HomeMy WebLinkAboutAgenda - 02-21-2023; 5-a - Unified Development Ordinance (UDO) Text Amendment – Neighborhood Information Meetings 1
ORANGE COUNTY
BOARD OF COMMISSONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 21, 2023
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Neighborhood
Information Meetings
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Approval and Consistency Tyler Sliger, Planner II, (919) 245-2586
2. Planning Board Recommended UDO Text Perdita Holtz, Deputy Director, Long-
Amendment Range Planning & Administration,
3. Planning Director Recommended UDO Text (919) 245-2578
Amendment Cy Stober, Director, (919) 245-2592
4. Planning Board Signed Statement of Consistency
and Excerpt of Draft December 7, 2022 Minutes
PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and
public comment, close the public hearing, and consider action on staff-initiated amendments to the
Unified Development Ordinance (UDO) regarding proposed revisions to the current requirements
for Neighborhood Information Meetings.
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
2
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:
1. That a planning staff member attend NIM meetings, not to run them but to be there to
clarify or answer questions.
The Planning Board is empowered to make a recommendation with specified changes by Section
2.8.8(B) of the Orange County UDO. Attachment 2 contains the version of the amendments
recommended by the Planning Board. And excerpt of the draft meeting minutes and the signed
Statement of Consistency from this meeting are included in Attachment 4 and meeting materials are
available at:
https://www.orangecountync. oq v/AgendaCenter/ViewFile/Agenda/ 12072022-1685
Prior to making its recommendation, the Planning Board had reviewed the materials in an
"Ordinance Review Committee" meeting on October 5, 2022. Materials for this meeting are also
available at: https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 10052022-1647
The Planning Director's recommendation differs from the Planning Board's recommended approval
with specified changes, and reflects of the original draft of the proposed text amendment presented
by the Planning Department. Having staff present at a NIM is counterproductive to the purpose of
the meeting enabling an informal discussion between an applicant and the affected community;
resolving the confusion regarding Planning staff's presence at the informal NIM and their
administrative and professional role at a Planning Board meeting and/or BOA or BOCC public
hearing; and to the dedication of county resources in supporting a NIM, which is, appropriately, an
applicant responsibility.
3
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Approval and Consistency indicating the text amendments are reasonable and
in the public interest, as contained in Attachment 1 .
2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment 3.
FINANCIAL IMPACT: The proposed text amendments will remove the financial responsibilities of
mailing notification letters to neighboring property owners within 1,000 feet of a subject property and
hosting the meeting from Orange County. Should the Planning Director's recommendation be
approved, the expenses for staff to attend the NIMs will also be relieved from Orange County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this
item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes and
educational levels with respect to the development and enforcement of environmental laws,
regulations, policies, and decisions. Fair treatment means that no group of people should
bear a disproportionate share of the negative environmental consequences resulting from
industrial, governmental and commercial operations or policies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board:
1. Conduct the public hearing and receive the Planning Board and staff recommendations and
public comments;
2. Close the public hearing; and
3. Vote to Approve the Statement of Approval and Consistency (Attachment 1) and Planning
Board-recommended UDO Amendments (Attachment 2).
OR
Vote to Approve the Statement of Approval and Consistency (Attachment 1) and Planning
Director-recommended UDO Amendments (Attachment 3).
OR
Vote to Deny the UDO Amendments along with either the Statement of Approval and
Consistency (Attachment 1) or a stated rationale of inconsistency with the County's adopted
plans.
4
Attachment 1
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
revise its requirements for Neighborhood Information Meetings.
The Orange County Board of Commissioners hereby recommends approval of the proposed
text amendment and issues this Statement of Consistency pursuant to NC GS § 160D-605 (a)
Governing Board Statement. The Board of County Commissioners finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
The amendment is consistent with the applicable plan because it cultivates direct
communication between the applicant and the affected public, requires four
additional days for public notification, and requires a written report and record of
the meeting allowing for verification of the meeting's proceedings by staff and the
public, supporting the following:
a. Comprehensive Plan Land Use Goal 6: A land use planning process that is
transparent, fair, open, efficient, and responsive.
b. Comprehensive Objective LU-6.1: Undertake a comprehensive effort to inform
and involve the citizens of Orange County in the land use planning process.
3. The amendment is reasonable and in the public interest because it encourages
communication between the applicant and the public while allowing County staff to
maintain neutrality.
The Board of County Commissioners hereby adopts this Statement of Approval and
Consistency and the findings expressed herein.
Jamezetta Bedford, Chair Date
5
Attachment 2
Ordinance # ORD-2023-010
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing Neighborhood Information Meetings, and
Whereas, this amendment seeks to place the responsibility of scheduling a NIM upon the
applicant; place the responsibility property owner notification upon the applicant; establish a
uniform property posting date of public notification sign of no less than 14 days prior to the NIM;
and 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; and
Whereas, staff has determined a need to provide more opportunity with respect to
Efficiency Apartment standards, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2023.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
6
meeting held on , 2023 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2023.
SEAL
Clerk to the Board of Commissioners
7
Attachment 2
The following pages contain Unified Development Ordinance (UDO) amendments to our
Neighborhood Information Meeting (NIM) standards. These revisions are geared to help
residents get a better understanding of projects that require a NIM.
Within this amendment package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
• Red Strikethro gh Text: Denotes existing text that staff is proposing to delete.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development-Ordinance-PDF
8
SECTION
2.7.5 Neighborhood Information Meeting
(A) Before an Evidentiary Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information mootinoNeighborhood Information
Meeting. The purpose of the meeting is to obtain surrounding property owner input and
comments on the proposed development project and allow staff an opportunity to explain
the review process associated with the request.
(B) The applicant shall obtain n or+„GWReF ailing address ;nf„rma+,„n ftern the nraRge
WhiGh shall utilize Orange COURty Land ReG(Drds data, and
shall mail nn+i,.os .,f the moo+;n „ date an,+ time send notice of the meeting via first class
mail to each property owner within one thousand feet of the property for which a Special
Use has been requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary and the
mailing address of the property owners.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 4&14 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 45 days prior to the date of the Evidentiary
Hearing.
(F) The Orange County Planning Department shall have a representative attend and observe
the meeting.
(G) The applicant shall submit a recording along with a written report of the Neighborhood
Information Meeting to the Planning Department at least 14 days before an Board of
Adjustment meeting is held.
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; and a summary of issues discussed at the meeting.
{F�fH) �loi.hh rh.,.,r! inf rma+i n moo+in Neighborhood Information Meetings for
telecommunication facilities shall be held in accordance with the provisions of Section
5.10.8 (B) (2).
9
SECTION • •
2.9.1 Conditional Districts
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a
Conditional District, the applicant is required to schedule, with the assistance of
the Planning Department a minimum of one neighborhood information meeting
Neighborhood Information Meeting (NIM). The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed
development project.
(2) Theo nlir.ant shell obtain n ert y oWne ailing address information from the
Qranoe CG Unty Dlann'Rg Department and shall mail notices of the meeting dote
and timevia first r.lass mail to ear.h property GWReF within o e they sand feet of
the p.propeone.t, for which a (conditional district has been requested. The applicant
shall send notice of the meeting via first class mail to each property owner within
one thousand feet of the property for which a Conditional District has been
requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary
and the mailing address of the property owners.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of-4-8 14 days prior to the date of the meeting.
(5) The Orange County Planning Department shall have a representative attend and
observe the meeting.
(6) The applicant shall submit a recording along with a written report of the
Neighborhood Information Meeting to the Planning Department at least 14 days
before a Planning Board meeting is held.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; a roster of the persons in attendance at the meeting; a summary
of issues discussed at the meeting; and a description of any changes to
the application made by the applicant as a result of the meeting.
{e)(7) The meeting shall be held a minimum of 14 days prior to the date of the Planning
Board meeting where the application is scheduled for review.
10
SECTION - • - SUBDIVISIONS
2.14.4 Concept Plan
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option
(1) A minor subdivision application using the Flexible Development Option shall
require a Neighborhood Information Meeting NIM if it proposes more than five
lots, excluding open space.
(2) "n^n aGGeptaRGeAs a component of a Concept Plan application, the PlaRning
DiFeGtGr applicant shall schedule a Neighborhood Information Meeting (NIM)and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(3) Notices of the NIM shall be mailed by first class mail at least ten 14 days prior to
the date of the meeting.
(4) The Planning DireGtor applicant shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least coon 14 days prior to the NIM. The NIM shall
be held a prior to Final Plat Application submittal.
(5) The purpose of theAt the NIM is for the„toe.applicant to present the proposed
Concept Plan to persons in attendance, shall be avail to answer questions
about the proposed subdivision, and to receive comments from neighboring
property owners for the purpose of improving the proposed subdivision design.
(6) The Orange County Planning Department shall have a representative attend and
observe the meeting.
(7) The Planning Director shall explain the isubdivision approval process and
neighboring property owners may speak with regard to specific concerns and/o
iues.The applicant shall submit a recording along with a written report of the
Neighborhood Information Meeting to the Planning Department at least 14 days
before submitting a Final Plat application for the subdivision.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
11
SECTION • - SUBDIVISIONS
2.15.2 Concept Plan
(D) Neighborhood Information Meeting
(1) Upon acceptanceAs a component-of a Concept Plan application, thePlanning
Director applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least 14ten days prior to
the date of the meeting.
(3) The applicantolann;n„ Dire + r shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least 14seveon days prior to the NIM. The NIM shall
be held a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be reviewed.
(4) At theThe purpose of the NIM, is for;the applicant to present the Concept Plan to
persons in attend ances"^ll be avail hlo to answer questions about the proposed
subdivision, and to receive comments from neighboring property owners for the
purpose of improving the proposed subdivision design.
(5) The Orange County Planning Department shall have a representative attend and
observe the meeting.
(6) The PIaRRing IDiFeGtGF shall explain the s bd Vo l,n approval PFGGeSS Rd Shall
identify mooting dates of the Planning Board and Board of Commissioners of
which neighboring property owners may speak with regard to specific concerns
and/or�a�.or_issiFc
ss os-. The applicant shall submit a recording along with a written report
of the Neighborhood Information Meeting to the Planning Department at least 14
days before submitting the Preliminary Plat.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
12
SECTION - GOVERNMENTALUSES
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land
use category as detailed within Section 5.2.
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input, a noinhhnrheed infnrma+inn moo+inn
Neighborhood Information Meeting (NIM) shall be held prior to the submittal of a site plan
application. The purpose of this meeting is to obtain surrounding property owner input
and comments on the proposed development.
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans, small area plans, solid waste management master
plans, library master plans, etc.
(B) The Planning Department shall assist the applicant with the scheduling of the
neighborhood information meeting.
W-)(B) The applicant shall obtain property owner mailing address information from the Planning
Dopar+mon+ who shall utilize Orange County Land Records data,and shall mail notices
of the meeting date, place, and time via first class mail to each property owner within one
thousand feet of the subject property.
(B)(C) The notices shall be mailed a minimum of 14 days prior to the date of the meeting.
(E-)(qL_The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 148 days prior to the date of the meeting.
( )(E) The applicant shall submit written certification that the notices were mailed in compliance
with the requirements of this subsection. The written certification shall denote the date of
the mailing as well as a synopsis of comments from the meeting as part of the site plan
application. The applicant shall also provide a written response on what steps, if any,
were taken to address said comments.
(F) The applicant shall submit a recording along with a written report of the Neighborhood
Information Meeting at least 14 days before the required open meeting to the Planning
Department.
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; a summary of issues discussed at the meeting; and a description
of any changes to the application made by the applicant as a result of the
meeting.
(G) A neighborhood information mooting Neighborhood Information Meeting shall not be
required in cases where an applicant is proposing to expand facilities less than 50% of
existing floor area.
13
Attachment 3
Ordinance # ORD-2023-010
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations governing Neighborhood Information Meetings, and
Whereas, this amendment seeks to place the responsibility of scheduling a NIM upon the
applicant; place the responsibility property owner notification upon the applicant; establish a
uniform property posting date of public notification sign of no less than 14 days prior to the NIM;
and 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; and
Whereas, staff has determined that the amendments will encourage communication
between the applicant and the public while allowing County staff to maintain neutrality, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2023.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
14
meeting held on , 2023 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2023.
SEAL
Clerk to the Board of Commissioners
15
Attachment 3
The following pages contain Unified Development Ordinance (UDO) amendments to our
Neighborhood Information Meeting (NIM) standards. These revisions are geared to help
residents get a better understanding of projects that require a NIM.
Within this amendment package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
• Red Strikethro gh Text: Denotes existing text that staff is proposing to delete.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development-Ordinance-PDF
16
SECTION
2.7.5 Neighborhood Information Meeting
(A) Before an Evidentiary Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information mootinoNeighborhood Information
Meeting. The purpose of the meeting is to obtain surrounding property owner input and
comments on the proposed development project and allow staff an opportunity to explain
the review process associated with the request.
(B) The applicant shall obtain n ort„GWReF ailing address ;nf„rmatiGR ftern the nrango
WhiGh shall utilize Orange COURty Land ReG(Drds data, and
shall mail n„tigos f the mooti
., ng sato and time send notice of the meeting via first class
mail to each property owner within one thousand feet of the property for which a Special
Use has been requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary and the
mailing address of the property owners.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 4&14 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 45 days prior to the date of the Evidentiary
Hearing.
(F) The applicant shall submit a recording along with a written report of the Neighborhood
Information Meeting to the Planning Department at least 14 days before an Board of
Adjustment meeting is held.
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; and a summary of issues discussed at the meeting.
f(G) Neighhorhood information mootin Neighborhood Information Meetings for
telecommunication facilities shall be held in accordance with the provisions of Section
5.10.8 (B) (2).
17
SECTION • •
2.9.1 Conditional Districts
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a
Conditional District, the applicant is required to schedule, with the assistance of
the Planning Department a minimum of one neighborhood information meeting
Neighborhood Information Meeting (NIM). The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed
development project.
(2) Theo nlir.ant shell obtain n ert y oWne ailing address information from the
Qranoe CG Unty Dlann'Rg Department and shall mail notices of the meeting dote
and timevia first r.lass mail to ear.h property GWReF within o e they sand feet of
the p.propeone.t, for which a Conditional district has been requested. The applicant
shall send notice of the meeting via first class mail to each property owner within
one thousand feet of the property for which a Conditional District has been
requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary
and the mailing address of the property owners.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of--1-8 14 days prior to the date of the meeting.
(5) The applicant shall submit a recording along with a written report of the
Neighborhood Information Meeting to the Planning Department at least 14 days
before a Planning Board meeting is held.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; a roster of the persons in attendance at the meeting; a summary
of issues discussed at the meeting; and a description of any changes to
the application made by the applicant as a result of the meeting.
(�)(6) The meeting shall be held a minimum of 14 days prior to the date of the Planning
Board meeting where the application is scheduled for review.
18
SECTION - • - SUBDIVISIONS
2.14.4 Concept Plan
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option
(1) A minor subdivision application using the Flexible Development Option shall
require a Neighborhood Information Meeting NIM if it proposes more than five
lots, excluding open space.
(2) "p^n aGGeptaRGeAs a component of a Concept Plan application, the PlaRning
DiFeGtGr applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(3) Notices of the NIM shall be mailed by first class mail at least ten 14 days prior to
the date of the meeting.
(4) The Planning DireGtor applicant shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least seven 14 days prior to the NIM. The NIM shall
be held a prior to Final Plat Application submittal.
(5) The purpose of theAt the NIM is for the„toe.applicant to present the proposed
Concept Plan to persons in attendance, shall he avail to answer questions
about the proposed subdivision, and to receive comments from neighboring
property owners for the purpose of improving the proposed subdivision design.
(6) The Planning Director sholl explain the subdivision approval process and
neighboring property owners may speak with regard to specific concerns and/o
issues.The applicant shall submit a recording along with a written report of the
Neighborhood Information Meeting to the Planning Department at least 14 days
before submitting a Final Plat application for the subdivision.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
bV the applicant as a result of the meeting.
19
SECTION • - SUBDIVISIONS
2.15.2 Concept Plan
(D) Neighborhood Information Meeting
(1) Upon acceptanceAs a component-of a Concept Plan application, the Planning
Director applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least 14tee days prior to
the date of the meeting.
(3) The applicantPlanning Dire +gr shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least 14seveon days prior to the NIM. The NIM shall
be held a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be reviewed.
(4) At theThe purpose of the NIM, is for;the applicant to present the Concept Plan to
persons in attend ances"al1 be avail hlo to answer questions about the proposed
subdivision, and to receive comments from neighboring property owners for the
purpose of improving the proposed subdivision design.
(5) The PIaRRing D;resto;—shall explain the sib dig 'Sign approval PFE)Gess Rd Shall
identify mooting dates of the Planning Beard and Board of(`nmmiccinnorc of
and/or Oso oma. The applicant shall submit a recording along with a written report
of the Neighborhood Information Meeting to the Planning Department at least 14
days before submitting the Preliminary Plat.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
20
SECTION - GOVERNMENTALUSES
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land
use category as detailed within Section 5.2.
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input, a noighhnrheed inf.,rrnati.,n moo+in„
Neighborhood Information Meeting (NIM) shall be held prior to the submittal of a site plan
application. The purpose of this meeting is to obtain surrounding property owner input
and comments on the proposed development.
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans, small area plans, solid waste management master
plans, library master plans, etc.
(B) The Planning Department shall assist the applicant with the scheduling of the
neighborhood inform +inn meeting.
W-)(B) The applicant shall obtain property owner mailing address information from the Planning
Dopar+mon+ whe shall utilize Orange County Land Records data,and shall mail notices
of the meeting date, place, and time via first class mail to each property owner within one
thousand feet of the subject property.
(B)(C) The notices shall be mailed a minimum of 14 days prior to the date of the meeting.
(E-)(qL_The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 140 days prior to the date of the meeting.
( )(E) The applicant shall submit written certification that the notices were mailed in compliance
with the requirements of this subsection. The written certification shall denote the date of
the mailing as well as a synopsis of comments from the meeting as part of the site plan
application. The applicant shall also provide a written response on what steps, if any,
were taken to address said comments.
(F) The applicant shall submit a recording along with a written report of the Neighborhood
Information Meeting at least 14 days before the required open meeting to the Planning
Department.
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; a summary of issues discussed at the meeting; and a description
of any changes to the application made by the applicant as a result of the
meeting.
(G) A neighborhood information mooting Neighborhood Information Meeting shall not be
required in cases where an applicant is proposing to expand facilities less than 50% of
existing floor area.
21
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
revise its requirements for Neighborhood Information Meetings.
The Planning Board hereby recommends approval of the proposed text amendment and
issues this Statement of Consistency pursuant to NC GS § 160D-604 (d)Planning board review
and comments—Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment is consistent with the applicable plan because it supports the following:
a. Comprehensive Plan Land Use Goal 6: A land use planning process that is
transparent, fair, open, efficient, and responsive.
b. Comprehensive Objective LU-6.1: Undertake a comprehensive effort to inform
and involve the citizens of Orange County in the land use planning process.
4. The amendment is reasonable and in the public interest because it encourages
communication between the applicant and the public while allowing County staff to
maintain neutrality.
The Planning Board hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
1A /0 2-/' _( /.��
VLAnm /I
Adam Beeman, Chair Date
22
DRAFT
1 Excerpt of Draft MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 Minutes DECEMBER 7,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair),
7 Cheeks Township Representative; David Blankfard, Hillsborough Township Representative; Melissa Poole, Little River
8 Township Representative; Beth Bronson,At-Large Representative; Randy Marshall,At-Large Representative; Charity
9 Kirk,At-Large Representative; Susan Hunter, Chapel Hill Township Representative; Statler Gilfillen, Eno Township
10 Representative;
11
12
13 MEMBERS ABSENT: Whitney Watson,At-Large Representative; Delores Bailey,At-Large Representative; Steve
14 Kaufmann, Bingham Township Representative;
15
16
17 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Special Projects&GIS Supervisor; Pat
18 Mallet, Erosion Control, Stormwater& Engineering Supervisor; Taylor Perschau, Current Planning and Zoning
19 Supervisor; Brian Collie, Planner 11;Tyler Sliger, Planner 11; Carlos Sanchez, Planning Technician;Tina Love,
20 Administrative Support
21
22
23 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
24 Chair Adam Beeman called the meeting to order
25
26 *****************************
27
28 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—NEIGHBORHOOD INFORMATION MEETINGS
29 -To make a recommendation to the BOCC on proposed amendments to the UDO pertaining to
30 Neighborhood Information Meetings. This item was introduced at the August 3, 2022 ORC meeting
31 and reviewed at the October 5, 2022 Planning Board meeting where it was continued to the next
32 meeting. It is scheduled for a BOCC Public Hearing in January.
33 PRESENTER: Tyler Sliger, Planner II
34
35 Tyler Sliger reviewed the proposed UDO text amendment for Neighborhood Information Meetings(NIMs)
36
37 David Blankfard: I thought we had recommended that staff be a witness at all NIMs
38
39 Cy Stober: As with all text amendments and zoning amendments,these are reviewed by the County Attorney's Office
40 and the legal counsel wants to leave the matter of verification open but required so that attendance at the meeting could
41 be one form of verification but to allow for other forms of verification, streaming video,video recording to provide
42 evidence because it doesn't rely on individual testimony should anything be taken to the Court of Appeals.
43
44 Charity Kirk: How do you know that they have posted the signs?
45
46 Tyler Sliger: In the written report we can make it a requirement that they send a picture of the posting. That is something
47 that I do with mine when I have a NIM, I take a picture of where I put it on the property and attach it. I have it in my
48 report that they have to fill out.
49
50 Charity Kirk: I think our problem is we want proof that citizens that are in the area are invited, are allowed to participate in
51 the meeting and the meeting actually happened. Without someone there how do we do that?
52
53 Beth Bronson:There is a checklist, is that included in the Planning Board's agenda package?
54
23
DRAFT
55 Tyler Sliger: Absolutely,that is something that Chatham County does with their NIMs they have a report that the
56 applicant fills out and it's something that we would review 14 days prior to the meeting and if something is missing then
57 it's not complete.
58
59 Randy Marshall: I was struck by Lamar's comments and 1,000 feet in some instances seems to be too short of a
60 distance for NIM notifications. Based on the size of the project, perhaps we should scale the size of the notification area
61 for NIMs. For future consideration,that might be something to think about.
62
63 Charity Kirk: Or density of the area, if it is a low density area.
64
65 Statler Gilfillen: What you're saying makes a great deal of sense,the larger a development is the more likely it is a major
66 corporate type of development and will have a different impact than something smaller.
67
68 Lamar Proctor: I have 2 concerns, I looked at google maps and looked at distances and 1,000 ft. in the County is
69 woefully inadequate. Looking at West Ten Rd., that doesn't even get you from Medline to the soccer fields and one
70 clearly effects the other. The other thing is I think most people who attend these meeting are pretty intelligent and they
71 know what everyone's role is,so I understand that it should be the applicant running the show but I do think it is
72 important to have a member of Planning there to answer questions and clarify things or to correct misstatements by a
73 developer. It makes sense that Planning shouldn't be running these things but to completely be absent seems a recipe
74 for disaster.
75
76 Randy Marshall: If it is a contentious meeting, there is some value in having staff there who can clarify issues.
77
78 Tyler Sliger: There are always people that are not going to be happy about any development no matter the size. This
79 year we had 2 or 3 and all of them were blaming Planning on why we were allowing it. It's one of those things if we are
80 not there,we are not the problem and it's on the applicant or the developer to educate. On our website we are directing
81 people to the planner for the project and the letters have the planner assigned to it as well. It's always an option to call
82 or come in to discuss.
83
84 Elizabeth Bronson: So even though you put it on the applicant you are still including the Planning Department's staff
85 contact information so that anybody from the public can follow up with planning staff and not the applicant on the details
86 of the project.
87
88 Tyler Sliger: Correct, email,direct phone line, all that is provided.
89
90 Randy Marshall: I see the role of a planner at these meetings as a referee to clarify what is allowed and not allowed so
91 that it doesn't get into an argument between applicant and neighborhood.
92
93 Elizabeth Bronson: I think that is stress on staff that is unrealistic expectation of staff. I don't see requiring staff to
94 attend. If a Planning Board member wanted to attend they would have that option.
95
96 Lamar Proctor: My concern is that a developer speaking to a poor or more rural or less educated, socioeconomically
97 depressed area that a developer can take extreme advantage and either directly or indirectly misinform the public.
98 There is just so much information that most people don't understand about this process that a developer who is looking
99 to make money and profit does not have a vested interest in properly informing the public about these things.
100
101 Beth Bronson: We would have a recording of that at a public hearing.
102
103 Lamar Proctor: Having a recording of a bunch of people being misinformed doesn't do anything.
104
105 Charity Kirk: The debate is down to whether we require staff to be there or not. Should we vote for it the way it is or is
106 there discussion about something else?
107
108 Melissa Poole: Is there a balance for any of these scenarios that have been brought forth?
109
24
DRAFT
110 Cy Stober: I appreciate the concern being expressed. The intention which is not explicit in the text and we can make
111 explicit, is that the submittal 14 days prior to the deadline for notification,whether it is the Planning Board meeting or the
112 staff administrative approval, is to allow staff to reject the NIM if we find evidence of misinformation. That is the intention.
113 If we need to make that explicit that can be done. Staff reserves the right to determine whether the NIM accurately
114 represented the project or not. That is another approach we can take.
115
116 Melissa Poole: So yes there is a checks and balance to that then my preference would be to explicitly state it. I think
117 you would agree that you would want it to be explicitly stated. You want them to state that staff can reject on any sort of
118 misinformation or misleading anyone.
119
120 David Blankfard: This can cut both ways,the people attending can say they were told the wrong thing off the record so 1
121 think if we had a staff witness but not necessarily participate, it will keep the developer in line and keep the citizens in
122 line. I think there should be a recording but I think that staff should be required or recommended to attend.
123
124 MOTION BY Randy Marshall that a planning staff member attend NIM meetings, not to run them but to be there to clarify
125 or answer questions. Seconded by Lamar Proctor
126
127 Adam Beeman: Just so we're clear, you are requiring them to attend the NIMs.
128
129 Randy Marshall: A planning staff member be in attendance at a NIMs meeting.
130
131 David Blankfard: Along with all the other requirements of being recorded and being 14 days and etc.
132
133 Randy Marshall: That's the only thing I am proposing to add.
134
135 Overlapping conversations
136
137 Beth Bronson: It's a motion to see who all on this Board is interested in having this go back.
138
139 Adam Beeman: Requiring them to go to the meeting. That's what we are after right now are we going to approve a motion
140 to require a staff member to attend the NIM. Is that about what you are saying? You have Lamar's second.
141
142 Statler Gilfillen: This is asking for more time for your staff to do something in particular, do you have a comment about
143 that?
144
145 Cy Stober: The Planning Board is here to advise the staff on land use and development concerns. You are appointed to
146 advise us on land use and development concerns so if in your opinion we should attend the meetings, we will attend the
147 meeting. We will find the resources.
148
149 Adam Beeman: Everybody satisfied?
150
151 Beth Bronson: They did explain how they had gone to add that text amendment and they were told by the legal not to so
152 even though we are making this motion, I'm not really sure what could happen.
153
154 Charity Kirk: Were you told be legal not to?
155
156 Cy Stober: We were advised by counsel not to have that be the sole method of representation of the meeting.
157
158 Lamar Proctor: So it doesn't fall upon staff to verify the meeting in any way. Their role would be very limited and it seems
159 to me that these LIDO amendments greatly reduce the current workload on staff in terms of NIMs.
160
161 MOTION BY Randy Marshall that a planning staff member attend NIM meetings, not to run them but to be there to clarify
162 or answer questions. Seconded by Lamar Proctor
163 MOTION PASSED 7—2(BEEMAN,KIRK)
164
25
DRAFT
165 MOTION BY Lamar Proctor to expand the notice distance from 1,000 feet to 2,500 feet.
166
167 Lamar Proctor: Since staff is not having to do it, it is up to the applicant to do it. I move to expand because given the
168 rural nature of the much of Orange County that the vast expanse of spaces that I think the notice requirement, I would
169 move to amend the notice distance from 1,000 feet to 2,500 feet.
170
171 Charity Kirk: Is that appropriate in this?
172
173 Cy Stober: It will need to be reviewed by legal counsel. There are statutory requirements about public notification within
174 160D and about consistency and how we notify but as Tyler presented, NIMs are voluntary and are not governed by
175 statute in nearly the same way a public hearing or Planning Board meeting is. That will need to be run by them but we
176 can communicate and if we need to come back to the Planning Board with that with further commentary we will.
177 Otherwise it would be added to the Planning Board's recommendation and presented to the BOCC as such.
178
179 Randy Marshall: I think we need a broader discussion of that and not just have that here. Again, I would like to have a
180 scale and not a flat square footage area.
181
182 Cy Stober: If I may, I do have a concern about having different public notification requirement for Neighborhood
183 Information Meetings versus Public Hearings and Planning Board meetings and essentially the different threshold being
184 applied for public notification but really the only qualitative difference is whether its governed by statute or not. It does
185 give me pause, I do have concerns about the legal review and I think it is deeper water than it may first seem. I am
186 happy if directed by the Planning Board this evening to discuss it with legal,to pursue the amendment further and have
187 the staff opinion for presentation to the Planning Board if that is the wish of the Board.
188
189 Adam Beeman: I think it needs discussed further at a different meeting because I'd like to discuss the costs that you are
190 going to put on the applicant now by more than doubling his area that he has to reach out to.
191
192 Charity Kirk: Can we separate it out from this?
193
194 Cy Stober: It already is—Mr. Proctor's amendment is separate from the text amendment.
195
196 Charity Kirk: Are we ready to approve this and then can we ask for you to review Mr. Proctor's amendment.
197
198 Cy Stober: He has made a motion, if there is a second or if the motion dies.
199
200 Charity Kirk: But that's separate from this?
201
202 Cy Stober: Yes.
203
204 Lamar Proctor: I did make the motion so I can either withdraw it or no one can second it.
205
206 Charity Kirk I would make a motion to discuss at a future date to increase the mailing radius.
207
208 Lamar Proctor: I stand by my proposition that 1,000 feet is woefully inadequate. I did not consider Cy's statement that it
209 would create a incongruence between statutory, mandated notice requirements and voluntary notice requirements and 1
210 do think that is going to give somebody a headache. I do think that this is an issue so my concern is that anything that
211 we discuss that isn't a change to the LIDO at this point is going to be months, maybe years before the opportunity comes
212 to modify the LIDO.
213
214 Cy Stober: If you give us a deadline,we would have to report back to you by a certain date. I would ask that it not be
215 over the holidays or for the January meeting but we would come back to you at a future Planning Board date after we
216 have discussed it with the County Attorney's Office and have a brief information discussion item perhaps on an agenda
217 without a lot of other particularly public hearing matters or that we have enough time to discuss it in depth.
218
219 Randy Marshall: I propose that we take advantage of your offer and that you bring it back to us when you are ready.
26
DRAFT
220
221 Lamar Proctor: I withdraw the motion but I would make a motion to ask Planning staff to investigate potential expansion
222 of NIM notification and report back to the Planning Board in 120 days.
223
224 Randy Marshall: I second
225
226 Beth Bronson: Is it just the NIM?
227
228 Lamar Proctor: I don't think you can mess with notification requirements for other things that are mandated by statute.
229 Since the NIM is voluntary, my thinking is that people in the County don't know something is happening until the ground
230 is breaking and they want to know why it is in their backyard and by that point it is way too late. I am trying to serve the
231 citizens of Orange County to get a little bit greater increase in notice so that the word spreads.
232
233 Overlapping conversations
234
235 Adam Beeman: The motion is for the planning staff to come back within 120 days to discuss the potential expansion of
236 the notification range on the NIMs?
237
238 Lamar Proctor: Yes
239
240 Charity Kirk: Notification range in general if possible.
241
242 MOTION BY Lamar Proctor to ask Planning staff to investigate potential expansion of NIM notification and report back to
243 the Planning Board in 120 days. Seconded by Randy Marshall.
244 MOTION PASSED UNANIMOUSLY
245
246 Adam Beeman: So now I need a motion to approve.
247
248 Overlapping conversations
249
250 MOTION BY Charity Kirk to approve the LIDO text amendment for the Neighborhood Information Meetings with the
251 approved amendment and the Statement of Consistency. Seconded by Beth Bronson.
252 MOTION PASSED UNANIMOUSLY
253
254 **************************************