TA24-02 Staff Report - Planning Board
STAFF REPORT FOR TA24-02
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA24-02
Request:
To amend Section 10.3.3.C.7 of the Unified Development Ordinance related to the required
Agreement to Conditions for conditional rezoning applications.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance (UDO)
Purpose & Intent
The key intent of this amendment is to specify that an applicant’s refusal to sign the required
agreement to conditions for conditional rezonings within seven (7) business days of approval by
the Board of Commissioners is an automatic denial requiring a one (1) year waiting period before
resubmittal.
BACKGROUND
The Unified Development Ordinance (UDO) establishes the requirements and review procedures for
conditional rezoning applications. Those requirements include a provision stating if an application
is denied, the same or similar applications cannot be submitted for one (1) year from the date of
denial unless specific conditions of the ordinance are met.
Similar provisions are common in county and municipal zoning codes. The purpose is to prevent
reapplication of denied projects that do not show substantial differences from what was previously
denied by the governing board.
General Statute (GS) 160D-703(b) states specific conditions may be added to conditional rezoning
applications provided they are consented to by both the board and applicant, and that the
applicant has agreed to the conditions in writing.
Currently, if an applicant agrees to a condition of approval but does not provide the required
written agreement within seven (7) business days, the rezoning approval is considered null and void
and is not subject to the one (1) year waiting period.
The proposed amendment would render applications denied if an applicant does not provide the
required written agreement within seven (7) business days. If rendered denied, the application
would be subject to the same one (1) year waiting period for denied applications.
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
strikethrough indicated text that is to be removed.
Unified Development Ordinance
Section 10.3.3 Conditional Zoning
d. Agreement to Conditions
1. Conditional rezoning approval is subject to the applicant or their agent signing an
agreement acknowledging the applicant’s consent to all approved conditions. If the signed
agreement is not provided to the Planning Department within seven (7) business days from
the date of approval by the Board of Commissioners the approval is rescinded, and the
application is considered denied. No additional decision or action is required by the Board
of Commissioners.
2. Applications denied under this section shall be subject to the reapplication requirements of
Section 10.2.10.F.
3. The following do not meet the reapplication requirements of Section 10.2.10.F for
applications denied under this section:
a. The removal of a previously approved condition,
b. A reduction in the scope or requirement of a previously approved condition.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to specify an applicant’s refusal to sign the required agreement
to conditions for conditional rezonings within seven (7) business days of approval by the Board of
Commissioners is an automatic denial requiring a one (1) year waiting period before resubmittal. I
find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
provides up-to-date zoning tools. I also find RECOMMENDING APPROVAL of the proposed
amendment reasonable and in the public interest because it provides for clear and effective
ordinance standards.