Agenda - 04-04-2023; 8-a - Minutes

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7 1 BACKGROUND: Neighborhood Information Meetings (NIMs) are a common requirement of 2 Planning Departments throughout the state and country. NIMs are an opportunity for an 3 "...applicant to initiate a conversation with the community members most directly affected by the 4 proposed [action]..." (City of Raleigh). These meetings are a separate and distinct opportunity 5 from the statutory obligations of a community to provide an applicant due process for a rezoning, 6 major subdivision, special use permit, or similar action, as provided for by the Planning Board 7 meeting and public hearing before either the Board of Adjustment (BOA) or the Board of County 8 Commissioners (BOCC). NIMs are informal meetings with the community most affected by a 9 proposed land use change. With the exception of publication of the meeting notice in a local paper 10 of record, public notification requirements for an informal NIM are similar to that for the formal 11 Planning Board meeting and BOA and BOCC public hearings. 12 13 Orange County's requirement for a NIM for a special use permit (Section 2.7), conditional zoning 14 (Section 2.9), and subdivisions(Section 2.14&2.15)are consistent with the requirements of North 15 Carolina peer counties, including Chatham, Durham, and Mecklenburg. Orange County is 16 inconsistent with these counties by having staff administer the public notification and host these 17 informal meetings rather than the applicant. This practice has created confusion for the public 18 regarding the respective roles of the applicant and staff at the NIM to request and represent a 19 land use change; and to disclose the facts and the consistency of the application with Orange 20 County's adopted ordinances and plans. Planning staff's role in the latter is detailed in both local 21 and statutory language on the proceedings of the Planning Board, BOA, and BOCC in making 22 land use determinations. Having staff present at a NIM can confuse this role, and places Planning 23 staff in a central role at a meeting that should be a constructive discussion between the applicant 24 and the affected community as to how a proposed project could be modified to respond to 25 concerns before it is presented to an appointed or elected body of Orange County. Having staff 26 administer all aspects of these meetings also places an additional task for an informal meeting 27 upon staff that is, appropriately, the applicant's responsibility. 28 29 The Planning Director is recommending amendment of the UDO Article 2, Sections 7, 9, 14, and 30 15 to: 31 32 1. Place the responsibility of scheduling a NIM upon the applicant; 33 2. Place the responsibility of property owner notification upon the applicant; 34 3. Establish a uniform property posting date of public notification sign of no less than 14 35 days prior to the NIM; and 36 4. Require the applicant to provide the Planning Department a recording and written report 37 of the NIM at least 14 days prior to either the public meeting, public hearing, or 38 administrative action, dependent upon the nature of the application. 39 40 The Director's recommendation differs from that of the Planning Board (see below). The UDO text 41 amendments reflecting this recommendation are found in Attachment 3. 42 43 Joint Planninq Area (JPA) Review: In accordance with the Joint Planning Agreement with the 44 Towns of Chapel Hill and Carrboro, the amendment package was sent to the Town planning staffs 45 on August 30, 2022. To date, Orange County staff has not received any comments from the 46 Towns. 47 48 Planning Board Recommendation: At its December 7, 2022 meeting, the Board voted 49 unanimously (9-0)to recommend approval of the Statement of Consistency presented by staff, 50 and approval with specified changes of the UDO amendment package, with the following 51 modification: