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

[Melissa Rooney]

It looks like there's some confusion over whether or not the PC needs to vote at their Dec 9 meeting, or else lose their voice in the rezoning matter for Black Meadow Ridge. Two planning commissioners and one city council member have informed me that this IS the case. I have not yet contacted the planning director.

Suffice it to say that, to be on the safe side, neighborhoods and citizens should voice their concerns/opinions regarding this case to the Planning Commission before December 9th of this year.

There's certainly no harm in deciding where you stand before December and making it known to the PC, especially considering all the confusion surrounding this issue.

Melissa



--- On Wed, 10/29/08, Deanna Crossman <deanna at crc32.com> wrote:

> From: Deanna Crossman <deanna at crc32.com>
> Subject: Re: INC NEWS - PC STILL must vote by Dec 9 (wrt Black Meadow Ridge)
> To: mmr121570 at yahoo.com, inc-list at durhaminc.org
> Date: Wednesday, October 29, 2008, 2:43 PM
> 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
> >
> >
> >
> > _______________________________________________
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> > 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