Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill

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4 Orange County intends to develop the property on which the existing access easement is located into a park for recreational activities. When that development occurs, the County will construct and record a new access road running along the northern boundary of the property with a north/south connection to the applicant's property. When that new access road is recorded, as conceptually shown in orange on the map as Attachment A, the County may demand that the applicant discontinue use of the initial access road and exclusively access applicant's property using the new access road constructed by the County. The applicant agrees to comply with the County's demand within ten business days. 6. The additional party to the current access easement, Crown Castle, LLC, shall be contacted and their written response should acknowledge their use of the new access road once constructed, and their abandonment of the current access easement. 7. Approval of this plan establishes a zoning vested right under North Carolina General Statute 160D-108. Unless terminated at an earlier date, the zoning right shall be valid until March 19, 2029 (assuming Board of Commissioners' approval of this rezoning application on March 19, 2024). Public Notifications: In accordance with Section 2.8.7 of the UDO, 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 February 28, 2024, 20 days before the hearing. Staff also posted the subject parcel with signs on February 29, 2024, 19 days before the hearing. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its January 3, 2024 regular meeting. At this meeting the Planning Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 7) and the proposed Zoning Atlas Amendment (Attachment 9), as presented, with the exception of directing the applicant and Orange County to continue to negotiate regarding the access road, which crosses County-owned land (Condition 5). The approved minutes from the January 3, 2024 meeting, as well as the Board's signed statement of consistency, are included in Attachment 6. Agenda materials from the meeting can be viewed at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 01032024- 1916. Planning Director's Recommendation The Planning Director recommends that the Board of County Commissioners: 1) Consider the matter for action; 2) Acknowledge that legally-sufficient public notice was given for the application and this meeting, in accordance with State law and the Orange County UDO; 3) Review the staff report (Attachment 2), featuring analyses of UDO compliance, impact of the use to the surrounding area, safety and efficiency of land use, and consistency of the application with the Orange County's adopted plans; 4) Allow for the applicant's presentation of materials; 5) Conduct the public hearing, receive public comments, and consider the Planning Board recommendation; 6) Close the public hearing; and