Agenda - 01-23-2018 5-a - Zoning Atlas Amendment - Conditional Zoning – Master Plan Development Conditional Zoning District (MPD-CZ) Settlers Point

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13 Approved 11/01/2017 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 LIDO, 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 is that the project is not guaranteed utility services by the Town of Hillsborough. With respect to utilities, the applicant must comply with the provisions in the UDO. The developer proposes that the project be served by public water and sewer and Staff agrees. Utility provision must meet UDO and Town standards. Mr. Harvey said that extension of utility services to District 2 shall have to be reviewed and approved by the Town of Hillsborough prior to its development. The County is working on a detailed agreement with Hillsborough but the County has already committed to extend water and sewer under the interstate, which could be used to serve District 1. The extension of utility services to District 2 would have to go through a similar process by the Town amending its agreement to allow for water and sewer to serve District 2. Lydia Wegman asked if the County would do the extension. Michael Harvey replied that it would be on the developer or successor to secure this extension; it is up to the individual(s) proposing the project. Mr. Harvey said that the project must go through site plan review per the UDO and that per the developer's recommendation, all submittals will be subject to an environmental and transportation impact analyses. He reviewed that an environmental assessment (or Environmental Impact Assessment (EIA)) looks into potential negative impacts on environmental features on the property (namely water bodies, floodplain, wetlands), soil composition, best location for a road, and weighs environmental constraints on the property. Staffs site plan review takes into consideration this assessment to ensure that environmental conditions are not