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11 DRAFT 225 this parcel to be served by public utilities? Yes,she could and that would make this property viable for the extension of 226 CITAN. I think the applicant is rezoning the property to begin marketing it for sale. I don't have a path forward for the 227 applicant and the other concern is that if this applicant were allowed to proceed,we would inadvertently be setting her up 228 for a couple of years'worth of work and effort because if the property were marketed for commercial purposes, 229 development would not be practical until two planning documents were modified through separate processes that they 230 require in order for utilities to be extended, unless annexed which is a separate process. I don't dispute the applicant's 231 assertion this is, in many cases, a logical extension. The problem is it doesn't meet the requirements of the 232 Comprehensive Plan which is why the Director and I have had to complete the analysis as we have and make the 233 recommendation that has been made. 234 235 Charity Kirk: What would happen if we voted to approve this? 236 237 Michael Harvey: The Planning Board can make their recommendation, the staff's recommendation would still be to deny 238 based on the inconsistency with the Comprehensive Plan. You can make your own recommendations based on your own 239 reasons, I don't want to give the impression that you have to follow staff but the staff can't change its recommendation. 240 We have to maintain the consistency of the Comp Plan. 241 242 Charity Kirk: I understand that,what would happen if we voted yes? 243 244 Michael Harvey: The County Commissioners would get your recommendation separate from the staff recommendation 245 and the abstract presented to the County Commissioners say the Planning Board has recommended you approve this 246 request and here's our rationale. Staff would have a separate recommendation with a separate rationale. The County 247 Commissioners, upon holding the public hearing,would then make a determination as to the best way forward. 248 249 Craig Benedict: Exactly,the Planning Board is an advisory board they can recommend for or against with the rationale 250 and in any event it proceeds to the Commissioners for public hearing and then their final action on the item,which could be 251 approval or denial also. 252 253 Adam Beeman: What would it take to change all those documents for future growth on 86? With Virginia legalizing 254 marijuana and Danville getting a casino it is going to become a very busy place. 255 256 Craig Benedict: Usually every 5 to 8 years we reanalyze our joint cooperation agreements with our local governments to 257 see if areas have been built out in the areas that are intended for growth and if there need for additional areas. The 258 dialogue would begin with a joint meeting with the planning directors and myself or Michael Harvey with the applicant to 259 say are there conditions showing that it is appropriate at this time to start expanding the urban growth area of Hillsborough. 260 In our conversations with Hillsborough, they do not have any interest at this time to expand their growth boundary. I think 261 it's a timing issue. As Waterstone and other areas expand out and undeveloped properties become built this can be 262 reanalyzed in the coming years. 263 264 Whitney Watson: I appreciate that the staff has been thoughtful about trying to find a way forward for Ms. Richardson and 265 respecting all the planning work that has gone on into creating the underlying documents. That's how I do feel that this 266 staff recommendation is what it is. I also understand that the property owner wants to see their greatest realization from 267 sale or development of that piece of property but as I looked at the map and saw, moving south on 86, those parcels 268 become smaller and smaller making them less desirable as areas for development and since they back up onto Duke 269 Forest, unless Duke University is willing to sell part of that, there is no real opportunity to extend commercial areas to the 270 east. Perhaps the applicant could be encourage to think about how that area could be developed for residential and the 271 idea that it backs up to a forested area with rich habitats and opportunities for nature encounters would seem to be a 272 natural marketing advantage for high end homes in that area. I would hate to see us continue to land lock or lock up Duke 273 Forest and make it even less accessible. 274 275 MOTION by Randy Marshall to take the Planning Director's recommendation and that the request be denied because the 276 extension of the Commercial Industrial Transition Activity Node is not viable at this time as the property cannot be provided 277 with public water and wastewater services;the requested rezoning cannot be approved without the extension of CITAN; 278 the requested rezoning is inconsistent with the current policies of the adopted County Comprehensive Plan,the Town of 279 Hillsborough/Orange County Central Orange Coordinated Area(COCA) Land Use Plan and the Water and Sewer 280 Management Planning and Boundary Agreement(WASMPBA). Seconded by Melissa Poole.