Agenda - 09-15-20; 5-a - Zoning Atlas Amendment - Master Plan Development Conditional Zoning District (MPD-CZ) for the Research Triangle Logistics Park (RTLP)

Browse Search

4 Marshal, and NC DOT. On June 30, 2020, Planning staff sent a detailed letter to the applicant requesting required revisions.  The Planning Board held two meetings in August related to this case.  August 5, 2020 –The proposed RTLP rezoning application was presented to and reviewed by the Board, but not voted on. The meeting was continued to August 19.  August 19, 2020 – The Planning Board held a special meeting to continue review and deliberation on the proposed RTLP rezoning application. After public comment and deliberation, the Planning Board recommended approval in a 6-4 vote.  The rezoning application is scheduled for public hearing at the September 15, 2020 Orange County Board of Commissioners Business Meeting. In accordance with Session Law 2020-3 (Senate Bill 704), Section 4.31(a), which pertains to remote meetings during declared emergencies, written comments on items heard at a public hearing are accepted for 24 hours after the public hearing is closed and the Board of County Commissioners shall not make a decision on public hearing items until after the 24-hour period for written comments has concluded. 2.2 Are the specific tenants, businesses, or companies associated with the proposed RTLP project available? If not, why? No. Information pertaining to specific tenants, businesses, or companies related to this project are not available or required. Furthermore, it is unlawful for the County to require this information or make a decision based on the specific tenants, businesses, or companies. The applicant is obligated to identify land uses they are intending to seek approval from the County to develop within the project. They are not obligated or required to provide a site-specific development plan identifying the actual tenants or companies for approval. The MPD-CZ process essentially allows the County to create a new zoning district with mandatory development standards and criteria governing actual development activities. Through this process the County does have the ability to offer comment and/or make conditions on proposed land use categories (i.e. manufacturing land uses, research land uses, professional office land uses, etc.), but does not have the ability to compel applicant’s identify specific clients. If there is a concern over a particular activity, the BOCC can impose conditions to address. 2.3 If the rezoning request is approved by the Orange County Board of Commissioners, what will be the next steps in the process? If approved, this application will rezone the parcels to a Master Plan Development - Conditional Zoning (MPD-CZ) District. A MPD-CZ is a unique zoning district with its own development conditions specific to the project and the site. The applicant and the BOCC must discuss and mutually agree to development conditions at the public hearing. In order to develop the project, the applicant must comply with those conditions. Rezoning applications, like this application for RTLP, deal with zoning and land use. Development permitting is handled separately. If the RTLP rezoning is approved, the applicant will still have to apply for development permits, including a site plan, stormwater management plan, building permits, etc. Staff will review those applications administratively. All development plans must comply with the Unified Development Ordinance. 2.4 What happens to the existing MPD -CZ previously approved for Settlers Point? The existing Settlers Point MPD-CZ was approved by the County in January 2018. As staff understands it, the original applicant was unable to move the MPD-CZ for Settlers Point forward (i.e. initiate development activity) until utilities were extended. Extension of utilities, unfortunately, has been delayed. The current applicant is seeking to modify what was originally approved back in 2018 and has 554