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

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17 are extensive traffic improvements that have not been specifically reviewed this evening, but have been communicated to the BOCC via email. Jim Parker said he does not know how do insure that this does not end up as Oakdale or the area across from Wal-Mart. He said they will continue to work with the Town of Hillsborough, and the process does not end with BOCC approval. He said BOCC approval would, however, provide something to attract tenants. Commissioner Burroughs asked if he would address the flood plain issues. Jim Parker said there are flood plain issues in both districts, which cannot be developed. Commissioner Burroughs asked if the flood plains were removed, what would be the developable acreage. Jim Parker said 20% are flood plains. Commissioner Jacobs said about a year ago, staff and the BOCC reviewed an extensive list of permitted and unpermitted uses in the EDDs. He asked staff if there is an update on this list. Michael Harvey said staff and the County Attorney’s office are still working on this project. He said the Applicant used the Board’s comments on these uses, and incorporated only those uses that were identified as being plausible. He reminded the BOCC that the Applicant provided a detailed listing of land uses that would be proposed for District I and II, which can be found on page 103 of the packet. Commissioner Jacobs said he appreciates the inclusion of these concerns, but doubts that the BOCC raised all possible concerns at that time, and he assumes the residents may have some concerns about some of those uses, not knowing what they are. He asked if there is a timeline for this to come back to the BOCC. Michael Harvey said probably in January or February 2018. Commissioner Jacobs asked if the BOCC approves a plan for this area, could annexation by Hillsborough result in a change of the uses. Michael Harvey said yes, and annexation will be subject to compliance with the applicable Town zoning, as establish as part of that process. Commissioner Jacobs asked if it is possible to assure the community that what is approved by Orange County will be what is actually developed. Michael Harvey said he the County works closely with the Town Planning department, but he cannot offer any guarantees. He said the Town would take up the zoning of property consistent with its existing land use plan and Town code. Michael Harvey referred to questions about the flood plain concerns, and said the County has a fairly extensive flood plain management program. He said the County prohibits development in flood plains, and requires buffers. He said the Applicant would have to abide by those standards. He said the Applicant does not wish to deviate from the County’s stormwater or erosion control standards, and that is in addition to doing an environmental assessment on every site plan that is submitted. Chair Dorosin asked if this could be clarified, and if each structure has its own site plan. Michael Harvey said each individual structure will be subject to an individual site plan review and approval by County staff, consistent with the applicable provisions of the UDO, as well as any specified standards as detailed within this resolution of approval. Commissioner McKee said he heard that the entire site would be clear-cut and stripped, which he knew was inaccurate. He asked Michael Harvey if he would clarify the boundaries of clearing on a site with flood plains. Michael Harvey referred to a map, and said there will be a 100-foot buffer on the western and southern property that is required by the UDO, and the Applicant will honor this. He pointed out the stream and flood plain, both of which must have a 65-foot undisturbed, natural area buffer on each side. He said there are wetland pockets and other streams that will have to be buffered, and are not developable. He said there are utility lines in this area, which are not developable. Commissioner Rich asked if it is known who would provide emergency services to this area until annexation. 48