Agenda - 06-05-2018 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 2.9: Conditional Districts Orange County, North Carolina – Unified Development Ordinance Page 2-32 (5) The Neighborhood Information Meeting meeting shall be held a minimum of 45 14 days prior to the date of the Public HearingPlanning Board meeting where the application is scheduled for review and public comment. 4 (E) Review and Evaluation of Application (1) All CUD applications shall be reviewed and acted upon in accordance with the review procedures for Class A Special Use Permits (Section 2.7). (2) The following shall be considered when evaluating an application for a CUD: (a) The policies and objectives of the Orange County Comprehensive Plan, particularly in relation to the use, proposed site, and surrounding area; (b) The policies and objectives of any adopted Small Area Plan(s) relating to the area; and (c) The potential impacts to the surrounding area including, but not limited, to: traffic, storm water drainage, compatibility of land use activities, and land values. (3) The Board of County Commissioners may attach reasonable and appropriate conditions to the location, nature, and extent of the proposed use. Such conditions may address the following: (a) The characteristics of the proposed use and its relationship to surrounding property and existing land uses, (b) The proposed support facilities, such as parking, screening and buffer areas, (c) The timing of the proposed development, (d) Architectural review and controls, (e) The Permitted and Special Uses allowed under the existing zoning classification, and, (f) Other matters that the BOCC may find appropriate or the applicant may propose. (F) Approval and Conditions (1) The Board of County Commissioners shall take action on the application in the following manner: (a) Approve or deny the application to change the zoning designation of the parcel to the appropriate CUD designation, (b) Approve or deny the Special Use Permit application, and (c) Approve or deny the CUD permit application. (2) Specific conditions may be proposed by the applicant or the County, or its agencies, but only those conditions mutually agreed upon by the County and the petitioner may be incorporated into the SUP and/or CUD permit requirements. (3) The applicant shall have a reasonable opportunity to consider and respond to any requirements/conditions requested by the County prior to final action by the Board of County Commissioners on the disposition of the CUD application. The applicant shall agree in writing to any conditions prior to a final decision on the application. (G) Issuance of Permit 4 The amendment is necessary to create the desired consistency with respect to the holding of a NIM. 18