Agenda - 09-15-20; 5-a - Zoning Atlas Amendment - Master Plan Development Conditional Zoning District (MPD-CZ) for the Research Triangle Logistics Park (RTLP)

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B. Why is this happening? Why didn’t Settlers Point get developed? APPLICANT: The Developer did not move forward with the project. COUNTY STAFF: Properties were rezoned in 2018 to the approved MPD-CZ district (i.e. Settlers Point). Development is subject to the various conditions imposed by the County in 2018. It is my understanding the original applicant was unable to move the project forward until utilities were extended, a component of the project that was unfortunately delayed. The current applicant is seeking to modify what was originally approved back in 2018 and has indicated a willingness to take a lead in extending the necessary utilities to serve the project consistent with County and Town agreement(s). They are, however, not interested in developing 8 parcels east of Old NC Highway 86 (i.e. District 2 of Settlers Point) and chose to focus on the 3 subject parcels referenced herein as part of a new Zoning Atlas Amendment application package creating a new MPD-CZ district. It should be remembered that if this application is not approved, the Settlers Point project can still move forward consistent with the County’s approval of the MPD-CZ district in 2018. C. Why was only those property owners within 1,000 ft. notified of the NIM? COUNTY STAFF: Section(s) 2.8 and 2.9.2 of the UDO requires property owners located within 1,000 ft. of a parcel that is part of a zoning atlas amendment request to be notified of various meetings (i.e. Planning Board meeting and public hearing held by the County Commissioners). These notices, sent via first class mail, are required to be sent more than 10 days, but less than 25 days, from scheduled meetings. Orange County also requires applicant’s seeking a Conditional Zoning designation to schedule and hold a neighborhood information meeting (NIM) where the project can be reviewed by those property owners within 1,000 ft. These notices are also sent first-class mail. As an aside, Orange County’s notification requirement(s) exceeds those required under State law. Under applicable State regulations, local governments are typically only required to notify either adjacent property owners (i.e. directly sharing a property line with the subject parcel being rezoned), or within 100 ft. of a for certain development projects. The County voluntarily chose to exceed that standard and require a 1,000 ft. notice. Further, a NIM is an Orange County requirement and is not required under State law. D. We consider the ‘neighborhood’ to be more than just those parcels within 1,000 ft. of the subject parcels. Why weren’t more people notified? COUNTY STAFF: The use of the term ‘neighborhood’ does not identify a specific geographic area as it relates to which property owners are notified 457