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28 <br /> <br />2. Ordinance amending the Zoning Atlas, as well as imposing development conditions, for 1 <br />the identified parcels as contained in Attachment 3. 2 <br /> 3 <br />Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it 4 <br />should be noted that Section 2.2.8 of the UDO states that no application for the same or similar 5 <br />amendment, affecting the same property or portion thereof, may be submitted for a period of 6 <br />one year. The one year period begins on the date of denial or withdrawal. 7 <br /> 8 <br />RECOMMENDATION: In the absence of the applicant formally accepting recommended 9 <br />conditions, the Manager recommended the Board continue to review/discuss the project and 10 <br />review imposition of additional conditions. 11 <br /> 12 <br />If the applicant accepts the imposition of recommended conditions, in writing, by the October 6, 13 <br />2020 meeting the BOCC can approve the Statement of Consistency (Attachment 2), and the 14 <br />Ordinance Amending the Zoning Atlas (Attachment 3). 15 <br /> 16 <br />Commissioner Price asked if the Town of Hillsborough plans to annex this site. 17 <br /> Michael Harvey said there is no plan to annex this property based on the approval of this 18 <br />plan. He said if the site goes over the daily water allotment, then the Town may require 19 <br />annexation as a condition of any additional water and sewer. 20 <br /> Commissioner Price asked if the fire department has enough equipment to handle 21 <br />buildings that are over five stories high. 22 <br /> Michael Harvey said yes, and the buildings will have to have sprinkler systems 23 <br />throughout, in accordance with state building code. 24 <br /> Commissioner Price asked if these buildings will place a greater burden on the fire 25 <br />department. 26 <br />Michael Harvey said this question was asked, and the answer was that it will not have an 27 <br />impact on fire provision and service. 28 <br /> Commissioner McKee referred to page 52, section b-1, second paragraph, and said the 29 <br />language is confusing. 30 <br /> Michael Harvey said the height limit is 60 feet for the project at large, and those 31 <br />structures fronting Davis Road shall not exceed 40 feet in height. He said there was a repetition 32 <br />of words by mistake, which he corrected. 33 <br /> Commissioner Price said she is concerned about the language of “fronting on Davis 34 <br />Road,” and asked what will happen if the front of the building is on an inside road. 35 <br /> Michael Harvey said if a building has frontage on Davis Road, even if the front entrance 36 <br />is on an internal street, the height will not be able to exceed 40 feet. He said this language is 37 <br />from the Applicant, and it may be best to speak with them on this matter. 38 <br /> Commissioner Price said the County could insure this condition. 39 <br /> Commissioner Greene asked Michael Harvey if he could read the second paragraph 40 <br />under “b” the way it is meant to be written. 41 <br /> Michael Harvey said the statement should read “no structure shall be erected fronting 42 <br />Davis Road which exceeds 40 ft. in height, above the highest elevation of the adjoining portion 43 <br />of Davis Road, as measured to the roof deck of the building.” 44 <br />Commissioner Greene asked if “the highest elevation of the adjoining portion of Davis 45 <br />Road” could be clarified. 46 <br />Michael Harvey said the Applicant is trying to articulate the fact that parts of Davis Road 47 <br />have higher elevation than the property. He said the goal is trying to avoid an arbitrary 40-foot 48 <br />height limit when the land itself goes up and down. 49 <br />Commissioner Greene said now she is even more confused. She said at first reading 50 <br />she was worried the measurement would be from the highest portion of Davis Road, which 51