Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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344 DRAFT 57 Subdivisions. When the notification letters go out, information is included in the letters on accessing the website to learn 58 more. Sometimes depending on the scope of the project,things go out in the weekly email that our Public Information 59 Officer does or depending on the scope of the project, he might also post something on Facebook. 60 61 Lamar Proctor: In terms of the days of notice, it's not more than 25 days and not less than 10. My concern is why can't 62 we just do 25? I've seen several examples of a 10 day notice for letters or whatever it is, it gets mailed on a Friday, postal 63 service has issues, people get it on a Thursday and then it references a meeting on a Monday or Tuesday. If they take a 64 long weekend then it's sorry, they don't know. I've seen examples in our community where people find out about things in 65 passing amongst neighbors and interested parties by a hair's breadth. So was there any talk or consideration of making it 66 the maximum that you are allowed, 25 days,to give people proper notice. 67 68 Perdita Holtz: We do almost always send out notices well in advance of 10 days. I think the County Attorney's office would 69 have a concern about saying we will do 25 days because statutes allow you to do 10 and they feel that our LIDO should 70 conform to the language in the statutes. I also want to point out that Orange County sends out notices for the Planning 71 Board meeting which is not required by statutes,we send out meetings to property owners within 1000 feet of a parcel and 72 statutes require only abutting property owners be notified so Orange County already goes far beyond what statutes require 73 for notice. There would also be concerns about saying we are going to do 25 when we normally send them out about 15 74 days in advance because of the way our cycles work. There might be instances where an applicant is still trying to get 75 some things worked out and to hold up the notice because they were a day late from 25 days, as you suggest,would add 76 another month to the process. 77 78 Lamar Proctor: Personally, I'm looking at this as a community member, I would love to see it be at least 15 days. I think 79 the general language is notice shall be posted or mailed a minimum of 10 days prior. It's kind of permissive language, 80 meaning you can do it more. There were other notices,weren't there for 15 days? 81 82 Perdita Holtz: Yes,you can do it more than 10 days but it can't be more than 25 days in advance. Yes, I believe there 83 was one either for the Comp Plan or SUPs that required 15 days. We are now standardizing it all to be in conformance 84 with State statutes. 85 86 Lamar Proctor: I understand the conformity and I think the uniformity within our own UDO is to notice so you don't have to 87 say, it's 15 for this and 17 for that, 12 for that. That's ridiculous. My position is that I would like the minimum to be greater 88 than 10 days because I think there are instances where people don't get proper notice because of the timing of things. 89 That's one thought I had. My other concern was the exclusions being removed on page 158, 1 don't understand the history 90 of those exclusions. When I read about a non-residential Conditional Use District that is really a blank slate, other than 91 some limitations within the Rural Buffer, that combined with removing exclusions, makes me think that there could be a 92 Conditional District approved for a crematorium in somebody's backyard or something that clearly fell within the exclusions 93 previously and is now going to be game on for anything, anywhere other than what's specifically excluded in the NR-CD 94 list. 95 96 Perdita Holtz: I understand the concern but there's also another piece to the puzzle which is Appendix F of the 97 Comprehensive Plan that shows which land use classifications that NR-CD can be applied to. That is found on the very 98 last page of the amendment packet, page 348. NR-CD would be allowed for consideration in all of the land use 99 classifications because currently the Conditional Use District also is allowed for consideration in all those classifications. I 100 understand that it is correct that you could now apply for these uses where previously, you could not. When Conditional 101 Use Districts were set up, at least in the`90s if not earlier,the people who set them up said we don't want these uses to be 102 considered. 103 104 Lamar Proctor: When I read this and I think about worst-case scenario, I see a 10-day notice requirement for a zoning 105 change with an NR-CD or Conditional District that allows anything. Anything is on the table unless it's in the Rural Buffer. 106 If there are a few landowners that are abutting or its homeowners that aren't concentrated around a parcel,they miss it 107 and they are out of luck. 108 109 Perdita Holtz: Conditional Districts, as they are now called, require a Neighborhood Information Meeting so there are 110 multiple steps that happen before notices for a Planning Board meeting or a Public Hearing ever goes out. For instance, 111 on page 68 there are the requirements for a Neighborhood Information Meeting for Conditional Districts. Notices for