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HomeMy WebLinkAboutTA24-02 Cover PageNEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 5/2/2024 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA-24-02) - Request by New Hanover County Planning & Land Use to amend Arcle 10 of the Unified Development Ordinance to incorporate standards for required Agreements to Condions. BRIEF SUMMARY: At the March 18, 2024 regular meeng the Board of Commissioners directed staff to dra an amendment to the Unified Development Ordinance (UDO) specifying that if an applicant does not sign the required condions agreement within seven (7) days of board approval, a rezoning applicaon is considered denied and would be subject to a one (1) year waing period for resubmial. The UDO establishes the requirements and review procedures for condional rezoning applicaons. Those requirements include a provision stang if an applicaon is denied, the same or similar applicaons cannot be submied for one (1) year from the date of denial unless specific condions of the ordinance are met. Similar provisions are common in county and municipal zoning codes. The purpose is to prevent reapplicaon of denied projects that do not show substanal differences from what was previously denied by the governing board. General Statute (GS) 160D-703(b) states specific condions may be added to condional rezoning applicaons provided they are consented to by both the board and applicant, and that the applicant has agreed to the condions in wring. Currently, if an applicant agrees to a condion of approval but does not provide the required wrien agreement within seven (7) business days, the rezoning approval is considered null and void and is not subject to the one (1) year waing period. The proposed amendment would render applicaons denied if an applicant does not provide the required wrien agreement within seven (7) business days. If rendered denied, the applicaon would be subject to the same one (1) year waing period for denied applicaons. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested amendment and suggests the following moon: 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 condions for condional rezonings within seven (7) business days of approval by the Board of Commissioners is an automac denial requiring a one (1) year waing period before resubmial. 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 effecve ordinance standards. Alternave Moon for Approval / Denial: I move to recommend [Approval / Denial] of the proposed amendment to the New Hanover County Unified Development Ordinance. I find it to be [Consistent / Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________________ __________________________________________________________________________________ I also find recommending [Approval / Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] __________________________________________________________________________________ __________________________________________________________________________________ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)