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Agenda 05-07-24; 8-a - Minutes
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Agenda 05-07-24; 8-a - Minutes
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5/2/2024 1:50:40 PM
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BOCC
Date
5/7/2024
Meeting Type
Business
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Agenda
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8-a
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16 <br /> 1 Use Plan. UDO Section 2.8.4 requires that applications of zoning amendments <br /> 2 for properties located within the Joint Courtesy Review Area be processed in <br /> 3 accordance with the specified joint courtesy review procedures. County staff <br /> 4 provided application materials to Town of Carrboro and Town of Chapel Hill <br /> 5 planning staff on September 15, 2023, and comments received from this <br /> 6 courtesy review are available in Attachment 5. <br /> 7 UDO Sections 2.5.4(C)l and 2.8.5(8) require applications for Agricultural <br /> 8 Support Enterprises located within the Rural Buffer be forwarded to the County's <br /> 9 Agricultural Preservation Board (APB). The APB reviewed the application at its <br /> 10 September 20, 2023 meeting and its comments are available in Attachment 5. <br /> 11 • SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM). <br /> 12 STAFF COMMENT: The applicant held the NIM on November 17, 2023 at 4:00 <br /> 13 p.m. at the Orange County Public Library (Attachment 4). <br /> 14 • THIRD ACTION — The Planning Board reviews the application at a regular meeting <br /> 15 and makes a recommendation to the BOCC. <br /> 16 STAFF COMMENT: The Planning Board reviewed this application at its regular <br /> 17 meeting on January 3, 2024. <br /> 18 • FOURTH ACTION — The BOCC receives the Planning Board and staff <br /> 19 recommendations at an advertised public hearing and makes a decision on the <br /> 20 application. <br /> 21 STAFF COMMENT: The public hearing is scheduled to be held on March 19, <br /> 22 2024. <br /> 23 <br /> 24 A formal site plan is required as part of a conditional zoning application and has been submitted <br /> 25 (Attachment 1). The applicant is proposing an Agricultural Support Enterprise to locate a tree care <br /> 26 and consulting company on this site. This use will include two office buildings, a residential <br /> 27 building for a property caretaker, and a service equipment staging area. <br /> 28 <br /> 29 The application and site plan were presented to the APB, as required by Sections 2.5.4(C)(1) and <br /> 30 2.8.5(B)of the UDO, but no substantive comments were provided (Attachment 5). Orange County <br /> 31 Development Advisory Committee staff approved the submitted site plan with the imposition of <br /> 32 recommended conditions, as included in the Ordinance in Attachment 9. <br /> 33 <br /> 34 Additional Information <br /> 35 <br /> 36 Existing Special Use Permit <br /> 37 A Class B Special Use Permit (SUP) was approved by the Orange County Board of Adjustment <br /> 38 in 1994 for the existing 180-foot telecommunication tower and 312 square foot equipment <br /> 39 building. The presence of a SUP on the property does not prohibit the use of the property for other <br /> 40 purposes, provided both uses are addressed in the conditional zoning application. The approved <br /> 41 SUP is contained in Attachment 10. <br /> 42 <br /> 43 Site Access <br /> 44 A Grant of Easement and Assignment of Lease for the existing access easement was recorded <br /> 45 in 2008 between the property owner at that time and Crown Castle, the tower owner. The <br /> 46 easement language grants Crown Castle privileged rights, including first right of refusal, for the <br /> 47 sale and use of that private access easement. Crown Castle has not commented upon this zoning <br /> 48 application. Attachment 5 includes a letter detailing the applicant's legal right to the access <br /> 49 easement, which cannot be confirmed by staff. <br /> 50 <br /> 51 <br />
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