Agenda - 02-21-2023; 5-a - Unified Development Ordinance (UDO) Text Amendment – Neighborhood Information Meetings

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2 it is presented to an appointed or elected body of Orange County. Having staff administer all aspects of these meetings also places an additional task for an informal meeting upon staff that is, appropriately, the applicant's responsibility. The Planning Director is recommending amendment of the UDO Article 2, Sections 7, 9, 14, and 15 to: 1. Place the responsibility of scheduling a NIM upon the applicant; 2. Place the responsibility of property owner notification upon the applicant; 3. Establish a uniform property posting date of public notification sign of no less than 14 days prior to the NIM; and 4. Require the applicant to provide the Planning Department a recording and written report of the NIM at least 14 days prior to either the public meeting, public hearing, or administrative action, dependent upon the nature of the application. The Director's recommendation differs from that of the Planning Board (see below). The UDO text amendments reflecting this recommendation are found in Attachment 3. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning staffs on August 30, 2022. To date, Orange County staff has not received any comments from the Towns. Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted unanimously (9-0) to recommend approval of the Statement of Consistency presented by staff, and approval with specified changes of the UDO amendment package, with the following modification: 1. That a planning staff member attend NIM meetings, not to run them but to be there to clarify or answer questions. The Planning Board is empowered to make a recommendation with specified changes by Section 2.8.8(B) of the Orange County UDO. Attachment 2 contains the version of the amendments recommended by the Planning Board. And excerpt of the draft meeting minutes and the signed Statement of Consistency from this meeting are included in Attachment 4 and meeting materials are available at: https://www.orangecountync. oq v/AgendaCenter/ViewFile/Agenda/ 12072022-1685 Prior to making its recommendation, the Planning Board had reviewed the materials in an "Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also available at: https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 10052022-1647 The Planning Director's recommendation differs from the Planning Board's recommended approval with specified changes, and reflects of the original draft of the proposed text amendment presented by the Planning Department. Having staff present at a NIM is counterproductive to the purpose of the meeting enabling an informal discussion between an applicant and the affected community; resolving the confusion regarding Planning staff's presence at the informal NIM and their administrative and professional role at a Planning Board meeting and/or BOA or BOCC public hearing; and to the dedication of county resources in supporting a NIM, which is, appropriately, an applicant responsibility.