Agenda 5-a - Unified Development Ordinance (UDO) and Zoning Atlas Amendments – Modification of Neighborhood Information Meeting (NIM) Requirements

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Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-21 (E) The meeting shall be held a minimum of: 1 (1) 14 days prior to the date of the Planning Board meeting where the application is scheduled for review (Class A Special Use Permit applications). 2 (2) of 45 days prior to the date of the Public Hearing (Class B Special Use Permit applicaitons).3 (F) Neighborhood information meetings for telecommunication facilities shall be held in accordance with the provisions of Section 5.10.8 (B) (2). 2.7.6 Notice Requirements for Class A Special Use Permits (A) The Planning Director shall give notice of the date, time and place of the Planning Board meeting at which the Planning Board is scheduled to review a Special Use Permit application. (1) Written notice shall be sent by first class mail to all adjacent property owners not less than ten days before the Planning Board meeting date. Adjacent property owners are those whose property lies within one thousand feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. The outside of the envelope or postcard shall be marked “Notice of Planning Board Meeting.” (2) The Planning Director shall post on the affected property a notice of the Planning Board meeting at least ten days prior to the date of said meeting. (3) Notices may be combined with notice of the Neighborhood Information Meeting required in Section 2.7.5. (B) The Planning Director shall give notice of the date, time and place of the public hearing to be held to receive evidence in the form of testimony and exhibits pertaining to the application for a Special Use. (1) Written notice shall be sent by first class mail to all adjacent property owners at least ten days but not more than 25 days before the hearing date. Adjacent property owners are those whose property lies within one thousand feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. The outside of the envelope or postcard shall be marked “Notice of Public Hearing.” (2) The Planning Director shall post on the affected property a notice of the public hearing at least ten days but not more than 25 days prior to the date of said hearing. (3) Notice of the public hearing shall be published in a newspaper of general circulation in Orange County once a week for two successive weeks, with the first notice to be published not less than ten days nor more than 25 days prior to the date of the hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 1 Staff is amending the UDO to create uniformity with respect to the hold of neighborhood meetings for various projects. 2 Staff has heard comments from the elected officials, the general public, and Planning Board members NIMs are occurring too close to the Planning Board meeting to serve a useful purpose. The amendment will require the NIM to be held a minimum of 14 days prior to the Planning Board meeting where the project is going to be discussed. This will, hopefully, allow for sufficient time for all concerned parties to prepare to discuss the project at the Planning Board meeting. 3 As a reminder Class B Special Use Permits are reviewed/acted upon by the Board of Adjustment with no review/recommendation by the Planning Board. 16