance amending the UDO (Attachment 7 <br /> including 7-a, 7-b and 7-c) which includes the language within Section(s) 2.10.3, 2.11.3, and <br /> 5.3.2 establishing a `burden of persuasion'. Staff is recommending keeping language, as <br /> recommended by the County Attorney, concerning the `burden of persuasion' in Section(s) <br /> 2.10.3, 2.11.3, and 5.3.2. <br /> The Director believes the language is necessary to ensure the legal sufficiency of the UDO, as <br /> indicated by the County Attorney, by spelling out an applicant's obligations when applying for a <br /> variance, interpretation, and special use permit. <br /> It should be noted that Attachment 7 consists of three parts, with Attachments 7-a and 7-b <br /> attached to this abstract and also available electronically at: <br /> http://www.orangecountync.gov/DocumentCenter/View/7012. <br /> Attachment 7-c containing the Strikethrough/Delete/Underlined/ Highlighted Text <br /> Amendments pages from the UDO are only available electronically at <br /> http://www.orangecountync.gov/DocumentCenter/View/7012. <br /> In addition, as noted in the Public Hearing Notice (Attachment 1), the full text of the <br /> amendments pages and other information has been available from the Orange County Planning <br /> Department. <br /> Michael Harvey made the following PowerPoint presentation: <br /> BOCC PUBLIC HEARING <br /> April 16, 2019 <br /> Unified Development Ordinance (UDO) Text Amendment(s) <br /> Table of Permitted Uses <br /> Background <br />