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4-3-24 PB Agenda Packet
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4-3-24 PB Agenda Packet
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4/3/2024
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4_3_24 Planning Board Minutes
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17 <br /> DRAFT <br /> 547 <br /> 548 Perdita: Holtz: Yes, the county attorney's office reviews all UDO updates, and if it were something that was <br /> 549 really out of line,you know,we would talk with the attorney staff before we spent any significant time to see if they <br /> 550 were even comfortable with the concept. <br /> 551 <br /> 552 Melissa: So, to be clear, it's not something that this board can just propose and vote on and, boom, it happens? <br /> 553 <br /> 554 Perdita Holtz: No, as a matter of fact, before we spent significant staff time on anything coming from a <br /> 555 planning board proposal, we would run it through the manager's office who would take it at least to chair/vice <br /> 556 chair, if not the full BOCC to get approval to work on that. <br /> 557 <br /> 558 Melissa Poole: And if memory serves, our thousand feet exceed the state recommendation. <br /> 559 <br /> 560 Perdita Holtz: Yes, the state requirement is for abutting land uses which means the parcels that touch or are <br /> 561 located directly across the street from the affected parcel. <br /> 562 <br /> 563 Melissa Poole: OK. Thank you. <br /> 564 <br /> 565 Lamar Proctor: And I apologize,just to clarify, is this being brought before us because we feel that we're not <br /> 566 notifying enough people? Because on the chart, it looks like we're above and beyond our neighbors, at least, in <br /> 567 terms of our distance, and that sort of thing. Okay. I just wanted to make sure I understood. <br /> 568 <br /> 569 Chair Beeman: Dolores, we'll start with you and work our way backwards. If you have any questions? <br /> 570 <br /> 571 Delores Bailey: I'm good. Thank you. <br /> 572 <br /> 573 Chris Johnston: I appreciate the chart. It's always good to know what our neighbors are doing. <br /> 574 <br /> 575 Lamar Proctor: The state law is just the minimum required. The state law doesn't prohibit us from doing, <br /> 576 obviously, it doesn't prohibit us from extending our notification areas. <br /> 577 <br /> 578 Perdita Holtz: Well, it doesn't, Lamar, but there may be a limit to that. You know, if Orange County were to <br /> 579 suddenly say we're going to go a mile or we're going to go significantly more than any other place in North <br /> 580 Carolina does, I don't know that our attorney staff would be comfortable with that and opening up Orange County <br /> 581 to a potential lawsuit that is so out of line with what the state statute says and what normal practice is in North <br /> 582 Carolina. <br /> 583 <br /> 584 Lamar Proctor: Well,and I'll just make this comment, not to delay this, but I think Chapel Hill tried to do an officer <br /> 585 oversight board and that got the interest of the state legislature, and they forbade that, so if you, I think your <br /> 586 warnings are... <br /> 587 <br /> 588 Perdita Holtz: You may recall Orange County lost our impact fee authority in 2017. <br /> 589 <br /> 590 Lamar: That, yes.And there are other examples of going above and beyond, and then the legislature comes in <br /> 591 and shuts it down on this specific basis. <br /> 592 <br /> 593 Adam Beeman: So, I think would this at some point put an unfair burden on the applicant? The Treesist came in. <br /> 594 He had to foot the bill out of his pocket to send out all those notifications at first class regular. It's not bulk mail; <br /> 595 correct? <br /> 596 <br />
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