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Agenda - 09-15-20; 5-b - Zoning Atlas Amendment – Parcels off Old NC Highway 86 (District 2 of Settlers Point MPD-CZ)
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 2020 Action Agenda Item No. 5-b SUBJECT: Zoning Atlas Amendment — Parcels off Old NC Highway 86 (District 2 of Settlers Point MPD-CZ) DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Project Vicinity Map Michael D. Harvey, Planner III, (919) 245- 2. Excerpt of August 5, 2020 Planning 2597 Board Minutes and Statement of Craig Benedict, Director, (919) 245-2592 Consistency 3. Notification Materials and Certification for Public Hearing Including Legal Ad 4. Description of COCA Land Use Categories 5. Statement of Consistency 6. Ordinance Amending Zoning Atlas PURPOSE: To hold a public hearing, receive the Planning Board recommendation and public comment, close the public hearing, and schedule action for a specific future date on Planning Director initiated Zoning Atlas Amendments for parcels east of Old NC Highway 86, south of Interstate 40, within the Hillsborough Township of Orange County. Specifically, staff is proposing to rezone eight parcels, totaling approximately 46 acres, originally part of the Master Plan Development Conditional Zoning (MPD-CZ) district known as Setters Point. A map of the subject parcels is contained in Attachment 1. BACKGROUND: On January 23, 2018 the Orange County Board of Commissioners (BOCC) approved a zoning atlas amendment creating a MPD-CZ district referred to as Settlers Point. Materials from this meeting are available at: http://server3.co.orange.nc.us:8088/weblink/0/doc/49647/Pagel.aspx. The approved MPD-CZ, composed of 10 parcels and totaling 195 acres of land, created a master planned mixed use project with two distinct development areas, specifically: • District 1: Parcel Identification Number(s) 9863-71-8857 and 9863-91-6573 supporting development of Industrial/manufacturing/research land uses: 2 491 and • District 2: Parcel Identification Number(s) 9873-11-4636, 9873-11-5415, 9873-11- 7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10- 4310 supporting development of Office/retail/commercial land uses: 10 -.p . - JV 3 Development on these properties is required to comply with a master set of conditions (i.e. access management standards, building setback/size limits, open space requirements, site plan submittal and review requirements, etc.). These conditions are designed to complement one another, allowing for development of the 10 parcels consistent with the approved MPD-CZ. Since approval, no development activity has occurred. ISSUE: The County has been approached by a developer proposing a new MPD-CZ district involving the two parcels within `District 1' as well as a 12 acre parcel with frontage on Davis Road. Staff has determined the eight parcels in `District 2' will have great difficulty complying with the MPD-CZ development standards with the elimination of the two parcels in District 1. In order to ensure the eight parcels have development potential, staff has determined rezoning is necessary and is proposing the following: 1. Rezone parcels (PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11-9450, 9873-11-7247, and 9873-10-7937), labeled as number(s) 3, 4, 5, 6, 7 and 8 on the map above: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor (MTC) Overlay District. TO: Economic Development Hillsborough Limited Office (EDH-2) and Major Transportation Corridor (MTC) Overlay District. 2. Rezone parcel (PIN 9873-10-4310), labeled as number 10 on the map above: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point, Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1). TO: Economic Development Hillsborough Limited Office (EDH-2), Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1). 3. Rezone parcel (PIN 9873-20-2388), labeled as number 9 on the map above: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor (MTC) Overlay District. TO: Economic Development Hillsborough Office/Retail (EDH-4) and Major Transportation Corridor (MTC) Overlay District. Staff's proposal will return these eight properties back to their original zoning designation in place prior to the approval of the MPD-CZ. If approved, development of these properties will be regulated consistent with the provisions of the Unified Development Ordinance (UDO) rather than the various conditions associated with the approval of the MPD-CZ for Settlers Point. Development Process, Schedule, and Action: The typical cadence for the review of a General Use Rezoning and Zoning Atlas amendment is: • FIRST ACTION — Submission of a General Rezoning application with required supporting documents by the property owner. STAFF COMMENT: This is a staff initiated request. As a result, application components were created internally by staff consistent with established requirements. • SECOND ACTION — The Planning Board receives the application and staff prepares materials and makes a recommendation on the rezoning request. 4 STAFF COMMENT: Staff presented this request and the Planning Board made a unanimous recommendation to approve the request at its August 5, 2020 regular meeting. • THIRD ACTION — The BOCC holds a public hearing on the request, receives the application materials and recommendations, and takes action on the request. STAFF COMMENT. Staff is presenting these materials and facilitating the public hearing at this September 15, 2020 Business meeting. Other pertinent information concerning the eight parcels associated with this request are as follows: • Future Land Use Map (FLUM) Designation: The property is located within an area of the County designated as Economic Development Transition Activity Node. The FLUM can be accessed utilizing the following link: http-//www.orangecountync.gov/DocumentCenter/View/4054/Future-Land-Use-Map-PDF. • Comprehensive Plan: Per Appendix F, "Relationships Between Land Use Categories and Zoning Districts Matrix" of the adopted Orange County Comprehensive Plan, EDH2 and EDH-4 are allowable general use zoning category for property located within an Economic Development Transition Activity Node. For more information on the definition of activity node, and to review the allowed zoning designations permitted within same, the Comprehensive Plan can be accessed utilizing the following link: http://www.orangecountync.gov/1242/2030-Comprehensive-Plan. • Growth Management System Map Designation: The eight parcels are Urban Designated. STAFF COMMENT: The Growth Management System Map is a tool utilized by staff to identify permit review thresholds for residential (i.e. subdivision) projects. • Water and Sewer Management, Planning and Boundary Agreement (WASMPBA): The parcels are located within the Orange County Primary Service Area meaning public utilities (i.e. water and sewer) could be extended to the property. Public utility service would be provided by the Town of Hillsborough, who will likely require voluntary annexation to allow services to be extended to serve proposed land uses. The document can be accessed utilizing the following link: http://www.orangecountync.gov/DocumentCenter/View/4190Mater-and-Sewer- Management-Planning-and-Boundary-Agreement-PDF. • Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan: These parcels are designated as being located within the following COCA land use categories: PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11-9450, 9873- 11-7247, 9873-10-7937, and 9873-10-4310 - labeled as number(s) 3, 4, 5, 6, 7, 8, and 10 on the map above: Neighborhood Mixed Use ➢ PIN 9873-20-2388 - labeled as number 9 on the map above: Suburban Office. 5 The recommended general use zoning designations would allow development consistent with the intent of COCA. For more information on the COCA land use categories, please refer to Attachment 4. Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application' and pass that analysis on to the reviewing body. In analyzing this proposal, the Planning Director offers the following: 1. The proposal is consistent with goals/policies outlined within the Comprehensive Plan concerning development, including: a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. b. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. c. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. 2. The rezoning request is consistent with the Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan; 3. The rezoning provides the property owners with a viable path forward to make reasonable use of their properties. Staff held a public information session reviewing the proposed amendments in an on-line meeting on July 21, 2020. No comment(s) were received on the proposed atlas amendment. Public Notifications: In accordance with Section 2.8.7 of the UDO: • Notices were mailed via first class mail to property owners within 1,000 feet of the subject parcels providing the date/time of the BOCC public hearing meeting where the proposal is to be reviewed. These notices were mailed on August 28, 2020, 18 days before the meeting; • Staff posted the subject parcels with signs indicating the date/time of the BOCC's review of the rezoning request on September 3, 2020, 12 days before the public hearing; • Staff caused a legal ad advertising the date, time, location, and purpose of the BOCC public hearing to run in the News of Orange and the Durham Herald-Sun on September 2 and 9, 2020. For more information, please refer to Attachment 3. Courtesy Review: This request was submitted to the Town of Hillsborough as part of the courtesy review program. To date, no comments have been received. Planning Board Recommendation: At its August 5, 2020 regular meeting, the Planning Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 5) and the proposed Zoning Atlas Amendment (Attachment 6) as proposed by staff. Excerpts of the minutes from this meeting, as well as the Board's signed Statement of Consistency, are 6 included in Attachment 2. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. Planning Director's Recommendation: As required under Section 2.8.5 of the Unified Development Ordinance (UDO) the Planning Director shall: '... cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration'. The Director has determined the proposed atlas amendments are necessary to ensure each parcel has development option(s) and that rezoning said parcels back to their original zoning designation is consistent with the goals and policies of the adopted Comprehensive Plan. As a result, the Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 5 and the proposed zoning atlas amendment ordinance contained in Attachment 6. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. Costs associated with advertising, including the public hearing notice and mailings, are covered within the Department's budget. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the request; 2. Conduct the public hearing and accept comment; 3. Close the public hearing; 4. Authorize the acceptance of written comment(s) via e-mail to the Board at ocbocc@orangecountync.gov or by delivery to the Planning Department's office at 131 West Margaret Lane, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday September 17, 2020; STAFF COMMENT: In accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings during declared emergencies, while voting may be allowed on the night of the meeting, staff is recommending the Board vote at a subsequent meeting. Session Law 2020-3 further allows the record to be supplemented by written comments on items heard at a public hearing by accepting written comments for 7 24 hours after the public hearing is closed. Due to the late hour at which this public hearing is expected to conclude, staff is recommending an additional period of time in excess of this 24 hour period to accept written comments. 5. Schedule a vote to approve the: a. Statement of Consistency (Attachment 5), and b. Zoning Atlas Amendment (Attachment 6) at the Board's October 6, 2020 business meeting as recommended by the Planning Board and Planning Director. No additional public comments shall be received on this item at the October 6 business meeting. 8 Attachment 1 Rezoning Proposal: These 8 parcels are zoned MPD-CZ ED H.2 and were approved as part of the Settlers Point application (i.e. District 2). Staff is recommending these parcels be rezoned consistent with their original designations (i.e. EDH- 2 or EDH-4). This will return the parcels to their original zoning (i.e. the zoning that existed prior to the approval of the MPD-CZ)and � allow development consistent with the provisions of the LIDO. EaH-a Qry J s 4 x o __ 6' Unprotected ° o ' 32 acres(prevdOLls zoningrEDH-4' $ ;vr7ef='' her#ai7d L ci!!e"Ayers ETr1L .•� :.� HILLS' )RUWH TCYFL'4SHIF CJiAPL=L HILL TUWNSHV A 2 1 PIN 9873-11-4636-1.3 acres(previous zoning EC'H-2; 4ae Owner. Mich[ii Dodson 2) PIN 9873-11-7506-.5 acres Wvious zoning ECH-2,. d "w 19 f 1 Ownner. Mcind Dodson 3a $ s 3) PIN 9873-11-5415-1.4 acres(previous zoning EDH-2) A Owner. PAchad Dodson i r 4) PIN%73-11-9450-1.6 acres(previous zoning EDH-2) i 3 Owner: Paul Dodson a 5) PIN 9873-11-7247-1.5 a Gres(previous zonirog EDH-2) Owner Cattry Fuquay t0.�ih 6) PIN 9873-10-7937-4.5 acres(previous zoning EDH-2) 1a.o1A R E Owner. Steven Kar>fi7mnn 7) PIN 9873-10-4310-2 A acres(previauszoning EDH-2) 1e.a'A ,lardan Late Owner. Beatrice Erooks R6 Unprotected P93'131 ry t�k �- ' INaltersl�ed DRAFT 9 1 Attachment 2—Draft Minutes 2 3 4 MEETING MINUTES 5 ORANGE COUNTY PLANNING BOARD 6 AUGUST 5,2020 7 REGULAR MEETING 8 (Due to current public health concerns, this meeting was held virtually. 9 Members of the Planning Board, staff and public participated remotely) 10 11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Adam Beeman (Vice-Chair), 12 Cedar Grove Township Representative; Kim Piracci, Eno Township Representative; Susan Hunter, Chapel Hill 13 Township Representative; Patricia Roberts, Cheeks Township Representative; Randy Marshall, At-Large 14 Representative; Hunter Spitzer, At-Large Representative; Alexandra Allman, At-Large Representative; Melissa 15 Poole, Little River Township Representative; Carrie Fletcher, Bingham Township Representative 16 17 MEMBERS ABSENT: Glo Molllnedo,At-Large Representative;Vacant,At-Large Representative 18 19 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator;Tom Altieri, 20 Comprehensive Planning Supervisor; Michael Harvey, Current Planning Supervisor; Brian Carson, GIS Tech III, Tom 21 Ten Eyck,Transportation/Land Use Planner, Christopher Sandt, Staff Engineer; Tina Love,Administrative Support; 22 Steve Brantley, Economic Development Director,Amanda Garner,Assistant Economic Development Director; 23 24 APPLICANT AND ASSOCIATES PRESENT: Bill Aucoin, Vice President-Avison Young; Chris Bostic, Project Manager— 25 Kimley-Horn and Associates, Inc.;Jack Graham, Principal—Avison Young; Michael Birch, Partner—Longleaf Law 26 Partners; Christa Greene, Senior Principal—Stantec; Frank Csapo, CEO—Barrister Commercial Group; Wes Hall, 27 Civil Engineer Analyst—Kimley-Horn; Matt Peach, Senior Transportation Engineer—Stantec; Rick Ogburn, Director 28 of Construction—Barrister Commercial Group; Doug Short, Partner—Manning Fulton 29 30 OTHERS PRESENT: Penny Rich (BOCC Chair); Sarah Shore; Joseph Shore; Stephen Williams; Frederick Tapp; Kaila 31 Mitchell; Brandon Sneed; Gerald Scarlett; Leslie Robert;, Ellen Mayer; Jayse Sessi; Myra Gwin-Summers; Franklin 32 Garland; Isabel Garland; Clare Brennan; Karen Fernandez; Theresa Gilliam; Maryanne Ross; Jill Bauer; Dennis 33 Hagerman; Ronald Sieber; Jared Jurkiewicz; Matthew Kostura;Jon Lorusso; Richard Wagoner;Ted Bryant; Bob 34 Bundschuh;Allen Rynish; Brian Lapham; Steve Kaufmann; Gina Rhoades; Doug Short; Betty Garland; Kevin 35 Nicholson, Jonathan Espitia,William Clayton, Beatrice Brooks, Rowdy and Kim Walker, Beth Rosenberg, Diane and 36 Erik Dunder; Noah Chase; Cedar Eagle; Jack Rupplin; Tammy Grubb; 3 callers 37 38 39 AGENDA ITEM 1: BRIEF SUMMARY BY STAFF ON TECHNOLOGY PROTOCOLS FOR MEETING 40 PRESENTER: Perdita Holtz, Planning Systems Coordinator 41 42 Perdita reviewed the technical processes and rules 43 44 45 AGENDA ITEM 2: CALL TO ORDER AND ROLL CALL 46 Chair David Blankfard called the meeting to order. 47 48 49 AGENDA ITEM 3: INFORMATION ITEMS 50 a. Planning Calendar for August and September 51 52 53 AGENDA ITEM 4: APPROVAL OF MINUTES 54 February 5, 2020 55 DRAFT 10 56 MOTION by Randy Marshall to approve the February 5, 2020 Meeting Minutes. Seconded by Hunter Spitzer. 57 VOTE: Unanimous 58 59 60 AGENDA ITEM 5: CONSIDERATION OF ADDITIONS TO AGENDA. 61 There were none 62 63 64 AGENDA ITEM 6: PUBLIC CHARGE 65 66 INTRODUCTION TO THE PUBLIC CHARGE 67 The Board of County Commissioners, under the authority of North Carolina General Statute, 68 appoints the Orange County Planning Board (OCPB)to uphold the written land development law of 69 the County. The general purpose of OCPB is to guide and accomplish coordinated and 70 harmonious development. OCPB shall do so in a manner, which considers the present and future 71 needs of its citizens and businesses through efficient and responsive process that contributes to 72 and promotes the health, safety, and welfare of the overall County. The OCPB will make every 73 effort to uphold a vision of responsive governance and quality public services during our 74 deliberations, decisions, and recommendations. 75 76 PUBLIC CHARGE 77 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 78 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 79 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 80 public charge, the Chair will ask the offending member to leave the meeting until that individual 81 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 82 until such time that a genuine commitment to this public charge is observed. 83 84 85 AGENDA ITEM 7: CHAIR COMMENTS 86 There were none 87 88 89 AGENDA ITEM 9: ZONING ATLAS AMENDMENT(GENERAL USE REZONING)- To review and make a recommendation to 90 the BOCC on a County-initiated action to rezone 8 parcels totaling 45.96 acres from MPD-CZ 91 (Settler's Point) to EDH-4 (Economic Development Hillsborough Office/Retail) (1 parcel 32.76 92 acres in size) or EDH-2 (Economic Development Hillsborough Limited Office) (7 parcels totaling 93 13.2 acres). The parcels are located in Hillsborough Township, south of Interstate 40 and east of 94 Old Highway 86. This item is scheduled for BOCC public hearing on September 15,2020. 95 PRESENTER: Michael Harvey, Current Planning Supervisor 96 Michael Harvey reviewed the abstract and proposed changes to the Zoning Atlas Amendment 97 98 David Blankfard: Anybody from the Board have any questions or comments? 99 100 Hunter Spitzer: My first question is in rezoning these parcels back to what they were prior to this, particularly on the 101 east side of 86, could I recommend or ask for consideration to rezoning to low intensity to medium intensity 102 residential in this area? It seems as though the industrial land uses are not very in line with the vision that the 103 residents have and I would add this zoning in addition to the ones that you already have recommended and in place 104 of Rural Residential this would allow for a more transition, a different opportunity for development in the area that 1 105 think would be more in line with what some people have voiced. 106 107 Michael Harvey: Thank you for the question, that suggestion in my opinion is inconsistent with the Comprehensive 108 Plan, which identifies this area as Economic Development Transition. I also think that these property owners would 109 object to (their property being) the down zoning of their property and loss of potential development value. These DRAFT 11 110 parcels have been zoned Economic Development for several decades. That it is not something that I am comfortable 111 with recommending or supporting. If you have an interest in restudying the area, that statement needs to be made to 112 the County Commissioners who would need to take it under consideration. What I will say is that, as with other 113 projects in this general area, there has been an interest in expanding our current Hillsborough Economic 114 Development District and increasing economic development opportunities in this area. I also do not think it's the best 115 planning idea to put low intensity residential right up against an Interstate. I think that the current land use categories 116 and zoning that we have recommended would allow for purposeful development and expansion consistent with 117 current County policy. 118 119 Hunter Spitzer: I have another, more of a comment and this is pertaining to the analysis section of the introduction of 120 this amendment. `It finds that this is consistent with land use goal 3, a variety of land uses that are coordinated within 121 a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, 122 supported by an efficient and balanced transportation system." This is not mentioned again in the actual motion or 1 123 believe the resolution we have to recommend to the Board. So if that will not be included over in summary words 124 those things that we've accomplished then I have no further objections but I do find that land use goal in itself a little 125 bit contradictory and not applicable to this situation. 126 127 David Blankfard:All right, anybody else have any comments? Ok, again I'd like to ask people from the community to 128 say if they received a letter from the planning department. 129 130 Stephen Williams: I did receive a letter from the County Planning Board. I just want to reiterate something that the 131 gentleman just said that was speaking. He said that he didn't think that the residents or the owners, I'm sorry, the 132 owners of the property that we are discussing now would appreciate a rezoning that would devalue their property and 133 1 think that that's something that every resident here is concerned about. It's interesting that we're concerned about 134 these particular parcels and the owners of them and worried about decreasing the value they have in their property 135 but I think it should be noted that rezoning these areas and putting in this development which is the goal here, is also 136 going to devalue the properties of the residents that are around those areas. Thanks. 137 138 Bob Bundschuh: I have a question if these go back to their old zoning and they're allowed to develop independently, 139 two questions. Is water and sewer does the loop have to be supplied to them before they can do that and secondly, if 140 someone decided to develop again can you reiterate what steps they would have to take. Would it go through zoning 141 and then the County Commissioners again or since it is zoned does it just go to the zoning board? 142 143 Michael Harvey: I think I can answer that question. Any development of this property will have to be done in 144 compliance with the Orange County Unified Development Ordinance. Development would be under staff's 145 administrative review, it would not go back to the Planning Board or the County Commissioners. If these properties 146 remain Settler's Point, MPD-CZ it would also not have to go back to the County Commissioners or the Planning 147 Board it would develop under site plan review. There are standards in the Unified Development Ordinance dealing 148 with shared driveway access that any development on these properties would have to abide by, but the rezoning of 149 these parcels would mean that the concept access management strategy developed as part of the Settler's Point 150 MPD-CZ would not have to be followed and from our standpoint, it is more appropriate to give these individual 151 property owners a path forward to development of their property as compliant with the various 18 or so pages of 152 conditions associated with the Settler's Point MPD-CZ would be difficult for them to abide by. 153 154 Bob Bundschuh: And water and sewer? 155 156 Michael Harvey: I'm sorry sir; I forgot the water and sewer(question). These parcels are not intended nor are they 157 slated to be served by water and sewer. In order for any of these eight parcels to get water/sewer, it is my opinion 158 they would have to request annexation of the Town of Hillsborough. My apologies for that. This rezoning does not 159 somehow give them the ability to tap onto water/sewer inconsistent with what the Town's original reaction was back 160 when Settler's Point was being reviewed. 161 162 Franklin Garland: So, Mr. Harvey, it's my understanding with these eight parcels and pretty much everything else out 163 there that what you decide goes and even though the ethics part of our webpage out here says that you can't do that, 164 you just gonna railroad everything through no matter what as you saying this is not going to go to the Board of DRAFT 12 165 Commissioners, what you're doing right now. That they would have no say, they can't tell you no, and hold on hold 166 on, I'm not done.... 167 168 Michael Harvey: No sir, this Zoning Atlas amendment has to go to the County Commissioners for eventual approval, 169 the development of these properties, as individual parcels would be handled by the staff consistent with the 170 requirements of the Unified Development Ordinance as all permitted land uses would be handled. 171 172 Franklin Garland: Ok, so if you spending all this time and energy and all this money on it and all the people out here, 173 1 can get 20 or 30 thousand people to go against what you're trying to propose,you have wasted all this money and it 174 will go to the Board of Commissioners and they gonna say, well we agree with the community, maybe they will this 175 time. Apparently, you don't. You don't live here, I don't know where you live, you know. I don't know where the 176 Commissioners live, I don't know where the rest of the Board lives but apparently they're not being affected by this 177 because they could care less, including you, ok. I would really appreciate it if actually some of the Commissioners 178 and some of these planning people came and looked at these properties. I will gladly let you on my property and 179 show you what I mean. I have a drone I can fly over so you can see it because apparently you going by maps and 180 that's good enough and that's not good enough for the people that live here by the way. You know what's good 181 enough is for you to leave us alone. 182 183 David Blankfard: Thank you Mr. Garland 184 185 Steve Kaufmann: Can I have video too. My name is Steve Kaufmann and I did receive a letter from the County for 186 this. First, let me introduce myself as a resident of Hillsborough for 25 years. I moved here to be a school teacher 187 here and I moved on Davis Road and like everyone else has spoken about Davis Road, I just love this road it's like a 188 dream come true moving here and I opened up a martial arts school here. I've been teaching martial arts in 189 Hillsborough for 25 years also. Driving on Old 86 on my way to work, I saw some land for sale on the east side right 190 near 40 and I wanted to build a martial arts school so I purchased that land that was actually zoned for schools at 191 that time. Unfortunately, there as a moratorium for six months going on while I was purchasing it and once the 192 moratorium was over I was no longer able to build a school on it. So I've been waiting for 20 years and I had the 193 opportunity to have a school on it when Settler's Point was approved because basically the codes changed a lot 194 during that time which they're present still. Because of what Michael Harvey explained, it's impossible for anyone to 195 do anything with that property given that everyone has to work together because there's traffic ordinances and lots of 196 details that take lots of money to do anything within any of that property. So, I don't want people to inflate those 197 properties on the east side with the this humongous thing that's going on with the west side. They are very very 198 different things. I purchased this property exactly 20 years ago; I'm like a newcomer there. I purchased it from a 199 family who had lived there for generations and all my neighbors have lived there for generations, I mean, I'm 200 definitely the new guy there after 20 years. All those people have had property for many years and I don't know what 201 they are planning to do with it but I don't see anyone eager to build with it, they are just sitting on it, including myself 202 at the moment. We're very very close to 1-40 there's already Dodson's Construction is already a business right near 203 40 that's been a business there ever since I've been there and that's right next door to my house. Whatever is going 204 to go on there, those are like four to six acres lots. Once again, don't inflate it with the these humongous warehouses 205 that are happening on the west side an especially that 12 acre lot on Davis Road which I'm definitely against. Those 206 are very very different things that are happening on the same night tonight so I just wanted to air my concerns. It 207 would definitely be a setback to me to have that as residential only, I purchased it to build the school on and I've 208 been struggling for 20 years to try to get a school on it and I've been in conversations with Orange County for 20 209 years about how to build a school on it and believe me it's not easy to build anything in Orange County without going 210 through lots of red tape. If you are a very large building company and you have lawyers and you have architects and 211 you have designers and you have site planners and you have lots of money to work with you can get things done but 212 as a small mom and pop operation that I have it's very very very difficult to get anything done so I just want to assure 213 you that there aren't going to be all these things popping up on the east side of that street. There's no water and 214 sewer there, it's almost like it's impossible to build there the land doesn't perk well and we don't have water and 215 sewer. It's probably going to be sitting there for a good many years still. Ok, that's all I have to say, thank you very 216 much. 217 218 Craig Benedict: Michael Harvey, can you confirm that these rezonings would facilitate him being able to do 219 something on his property besides the Settler Point district two. 220 DRAFT 13 221 Michael Harvey: Yes, as I alluded, if the rezoning is approved then development of the individual parcels would have 222 to be compliant with the County Unified Development Ordinance but they would be developed and could be 223 developed independently from one another consistent with applicable standards including the Table of Permitted 224 Land Uses contained in Section 5.2. 225 226 Perdita Holtz: Franklin Garland has put his hand up for a second time; it will be up to the Board whether you want to 227 allow additional comments from Mr. Garland. 228 229 David Blankfard: I don't think we need to hear anything else from Mr. Garland on this agenda item. 230 231 Gerald Scarlett: I'm Gerald Scarlett again from West Scarlett Mountain Road. I just have a quick question. I think 1 232 know the answer but I want to make sure. Item 9 on the agenda, the only thing that is doing is reverting the zoning 233 for the property on the east side of Old 86 back to its previous zoning before the development for Settler's Point, is 234 that correct? 235 236 Michael Harvey: You are correct sir. 237 238 Gerald Scarlett: Thank you. 239 240 Randy Marshall: Ready to make a motion if that's the desire of the Planning Board. 241 242 David Blankfard: Yes 243 244 MOTION by Randy Marshall this would be an ordinance amending the Orange County Zoning Atlas as established in 245 Section 1.2 of the Orange County Unified Development Ordinance and whereas the proposed rezoning consists of 246 the eight property owners and whereas the proposal has been found to be consistent with the 2030 Orange County 247 Comprehensive Plan and whereas the requirement of Section 2.8 of the LIDO have been deemed complete and 248 whereas the Board has found that the proposed zoning atlas amendment to be reasonably necessary to promote the 249 public health, safety, and general welfare,we recommend that the Board of County Commissioners rezone the areas 250 described above and depicted on the attached maps. 251 252 Michael Harvey: Chair Blankfard, this is Michael Harvey, can I ask for a clarification. Randy so your motion is that 253 you make a recommendation to approve the Statement of Consistency as contained in attachment 3 and the 254 proposed ordinance,which you have just summarized as contained in attachment 4 to the County Commissioners, is 255 that correct? 256 257 Randy Marshall: My presumption was we had already approved the attachment 3 by our earlier vote and I was 258 recommending approval of attachment 4. 259 260 Michael Harvey: No sir,this is a different item, so it's both items. 261 262 Randy well then I recommend both 3 and 4. 263 264 MOTION by Randy Marshall to recommend approval of the Statement of Consistency and the ordinance amending 265 the Orange County Zoning Atlas. Seconded by Hunter Spitzer. 266 267 ROLLCALL VOTE: 268 Carrie Fletcher: Yes 269 Adam Beeman: Yes 270 Hunter Spitzer: Yes 271 Melissa Poole: Yes 272 Randy Marshall: Yes 273 Kim Piracci: Yes 274 Susan Hunter: Yes 275 Alexandra Allman: Yes 276 David Blankfard: Yes DRAFT 14 277 Patricia Roberts: Yes 278 279 MOTION PASSED UNANIMOUSLY 280 281 15 Attachment 3 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN A Planning Director initiated amendment to the Zoning Atlas to rezone 8 parcels as follows: Lot Parcel Township Owner of Current Zoning District Proposed Zoning District Number Identification Record Number PIN 1 9873-11-4636 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 2 9873-11-7506 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 3 9873-11-5415 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 4 9873-11-9450 Hillsborough Paul Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 5 9873-11-7247 Hillsborough Cathy Fuquay Master Plan Development Economic Development Cynthia Bessoir Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 6 9873-10-7937 Hillsborough Steven and Master Plan Development Economic Development Jesse Kaufman Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 7 9873-10-4310 Hillsborough Beatrice Brooks Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. Rural Residential (R-1) Rural Residential (R-1) 8 9873-20-2388 Hillsborough Robert and Master Plan Development Economic Development Lucille Ayers Conditional Zoning (MPD-CZ) Hillsborough Office/Retail ETAL Settlers Point; (EDH-4) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 16 The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. The atlas amendment is consistent with this goal and objective as it eliminates the need for the parcels to comply with development criteria associated with a previously approved Master Plan Development Conditional Zoning (MPD-CZ) district. This district, commonly referred to as Settlers Point, is being modified. These 8 parcels will have difficulty meeting established development conditions/standards due to the proposed modification. By rezoning these parcels, the County will be providing opportunities for each lot to be developed consistent with applicable County land use standards as embodied within the UDO. c. The amendment is reasonable and in the public interest because it: 1. Modifies existing non-residential zoning designations in an effort to provide each property owner with an opportunity/path forward for the reasonable development of their property. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed Zoning Atlas amendments. David Blankfard, Chair Date Attachment 3 17 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 .ram _ EE a � � CERTIFICATION OF PUBLIC HEARING NOTIFICATION REZONING OF 8 PARCELS EAST OF OLD NC HIGHWAY 86 — COMMONLY REFERRED TO AS DISTRICT 2 OF THE SETTLERS POINT MPD-CZ I, Michael D. Harvey, Planner with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.8 of the Orange County Unified Development Ordinance (UDO), I have or caused notice of a PUBLIC HEARING for the project referenced herein as follows: 1. MAILED NOTICES: Notices giving specifics on the zoning atlas amendment request, contact information, the dates/times/location of the BOCC public hearing including instructions on how to access the virtual public hearing and be able to offer comment(s) on the proposal were mailed: a. First class mail to all property owners within 1,000 ft. ( as identified by Orange County Tax records) of the subject properties; and b. Certified mail to the owners of the 8 parcels. on August 28, 2020, 18 days before the meeting. 2. SIGNS: Staff posted the subject parcels with signs indicating the date/time of the public hearing on September 4, 2020, 11 days before the meeting; Further, Planning Department staff caused a legal ad advertising the date, time, location, and purpose of the BOCC public hearing to run in the News of Orange and the Herald Sun on September 2 and 9, 2020. WITNESS my hand, this 4t" day of September, 2020. Mich el Harvey Current Planning Supervisor 18 FACILITY CARE SERVICES INC CHRISTY D BAILEY ETAL LARRY B LEE 19 HARRIER CIRCLE JOHN O CLAYTON 3503 OLD NC 86 ROCHESTER, NY 14623 7510 COUNTRY LANE HILLSBOROUGH, NC 27278 ROUGEMONT, NC 27572 THEODORE L BRYANT MICHAEL WILLIAM SUDYK MICHAEL CHILDRESS BEVERLY N BRYANT 418 DARBY CREEK LANE KARLA CHILDRESS 9016 ALBATROSS CT MORRISVILLE, NC 27560 101 GLADYS LN RALEIGH, NC 27613 HILLSBOROUGH, NC 27278 REA LANDCOM INC DERRICK B EADS VIVIAN BEST PO BOX 52328 1608 SCARLETT MOUNTAIN RD 4018 WRENN RD DURHAM, NC 27717 HILLSBOROUGH, NC 27278 DURHAM, NC 27705 KAREN S JORDAN CAPKOV VENTURES INC SUSAN D BAREFOOT TRUSTEE 1622 SCARLETT MOUNTAIN RD PO BOX 16815 CYNTHIA D WAGONER TRUSTEE HILLSBOROUGH, NC 27278 CHAPEL HILL, NC 27516 3319 OLD NC HWY 86 Hillsborough, NC 27278 JOHN BOXTER JR JOSEPH S SHORE LOUISE J SCARLETTE SHANNON MARTIN SARAH C SHORE 3209 OLD CH HILLSBOROUGH RD 3423 OLD NC 86 3501 OLD NC 86 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 RANT B BARLOW JR TODD L HORTON ROWDY B WALKER 3315 OLD NC 86 225 JOHN HORTON RD 1877 FLYING W TRL HILLSBOROUGH, NC 27278 APEX, NC 27523 Hillsborough, NC 27278 AMANDA B SHAKHLOUL RANT B BARLOW JR BEATRICE S BROOKS TAMER G SHAKHLOUL 3315 OLD NC 86 3410 OLD NC 86 3303 OLD NC 86 S HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 HILLSBOROUGH, NC 27278 DAN E WAY MICHAEL W SUDYK MICHAEL WILLIAM SUDYK 3401 OLD NC 86 GEORGE W SUDYK 418 DARBY CREEK LANE HILLSBOROUGH, NC 27278 3412 COUNTRY CLUB DR MORRISVILLE, NC 27560 GASTONIA, NC 28056 BARBARA R FONTENELLE STEVEN L KAUFMANN MICHAEL J DODSON JOHN P FONTENELLE JESSE S KAUFMANN P O BOX 1081 116 OLLIE DR 2304 DAVIS RD HILLSBOROUGH, NC 272781081 BELLE CHASSE, LA 700374134 HILLSBOROUGH, NC 272787321 CATHY W FUQUAY PAUL C DODSON CYNTHIA W BESSOIR 3224 OLD NC 86 R J AYERS ETAL 8519 HAW RIVER RD HILLSBOROUGH, NC 27278 LUCILLE ILLE AYERS OAK RIDGE, NC 27310 1031 JONES FERRY RD PITTSBORO, NC 27312 19 HOSPITALS AT CHAPEL HILL#319 UNIVERSITY OF NORTH CAROLINA WOODSEDGE PROPERTIES LLC 211 FRIDAY CENTER DR 4522 LITTLE RIVER CH RD STE 2043 HURDLE MILLS, NC 27541 CHAPEL HILL, NC 27517 CERTIFIED MICHAEL J DODSON PAUL C DODSON CATHY W FUQUAY P O BOX 1081 3224 OLD NC 86 CYNTHIA W BESSOIR HILLSBOROUGH, NC 272781081 HILLSBOROUGH, NC 27278 8519 HAW RIVER RD OAK RIDGE, NC 27310 ROBERT J AYERS ETAL STEVEN L KAUFMANN BEATRICE S BROOKS LUCILLE AYERS JESSE S KAUFMANN 3410 OLD NC 86 1031 JONES FERRY RD 2304 DAVIS RD HILLSBOROUGH, NC 27278 PITTSBORO, NC 27312 HILLSBOROUGH, NC 272787321 MICHAEL J DODSON PAUL C DODSON CATHY W FUQUAY P O BOX 1081 3224 OLD NC 86 CYNTHIA W BESSOIR HILLSBOROUGH, NC 272781081 HILLSBOROUGH, NC 27278 8519 HAW RIVER RD OAK RIDGE, NC 27310 ROBERT J AYERS ETAL STEVEN L KAUFMANN BEATRICE S BROOKS LUCILLE AYERS JESSE S KAUFMANN 3410 OLD NC 86 1031 JONES FERRY RD 2304 DAVIS RD HILLSBOROUGH, NC 27278 PITTSBORO, NC 27312 HILLSBOROUGH, NC 272787321 PostalPostal CERTIFIED MAILO RECEIPT CERTIFIED MAILP RECEIPT i Domestic MaY Only Q Domestic I IEr For delivery information,visit our website at wLvw.usrs.com!�. Las %rt IEr I Certified Mail Fee 7 N Certified Mail Fee Extra Services&Fees(check box,old fee as appropriate) F. 8 2020 0 Extra Services&Fees(checkbox,add tee a appropdate) \\ ' ❑Return Receipt(harticopy) ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) Postmark Q ❑Return Receipt(electronic) $ / , , 311P e v I ❑Certified Mail Restricted Delivery $ Here 0 ❑Certified Mail Restricted Delivery $ ere I ❑Adult Signature Required $ V / � ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ ✓/ ❑Adult Signature Restricted Delivery$ I Postage O Postage 2,278 e MICHAEL J DODSON i Sl"EVEN L KAUF it P O BOX 1081 2727C3 2304JES DAVISS RD (� HILLSBOROUGH, NC 27278108 j 2304 DS RD � I HILLSBOROUGH, NC 272787321 """ o ""'------ :rr April 2015 „ Postal PostalService CERTIFIED o RECEIPT CERTIFIED MAILP RECEIPT > >. i. • n 4 adeliveryvisit our website at 3 :0 For ..inf� information,, . For delivery Ir i l i. .• Certified Mail Fee (� Certified Mail Fee ✓ r $ .,� Extra Services&Fees check box,add t as date) Extra Services&Fees(chock t9)C ( aPProF ❑Return Receipt(hardcopy) ❑-5 r_9 Return Receipt(hardcop ❑ y) C Return Receipt(elecronic) ❑Return Receipt(electronic) � Postmark ❑Certified Mail Restricted D Here El Certified Mail Restricted Delivery $ Here ❑Adult Signature Require 3 E:3 ❑Adult Signature Required $ ❑Adult Signature Restric Dellve $ (] ❑Adult Signature Restricted Delivery$ j $ ?� I ,V O postage Postage u l * BEA"PRICE S BROOKS ROBERT J AYERS ETAL a LUCILLE AYERS 3410 OLD NC 86 ►ti 1031 JONES FERRY RD HILLSBOROUG., NC'2.7278 r-9 ________________ _ o PITTSBORO,.NC 27312 272�a ----------- Postal CERTIFIED o RECEIPT © • 1`aDomestic Postal Se r • CERTIFIEDi 1:0 . Domestic - Certified Mall Fee y �� ' yry .• •; a f ! ~ •; Er 0 Extra Services&Fees(checkbox,add ee app daIr re) `�1 Certified Mall Fee ❑Return Receipt(hardcopy) \ O ❑Return Receipt(electronic) ❑CertBied Mail Restricted Delivery $ Postmark Extra Services&Fees(checkbox,aid fee as appropriate) .^) 1r1 [] 3 2(�2 are � ❑Return Receipt(hardconic "v= !� p 7a'kere k � ❑Adult Signature Required $ � 1 cuUL ❑Return Receipt(electronic) $ v gre ❑Adult Signature Restricted Delive $ E:I ❑Certified Mall Restricted Delivery \ p Postage Q ❑Adult Signature Required � .� 0 []Adult Signature Restricted Delivery$ 0 Postage PAUL C DODSON ---y'"r- Ln 3224 OLD NC 86 27278 r-9.� $ '?278 a HILLSBOROUGH, NC 27278 CATHY W FUQUAY �- - CYNTHIA W BESSOIR o ' 8519 HAW RIVER RD ------------------ OAK RIDGE, NC 27310 21 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181 www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278 ANOL ��f�► �I► August 28, 2020 Notice of BOARD OF COUNTY COMMISSIONER (BOCC) PUBLIC HEARING Review a Zoning Atlas Amendment(s) on 8 parcels east of Old NC Highway 86 To Whom It May Concern: The purpose of this letter is to notify you of an upcoming Board of County Commissioner (BOCC) public hearing pertaining to amendments to the Orange County Zoning Atlas. Specifically, the BOCC will be holding a public hearing to review the rezoning of 8 parcels east of Old NC Highway 86 in accordance with the provisions of Section(s) 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO). This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas Amendments of the Orange County Unified Development Ordinance (UDO). BACKGROUND: On January 23, 2018 the Orange County Board of Commissioners (BOCC) approved a zoning atlas amendment creating the Setters Point Master Plan Development Conditional Zoning (MPD-CZ) district (materials from this meeting are available at: http://server3.co.orange.nc.us:8088/weblink/0/doc/49647/Page1.aspx). The MPD-CZ, composed of 10 parcels and totaling 195 acres of land, created a master planned mixed use project with two distinct development areas, specifically: • District 1: Parcel Identification Number(s) 9863-71-8857 and 9863-91- 6573 supporting development of Industrial/manufacturing/research land uses: 22 and • District 2: Parcel Identification Number(s) 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20- 2388, and 9873-10-4310 supporting development of Office/retail/commercial land uses: a. 10 Nit Development on these various properties was required to comply with a master set of conditions (i.e. access management standards, building setback/size limits, open 23 space requirements, site plan submittal and review requirements, etc.). These conditions were designed to complement one another allowing for development of the 10 parcels consistent with the approved Settlers Point MPD-CZ. WHAT HAS OCCURRED: The County has been approached by a developer proposing a new MPD-CZ district involving the 2 parcels within `District 1' as well as a 12 acre parcel with frontage on Davis Road. Staff has determined the 8 parcels in 'District 2' will have great difficulty complying with the MPD-CZ development standards with the elimination of the 2 parcels in District 1. Please note the new MPD-CZ application, referred to as the Research Triangle Logistics Park RTLP), is being processed separate from this proposal. WHAT IS BEING PROPOSED: In order to ensure the 8 parcels have development potential, staff has determined they need to be rezoned and is proposing the following: 1. Rezone parcels (PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11- 9450, 9873-11-7247, and 9873-10-7937), labeled as number(s) 1, 2, 3, 4, 5 and 6 on the map below: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor (MTC) Overlay District. TO: Economic Development Hillsborough Limited Office (EDH-2) and Major Transportation Corridor (MTC) Overlay District. 2. Rezone parcel (PIN 9873-10-4310), labeled as number 7 on the map above: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point, Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1). TO: Economic Development Hillsborough Limited Office (EDH-2), Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1). 3. Rezone parcel (PIN 9873-20-2388) listed as being owned by Robert and Lucille Ayers ETAL on the map below: FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor (MTC) Overlay District. TO: Economic Development Hillsborough Office/Retail (EDH-4) and Major Transportation Corridor (MTC) Overlay District. Staff's proposal will return these 8 properties back to their original zoning designation in place prior to the approval of the MPD-CZ. If approved, development of these properties will be regulated consistent with the provisions of the Unified Development Ordinance (UDO) rather than the various conditions associated with the approval of the MPD-CZ for Settlers Point. Additional information this proposal, including a detailed project fact sheet, can be found on the Planning Department's 24 website under the `Current Interest Projects' tab at: https://www.co.orange.nc.us/1722/Current-Interest-Projects. • Rezoning Proposal: There are 8 parcels zD med MPD-CZ - approved as part of the Settlers Point application(i.e.District EDH=2 2). Staff is recommending these parcels be rezoned consistent with their original designations)as detailed herein fi-e.EDH-2 or EDHA). y This will,effectively,eliminate compiiance with the standards .:' . adopted for the Settlers Point hlPD-CZ an these 8 parcels. "' '�r Development Would comply with the provisions of the Countys Unified Development t3rdhanee(LIDO). EDH-5 Q i 5 EDH-2 - ! ., t s. . Q . t e • Q Lower Eno • a c • Unprotected - • Q o • dil Wiffrsh d c ° ; . - • o B �- PIN 9873-?0-2388 • • 32 acres(previous zoning EDHat) • z Uwner Robert a'�rnd I`ucilleAyes I , f- 1 r .z j�S i �• r-.r� y �t A .��: ' a 1) F"i%Ml1-46W-1.3 acres(prebus zarft EDH-2) ✓ *��� �' ��' �ft t 2) PW 967311-75D6-.5 aces{previam zcrfg E)H-2j x •" r y r '" t 3) M, 9P3-11-5415-1.4 arms ftwevam►s zoo img EDH-2p 4) MM WM11- 45D-1.6 aces Wmvians zor ft EDH-Z , 5) M 9Si341-7247-1.5 ayes Wmvbz wrung E)H-21, Ownec Cates iru$M 5) PILE M3 0-73 i7-4.5 ams(prmious zurig EDF-2 i ! more R B Ovrur- Simm wCaidmwn a� FIN 9EI?.1a-4aM,-2_aacm eikuszx,in �:+K2i Jordan Lake g i -'`�p Un rotected c�„rer- �®roofs r `�'-.: ',� P....-... Watershed �iI'J 25 WHY YOU ARE RECEIVING THIS LETTER: As previously indicated, you are receiving this letter as your property is located within 1,000 ft. of the 3 parcels subject to this rezoning petition. Per Section 2.8.7 of the UDO, staff is required to send written notice, via first class mail, to property owners within 1,000 ft. informing them of the date/time of the BOCC public hearing where the proposal is to be reviewed. This notice is required to be mailed 15 days before the date of this meeting. The Orange County Board of Commissioners will hold a public hearing on this Zoning Atlas Amendment on Tuesday, September 15, 2020 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the proposal. Due to current public health concerns, the hearings will be held on-line and pre- registration is required. The meeting will be live streamed at the following web address for those who wish to only view the meeting: www.orangecountync.gov/967/Meeting-Videos To register to speak at the public hearing, please send an email to ocpubliccomment@orangecountync.gov no later than 3:00 PM on the day of the hearing (i.e. September 15, 2020) and indicate you wish to speak during the hearing. When submitting the request to speak, include the following: • The date of the meeting; • The number and title of the agenda item you wish to speak on (i.e. the rezoning of 8 parcels east of Old NC Highway 86 item); • Your name, address, email and phone number; • The phone number must be the number you plan to call in from if participating by phone. After registering to speak, an email containing instructions and a link to access the hearing will be sent to the email address used to register. If you do not have access to an internet-enabled computer and would like to phone in to access the hearing, please call the office of the Clerk to the Board after September 9, 2020 at 919-245-2130 and a staff member will provide you with the call-in number. Please note in accordance with Session Law 2020-3 (Senate Bill 704), Section 4.31(a), which pertains to remote meetings during declared emergencies, written comments on items heard at a public hearing are accepted for 24 hours after the public hearing is closed. The BOCC shall not make a decision on public hearing items until after the 24-hour period for written comments has concluded. The full text of the public hearing items may be obtained no later than September 11, 2020 on the County's website: https://www.orangecountync.gov/1707/BOCC-Agendas 26 Information will also be available from the Orange County Planning Department no later than September 4, 2020. Questions regarding the proposals may be directed to the Orange County Planning Department via phone at (919) 245-2575 during normal office hours (8:00 a.m. to 5:00 p.m., Monday through Friday) or by calling the Current Planning Supervisor, Mr. Michael Harvey, directly at (919) 245-2597. You may also e-mail questions to planningdept@orangecountync.gov. Written comments to the Board of County Commissioners can be sent via e-mail to ocbocc@orangecountync.gov. Written comments can also be dropped off at the Planning Department offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal office hours or mailed to the Planning Department at P.O. Box 8181, Hillsborough, NC 27278. Sincer Craig Be edict, AICP Planning Director Orange County 27 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS The Orange County Board of Commissioners will hold public hearings on Tuesday, September 15, 2020 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the items below. Due to current public health concerns, the hearings will be held on-line and pre-registration is required. The meeting will be live streamed at the following web address for those who wish to only view the meeting: www.orangecountync.gov/967/Meeting-Videos To register to speak at the public hearing, please send an email to ocpubliccomment@orangecountync.gov no later than 3:00 PM on the day of the hearing and indicate you wish to speak during the hearing. When submitting the request to speak, include the following: • The date of the meeting • The number and title of the agenda item (from the list below) you wish to speak on • Your name, address, email and phone number • The phone number must be the number you plan to call in from if participating by phone After registering to speak, an email that contains instructions and a link to sign up to access the hearing will be sent to the email address used to register. If you do not have access to an internet-enabled computer and would like to phone in to access the hearing, please call the office of the Clerk to the Board after September 9, 2020 at 919-245-2130 and a staff member will provide you with the call-in number. Public Hearin Items: ems: 1. Amendments to the Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan and to the Orange County Comprehensive Plan Future Land Use Map (FLUM): In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments of the Unified Development Ordinance, the Planning Director has initiated amendments to the Central Orange Coordinated Area (COCA) Land Use Plan and to the Orange County Comprehensive Plan Future Land Use Map (FLUM) in the vicinity of the southern portion of the Hillsborough Area Economic Development District. The amendments related to COCA affect 17 parcels (in whole or part) encompassing 84 acres. The amendments related to the FLUM affect 20 parcels (in whole or part) encompassing 89 acres. The COCA proposed land use category is Suburban Office and the FLUM proposed category is Economic Development. The affected parcels are as follows: t 28 Parcel Entire or Partial Acreage FLUM only or Identification Parcel to be Proposed to "Both" COCA Number Changed? be Changed and FLUM PIN 9862998894 Partial 11.69 Both 9872087570 Partial 0.03 Both 9872095945 Partial 1.64 Both 9872098324 Partial 7.45 Both 9872183072 Partial 0.02 Both 9872187626 Partial 7.98 Both 9872188329 Partial 1.87 Both 9872191961 Entire 1.18 Both 9872193459 Entire 10.23 Both 9872196844 Entire 3.26 Both 9872198336 Entire 10.44 Both 9872286360 Partial 0.04 Both 9872286779 Partial 0.59 Both 9872292222 Entire 10.18 Both 9872298289 Partial 7.99 Both 9873007189 Entire 1.06 FLUM only 9873008345 Entire 2.71 FLUM only 9873104230 Entire 4.45 Both 9873104310 Partial 0.72 FLUM only 9873108103 Entire 3.51 Both The Orange County Planning Board, at its August 5, 2020 regular meeting, voted 6- 4 to recommend approval of the proposed amendments. Clarification of the motion voted upon was deemed necessary and the Planning Board considered a clarified motion at its special meeting on August 19, 2020 when the board voted 6-4 to recommend approval of the amendments. Agenda materials from these meetings can be viewed at: http://orangecountync.gov/AgendaCenter/Planning-Board-26 2. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments, the Planning Director has initiated action to rezone 8 parcels totaling 45.96 acres. A. Six parcels (identified with the following PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11-9450, 9873-11-7247, and 9873-10-7937): From: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor(MTC) Overlay District. To: Economic Development Hillsborough Limited Office (EDH-2) and Major Transportation Corridor(MTC) Overlay District. B. One parcel (PIN 9873-10-4310): From: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point, Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1). 2 29 To: Economic Development Hillsborough Limited Office (EDH-2), Major Transportation Corridor(MTC) Overlay District, Rural Residential (R-1). C. One parcel (PIN 9873-20-2388): FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and Major Transportation Corridor(MTC) Overlay District. TO: Economic Development Hillsborough Office/Retail (EDH4) and Major Transportation Corridor(MTC) Overlay District. The parcels are located in Hillsborough Township, south of Interstate 40 and east of Old Highway 86. The purpose of the rezoning is to return these 8 properties back to their original zoning designation in place prior to the approval of the MPD-CZ for Settlers Point. If approved, development of these properties will be regulated consistent with the provisions of the Unified Development Ordinance (UDO) rather than the various conditions associated with the approval of the MPD-CZ for Settlers Point. The Orange County Planning Board, at its August 5, 2020 regular meeting, voted 10-0 to recommend approval of the proposed amendment. Agenda materials for this meeting, including maps, can be viewed at: http://orangecountync.gov/AgendaCenterNiewFile/Agenda/_08052020-1013 3. Zoning Atlas Amendment (Master Plan Development Application — Research Triangle Logistical Park) : In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, an applicant has applied to rezone 3 parcels, totaling approximately 180 acres, for a Master Planned Development — Conditional Zoning (MPD-CZ) for Research Triangle Logistical Park in the Hillsborough Economic Development District (EDD) south of Interstate 40 and west of Old Highway 86, within Hillsborough Township. The parcels are currently zoned: A. PIN 9863-71-8857: An approximately 90 acre parcel zoned MPD-CZ (Settlers Point) and Major Transportation Corridor (MTC) Overlay District; B. PIN 9863-91-6573: An 80 acre parcel zoned: • Approximately 60 acres (south of Interstate 40) zoned MPD-CZ (Settlers Point) and Major Transportation Corridor (MTC) Overlay District; • Approximately 20 acres (north of Interstate 40) zoned Economic Development Hillsborough Limited Officer (EDH-2) and Major Transportation Corridor (MTC) Overlay District. Note: The portion of the parcel north of the Interstate is not proposed to be rezoned. C. PIN 9862-99-8894: An approximately 12 acre parcel split zoned Rural Residential (R-1) and Rural Buffer (RB). Note: The small portion of this parcel zoned RB, approximately 26,000 square feet in area along Davis Road, is not proposed to be rezoned. It will remain zoned RB. 3 30 The Orange County Planning Board began review of this application at its August 5, 2020 regular meeting and continued review at a special meeting on August 19, 2020. At the August 19 special meeting, the Planning Board voted 6-4 to recommend approval of the application. Agenda materials from these meetings can be viewed at: http://orangecountync.gov/AgendaCenter/Planning-Board-26 Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. In accordance with Session Law 2020-3 (Senate Bill 704), Section 4.31(a), which pertains to remote meetings during declared emergencies, written comments on items heard at a public hearing are accepted for 24 hours after the public hearing is closed and the Board of County Commissioners shall not make a decision on public hearing items until after the 24-hour period for written comments has concluded. The full text of the public hearing items may be obtained no later than September 11, 2020 on the County's website: https://www.orangecountync.gov/1707/BOCC-Agendas Information will also be available from the Orange County Planning Department (contact information below) no later than September 4, 2020. Questions regarding the proposals may be directed to the Orange County Planning Department via phone at (919) 245-2575 during normal office hours (8:00 a.m. to 5:00 p.m., Monday through Friday). You may also e-mail questions to planningdept@orangecountync.gov. Written comments to the Board of County Commissioners can be sent via e-mail to ocbocc@orangecountync.gov. Written comments can also be dropped off at the Planning Department offices at 131 W. Margaret Lane, 2 d floor, Hillsborough, NC during normal office hours or mailed to the Planning Department at P.O. Box 8181, Hillsborough, NC 27278. PUBLISH: The Herald Sun News of Orange September 2, 2020 September 2, 2020 September 9, 2020 September 9, 2020 4 31 Attachment 4 Brief history and summary of land use classifications -Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan: Since the early 2000's, Orange County and the Town of Hillsborough have worked cooperatively to prepare a `comprehensive vision' outlining strategic growth management strategies in and around the Town's corporate limits. This work has included identifying anticipated locations for high intensity residential and non- residential developments, areas where it was reasonable to extend public utility services (i.e. water/sewer) to support development activities, etc. These efforts led, in 2009, to the adoption of a Hillsborough-Orange Interlocal Land Management Agreement. Part of this agreement called for the development of a joint land use plan identifying where the County and Town would work together to encourage/promote development consistent with available public utility services. In 2013, the Town adopted a Future Land Use Plan identifying its urban service areas (i.e. areas where utilities would be provided). This plan included areas within the County's planning jurisdiction as being viable for utility services. These efforts led to the creation/finalization of the Central Orange Coordinated Area (COCA) Land Use Plan, a joint effort between the Town and County identifying areas acceptable for urban style growth. The BOCC reviewed the COCA at a September 9, 2013 public hearing and adopted same on November 5, 2013. COCA establishes the following land use categories for properties south of Interstate 40: 32 � r rz t r . i. E � t * i i These land use categories are defined within the COCA as follows: • Employment areas. These areas include a wide range of business, light industrial, office, research and development, along with related/support services uses including restaurants, small scale retail and convenience shopping/services. Buildings and uses will be sited to limit the visual impact of service and warehousing operations, while still providing convenience for business functionality. These areas are in prime locations with good access to major road networks (where capacity exists or is planned) and rail if needed and should be reserved for high return employment generating uses. Zoning Districts: High Intensity Commercial, Business Park; Economic Development District, Light Industrial, General Industrial; Entranceway Special Use; Special Design Special Use. 33 STAFF COMMENT: This land use category impacts property west of Old NC Highway 86 and is included herein only for educational purposes. This land use category does not involve/impact the 8 parcels subject to staff's zoning atlas amendment recommendation. • Neighborhood Mixed Use. These areas provide opportunities for goods and services that residents of the district and surrounding neighborhoods need on a daily basis. Lots with this designation will front on an arterial or collector street and back up to single family neighborhoods. Buildings and uses will generally be in scale with the surrounding neighborhoods and be walkable as well as providing vehicular access. Sites may be single use or, mixed use, may incorporate residential uses or may be solely residential at a higher density than the adjacent neighborhood. Zoning Districts: R-10; Multi-family; Neighborhood Business; Neighborhood Business Special Use; Central Commercial; Central Commercial Special Use; Multi-Family Special Use; Residential Special Use. • Suburban Office Complex. These areas provide opportunities to for office and employment enterprises which do not rely on walk-in customers or have a manufacturing component. Businesses may be large or small but will generally arrange themselves in a campus setting with limited walkability and supporting services. Developments of this type should be kept small in nature to limit the peak transportation impact and limited vitality. Zoning Districts: Limited Office; Office Institutional; Business Park; Economic Development District; Entranceway Special Use; Special Design Special Use. 34 Attachment 5 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN A Planning Director initiated amendment to the Zoning Atlas to rezone 8 parcels as follows: Lot Parcel Township Owner of Current Zoning District Proposed Zoning District Number Identification Record Number PIN 1 9873-11-4636 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 2 9873-11-7506 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 3 9873-11-5415 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 4 9873-11-9450 Hillsborough Paul Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 5 9873-11-7247 Hillsborough Cathy Fuquay Master Plan Development Economic Development Cynthia Bessoir Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 6 9873-10-7937 Hillsborough Steven and Master Plan Development Economic Development Jesse Kaufman Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 7 9873-10-4310 Hillsborough Beatrice Brooks Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. Rural Residential (R-1) Rural Residential (R-1) 8 9873-20-2388 Hillsborough Robert and Master Plan Development Economic Development Lucille Ayers Conditional Zoning (MPD-CZ) Hillsborough Office/Retail ETAL Settlers Point; (EDH-4) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 35 The BOCC finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. The atlas amendment is consistent with this goal and objective as it eliminates the need for the parcels to comply with development criteria associated with a previously approved Master Plan Development Conditional Zoning (MPD-CZ) district. This district, commonly referred to as Settlers Point, is being modified. These 8 parcels will have difficulty meeting established development conditions/standards due to the proposed modification. By rezoning these parcels, the County will be providing opportunities for each lot to be developed consistent with applicable County land use standards as embodied within the UDO. c. The amendment is reasonable and in the public interest because it: 1. Modifies existing non-residential zoning designations in an effort to provide each property owner with an opportunity/path forward for the reasonable development of their property. The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Penny Rich, Chair Date 36 Rezoning Proposal: These 8 parcels are zoned MPD-CZ ED H- and were approved as part of the Settlers Point application (i.e. District 2). Staff is recommending these parcels be rezoned consistent with their original designations(i.e. EDH-2 or EDH-4). This will return the parcels to their original zoning(i.e. the zoning that existed prior to the approval of the MPD-CZ) and allow development consistent with the provisions of the UDO. EaH� 63 14 r r f _ r c' 4 a x L G'a'a Cr I' E III o • _ o A FMILSrShed , o • fl n f G PINSS.3-_'0-231SS } 32 acres(previous zoningg M j- } $ O',vnk Ra ei#and LU'611e Ayers ETAL O HILLS4•,)RL)UUH TQW'.SHLF .s CHAPIA HILL T[}SNHSHIF A 2 1 PIN 9B73-11-4636-1.3 a cres(previam zoning EC-H-=, ."13 Owner. Michael Dodson y 2) PIN 9B73-11-7506-.5 acres(previous zorirtg EG1-1-2. h tg Owner: Miebaek Dodson 38 $ 9 f. 3) PIN 9B76-11-5415-1.4 acres(previvm zoning EDH-2) A Owner. Michad Dodson 4) PIN 9B73-11-9450-1.6 acres(prevbus zoning EDH-2) Pe 3 burner. Paul Dodsm , p. 10 P* 5) PIN 9B73-11-7247-1.5 acres(previous zoning EDH-2) Pe4se C TIer Cathy FLBquay 1R89A 6) PIN 9873-10-7937-4.5 acres(previous zoni ng EDH 2) ta.otn R E Owner. Steven Kaufmann 7) PIN 9873-1 04310-2.4acres(previou92oningEDH-2) te.a,a 3Drdan L Ike' Owner fBeatriceSmaks rotected WattersYted Attachment 6 37 Ordinance#:ORD-2020-021 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated amendments to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, the proposed rezoning consists of the following: Lot Parcel Township Owner of Current Zoning District Proposed Zoning District Number Identification Record Number PIN 1 9873-11-4636 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 2 9873-11-7506 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 3 9873-11-5415 Hillsborough Michael Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 4 9873-11-9450 Hillsborough Paul Dodson Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 5 9873-11-7247 Hillsborough Cathy Fuquay Master Plan Development Economic Development Cynthia Bessoir Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 6 9873-10-7937 Hillsborough Steven and Master Plan Development Economic Development Jesse Kaufman Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. 7 9873-10-4310 Hillsborough Beatrice Brooks Master Plan Development Economic Development Conditional Zoning (MPD-CZ) Hillsborough Limited Office Settlers Point; (EDH-2) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. Rural Residential (R-1) Rural Residential (R-1) 1 38 8 9873-20-2388 Hillsborough Robert and Master Plan Development Economic Development Lucille Ayers Conditional Zoning (MPD-CZ) Hillsborough Office/Retail ETAL Settlers Point; (EDH-4) Major Transportation Corridor Major Transportation Corridor (MTC)Overlay District (MTC)Overlay District. WHEREAS, the proposal has been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the LIDO have been deemed complete, and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the areas described above and depicted on the attached maps. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner the foregoing ordinance was adopted this day of , 2020. I, David Hunt, Deputy Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2020 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2020. SEAL Deputy Clerk to the Board of Commissioners