Orange County NC Website
16 <br /> Use Plan. UDO Section 2.8.4 requires that applications of zoning amendments <br /> for properties located within the Joint Courtesy Review Area be processed in <br /> accordance with the specified joint courtesy review procedures. County staff <br /> provided application materials to Town of Carrboro and Town of Chapel Hill <br /> planning staff on September 15, 2023, and comments received from this <br /> courtesy review are available in Attachment 5. <br /> UDO Sections 2.5.4(C)1 and 2.8.5(B) require applications for Agricultural <br /> Support Enterprises located within the Rural Buffer be forwarded to the County's <br /> Agricultural Preservation Board (APB). The APB reviewed the application at its <br /> September 20, 2023 meeting and its comments are available in Attachment 5. <br /> • SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM). <br /> STAFF COMMENT. The applicant held the NIM on November 17, 2023 at 4:00 <br /> p.m. at the Orange County Public Library (Attachment 4). <br /> • THIRD ACTION — The Planning Board reviews the application at a regular meeting <br /> and makes a recommendation to the BOCC. <br /> STAFF COMMENT: The Planning Board reviewed this application at its regular <br /> meeting on January 3, 2024. <br /> • FOURTH ACTION — The BOCC receives the Planning Board and staff <br /> recommendations at an advertised public hearing and makes a decision on the <br /> application. <br /> STAFF COMMENT: The public hearing is scheduled to be held on March 19, <br /> 2024. <br /> A formal site plan is required as part of a conditional zoning application and has been submitted <br /> (Attachment 1). The applicant is proposing an Agricultural Support Enterprise to locate a tree care <br /> and consulting company on this site. This use will include two office buildings, a residential <br /> building for a property caretaker, and a service equipment staging area. <br /> The application and site plan were presented to the APB, as required by Sections 2.5.4(C)(1) and <br /> 2.8.5(B)of the UDO, but no substantive comments were provided (Attachment 5). Orange County <br /> Development Advisory Committee staff approved the submitted site plan with the imposition of <br /> recommended conditions, as included in the Ordinance in Attachment 9. <br /> Additional Information <br /> Existing Special Use Permit <br /> A Class B Special Use Permit (SUP) was approved by the Orange County Board of Adjustment <br /> in 1994 for the existing 180-foot telecommunication tower and 312 square foot equipment <br /> building. The presence of a SUP on the property does not prohibit the use of the property for other <br /> purposes, provided both uses are addressed in the conditional zoning application. The approved <br /> 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 zoning <br /> application. Attachment 5 includes a letter detailing the applicant's legal right to the access <br /> easement, which cannot be confirmed by staff. <br />