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

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d. A BOCC member suggested a condition on the potential to limit the hours of operations for non-residential land uses locating within the project. STAFF COMMENT: The applicant’s response to this condition read as follows: At this time the developer would like to remain flexible with the potential hours of operation and address this possible condition during the Site Plan approval process. An operational restriction of this type during the early stage of approvals would infringe on the marketing potential for the project. At its January 10, 2018 meeting, the Board voted unanimously to recommend against imposition of this condition. For more information please refer to Attachment 5. Staff is also not in favor of enacting such a condition on the project. e. At its January 10, 2018 regular meeting, the Planning Board recommended a condition requiring the reservation of 1% of required parking spaces, exclusive of any hotel development, within District 2 to support vehicle charging stations for electric cars. The applicant agreed to the imposition of the condition at the meeting, which is now contained within Attachment 11. As excerpt of the approved November 14, 2017 Quarterly Public Hearing minutes is contained within Attachment 2. A summary of issues discussed at the public hearing is contained within Attachment 3. Agenda materials from the public hearing can be accessed at: http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/171114.pdf. The Planning Board originally reviewed the application at its October 4, 2017 regular meeting and recommended approval of the project with the imposition of additional condition(s). Agenda materials from this meeting can be accessed at: http://www.orangecountync.gov/10042017AgendaPacket.pdf. An excerpt of the approved minutes is contained within Attachment 1. The Planning Board reviewed suggested/recommended modifications to conditions at its December 18, 2017 and January 10, 2018 regular meetings. Agenda materials from the December 18, 2017 regular meeting can be accessed at: http://www.orangecountync.gov/DecemberPBAgendaPacket.pdf. An excerpt of the approved minutes is contained within Attachment 4. Planning Director’s Recommendation: The Planning Director continues to recommend approval of the application with the imposition of the new conditions referenced herein, as detailed in Attachment 11, summarized as follows: ‐ Fire Marshal approvals (Town and County). ‐ Major Transportation Corridor (MTC) buffer, pursuant to existing UDO which allows 50% clearing but with replanting/landscaping if for vehicular use. ‐ Signage - No ground lighting, architectural monument. ‐ Public School Land Use, not permitted in District 1 or 2. ‐ Utilities - Utility design to serve project and EDD area within industrial and retail design parameters. 8