Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill

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