Orange County NC Website
Browse       Search
21 <br /> limited to those that address conformance of the development and use of the site to local <br /> government ordinances and adopted plans or the impacts reasonably expected to be generated <br /> by the development or use of the site. Per Section 2.9.2 (F) (3) of the UDO, mutually agreed <br /> upon conditions can be imposed as part this process only if they address: <br /> 1. The compatibility of the proposed development with surrounding property, <br /> 2. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and <br /> vehicular circulation systems, screening and buffer areas, etc.) and/or <br /> 3. All other matters the County may find appropriate or the petitioner may propose. <br /> This request involves a property owner seeking to change the zoning designation of a portion of <br /> their property (+/-7.05 acres) from Agricultural Residential (AR) to Non—Residential Conditional <br /> District (NR—CD) specifically only for a retail use. A formal site plan is required as part of a <br /> conditional rezoning application and has been submitted (Attachment 1). Approval of a site- <br /> specific plan is part of the conditional district rezoning process, and the site plan and any <br /> agreed-upon conditions are binding to the development footprint permitted for the zoning district. <br /> Staff has recommended the imposition of conditions, as included in the Ordinance in Attachment <br /> 5. The following conditions deviating from the UDO have been requested by the applicant: <br /> A. Planting Requirements (Section 6.8.71: Relief from having to provide 300-square <br /> foot Terminal Islands in parking rows of 10 or more spaces, as required by Subsection <br /> (D)(2)(b)(i); <br /> B. Off-Street Parking Requirements (Section 6.9.7): Relief from providing the 53 <br /> parking spaces required, conditional on provision of 51 parking spaces instead; and <br /> C. Driveway Access: Responsive to NC Department of Transportation comments, right- <br /> and left-turn lanes shall be provided at the NC Highway 86 North driveway. <br /> Proposal: The applicant is requesting the conventional zoning designation be changed from <br /> Agricultural Residential (AR) to a conditional zoning designation of Non—Residential Conditional <br /> District (NR—CD) stating: <br /> "Family Dollar Prospect Hill is a proposed retail development, situated at the intersection <br /> of NC 49 and NC 86, in northern unincorporated Orange County. The 49.58-acre site <br /> owned by Charles A. Wells will be subdivided into an approximately 7.05-acre triangular <br /> parcel at the intersection bordered by NC 49 to the west and NC 86 to the east. On this <br /> new parcel, Elcan & Associates, Inc., as developer, proposes to construct an <br /> approximately 10,431-square foot retail building with associated sidewalk, parking area, <br /> and one new driveway access onto each road. <br /> The parcel is currently zoned Agricultural Residential and is bordered by similarly zoned <br /> properties. Immediately adjacent uses are agricultural, residential, and wooded land. <br /> This development proposes an amendment to change the new 7.05-acre parcel to a <br /> Non-Residential Conditional District designation to allow the proposed retail use, a <br /> combination Family Dollar/Dollar Tree store providing grocery, general retail and dollar <br /> store products in one location — a use intended to serve the needs of local residents. <br /> The existing site has a gravel drive, pump house and small log structure that will all be <br /> demolished. Soils on-site consist chiefly of Helena-Sedgefield complex at 0-to-2 percent <br />