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457 <br /> 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 />