5-a - Zoning Atlas Amendment - Conditional Zoning – Master Plan Development Conditional Zoning District (MPD-CZ) Settlers Point

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Approved 11/01/2017 8 Paul Guthrie asked about a transmission line about a block-and-a-half from the site. Have there been discussions with the power company about this line? Michael Harvey replied that no, there have not because no site plan has been submitted yet. While Staff knows there is service availability, it is currently unclear which use will be reviewed for approval first. It is incumbent upon the developer to make improvements on utilities for the good of the project, just like any developer in Orange County when it comes to utility upgrades. As site plans come-in, the Town of Hillsborough will decide if they can handle capacity, and if they cannot, the use cannot be approved. Paul Guthrie asked if the developer will pay for additional costs associated with this. Michael Harvey responded that if a developer wants utility upgrades for a project, they will have to pay for it. He cannot comment for the Town of Hillsborough. Paul Guthrie noted that there has been an interesting dialogue going on with Hillsborough on this project, as he read in the materials provided. Michael Harvey agreed and said that most of that dialogue is on District 3. Ms. Hauth’s letter voicing concern over the Town serving a residential project this far south, outside the Town’s corporate limits, is included in the materials given to the Board. These are the issues to discuss further. Paul Guthrie said that Hillsborough will have to weigh capacity of water needs/use based on what gets built on the site. Michael Harvey replied that applicants have to provide information for site plan review to figure out these very issues. Craig Benedict said that in regards to water capacity for District 1, the agreement that the County has with Hillsborough does have a certain allocation – 108,000 gallons/day. This is part of the agreement in that area. Any uses that come forward will have to spread-out over the 148 acres or so to accommodate the capacity. For other issues outside of District 1, District 2, and possibly District 3, there will have to be an independent agreement between Hillsborough and the developer to negotiate water and sewer consumption. The County is involved with the District 1 agreement because the County is involved with getting the sewer system under the interstate and beginning the loop of a water system to support that project and more. Michael Harvey said that Staff’s recommendation is for the Board to receive this application, to deliberate, and consider the following recommendation: Table action on District 3 with a recommendation to the elected officials that this area (District 3) come back to the Planning Board for continued review and discussion for your April 2018 meeting. If there is action that would enable District 3 to be acted upon by the County, the Board would have sufficient time to do so. Staff wants to avoid the unnecessary re-advertisements if the Planning Board can review this at a later time after the elected officials make a recommendation. Tony Blake asked if NIMs for District 3 are done. Michael Harvey replied that the NIMs for the entire project are done. He continued with the recommendation. Staff recommends that the Board approve the Statement of Consistency in Attachment 6 with the provision that any references to property in District 3 be eliminated; approve the ordinance, Attachment 7, which has already been modified to eliminate references to District 3. Mr. Harvey said that he will fix some errors in Attachment 7 at the appropriate time, once he gets more direction from the Board. He turned the presentation over to the applicant. Someone from the audience asked when the public would be able to make comments. Lydia Wegman replied that the applicant will make his presentation and then the public will be invited to speak. 18