Agenda - 11-14-2017 - D.1 - Zoning Atlas Amendment: Conditional Zoning —Master Plan Development

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71 AGENDA ITEM 9: MASTER PLAN DEVELOPMENT APPLICATION-SETTLER'S POINT-To make a recommendation to the BOCC on an application for an MPD-CZ (Master Plan Development Conditional Zoning). The proposed project encompasses 272 acres in and adjacent to the Hillsborough Economic Development District(EDD)south of Interstate 40 on both sides of Old Highway 86. This item is scheduled for the November 2017 quarterly public hearing. PRESENTER: Michael Harvey, Current Planning Supervisor Michael Harvey reviewed the presentation. He guided the Board through the additional materials Staff passed out, including a replacement page for the recommendation (page 259), a revised Attachment 7 which is the ordinance amendment to the Orange County Zoning Atlas for this project. Mr. Harvey said that Staff has received a Zoning Atlas amendment that proposes a rezoning of 20 parcels of property, approximately 272 acres of land south of Interstate 40 through a Master Plan Conditional Zoning designation. Mr. Harvey showed visually the area which located both within Economic Development Transition and Rural Residential (R-1)(shown visually), and within urban- designated and rural-designated within the Growth Management Plan. Mr. Harvey said that Staff recommends that the review of District 3 (properties 10-20) be tabled for this discussion this evening, reason being that this area containing said 10 parcels of property is not consistent with the Comprehensive Plan and the way that a Master Plan Development isreviewed. This area is not in a land use classification that will allow the review of this project. Mr. Harvey continued with the presentation and discussed the rezoning of the subject parcels of property from Economic Development — Hillsborough 2 (EDH-2), Economic Development — Hillsborough Office/Retail (EDH-4), Economic Development— Hillsborough Research and Manufacturing (EDH-5) to Master Plan Development Conditional Zoning (MPD-CZ). He also noted that there are portions of the property within the Special Flood Hazard Area District Overlay, and until the Overlay is eliminated, it has to be referenced. District 1 is intended to allow for research and manufacturing land uses (see revised Attachment 7, page 307). The first parcel of property is 148 acres (see breakdown of each Parcel Identification Number in packet)of land to be rezoned to allow for research, manufacturing and industrial land uses. It is west of Old NC 86, south of the interstate, and is currently accessed via a service road. As noted, these properties are located with an economic development transition area, according to the Future Land Use Map of the Comprehensive Plan, allowing for the MPD-CZ. District 2 encompasses 10 total parcels covering 47 acres in area; it is intended to be commercially-zoned. It is located east of Old NC 86, south of interstate, and is currently accessible via Old NC 86. It is also located within an economic development transition area which allows for a MPD-CZ. The intended land uses include office, retail, service operation, hotels, restaurants, etc. He reminded the Board that District 3 is not being discussed at this meeting. Mr. Harvey briefly reviewed the MPD-CZ rezoning process wherein Staff reviews the proposed plan which, being different than a Special Use Permit, does not require sworn testimony as part of the application. The schedule of review of this project started with a Neighborhood Information Meeting (NIM) on the September 14, 2017 per the UDO. The developer held its own neighborhood meetings without Planning Staff for adjacent property owners. The second action in the review process is for the Planning Board to make a recommendation and then the project will go before a public hearing, which if recommended, will go to the upcoming November 14, 2017 Quarterly Public Hearing. Per Section 2.9.2 (F) (3)of the UDO, mutually-agreed-upon conditions can be imposed, addressed compatibility with the proposed development with surrounding property, and proposed development of support facilities and other matters the County may find appropriate, and the petitioner may propose. The applicant and Staff have created conditions through this mechanism. If approved, the Zoning Atlas would be modified to change the 10 properties identified to MPD-CZ, allowing for the development of the Settler's Point project. Mr. Harvey said that the development of individual land uses will be handled by Staff (i.e. reviewing site plans for permissible uses) but there will be no additional Board review. This proposal would establish a zoning district and development will be accordance with the UDO along with any specified condition articulated in Attachment 7 that the developer has asked to be imposed. Tony Blake asked if there would be special uses. Michael Harvey replied that Mr. Blake's question would be reviewed later in the presentation. He continued with his remarks saying that the Boards would only review this proposal again if the developers proposed an amendment to the Master Plan. Mr. Harvey summarized the conditions (25 pages)of which the applicant is imposing. One condition