Orange County NC Website
Browse       Search
0 <br />applications <br />Originally staff had anticipated amending existing NIM requirements for Conditional <br />Zoning District (CZD) applications, as detailed within Section 2.9.2 (D) of the UDO. <br />Staff determined, however, there was no need to revise existing timelines as CZD <br />applications are not reviewed through the quasi-judicial hearing process (i.e. <br />requiring sworn testimony and competent material evidence) and there was no need <br />to provide additional time to adjacent property owners to understand the review <br />process or prepare for the public hearing. <br />At the May 27, 2014 Quarterly Public Hearing several BOCC members expressed <br />concern over the lack notification /information on SUP applications in advance of a <br />scheduled public hearing. <br />The review of SUP applications are carried out in a quasi-judicial process requiring <br />the presentation of sworn, expert, testimony and competent material /substantial <br />evidence by both those in favor and in opposition to a given application. Decisions to <br />approve or deny an application are based on this evidence. Hearsay or <br />unsubstantiated opinions are not sufficient testimony. <br />Currently, the SUP review process requires adjacent property owners receive written <br />notice of a public hearing, via certified mail, a minimum of 15 days prior to a <br />scheduled public hearing. Given the complexity of the review process the concern is <br />this is insufficient time to allow for adjacent property owners to gather information, or <br />secure the necessary experts, to effectively participate in the review process. <br />At the public hearing staff recommended amending the existing permit review <br />process for future SUP applications to require the holding of the aforementioned <br />meeting in an effort to inform local property owners of the project and provide <br />educational information on the nature of the proceedings, including detail on what <br />constitutes `competent material evidence and testimony', and the required findings <br />that have to be made to issue a permit. <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />`cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners'. <br />The amendments are necessary to ensure Orange County residents and property <br />owners are provided advance notice of submitted SUP applications, have an <br />opportunity to review the project before a scheduled public hearing, obtain an <br />understanding of the required review and approval processes, and have sufficient <br />time to gather information and /or secure experts to aid them in the review of the <br />project. <br />Having a NIM 45 days prior to the public hearing, as discussed and recommended at <br />the September 8, 2014 Quarterly Public Hearing, the application submittal deadline <br />and review process will be extended by approximately 50 to 60 days to <br />accommodate the meeting and review schedule. <br />2 <br />