Conditional Rezoning

Note: A Conditional Rezoning proposes rezoning of property and adoption of site plan or master plan, depending on the zoning district, by the Board of County Commissioners (BOCC). Review of application is carried out in a legislative process.

PROCESSING OF NEW MASTER PLAN DEVELOPMENT CONDITIONAL ZONING DISTRICT (MPD-CZ) APPLICATION – RESEARCH TRIANGLE LOGISTICS PARK (RTLP)


Staffs of the Planning and Economic Development Departments have produced a document to respond to Frequently Asked Questions about the RTLP application

At its October 20, 2020 meeting, the Board of County Commissioners voted to approve the rezoning application.  

PLEASE NOTE:  On October 16, 2020 the applicant agreed to a revised list of condition(s).  These revised conditions were sent out to the BOCC on Friday afternoon after the agenda package was published.

The following document(s) have been provided to the BOCC members and will be considered at the October 20 meeting:


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The Orange County Planning Board began review of this application at its August 5 meeting and continued review of the application at an on-line special meeting on Wednesday, August 19, 2020

Orange County Planning Department's PowerPoint for RTLP - August 5 Planning Board Meeting

Applicant's PowerPoint for RTLP - August 5 Planning Board Meeting

Orange County Planning Department's PowerPoint for RTLP - August 19 Planning Board Meeting 

Applicant's PowerPoint for RTLP - August 19 Planning Board Meeting

Applicant's Transportation PowerPoint for RTLP - August 19 Planning Board Meeting

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On or about June 5, 2020 the Orange County Planning Department received a Conditional Zoning Atlas Amendment application to rezone several parcels located south of Interstate 40, west of Old NC Highway 86, within the Hillsborough Township. 

Specifically staff received an application to rezone approximately 161 acres of property to Master Plan Development (MPD) Conditional Zoning for a development, referred to as the Research Triangle Logistics Park (RTLP), on parcels identified utilizing the following Orange County Parcel Identification Numbers (PIN):

  • PIN 9863-71-8857:  an approximately 90 acre parcel of property zoned MPD-CZ, part of the Settlers Point project approved by the County in 2018, and Major Transportation Corridor (MTC) Overlay District;
  • PIN 9863-91-6573:  approximately 60 acres of an 80 acre parcel zoned MPD-CZ (i.e. part of the Settlers Point project approved by the County in 2018) Economic Development Hillsborough Limited Officer (EDH-2), and Major Transportation Corridor (MTC) Overlay District;

STAFF COMMEENT:  Approximately 20 acres of the parcel, north of Interstate 40, is not part of the application and will remain zoned as currently depicted on the official County Zoning Atlas.

  • PIN 9862-99-8894:  an approximately 12 acre parcel of property zoned Rural Residential (R-1) and Rural Buffer (RB).Map1

BACKGROUND:

On January 23, 2018 the Orange County Board of Commissioners (BOCC) approved a zoning atlas amendment creating a Master Plan Development Conditional Zoning (MPD-CZ) district allowing development of Settlers Point (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 (west side of Old NC Highway 86):  Included Industrial, manufacturing, and research land uses;

NOTE:  2 of the parcel approved as part of the Settlers Point project are part of the zoning atlas application referenced above.

District 2 (ease side of Old NC Highway 86):  Included office, retail, hotel, and commercial land uses.

NOTE:  These parcels are not part of the zoning atlas application referenced above.  County staff is working with these property owners to rezone these parcels to a non MPD-CZ zoning designation.

PROPOSAL:

For the last few months, County staff have been meeting with the applicant to discuss the process to rezone the 3 identified properties to a new MPD-CZ district allowing for the development of RTLP.

According to the submittal, RTLP will involve the development of: ‘ … health technology, information sciences and engineering, advanced manufacturing, light manufacturing, scientific research and laboratories, logistics, warehousing and supply chain fulfillment’ land uses.  It is anticipated the project will involve the construction of approximately 2,250,00 sq.ft. of building area housing these various land uses with vehicular access from both Service Road (SR 1223) and Davis Road (SR 1129).

As a general reminder, if the RTLP proposal is approved by the County, it will mean the Settlers Point MPD-CZ will be eliminated.  RTLP will be developed under a new set of conditions, which are mutually agreed to by the applicant and the County during the review process.

Review and action on the Project shall be in accordance with the provision(s) of Section 2.9 Conditional Districts of the UDO.  The timeline for the public review/comment of the application is as follows:

  1. July 15, 2020 – Neighborhood Information Meeting (NIM). A NIM was held allowing local property owners to ask the applicant questions and for staff to provide information on the process associated with the review of the project. Notes summarizing the comments/questions from this meeting will be posted on the website once they are able.
  2. August 5, 2020 – Planning Board meeting to review and potentially make a recommendation on the request;
  3. September 15, 2020 – First available date for public hearing by the BOCC.

The following documents are available for review:

  • Conditional Zoning Fact Sheet
  • RTLP Project Narrative including the following attachment(s)/exhibit(s): *Information updated with new submittal as of July 15, 2020.
    • Exhibit A – Adjoining property owner list;
    • Exhibit B – Future Land Use Map for Orange County;
    • Exhibit C – Water/sewer urban service boundary;
    • Exhibit D – Water and Sewer Management Plan map;
    • Exhibit E – Property owner authorizations allowing applicant to apply for rezoning;
    • Exhibit F – Master Sign Plan;
    • Exhibit G – Environmental Assessment;
    • Exhibit H – Traffic Impact Analysis.
  • Appendix – Traffic Impact Analysis (TIA)
  • Updated Site Traffic Distribution Maps – The week of August 10th through 14th of 2020, County staff, the applicant, and a concerned property owner separately discovered a typo in the map(s) provided within the TIA.  The current map(s), beginning on page 18 of the TIA contained in Exhibit H of the application, indicate there will be 25% of ‘traffic’ entering onto Davis Road from RTLP.  This number should be 5%.  A second area of concern is the lack of data displayed on certain traffic movements.  The applicant has corrected for these inconsistencies and revised the map(s) accordingly, which can be seen here.  It should be noted staff verified the full TIA report and Appendices, which have been reviewed by staff and the NC Department of Transportation, contain the correct data and models of anticipated traffic movements.
  • Master Concept Plan including: (Information updated with new submittal as of July 20, 2020)
    • Existing conditions;
    • Preliminary concept site plan;
    • Environmental features;
    • Utility locations;
    • Internal roadways;
    • Landscape/buffer plan.
  1. Initial Staff Review Comments on the Project - June 30, 2020
  2. Applicant Response to Staff’s Comments
  3. July 31, 2020 – NC Department of Transportation Review Comments
  4. Applicant’s response to NC Department of Transportation July 31, 2020 comments – August 5, 2020

To address public, staff, advisory board and elected official concerns over potential traffic impacts to Davis Road, the applicant proposed modification(s) to the anticipated traffic pattern supporting the Project. This included elimination of the driveway allowing access for commercial vehicles onto Davis Road. This analysis was reviewed and approved by the NC Department of Transportation (NCDOT) on October 2, 2020 and now represents the traffic pattern being reviewed by the County elected officials

  1. RTLP – Revised Traffic Impact Analysis (TIA) dated September 21, 2020
  2. RTLP – Revised Concept Drawing of new intersection of Service Road and Old NC Highway 86
  3. October 2, 2020 NC Department of Transportation review and approval letter of revised TIA

NOTE:  The project narrative and concept plan(s) are being reviewed by staff and are subject to change/modification to address comment(s).  As new versions are available, they will be uploaded to the Department webpage.


Settlers Point

Settlers Point is a Master Plan Conditional Zoning District (MPD-CZ) approved by the Board of County Commissioners (BOCC) at its January 23, 2018 regular meeting.  Minutes from this meeting can be accessed at the following link: http://server3.co.orange.nc.us:8088/WebLink8/DocView.aspx?id=49911&dbid=0

The application involved the rezoning of approximately 195 acres of property:

From: Economic Development Hillsborough Limited Office (EDH-2) ;
Economic Development Hillsborough Office/Retail (EDH-4) ;
Economic Development Hillsborough Research and Manufacturing (EDH-5) ;
Rural Residential (R-1) ;
Major Transportation Corridor (MTC) Overlay District.

To: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point ;
Major Transportation Corridor (MTC) Overlay District.

for a mixed use development proposing two development areas further identified as follows:

1. District 1 Light Industrial/Manufacturing and Research – The district is located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. 

The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863-71-8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows:

Map

2. District 2 Commercial – The district is located within the central most portion of the property, along    Interstate 40 intended to provide for high intensity office uses, retail, and services.

 The District is approximately 47 acres in area involving 8 parcels of property (PINs 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) and is depicted within the submitted application narrative as follows:

Map

Originally there was a third district planned, south of District 2.  This District was eliminated from the proposal at the request of the applicant.

Agenda materials from this meeting can be accessed utilizing the following link: http://www4.orangecountync.gov/weblink/0/doc/49647/Page1.aspx.   Agenda materials for the public hearing, held on November 14, 2017, where review of the project began can be accessed utilizing the following link: http://server3.co.orange.nc.us:8088/WebLink8/0/doc/49440/Page1.aspx

The County’s approval of the project does not mean a developer can commence land disturbing activity immediately.  The approval merely rezoned the property to a new Master Plan Development Conditional Zoning district designation and established additional development requirements/conditions for the project.  Individual development(s) will have to obtain site plan approval by County Planning staff in accordance with the Unified Development Ordinance and applicable conditions imposed by the BOCC as part of the January 23, 2018 approval.

Relevant document(s)


Hart's Mill Master Plan Residential Community

  • Parcel Identification Number (PIN) and Map: 9835-74-8573 (PDF)
  • Proposal: The project will be a village style development with approximately 34 dwelling units and involve the preservation of approximately 67 acres of the parcel (approximately 60%) as vegetative open space and farm area (i.e. pasture and crop production).
  • Date of Submittal: March 2, 2015
  • Stage of Review: Board of County Commissioners Approved new master plan on November 5, 2015
  • Current Status: n/a