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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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BOCC
Date
3/19/2024
Meeting Type
Business
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Agenda
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5-a
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3 <br /> other purposes, provided both uses are addressed in the conditional zoning application. The <br /> approved SUP is contained in Attachment 10. <br /> Site Access <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. The <br /> easement language grants Crown Castle privileged rights, including first right of refusal, for the <br /> sale and use of that private access easement. Crown Castle has not commented upon this <br /> zoning application. Attachment 5 includes a letter detailing the applicant's legal right to the <br /> access easement, which cannot be confirmed by staff. <br /> Proposed Conditions <br /> Following the January 3, 2024 Planning Board meeting, the applicant requested to vest their <br /> plan's development rights, per Section 2.5.5 of the UDO. This request was added as Condition <br /> #7, which was not reviewed by the Planning Board. <br /> Following Planning Board recommendation, Orange County and the applicant negotiated the <br /> details included in Conditions #5 and #6. <br /> Per Section 2.9.1(F)(3) of the UDO, mutually agreed upon conditions can be imposed as part of <br /> this process if they address: <br /> a. The compatibility of the proposed development with surrounding property, <br /> b. Proposed support facilities (i.e. roadways, and access points, screening and buffer areas, <br /> the timing of development, etc.), and/or <br /> c. All other matters the County may find reasonable and appropriate or the petitioner may <br /> propose. <br /> Per Section 2.9.1(F)(3) of the UDO, the following conditions are being proposed: <br /> 1. Project shall be completed as presented in approved site plan/application packet. <br /> 2. Allow for a reduction of the 100' setback from the southern property line for outdoor <br /> storage of wood chips, stumps and logs, branches and similar wood by-products resulting <br /> 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(1) 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(1) 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. Initial access to the applicant's property shall be through the current access easement <br /> held by Crown Castle, LLC, and improved consistent with the County's road improvement <br /> terms and standards. <br />
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