INC NEWS - Planning Director says PC must vote Dec 9

Colin Crossman crc128 at gmail.com
Wed Oct 29 19:32:20 EDT 2008


I hadn't considered that the two cases would have differing standards 
for timeliness, and I was only looking at the zoning map piece.  Though 
there may be a good reason for the differing standards individually, it 
is a terrible standard to force concurrent cases, which have more moving 
parts than either case independently, to adhere to the shorter 
standard.  Though I can see several ways out of this dilemma for the 
code, none would be easy to apply in this instance.

In the future, it would, perhaps, be a good idea for the standards to 
allow concurrent cases to take the longest time standards of the linked 
cases.  After all, the longer standard must have been applied to one 
piece of the puzzle for a reason - complex issues, sensitivity, etc.  
Why shorten it precisely when the issues get yet more complex?

-Colin

Melissa Rooney wrote:
> Please see the information provided by Steve Medlin (Durham Planning Director) below. If we want the PC to have a voice, it looks like they need to vote on Dec 9 on this rezoning case in the Black Meadow Ridge.
>
> Any more questions should be directed to him: Steve.Medlin at durhamnc.gov
>
> --Melissa (P.S. read below, cut and pasted directly from Mr. Medlin's response)
>
> ________________
>
> "No - pursuant to Sections 3.4.6E and 3.5.9A.3 and 4 the Planning Commission must make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing on the plan and zoning map change amendments. See the highlighted portions of the ordinance below for reference.
>
>  
>
> ”3.4.6 Action by the Planning Commission
>
> E. The Planning Commission shall make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing on the amendment.”
>
>  
>
> "3.5.9 Action by the Planning Commission
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> A. General Procedures
>
> 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.
>
> 4. 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."
>
>  
>
>
>       
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