Orange County NC Website
111 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REVIEW 112 PROCESS - To make a recommendation to the BOCC on government-initiated amendments to the 113 <br />text of the UDO that will modify subdivision review processes, in accordance with Session Law 114 <br />2017-10. This item is scheduled for public hearing on June 5, 2018. 115 <br /> 116 PRESENTER: Michael Harvey, Current Planning Supervisor 117 <br /> 118 <br />Michael Harvey noted that this item is found in the agenda packet on Pages 48-59. He explained that state law has 119 <br />changed, so the county has to modify its (subdivision review) processes to reflect State regulations. A new category 120 <br />of exempt subdivisions has been created, establishing that a will settling an estate can create a subdivision, which 121 <br />will be exempt from formal county review. Specifically, this applies when a will dictates that the land is to be 122 <br />subdivided for the heirs. This means the Planning Department is not looking at the subdivision for open space, road 123 <br />access, etc. Also, the session law established an expedited subdivision review for tracts of land 5 acres and larger 124 <br />that creates no more than three lots. The Planning Department can only compel the property owner to submit a final 125 <br />plat. The final plat has to meet all the submittal requirements as detailed within Article 7 of the UDO . There are 126 <br />several qualifiers outlining how a property owner can go through the expedited process. Michael Harvey reviewed 127 <br />that the State legislation dictating this removes the concept plan stage that helps a property owner develop a plan 128 <br />that will work before spending money on a surveyor. A lot may be created legally but a home may not be built on it if 129 <br />it does not meet the county’s regulations. He informed the board that these text amendments had received legal 130 <br />sufficiency from the county’s attorney office. 131 <br /> 132 <br />Planning Director Craig Benedict said in other states, planning staff are asked to testify in court on subdividing 133 <br />property when it is dictated in a will to be sure there is proper road access and space for septic. 134 <br /> 135 <br />MOTION by Kim Piracci to approve the statement of consistency. Seconded Hunter Spitzer. 136 VOTE: Unanimous 137 138 MOTION by Hunter Spitzer to recommend approval of the amendment as stated in Attachment 4. Seconded Kim 139 <br />Piracci 140 <br />VOTE: Unanimous 141 <br /> 142 AGENDA ITEM 10: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – NIM CLARIFICATIONS - 143 <br />To make a recommendation to the BOCC government-initiated amendments to the text of the UDO 144 <br />that will clarify requirements for Neighborhood Information Meetings (NIM). This item is scheduled 145 <br />for public hearing on June 5, 2018. 146 147 PRESENTER: Michael Harvey, Current Planning Supervisor 148 <br /> 149 <br />Michael Harvey reviewed that this information begins on Page 65 in the agenda packet. He noted that the intention of 150 <br />these text amendments is to establish uniformity and to better fit the current approval process. This increases the 151 <br />time that neighboring residents have to prepare for a Planning Board meeting after hearing about a project. He said 152 <br />the Planning Department believes these text amendments address all of the concerns that have been expressed 153 <br />about the shortness of time (from the holding of a neighborhood information meeting to the review of an item at the 154 <br />Planning Board or the Board of Adjustment). He noted there are two exceptions to the proposal. There will be a 155 <br />longer time for Class A permits for telecommunication towers 200 feet and taller, as well as for Class B permits for 156 <br />telecommunication towers, which go before the Board of Adjustment and will now have 45 days instead of 42. 157 <br />Neighborhood information meetings for telecommunication towers would continue to take place on a Saturday and 158 <br />the telecommunications company would still have to launch a balloon at the height that the tower would be. 159 <br /> 160 <br />The county’s attorney’s office has determined legal sufficiency. Staff recommends approving the statement of 161 <br />consistency and the proposed UDO text amendment, which begins on Page 73 in the agenda packet. 162 <br /> 163 <br />Chair Lydia Wegman asked about the requirement of a neighborhood meeting at least 14 days before the Planning 164 <br />Board meeting. She asked whether that was sufficient for neighbors, thinking of the Settler’s Point development that 165 <br /> 9