Agenda - 11-05-2015 - 5-e - Unified Development Ordinance Text Amendment – Public Hearing Process Revisions - Closure of Public Hearing and Action (No Additional Comments Accepted)

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Article 2: Procedures 42 Section 2.13: Exempt Subdivisions week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by mail to adjacent property owners. This notice shall be given Ret less than 15 days mailed at least ten days but not more than 25 days prior to the meeting date. Adjacent property owners are those whose property lies within feet of the affected property and whom are currently listed as property owners in the Orange County tax records.47 The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (C) The Planning Director shall post on the affected property a notice of the Board meeting at least ten days but not more than 25 days48 prior to the meeting date. (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13.1 Gene 1 (A) Pers roposing divisions of land that do not constitute a sub sion must request a determine of an exempt subdivision status with the Pla g Director. Activities that do not constitu subdivision are found in Section 7. (B) One copy of the final r plat and three page pies of the plat shall be submitted with the request for a determina for an exe subdivision. (C) Exempt subdivisions shall comply i all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following rec t of a request for a determination of an e pt subdivision status, the Plannin irector shall make a determination of the land divis 's exempt or nonexempt stat (B) If the Planning Director determines that the proposed land division does n constitute a subdivision, the Planning Director shall certify the proposed land division as e t and include the necessary statement on the plat certifying same. 46 The Staff Attorney had suggested language modifications in (A)that would result in the omission of public hearings for SUPS from legal advertisements since the general public does not have standing in such matters and cannot participate. However, at the September 8,2015 public hearing,comments were received to continue to publish SUP notices in the legal advertisements but to add additional language to the legal ad if necessary for legal sufficiency reasons. Therefore,existing language in (A) has been restored and is no longer suggested for modification. Planning and Attorney staff will work together to ensure future legal ads are modified as necessary. 47 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed. State statutes do not require mailing via certified mail. Because of the proposed notification distance increase (from 500 feet to 1,000 feet),staff is suggesting that notices be mailed via first class mail in order to keep costs and necessary staff time lower. Because notices for the Neighborhood Information Meeting are sent more than a month before this notice for the public hearing, notification to the public regarding proposed projects is occurring much sooner in the review process than in the past. 48 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed. Orange County, North Carolina—Unified Development Ordinance Page 2-47