[Durham INC] Notice of Public Hearings- UDO Text Amendments TC1500002, TC1500006, and TC1500007- Durham Planning Commission April 12, 2016

Fri Mar 25 10:33:01 EDT 2016

This recommended change is a response to a decision of the NC Supreme Court in November 2015, in the case of Byrd v. Franklin County. By that decision, a “shooting range” was allowed there although the county land use ordinance did not specifically allow it. A number of ranges had been allowed to operate because they preceded the existence of Franklin County’s ordinance. I can certainly see why all of us would want some version of this change. The Planning Director’s role here is to guide the Planning Director in selecting a use that might then be eligible to apply for a minor special use permit before the Board of Adjustment. The BOA in Franklin voted to disallow the range, and was over-ruled in multiple courts.

Ed H

> On Mar 25, 2016, at 8:57 AM, Don Moffitt <don.moffitt at gmail.com> wrote:
> 
> This is also a response to new state law. Right now I believe it says that if s proposed use is not listed in the chart, the director will determine which use in the chart is most similar and that criteria will apply. The problem, of course, is that we simply can't imagine and then list every single use someone might claim for their project. 
> Don
> Sent from BlueMail <http://www.bluemail.me/r>
> 
> On Mar 25, 2016, at 6:54 AM, Pat Carstensen <pats1717 at hotmail.com <mailto:pats1717 at hotmail.com>> wrote:
> The graphics in the first text amendment are mostly helpful.
> 
> The technical amendments mostly reflect new state law (given our lovely General Assembly, they mostly go in the wrong direction, of course).  The one part that I want to highlight is yet another place the Planning Director makes decisions:
> If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office, or industrial) to apply the unspecified use.
> (1) The same criteria in paragraph 5.2.1C, Principal Use not Specifically Listed, shall be used except for criteria #14.
> (2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”. 
> Attachment A JCCPC Draft 2-3-16
> 
> 
> 
> From: Stock, Michael <Michael.Stock at durhamnc.gov <mailto:Michael.Stock at durhamnc.gov>>
> Sent: Thursday, March 24, 2016 1:37 PM
> Subject: Notice of Public Hearings- UDO Text Amendments TC1500002, TC1500006, and TC1500007- Durham Planning Commission April 12, 2016
>  
> Please be advised of the upcoming Durham Planning Commission public hearings on proposed changes to the text of the Durham Unified Development Ordinance (UDO):
>  
> Text amendment TC1500002: A text amendment consisting of new graphics, or revisions to existing graphics, for current standards within the Article 6, District Intensity Standards; Article 9, Landscaping and Buffering; Article 10, Parking and Loading; and Article 16, Definitions, of the Unified Development Ordinance. 
>  
> Text amendment TC1500006: A text amendment to establish a process for allowing individuals with disabilities a mechanism for relief from requirements of the UDO, or reasonable accommodation, as required by the federal Fair Housing Act and Americans with Disabilities Act. This includes amendments to Article 2, Review Authority; Article 3, Applications and Permits; and Article 16, Definitions, of the Unified Development Ordinance.
>  
> Text amendment TC1500007: A text amendment consisting of technical revisions to Article 3, Applications and Permits; Article 4, Zoning Districts; Article 5, Use Regulations; Article 6, District Intensity Standards; Article 7, Design Standards; Article 8, Environmental Protection; Article 9, Landscaping and Buffering; Article 12, Infrastructure and Public Improvements; and Article 16, Definitions, of the Unified Development Ordinance, to comply with state legislation and case law.
>  
> The Durham Planning Commission will hold the public hearings on Tuesday, April 12, 2016, at 5:30 p.m. in the City Council Chambers at 101 City Hall Plaza, 1st Floor. 
>  
> Agenda materials will be available online by March 30, 2016. The text of the proposed change may be viewed at http://durhamnc.gov/415/Pending-Text-Amendments <http://durhamnc.gov/415/Pending-Text-Amendments>.  Interested parties may appear and speak at the public hearing. Substantial changes to the proposed action may be made following the public hearing. For more information please contact Michael Stock, 560-4137 x28227; Michael.Stock at DurhamNC.gov <mailto:Michael.Stock at DurhamNC.gov>.
>  <http://durhamnc.gov/415/Pending-Text-Amendments>	
> Pending Text Amendments and Public Participation | Durham, NC <http://durhamnc.gov/415/Pending-Text-Amendments>
> durhamnc.gov <http://durhamnc.gov/>
> There are 3 stages when you can have input into the text amendment adoption process. They are: Review and Comment Period - Public review period opens with no public ...
> 
>  
> Notice Under the Americans with Disabilities Act - A person with a disability may receive an auxiliary aid or service to effectively participate in City government activities by contacting the ADA Coordinator, voice 919-560-4197, fax 560-4196, TTY 919-560-1200, or ADA at DurhamNC.gov <mailto:ADA at DurhamNC.gov>, as soon as possible but no later than 48 hours before the event or deadline date.
>  
> Michael Stock, AICP
> Senior Planner
> Durham City-County Planning Department
> 101 City Hall Plaza, Ground Floor
> Durham, NC 27701
> P 919/560-4137 ext.28227
> Michael.Stock at DurhamNC.gov <mailto:Michael.Stock at DurhamNC.gov>
> www.DurhamNC.gov <http://www.durhamnc.gov/>
>  
> 
> Durham INC Mailing List
> inc-list at lists.deltaforce.net <mailto:inc-list at lists.deltaforce.net>
> http://lists.deltaforce.net/mailman/listinfo/inc-list <http://lists.deltaforce.net/mailman/listinfo/inc-list>
> _______________________________________________
> Durham INC Mailing List
> inc-list at lists.deltaforce.net <mailto:inc-list at lists.deltaforce.net>
> http://lists.deltaforce.net/mailman/listinfo/inc-list <http://lists.deltaforce.net/mailman/listinfo/inc-list>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.deltaforce.net/pipermail/inc-list/attachments/20160325/d911b571/attachment.html>