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 15 Randy Marshall said that it sounded like the possibilities for many of these uses have been there for 20 to 30 years. Michael Harvey clarified that there are land uses as part of this application that are currently are not allowed. He said that said land uses have been discussed in several forms with this Board and the BOCC as uses that these bodies want to see. The applicant has mirrored its application based on the proposed changes in the Table of Permitted Uses. There are aspects of this project that are currently permitted. If the question is, could there be some type of industrial operation in this project, the answer is yes. Would it be reviewed under the current confines of the UDO? Yes. This area has been encouraged and promoted as a good area for heightened economic development. Randy Marshall said that several people have pointed out that they know that something is coming to the area and no one wants to have their quality of life impacted by the area being developed, but the County wants to develop it. He said that the Board is trying to make the best decision about what goes into the area. Michael Harvey said that it is also important to note that up until recently, there have been limitations on development in this area; most notably, lack of infrastructure. That’s about to change, he said. In a way it is inevitable that this area be used for economic development, notwithstanding utility services, and because it is one of the last interchanges in the area that has not seen appreciable development. The scarcity of land like this positioned near interchanges will make this area attractive. These are the facts but these comments are not meant to make the Board act now. He made the point again that the necessary tools to make development more possible in this area are being extended. Lydia Wegman asked Michael Harvey to identify which of the uses listed on page 314 would not currently be allowed but that are being considered for inclusion in the revised Table of Permitted Uses. Michael Harvey said that most of these uses on page 314 will be included in the revised Table of Permitted Uses, based on the directive Staff has from the Planning Board and the BOCC. There is not a lot of distinction, and the developer used the Table of Permitted Uses discussion to influence what the County wants to see land use-wise. In consideration of the purpose and intent of this zoning district, there could be a heightened level of industrial uses allowed, once the Table is adopted at some future date. Craig Benedict said that the regulations that the County has put together, in anticipation of this land use implementation that has been on the map since the ‘80s, takes into account the impacts that community members voiced. Traffic-wise, road capacity is evaluated by the TIAs. When traffic from this project meets certain thresholds, the developer has to make improvements. Mr. Benedict said that this is not a case where the project continues and someone else fixes the project later. Many residents raised concerns about lighting. Orange County has one of the best “dark sky” ordinances in North Carolina. The lighting program in Section 6.11 of the UDO requires that light be limited and directed down. In terms of the environmental issues, the site-by-site EIAs will be considered alongside master planning for stormwater management which protects the water table. Even though wells are permissible within the development, they may not necessarily have to install them. It could be the case that stormwater areas down to groundwater could provide the water for irrigation and other landscaping. Tony Blake asked if there is something that can be done to restrict the amount of water used from a well during a drought. He acknowledged the technical solutions but asked if verbiage could be added to address the issue. Craig Benedict responded the water table in Orange County is not in the typical stratospheric table seen in other parts of the country. It is in granite. The creation of a well is about hitting the right cracks in the rock. Since there are some adjacent properties with wells that are outside of this project, if there are wells are requested in the future for landscaping, Staff can direct the developer to an area with the least susceptibility of affecting nearby wells. Tony Blake said that there could be something codified about this issue. Craig Benedict noted that the protections as part of the MPD-CZ are more intense than in general use zoning. The amount of uses allowed in a master plan development is a restricted list from the full list in the Table. There are more 25