Orange County NC Website
55 Craig Benedict elaborated on some of the aspects <br /> 56 <br /> 57 Perdita Holtz: For next month, since you are all hearing this tonight, I'm not planning on doing a <br /> 58 presentation because you've already heard it. If you have questions, I'll address them, if that is ok with <br /> 59 everyone. <br /> 60 <br /> 61 Planning Board was in agreement with skipping the 160D Amendment Presentation at the April Planning <br /> 62 Board meeting. <br /> 63 <br /> 64 Lamar Proctor: Is it going to affect WASMPBA and agreements with local municipalities, is that part of <br /> 65 this packet? Is that an issue before us? <br /> 66 <br /> 67 Craig Benedict: That is one of the discussions we're having with the Attorney's office, does state statute <br /> 68 override interlocal agreements, that are allowed by state statute also, which one takes priority. <br /> 69 <br /> 70 Perdita Holtz: The UDO stands as it is; it's more of a question of whether those interlocal agreements <br /> 71 are ok under current statutes. The UDO is ok under current statutes, it's when you bring in all these <br /> 72 other agreements and plans and whether those are ok.Those agreements might need to change <br /> 73 because of current state law. <br /> 74 <br /> 75 Lamar Proctor: The amendments is not that issue-the amendment of our UDO to conform with 160D. <br /> 76 So the issue as to whether state law is going to usurp our current agreements with municipalities or <br /> 77 WASMPBA,that's going to be an issue for a later time. <br /> 78 <br /> 79 Craig Benedict: That will probably be answered by the Attorney. <br /> 80 <br /> 81 Whitney Watson: There is a reference that the BOCC could change the zoning for a parcel which would <br /> 82 then bounce back and change land use maps, is that the process as it exists currently or is that going to <br /> 83 be the process going forward. <br /> 84 <br /> 85 Perdita Holtz: That would be the process going forward and it's required by state law. The rezoning that <br /> 86 you looked at tonight, if that were to get rezoned to GC-4 that is no longer consistent with the rural <br /> 87 residential land use designation, it would need to be changed to CITAN on the Future Land Use Map and <br /> 88 where it gets dicey with our joint plans and interlocal agreements is that those plans and agreements <br /> 89 don't allow for that to happen but yet state law requires that it happen. That is what our legal staff is <br /> 90 looking at. <br /> 91 <br /> 92 David Blankfard: So the BOCC could overrule everything. <br /> 93 <br /> 94 Perdita Holtz: That's the question because we have agreements that say they won't. We have <br /> 95 agreements that everyone has to agree to change the map. Or, the joint plans, everyone has to agree to <br /> 96 change the plans. State law is now saying something different so the legal questions becomes can the <br /> 97 BOCC impose upon itself other requirements that it not do something that is allowed by state law. <br /> 98 <br /> 99 ORC was adjourned by consensus <br />