[Durham INC] Proposed INC Executive Committee Resolution

[Interneighborhood Council]

Hi Folks,

Tom Miller has written the following proposed resolution on the proposed
UDO changes.  He suggests that the Exec. Committee endorse this since we
will not have another INC meeting before the  City Council meeting on March
18 that will take up this matter.

I have looked at some of the UDO as part of INC's ad hoc committee, and I
agree with the concerns that are contained in this resolution.  One point I
would like to emphasize: * passing this resolution does not commit INC to
any particular changes in the UDO.   *It merely states that we don't think
the proposed revisions are adequate, in the sense that they lack clarity
and/or consistency with state law.

For that reason, I'm in favor of the resolution.  But *please let me know
soon* what the rest of you think.  Thanks.

John Martin, President
InterNeighborhood Council of Durham


Whereas the Durham City and County governments have under consideration an
ordinance to amend the Unified Development Ordinance to correct procedural
deficiencies in the approval of certain forms of development; and****

** **

Whereas the proposed amendments in many places either fail to correct the
deficiencies or the corrections proposed create ambiguities that should be
resolved; and****

** **

Whereas the InterNeighborhood Council’s committee on the Unified
development Ordinance has reviewed the proposed amendments and has made
comments and raised questions concerning the proposed amendments, which
comments and questions are hereto attached; and****

** **

Whereas in the committee’s comments generally point out places in the
Unified Development Ordinance as it is proposed to be amended where:****

** **

**1)      **impermissible discretionary decision-making continues to be
vested in persons or agencies not authorized to make such decisions,****

**2)      **the standards governing decision-making are either absent or
overbroad,****

**3)      **the legislative authority of the city and county is
impermissibly delegated to government departments by reference to
publications, manuals, and guidelines which are not themselves adopted by
ordinance,****

**4)      **important substantive regulations safeguarding neighborhoods
and persons living in proximity to proposed development currently reposed
in the code (however imperfectly) are eliminated or reduced, and****

**5)      **the rights of citizens to be heard on matters relating to the
regulation of development and land use have been curtailed;****

** **

Therefore be it resolved that the InterNeighborhood Council shall present
the comments and questions of the Unified development Committee to the
Durham City and County governments with the request that the proposed
amendments to the Unified Development Ordinance be changed to address the
concerns raised in said comments and questions.****

** **

** **

By authority of the Executive Committee, this ___ day of March, 2013,****

** **

______________________________****

John Martin****

President
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