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11 <br /> I VOTE: UNANIMOUS <br /> 2 <br /> 3 a. Zoning Atlas Amendment MA22-0004— Parcel Located off Lawrence Road and US 70A, <br /> 4 in Eno Township <br /> 5 The Board held a public hearing, received the Planning Board/staff recommendations and public <br /> 6 comment, closed the public hearing, and considered action on an applicant-initiated Zoning Atlas <br /> 7 Amendment to rezone +/- 84.90 acres located off Lawrence Road and US 70A, within the Eno <br /> 8 Township of Orange County. <br /> 9 <br /> 10 BACKGROUND: On December 2, 2022 a Conditional Zoning Atlas Amendment application was <br /> 11 received proposing to rezone +/- 84.90 acres of property at PIN: 9883-19-4355 within Eno <br /> 12 Township. Full application materials, including the complete traffic impact analysis, can be found <br /> 13 here: <br /> 14 https://centralpermits.oranclecountync.gov/EnerGov Prod/SelfService#/plan/b6f9e633-e5e8- <br /> 15 471d-8d81-4c10e0a2739e?tab=attach ments. <br /> 16 <br /> 17 The Staff Report in Attachment 2 contains additional information, maps, and analysis. <br /> 18 <br /> 19 Basic Review Process: A MPD-CD rezoning application requires submission of a master plan <br /> 20 consistent with the provisions of Section 6.7 of the Unified Development Ordinance (UDO). The <br /> 21 typical cadence for review is as follows: <br /> 22 • First Action —Applicant holds a Neighborhood Information Meeting (NIM). <br /> 23 Staff Comment — DONE. This meeting was held on March 1, 2023. Notes from <br /> 24 this meeting are in Attachment 4. <br /> 25 • Second Action — The Planning Board reviews the application at a regular meeting and <br /> 26 makes a recommendation to the BOCC. <br /> 27 Staff Comment — The Planning Board reviewed the application at its regular <br /> 28 meeting on April 5, 2023 and continued deliberations at a Special Meeting on April <br /> 29 19, 2023, with a formal recommendation on this item occurring at its May 3, 2023 <br /> 30 regular meeting. <br /> 31 Third Action—The BOCC receives the Planning Board and staff recommendations at an <br /> 32 advertised public hearing and makes a decision on the application. <br /> 33 Staff Comment—The public hearing is scheduled for Tuesday, June 6, 2023. <br /> 34 <br /> 35 Per Section 2.9.1 (F) (3) of the LIDO, mutually agreed upon conditions can be imposed as part <br /> 36 this process only if they address: <br /> 37 a. The compatibility of the proposed development with surrounding property, and <br /> 38 b. Proposed support facilities (i.e., access points, parking areas and driveways, pedestrian <br /> 39 and vehicular circulation systems, screening and buffer areas, the timing of development, <br /> 40 right-of-way improvements, storm water drainage, the provision of open space, etc.) <br /> 41 <br /> 42 The BOCC may not base a rezoning decision on the impacts to the transportation network, though <br /> 43 this often is a developer responsibility for conditional zoning applications. Per North Carolina <br /> 44 General Statute (NCGS) 160D-701, imposed conditions and site-specific standards are limited to <br /> 45 those that address conformance of the development and use of the site to local government <br /> 46 ordinances and adopted plans or the impacts reasonably expected to be generated by the <br /> 47 development or use of the site. However, pursuant to NCGS 160D-701, "...as a basis for denying <br />