Minutes-09-19-2023-Business Meeting

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27 VOTE: Ayes, 6 (Commissioner Hamilton, Commissioner Portie-Ascott, Chair Bedford, Vice-Chair McKee, Commissioner Richards, Commissioner Fowler); Nays, 1 (Commissioner Greene) MOTION PASSES 7. Reports a. Discussion on Potential Amendment to Unified Development Ordinance Regarding Planning Director Analysis & Recommendations on Applications The Board received information from staff and discussed the potential removal of the Planning Director's recommendation to the Board of County Commissioners (BOCC), as well as possibly the recommendations to the Planning Board and Board of Adjustment, as currently required by the Orange County Unified Development Ordinance (UDO). BACKGROUND: At its June 20, 2023 Business Meeting, the BOCC received a petition from Commissioner Jean Hamilton to consider amending the Orange County UDO to have the Planning Director perform an analysis on applications without a recommendation to the BOCC. Upon review, staff determined that, in addition to the Planning Director making a recommendation to the BOCC on zoning matters, the Orange County UDO requires that the Planning Director's recommendation be provided to both the Planning Board and the BOCC for all proposals to amend the UDO and the Comprehensive Plan, as well as approving Major Subdivisions. The Planning Director also makes a recommendation to the Board of Adjustment on Appeals to staff interpretations of the UDO. North Carolina's land use laws (North Carolina General Statutes (NCGS) 160D) are silent on the role of Planning staff in advising the county on land use decisions. NCGS 160D Article 4 and Article 6 identify the responsibilities of jurisdictions in land use matters presented to the BOCC, including the requirement that the Planning Board provide a recommendation to the BOCC. These articles allow for administrative, public notification, application analysis, and advisory responsibilities to be assigned to staff. It is common practice in North Carolina for jurisdictions that entrust administration and determination of land use matters to a "Planning Director" to receive recommendations from that individual. These recommendations are based upon findings of 1) application completeness; 2) conformance with UDO standards; and 3) consistency with all relevant adopted plans, but namely the"Comprehensive Plan", as defined by NCGS 160D. Those jurisdictions that do not have a staff recommendation for land use matters mostly rely upon a "Zoning Administrator" who reviews an amendment packet for completeness and ensures public notification criteria are met. Per Commissioner Hamilton's petition, this staff analysis would remain detailed in the staff report and abstract to the BOCC but be digested into a findings of conformance and consistency with County standards and plans. The Planning Board's recommendation is required by NCGS 160D and is largely based upon adopted plans consistency and interpretations of UDO conformance, particularly in conditional zoning cases that can allow for some flexibility of standards. The evaluation of the petition and potential directions include: a) Amendment of the UDO to respond to the petition, and remove the Planning Director's recommendation to the BOCC on Zoning Atlas and UDO text amendments only;