Agenda - 06-06-2023; 5-b - Zoning Atlas Amendment MA22-0004 – Parcel Located off Lawrence Road and US 70A, in Eno Township

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4 Following the Planning Board's formal recommendation of denial for this application at the May 3, 2023 regular meeting, the applicant amended the list of offered conditions to include the following two (2) conditions: 1. There will be no cafeteria facilities if the site is served by an on-site septic system; and 2. For a minimum of six months after approval of this zoning atlas amendment, the applicant shall not submit any site plan application for approximately 12 acres designated for a school use within PIN 9883-19-4355, and during those six months the applicant shall grant the Orange County School District an exclusive right to negotiate the purchase or lease of approximately 12 acres for use as a K-8 school. Development of the property shall be permitted only through the review and approval of a future site plan application(s) in accordance with Section 2.5, 2.18, and 2.19, respectively, of the UDO. This is so staff can verify all imposed conditions are adhered to and allow for final review by members of the Development Advisory Committee (DAC) as detailed within Section 1.9 of the LIDO. The applicant is proposing to serve the schools with water and sewer service from the Town of Hillsborough, as the Town is required to reserve capacity for an approved school by NCGS 115C-521(j). One school has an approved charter. However, as shown in two documents in Attachment 1, the "Reconnaissance Soil and Site Evaluation" and the letter from Wood Soil Consultants, the onsite septic drain fields have been evaluated to accommodate the needs of a total daily wastewater use of 12,000 gallons per day, reflecting a population of 1,200 students and presuming no cafeteria will be a part of school operations. Public Notifications: In accordance with Section 2.8.7 of the LIDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on May 22, 2023, 15 days before the hearing. Staff also posted the subject parcel with a sign [or signs] on May 22, 2023, 15 days before the hearing. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its April 5, 2023 regular meeting with deliberations of this item continuing at a Special Meeting on April 19, 2023 and a formal recommendation occurring at its May 3, 2023 regular meeting. At the April 19 meeting, the Board voted 5-5 on a motion to recommend approval of the application with the seven (7) additional conditions, which are detailed above. The Board was not able to achieve a majority vote to make a recommendation to the BOCC at its April 19 meeting. At the May 3 meeting, the Board voted 7-3 to recommend denial of the Statement of Consistency and the proposed Zoning Atlas Amendment (Attachment 6). The rationale of the recommendation for denial was due to stated inconsistencies with the 2030 Comprehensive Plan Land Use Objectives 1 .1, 1.2, 3.1, 3.2, and 6.2; and inconsistency with the Mixed Residential Neighborhood description on the Central Orange Coordinated Area joint land use agreement with the Town of Hillsborough because it does not provide walkability on the public road network; and the project does not match the residential character of the local neighborhood. Staff has included several of these rationale for vote to recommend denial in the Statement of Inconsistency provided in Attachment 8. Excerpts of the draft minutes from the May 3, 2023 meeting are included in Attachment 6. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.