Orange County NC Website
from tree cutting operations. Outdoor storage shall not be less than 40 feet from the <br />southern property line. <br />3. Allow for Planning Director to review and approve minor changes to the approved plan, <br />per Section 2.9.1(I) of the Orange County Unified Development Ordinance, specific to the <br />location and arrangement of development within the limits of disturbance and the <br />proposed “activity area”. The “activity area” shall be defined as the edge of gravel as <br />shown on the provided conditional zoning plan set. <br />4. Allow for Planning Director to review and approve minor changes to the approved plan, <br />per Section 2.9.1(I) of the Orange County Unified Development Ordinance, specific to <br />outdoor pole lights. Pole lights shall not exceed 14 feet and shall not be located outside <br />the proposed “activity area” The “activity area” shall be defined as the edge of gravel as <br />shown on the provided conditional zoning plan set. <br />5. Shall maintain a viable option for alternative site access near the southeast corner of the <br />site in the approximate location shown on the proposed conditional zoning plans. The <br />need for such alternate access may arise if, at some future date, Orange County <br />determines that moving the current access easement is necessary for the recreational- <br />use needs of the adjacent County owned parcels. <br />A Class B Special Use Permit was approved by the Orange County Board of Adjustment in <br />1994 for the existing 180 ft. telecommunication tower and 312 sq. ft. equipment building. The <br />presence of a SUP on the property does not prohibit the use of the property for other purposes, <br />provided both uses are addressed in the conditional zoning application. The approved SUP is <br />contained in Attachment 9. <br /> <br />A Grant of Easement and Assignment of Lease for the existing access easement was recorded <br />in 2008 between the property owner at that time and Crown Castle, the tower owner, that grants <br />Crown Castle privileged rights, including first right of refusal, for the sale and use of that private <br />access easement. Crown Castle has not commented upon this zoning application. Attachment 5 <br />includes a letter detailing the applicant’s legal right to the access easement, which cannot be <br />confirmed by staff at this time. The Orange County Department of Environment, Agriculture, <br />Parks & Recreation (DEAPR) requested a condition of a new future access road construction <br />through the Orange County-owned property from the applicant and the applicant has not agreed <br />to the request. Both the County request and the applicant’s response are contained in <br />Attachment 5. <br /> <br />Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Planning Board <br />meeting were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. <br />These notices were mailed on December 14, 2023, 20 days before the meeting. Staff also <br />posted the subject parcel with a sign on December 14, 2023, 20 days before the meeting. See <br />Attachment 3 for the notification materials. <br />14