Orange County NC Website
David Blankfard asked if one article could be added to the ordinance to note the new effective <br />date. Michael Harvey answered that this is a possibility but the planning department erred on <br />the side of being verbose until the legal review is complete and a determination has been made <br />whether to change the date throughout or add an article with the new date. <br />AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS - <br />BOARD OF ADJUSTMENT - To review and discuss proposed amendments to the UDO to <br />streamline and revise provisions related to the Board of Adjustment. <br />PRESENTER : Michael Harvey, Current Planning Supervisor <br />Michael Harvey explained that elected officials have tasked the county attorney’s office with <br />streamlining provisions related to the Board of Adjustment. He reviewed some of the general <br />amendment proposals, starting on Page 8 of the agenda packet. <br />Regarding the changes proposed to 2.2.4B, Lydia Wegman pointed out it doesn’t make sense <br />as written because the applicants would have the application and therefore do not need to be <br />provided with their application. Michael Harvey flagged it for the attorney’s office. <br />Regarding the Neighborhood Meeting section on Page 17, Lydia Wegman said she understands <br />the attorney’s comment but feels the purpose of the neighborhood meeting should not be <br />undermined. Michael Harvey reviewed the purpose of the public hearing is to hear sworn <br />testimony and evidence and the importance of the neighborhood meeting is that the applicant <br />can hear from neighbors and perhaps make modifications that satisfy the neighbors before the <br />public hearing. Lydia Wegman said the neighborhood meeting can be important in that way and <br />she doesn’t want the language amended in a way that doesn’t reflect that. <br />Orange County Planning Director Craig Benedict said he agrees that it is important to explain <br />the differences between the neighborhood meeting and the public hearing. <br />Randy Marshall said the language needs to be more descriptive for Neighborhood Information <br />Meeting. It has implied that attendees will receive information but with the removal of the <br />redlined language, it makes it a staff meeting. He suggested two meetings, with one held by the <br />applicant and one by staff. <br />Michael Harvey said there should just be one neighborhood meeting. Some applicants take the <br />reins for these meetings. For instance, the applicants for Settler’s Point chose to hold four <br />neighborhood meetings and staff attended two. Staff attends to explain the public hearing and <br />approval process. Michael Harvey said he would let the attorney know the committee members <br />are concerned with the changes in this section. <br />Paul Guthrie said the following two changes narrows the property owners who are contacted. <br />Michael Harvey said the attorney took out language describing adjacent property owners. He <br />said the logic here is consistency with state law because by contacting property owners whose <br />property is not adjacent, you may be giving people rights they don’t enjoy under the law. <br />Lydia Wegman asked about 1,000 feet. Michael Harvey said 1,000 feet is always the standard. <br />The attorney’s office is making a recommendation contrary to that because currently the county <br />may be giving authority to people who don’t have it. <br />Michael Harvey reviewed 2.79B1, explaining the attorney is concerned the language is too <br />limiting. The county has had issues where it can’t make a public hearing happen because of