1.3.24 Planning Board Minutes - Laserfiche WebLink

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APPROVED WITH AMENDMENT 2.7.24 101 menu of uses, while this is site specific, use specific, and limited in its entitlement. I'm happy to answer them at 102 this time. Otherwise, I'm very happy to turn the mic over to Ashley Moncado to present the findings by staff. 103 104 Ashley Moncado: Good evening. I am Ashley Moncado, Planner III with the Planning Department. Cy kind 105 of already went ahead and introduced the item, so I'm just going to jump right into it. The parcel related to this 106 rezoning request is located in the Chapel Hill Township approximately 1/4 mile from Millhouse Road. It's 107 identified with the red star there on the screen in front of you. The parcel is approximately 10 acres in size. 108 Currently, the parcel is zoned as Rural Buffer. The applicant is requesting to rezone to Agricultural Support 109 Enterprises-Conditional District to allow for Agricultural Services which are a permitted use in this zoning 110 district. The purpose of this is for them to locate their tree, care, and consulting service business on this site. 111 Parcels to the north, east, and west are all zoned as Rural Buffer and located in Orange County's planning 112 jurisdiction. The parcel to the south is located in Chapel Hill's planning jurisdiction and is zoned as Rural 113 Transition. The Future Land Use Classification for this parcel is Rural Buffer. No amendments are being 114 proposed to the Future Land Use Map related to this request before you tonight. As stated, part of the 115 Conditional District Rezoning application requires submission of several documents in accordance with 116 Section 2.9 of the UDO. The applicant has provided these documents, and they are contained in Attachment 1 117 of your packets. As part of their application process, they are required to submit a formal site plan. The 118 applicants have provided a plan featuring two office buildings, which are labeled here in front of you, a 119 residential structure for an onsite caretaker, parking, outdoor storage, and equipment staging area. The site 120 plan documents also identified stream buffer, landscaping, and stormwater control measures. A Class B 121 Special Use Permit was permitted for this site in 1994 for the existing telecommunication tower and equipment 122 building that are also identified here on the site plan. The existing SUP does not prohibit the use of the 123 property for other purposes provided both uses are addressed in the Conditional Zoning application process. 124 One item, I'd like to note is more so regarding the southern portion of the site and the areas that are labeled as 125 wood storage areas. Based on the Orange County Unified Development Ordinance, those are classified and 126 would be defined as Outdoor Storage which are required to be a 100 feet setback from property lines. As you 127 can see here, and it might be hard to see, the applicant is proposing to locate these areas about 42 to 46 feet 128 away from the southern property line. They have submitted a condition requesting a decrease in that setback 129 standard. I'd also like to note that their outdoor storage areas are proposed to be screened with a 6-foot fence. 130 Access to the site is being proposed along an existing gravel access way located across Orange County- 131 owned property. As you can see here, it will cross and then head east to connect to Millhouse Road. There 132 are some minor improvements that they are proposing including paving at the stream crossing as well as 133 paving at the entryway connecting to Millhouse Road. The applicant is providing for a second access on the 134 southeastern portion of the site. The reasoning for this is based on a request from conversations with DEAPR 135 and the concern that the existing access way may be lost or may need to be relocated in order to 136 accommodate the future Millhouse Road park site. A grant of easement and assignment of lease for the 137 existing access easement within the property was recorded in 2008 with the current owner at the time and 138 Crown Castle. Attachment 5 in your packets includes a letter detailing the applicant's legal right to the access 139 easement which cannot be confirmed by staff. Crown Castle has not provided comments on this application, 140 and the existing offsite access easement is located on property owned by Orange County. In response to the 141 proposed use of the existing easement as a commercial driveway to serve the applicant's use, DEAPR 142 requested a condition of future access road construction through this property from the applicant, and the 143 applicant has not agreed to this request. DEAPR's request and the applicant's response are also contained in 144 Attachment 5. And just a follow up from what Cy was saying earlier, based on Section 2.91 of the UDO, 145 mutually agreed upon conditions can be imposed as part of the Conditional Rezoning process, and agreed 146 upon conditions are binding to the development permitted for the zoning district. As part of the process, the 147 applicant did submit conditions. The proposed conditions were reviewed, and revisions were recommended 148 by staff for clarity and consistency with the UDO. The applicant accepted the revisions, and these are what 149 were contained in your Attachment 2 and Attachment 8 of the Ordinance and are provided on the slide here for 150 you. We can go back to the slide and discuss when we to the recommendation and discussion part of this