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18 <br /> 1 6. The additional party to the current access easement, Crown Castle, LLC, shall be <br /> 2 contacted and their written response should acknowledge their use of the new access <br /> 3 road once constructed, and their abandonment of the current access easement. <br /> 4 <br /> 5 7. Approval of this plan establishes a zoning vested right under North Carolina General <br /> 6 Statute 160D-108. Unless terminated at an earlier date, the zoning right shall be valid until <br /> 7 March 19, 2029 (assuming Board of Commissioners' approval of this rezoning application <br /> 8 on March 19, 2024). <br /> 9 <br /> 10 Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing <br /> 11 were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These <br /> 12 notices were mailed on February 28, 2024, 20 days before the hearing. Staff also posted the <br /> 13 subject parcel with signs on February 29, 2024, 19 days before the hearing. See Attachment 3 <br /> 14 for the notification materials. <br /> 15 Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at <br /> 16 its January 3, 2024 regular meeting. At this meeting the Planning Board voted unanimously to <br /> 17 recommend approval of the Statement of Consistency (Attachment 7) and the proposed Zoning <br /> 18 Atlas Amendment (Attachment 9), as presented, with the exception of directing the applicant and <br /> 19 Orange County to continue to negotiate regarding the access road, which crosses County-owned <br /> 20 land (Condition 5). <br /> 21 <br /> 22 The approved minutes from the January 3, 2024 meeting, as well as the Board's signed statement <br /> 23 of consistency, are included in Attachment 6. Agenda materials from the meeting can be viewed <br /> 24 at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 01032024-1916. <br /> 25 <br /> 26 Planning Director's Recommendation <br /> 27 The Planning Director recommends that the Board of County Commissioners: <br /> 28 1) Consider the matter for action; <br /> 29 2) Acknowledge that legally-sufficient public notice was given for the application and this <br /> 30 meeting, in accordance with State law and the Orange County UDO; <br /> 31 3) Review the staff report (Attachment 2), featuring analyses of UDO compliance, impact <br /> 32 of the use to the surrounding area, safety and efficiency of land use, and consistency <br /> 33 of the application with the Orange County's adopted plans; <br /> 34 4) Allow for the applicant's presentation of materials; <br /> 35 5) Conduct the public hearing, receive public comments, and consider the Planning <br /> 36 Board recommendation; <br /> 37 6) Close the public hearing; and <br /> 38 7) Vote to Approve the Statement of Consistency (Attachment 7) and Zoning Atlas <br /> 39 Amendment Ordinance (Attachment 9) <br /> 40 OR <br /> 41 Vote to Deny the Zoning Atlas Amendments, including a statement as to why the <br /> 42 application is not reasonable and/or not in the public interest, as detailed in the <br /> 43 Statement of Inconsistency (Attachment 8). <br /> 44 <br /> 45 Cy Stober, Orange County Planning and Inspections Director, made the following <br /> 46 presentation: <br /> 47 <br /> 48 <br />