Minutes-02-21-2023-Business Meeting

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