HomeMy WebLinkAboutTA23-02 Community Information Meetings - Staff Report - PBSTAFF REPORT FOR TA23-02
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA23-02
Request:
To amend Section 10.2.3 Community Information Meeting to clarify expectations and standards
for Community Information Meetings required for conditional rezonings, planned developments,
and intensive industry special use permits.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance (UDO)
Purpose & Intent
The key intent of this amendment is ensure that applicant teams, adjacent residents/property
owners, and board members have a common understanding of the purpose of the community
information meetings required for certain development applications, that standards ensure that
owners and residents of adjacent land are informed of proposed development applications, and
that the meeting serves as an effective forum for concerns to be resolved through discussion and
modifications to the proposal when possible.
BACKGROUND
The New Hanover County Unified Development Ordinance requires applicants hold community
information meetings before submitting an application for conditional rezonings, planned
developments, and intensive industry special use permits. This type of meeting was first required
by the county in 2007 in response to public concerns voiced regarding the River Lights development
(which was reviewed by the county prior to its annexation by the City of Wilmington). At that time,
it was intended to ensure that nearby residents and property owners were informed of potential
development proposals earlier in the process to support their ability to participate. Since then,
board members and community residents have indicated during public hearings an expectation that
these meetings should also serve as forums to resolve potential conflicts before an application is
submitted, either through discussion or modifications to the proposed plan. This expectation, while
included in the meeting purpose statement in 2019 as part of the UDO Project amendments, may
not be recognized by all code users, and the implications of this expanded purpose on meeting
format and application requirements has not been previously addressed.
This conflict in expectations of the purpose and requirements for community information meetings
was recently highlighted at a Planning Board meeting when an applicant took advantage of a
section of the ordinance that allowed applicants proceed with an application if they submitted a
report stating the reasons why the meeting was not held. The applicant felt that due to recent
public hearings, adjacent community members were aware of the project and the new application
reflected their input, so an additional meeting was not necessary. The ordinance allows the Planning
Board and Board of Commissioners to determine the adequacy of that report, and the Planning
Board voted 4-3 to not accept the report in lieu of the community meeting. Consideration of the
applicant’s proposal was delayed until a community meeting was held.
While this instance expedited staff’s efforts to address requirements for community information
meetings, questions and complaints regarding these meetings had been ongoing for several years.
Staff had received questions from community members regarding why some notice included certain
information and others did not and complaints that either notice had not been received or was
received so late that adjacent property owners were unable to attend the meeting. Applicants had
also indicated that the required meetings were becoming a barrier in the process and a forum for
complaints and citizen anger rather than the source of up-front information originally intended.
The proposed text amendment and associated administrative documents are intended to re-set
expectations for applicant teams, adjacent residents/property owners, and board members so this
forum can better serve the purpose currently intended for it in the planning process. The text
amendment would articulate current expectations that input provided during community information
meetings should be considered by an applicant and impact the project submitted as a formal
application. The associated administrative documents are meant to better support meetings
designed to be accessible for attendees, reducing potential conflict.
Staff released drafts of the proposed amendment to the UDO and associated administrative
documents on March 31, 2023 for a public comment period that ended at 8 am on April 24, 2003.
During this period, comments were received from staff members at Paramounte Engineering. Those
comments and staff responses are attached.
The proposed amendment has been revised to provide for some flexibility for scheduled meetings
that were unable to occur due to reasons beyond the applicant’s control, and the administrative
documents have been revised to more clearly differentiate between administrative requirements
that must be met in order for an application to be deemed complete versus recommendations and
best practices.
PROPOSED AMENDMENT & ADMINISTRATIVE DOCUMENTS
The proposed draft amendment is attached, with red italics indicating new language proposed as
part of the public comment draft and strikethrough indicated text that is to be removed. New
language provided in response to public comments or additional staff consideration are indicated
by blue underlined text.
All administrative documents are new, and changes made in response to public comments or
additional staff consideration are indicated by strikethrough or blue underlined text.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to clarify expectations for required community
information meetings and the proposed administrative documents. I find them to be
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because they
clarify an important part of the planning process necessary to support the goals of the
Comprehensive Plan for a vibrant community supportive of private investment that also
conserves and enhances our sense of place. I also find RECOMMENDING APPROVAL of
the proposed amendment reasonable and in the public interest because it clarifies
expectations for applicants, citizens, and board members related to community meetings.