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Home My WebLink AboutORD-2012-055 Ordinance Amending the Zoning Atlas - Darrell Chandler Conditional Zoning to REDA-CZ-1 Ordinance#: �Ol 01- O SS lv C, AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, This petition seeks to rezone 12 acre portion of a 35.8 acre parcel of property (PIN 0910-34-5040) to NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ- 1) Conditional Zoning for the purpose of developing a self-storage facility. WHEREAS, This petition has been submitted in concert with a formal site plan in accordance with the provisions of Section 2.9.2 (C) of the UDO, and WHEREAS, the portions of property to be rezoned are identified further as follows: PIN 0910-34-5040. Darrell W. Chandler. Deed Book 5329, page 496, Lot A Plat Book 96, page 98, Orange County Registry. Description by William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Design and Engineering Services , 504 Meadowland Drive, Hillsborough, NC 27278-8551. The following description is based on Plat Book 96, page 98 and does not represent an actual field survey. Summit project 12-0191. Physical* descriptions of corners shown in parenthesis are for information only and are taken from Plat Book 96, page 98 and have not been recovered or verified. Location of right of way and centerline of Mile Branch Road taken from site plan "Affordable Rougemont Self-Storage-Site Plans" Sheet No. C-2, Summit Design and Engineering Services Project 12-0191, and does not represent an actual survey or location of Mile Branch Road. BEGINNING at a point ("Control Corner", "Pipe") at the southwest corner of Lot A Plat Book 96, page 98 referenced above in the southeast right of way of NC Highway 57; thence along and with the southeast right of way of NC Highway 57 N. 41' 00' 38" E. 711.84' to a mathematical point in the west right of way of Mile Branch Road; thence continuing along the southeast right of way of NC Highway with the north right of way line of Mile Branch Road along two (2) courses as follows: (1) N. 41' 00' 38" E. 69.34' to a point ("Pipe") and (2) N. 41' 00' 35" E. 4.72' to a mathematical point in the east right of way of Mile Branch Road; thence leaving the right of way of Mile Branch Road and continuing along and with the southeast right of way of NC Highway 57 N. 41° 00' 35" E. 526.17' to a mathematical point; thence leaving the right of way of NC Highway 57 along five (5) new zoning lines with Darrell W. Chandler as follows: (1) S. 14° 16' 38" E. 1025.32' to a mathematical point, (2) N. 86° 24' 18" W. 165.61' to a mathematical point, (3) N. 87° 21' 13" W. 252.13' to a mathematical point in the east right of way of Mile Branch Road, (4) N. 87° 21' 13" W. 35.68' to a mathematical point in the centerline of Mile Branch Road and (5) with the centerline of Mile Branch 1 Road along a curve to the left having a radius of 1022.33' an arc length of 60.55' (chord bearing S. 31' 17' 04" E., chord distance 60.54') to a mathematical point in the south line of Lot A Plat Book 96, page 98 referenced above; thence with the south line of Lot A Plat Book 96, page 98 along five (5) courses as follows: (1) N. 87° 29' 47" W. 3.59' to a point ("PK"), (2) N. 87° 11' 02" W. 33.13' to a mathematical point in the west right of way of Mile Branch Road, (3) leaving the right of way of Mile Branch Road N. 87° 11' 02" W. 9.13' to a point ("Pipe"), (4) N. 87° 23' 21" W. 280.09' to a point ("Pipe") and (5) N. 87° 24' 05" W. 367.27 to a point ("Control Corner", "Pipe") at the southwest corner of Lot A Plat Book 96, page 98 referenced above in the southeast right of way of NC Highway 57, the place and POINT OF BEGINNING and being all of an area to be re-zoned from Orange County Zone AR to Orange County Zone REDA-CZ-1 containing 12.80 Acres. and, WHEREAS, the requirements of Section 2.8 and 2.9.2 of the UDO have been deemed complete, and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the 12 acre portion of the aforementioned parcel to NC Highway 57 Speedway Area Rural Economic Development Area (REDA-CZ-1) Conditional Zoning district. BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.2 (F) of the UDO the approval of this Conditional Zoning applicant is subject to the following mutually agreed to conditions: 1. The property shall be utilized only as a self-storage facility developed consistent with the submitted site plan. 2. Staff shall prepare a `Declaration of Development Restrictions and Requirements' outlining all conditions and development limitations associated with this project that the applicant shall record within the Orange County Registrar of Deeds office within 90 days of approval. This document shall include an explanation of the allotment of impervious surface limits supporting the development of the proposed self-storage facility as well as the applicant's remaining property. 3. The proposal calls for the development of the project is 2 phases. Prior to the commencement of earth disturbing activity for Phase 2 of the project, the applicant shall apply for and install a well in accordance with applicable Orange County Health Department requirements. 4. Retail sales from the proposed rental office shall be limited to packing supplies (i.e. boxes, table, packing materials, etc.) and shall not involve the sale of general retail items such as food, drinks, or other similar items not consistent with the use of the property as a self-storage facility. 5. The applicant shall be required to obtain final approval for the proposed dumpster pad location from Orange County Solid Waste prior to the commencement of earth disturbing activity. 6. The applicant shall be required to obtain stormwater and erosion control permits from Orange County Erosion Control prior to the commencement of earth disturbing activity. 7. The applicant shall be required to obtain a driveway permit from the North Carolina Department of Transportation prior to the commencement of earth disturbing activity. The applicant shall provide the Orange County Planning Department with a copy of this permit. 8. The applicant shall be required to obtain building permits from the Orange County Inspections Department prior to the commencement of construction activity. 9. The applicant shall be required to obtain sign permits from the Planning Department in accordance with the provisions of the Orange County Unified Development Ordinance. 10.The applicant shall be required to maintain all required land use buffers in perpetuity in accordance with the requirements of Section 6.8 of the Orange County Unified Development Ordinance. 11.No ancillary commercial or residential use of individual storage facilities shall be permitted. This includes the use of storage facilities for automotive repair or retail sales. The applicant shall include this prohibition within storage unit lease documents informing clients of the prohibition. 12.No hazardous materials shall be stored on the property. The applicant shall include this prohibition within storage unit lease documents informing clients of the prohibition. 13.All required landscaping, as denoted on the site plan, shall be installed prior to the issuance of a Certificate of Occupancy allowing for the units to be rented/occupied. 14.The applicant shall contract with a private solid waste contractor to remove trash from the site consistent with the submitted site plan and in accordance with the Orange County Solid Waste Management Ordinance. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner AJ c ks-4 the foregoing ordinance was adopted this (a6 day of , 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 'mod' , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this 5— day of 2012. ® Clerk Y the oar of Commissioners t 51 li 4Q t� orth �At°