Orange County NC Website
10 <br /> James Bryan said staff has used this wording to reflect the state statute. He said the <br /> state statute requires the decision to be reduced to writing, given to all parties, be noticed in the <br /> newspaper. He said Orange County gives notice, which is different from the written order. He <br /> said the statute says the Ordinance has to be given to everyone, but does not clarify a <br /> timeframe, so he and Planning staff suggested "reasonable". He said since the statute does <br /> not have a timeframe, someone would have to go into superior court and file a writ of <br /> mandamus. He said this change puts the onus on the County to at least be reasonable. He <br /> said he does not want to put a finite time, as lack of compliance would be violating the <br /> ordinance with an unspecified remedy. <br /> Commissioner Dorosin rejoined the meeting at 8:01 p.m. <br /> Perdita Holtz said all the language, including "reasonable", is from the statute. <br /> Commissioner Fowler referred to page 42, and asked if all "residents" should be <br /> replaced with "domiciled in" and indicated where it needs to be changed. <br /> Perdita Holtz said that should be changed. <br /> Commissioner Fowler referred to section 2.8 on page 70 of the PDF, regarding third <br /> party down zoning, and asked for clarification about this. <br /> Perdita Holtz said downzoning by a third party requires the written consent of the <br /> property owner. <br /> Commissioner Fowler said to check spellings of"insure" and "ensure" to allow for <br /> consistency. She said she does not feel strongly about the date change, but it would be nice if <br /> the practice was closer to 15 days for mailed notices, even if the Ordinance allows for 10. <br /> Chair Price asked if center in residence is terminology that the state uses, and it has <br /> certain regulations depending on the definition. <br /> Perdita Holtz said that is correct. <br /> Chair Price asked if the Planning Board can set its own rules, put them in writing, and be <br /> more definitive and detailed than state statute. <br /> Perdita Holtz said the Planning Board cannot set its own rules, and any policies have to <br /> be in the board-specific policies approved by the BOCC. <br /> Chair Price asked if a set of procedures could be made stating the Planning Department <br /> will hold neighborhood information meetings etc. <br /> Perdita Holtz said yes, there can be policies that are not required by statute. <br /> Commissioner Greene thanked Perdita Holtz for her work and holding small discussions <br /> with Commissioners to provide information and answer questions. <br /> A motion was made by Commissioner Dorosin, seconded by Commissioner Greene, to <br /> approve the Statement of Consistency, LIDO and Comprehensive Plan Amendments, and the <br /> Amendments to the Rules of Procedure for the Planning Board. <br /> Commissioner Bedford asked if the previously discussed wording changes are going to <br /> be included. <br /> Perdita Holtz said any changes need to be included in the motion. <br /> Commissioner Dorosin amended the motion to include changing any instances of <br /> "residents" to "domiciled in" and make corrections with regard to the usage of"insure" and <br /> "ensure". <br /> Commissioner Greene seconded the amended motion. <br /> Chair Price called each Commissioner by name (roll call). <br />