INC NEWS - PC STILL must vote by Dec 9 (wrt Black Meadow Ridge)

[Deanna Crossman]

UDO 3.5.9(A)3:

"Except in the case of expedited hearings pursuant to Sec. 3.5.9C, Expedited
Hearings, the Commission shall make its recommendation within three
consecutive regular Commission cycles (approximately 90 days total) of its
initial public hearing. *The time period for a recommendation may be
altered, as in the case of significant modifications, in which case three
additional consecutive regular cycles shall be granted before the case shall
go to the governing body.* "

Though the absolutely vague and discretionary nature of the statement is one
of my pet peeves about the UDO, it seems to me that a request to extend the
deadline that includes the owner and developer of the land is one of the
best reasons to extend the time to a total of 6 cycles, or March 2009.

Maybe there is another section of the UDO that would trump this?  Quite
possible and would love to know if there is - I am certainly not a UDO
expert.

Also, just as a point of clarification, UDO 3.5.9A4:

"When a recommendation is not made within the time periods established in
this section, the governing body may process the request without a
Commission recommendation."

I would never encourage the Planning Commission to not make a
recommendation, but it is not a violation of the UDO if they do not.  At
least not in this section.  The case simply goes forward without one.

Thanks,
Deanna

On Wed, Oct 29, 2008 at 1:37 PM, Melissa Rooney <mmr121570 at yahoo.com> wrote:
> The planning commission chair informs that:
>
> "The UDO allows the planning commission to defer a plan amendment case and
a rezoning case a maximum of three cycles (about 90 days).  In the case of
Black Meadow Ridge that three cycle deferral period is up at our December
meeting.  The two Eno Drive at West Point on the Eno cases will be on our
agenda for December, and we will have to make a recommendation and pass them
on to Council.  Failure to do this on our part will be a violation of the
UDO."
>
> So, unless the case is withdrawn by the applicant (and I've been given no
indication that this is going to happen), it is quite important that
neighborhoods (and hopefully the INC at large) weigh in on this issue by the
PC meeting on December 9 of THIS year.
>
> Thanks,
> Melissa
>
>
>
> _______________________________________________
> INC-list mailing list
> INC-list at rtpnet.org
> http://lists.deltaforce.net/mailman/listinfo/inc-list
>



-- 
Crossman Properties, LLC
762 Ninth St #591
Durham, NC 27705
www.CrossmanProperties.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.deltaforce.net/mailman/private/inc-list/attachments/20081029/d6bdd429/attachment.htm>