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HomeMy WebLinkAboutTA24-02 Staff Report - BOC Final 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 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 7 business days, the rezoning approval is considered null and void and is not subject to the 1 year waiting period. The original draft of the proposed amendment would render applications denied if an applicant does not provide the required written agreement within 7 business days. If rendered denied, the application would be subject to the same 1 year waiting period for denied applications. At the Planning Board agenda review meeting, the Planning Board indicated that 7 business days may not provide enough time for applicants to work with the county to clarify the language of conditions. After consultation with the county Legal Department, staff proposed an alternative that the agreement must be provided to the county within 15 business days of the date of approval. PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their May 2, 2024 meeting. At the public hearing, no one spoke in support of or in opposition to the proposed amendment. The Planning Board members expressed concerns about the length of time allowed for signing the Agreement to Conditions given the denial language. The Board and staff discussed whether 15 business days would alleviate those concerns, but Board members expressed additional concerns that 15 business days would not provide enough time for an applicant to review and sign the agreement in some situations. The Planning Board also discussed a provision to allow applicants to request an extension from the Board of Commissioners if good faith efforts are underway to resolve condition language. The Board voted unanimously (6-0) to recommend approval of the amendment with a 20-business day period for the applicant to sign the written Agreement to Conditions and the provision for an extension that may be granted by the Board of Commissioners when good faith efforts to clarify condition language is in progress. They found RECOMMENDING 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 twenty (20) business days of approval by the Board of Commissioners is an automatic denial requiring a one (1) year waiting period before resubmittal unless an extension is granted by the Board of Commissioners if good faith efforts are underway to resolve condition language to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. STAFF RECOMMENDATION The intent of the proposed amendment is to ensure the language of all conditions are finalized and decided on during the public hearing. The County Attorney’s Office provided guidance that the time period should be no more than 30 calendar days for the agreement to be signed and returned to the county. In recognition of the Planning Board’s concerns and guidance from the attorney’s office, staff is recommending fifteen business days for the applicant’s agreement to conditions to be signed and returned to the county, but that no additional extension be granted. Staff recommends approval of the proposed amendment for 15 business days and suggests the following motion: I move to APPROVE 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 fifteen (15) 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 APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards.