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Planning Board - 080520 Agenda Packet
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Planning Board - 080520 Agenda Packet
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Date
8/5/2020
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Regular Meeting
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Agenda
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080520 Planning Board Minutes
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Minutes\2020
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B. Why is this happening? Why didn’t Settlers Point get developed? <br />APPLICANT: The Developer did not move forward with the project. <br />COUNTY STAFF: Properties were rezoned in 2018 to the approved <br />MPD-CZ district (i.e. Settlers Point). Development is subject to the <br />various conditions imposed by the County in 2018. <br />It is my understanding the original applicant was unable to move the <br />project forward until utilities were extended, a component of the project <br />that was unfortunately delayed. <br />The current applicant is seeking to modify what was originally approved <br />back in 2018 and has indicated a willingness to take a lead in extending <br />the necessary utilities to serve the project consistent with County and <br />Town agreement(s). They are, however, not interested in developing 8 <br />parcels east of Old NC Highway 86 (i.e. District 2 of Settlers Point) and <br />chose to focus on the 3 subject parcels referenced herein as part of a new <br />Zoning Atlas Amendment application package creating a new MPD-CZ <br />district. <br />It should be remembered that if this application is not approved, the <br />Settlers Point project can still move forward consistent with the County’s <br />approval of the MPD-CZ district in 2018. <br />C. Why was only those property owners within 1,000 ft. notified of the NIM? <br />COUNTY STAFF: Section(s) 2.8 and 2.9.2 of the UDO requires property <br />owners located within 1,000 ft. of a parcel that is part of a zoning atlas <br />amendment request to be notified of various meetings (i.e. Planning Board <br />meeting and public hearing held by the County Commissioners). <br />These notices, sent via first class mail, are required to be sent more than <br />10 days, but less than 25 days, from scheduled meetings. <br />Orange County also requires applicant’s seeking a Conditional Zoning <br />designation to schedule and hold a neighborhood information meeting <br />(NIM) where the project can be reviewed by those property owners within <br />1,000 ft. These notices are also sent first-class mail. <br />As an aside, Orange County’s notification requirement(s) exceeds those <br />required under State law. Under applicable State regulations, local <br />governments are typically only required to notify either adjacent property <br />owners (i.e. directly sharing a property line with the subject parcel being <br />rezoned), or within 100 ft. of a for certain development projects. The <br />County voluntarily chose to exceed that standard and require a 1,000 ft. <br />notice. <br />Further, a NIM is an Orange County requirement and is not required under <br />State law. <br />D. We consider the ‘neighborhood’ to be more than just those parcels within 1,000 <br />ft. of the subject parcels. Why weren’t more people notified? <br />COUNTY STAFF: The use of the term ‘neighborhood’ does not identify a <br />specific geographic area as it relates to which property owners are notified <br />281
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