HomeMy WebLinkAboutAgenda - 02-02-2021 Virtual Board Meeting; 5-a - Review of Zoning Atlas Amendment NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1) – Rougemont Self Storage 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 2, 2021
Action Agenda
Item No. 5-a
SUBJECT: Review of Zoning Atlas Amendment: NC Highway 57 Speedway Rural
Economic Development Area (REDA-CZ-1) — Rougemont Self Storage
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Application Package with Site Plan Michael D. Harvey, Planner III, (919) 245-2597
2. Vicinity and Current Zoning Map Molly Boyle, Planner II, (919) 245-2599
Craig Benedict, Director, (919) 245-2592
3. Orange County Future Land Use Map
4. Staff Review Comments
5. Meeting Notices and Materials
6. 2012 Ordinance to Amend Zoning Atlas
and Imposed Conditions
7. Excerpt of Draft Planning Board Minutes
from January 6, 2021 and Statement of
Consistency
8. Statement of Consistency
9. Ordinance to Amend Zoning Atlas and
Conditions of Approval
PURPOSE: To hold a public hearing, receive the Planning Board/staff recommendation and
public comment, close the public hearing, and consider action on an applicant initiated Zoning
Atlas Amendment for a parcel within the Little River Township of the County.
Specifically, Darrell Chandler of Rougemont Storage Center, LLC, is seeking to rezone
approximately 7.37 acres of a parcel at 8927 Mile Branch Road to NC Highway 57 Speedway
Rural Economic Development Area (REDA-CZ-1). Approval of the zoning atlas amendment will
allow for the expansion of the existing self-storage business. A copy of the application is
contained in Attachment 1.
BACKGROUND: Staff has processed a zoning atlas amendment application proposing to
rezone a 7.37 acre portion of a 21 .54 acre parcel, further identified using Orange County Parcel
Identification Number (PIN) 0910-23-7159 (hereafter `the Property'):
FROM: Agricultural Residential (AR); NC Highway 57 Speedway Rural Economic
Development Area (REDA-CZ-1); Flat River Protected Watershed
Protection Overlay District; and Little River Protected Watershed Protection
Overlay District
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TO: NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-
1); Flat River Protected Watershed Protection Overlay District; and Little
River Protected Watershed Protection Overlay District
The County approved the rezoning of the property/development of a self-storage facility in 2012,
with the public hearing occurring on August 27, 2012 and BOCC approval of the request on
November 20, 2012. Agenda materials and minutes for these meeting(s) can be accessed at:
http://server3.co.orange.nc.us:8088/weblink/Browse.aspx?dbid=0&startid=42108&row=1&cr=1.
Attachment 6 contains a copy of the ordinance adopted in 2012 approving the aforementioned
zoning atlas amendment and imposing conditions on the development of the approved self-
storage business.
As a general reminder, development of the property will be limited to applicable conditions
imposed by the County as agreed to by the applicant. This includes continued compliance with
existing, and any additional, imposed conditions. If the request is approved, the Zoning Atlas
will indicate the property has been rezoned REDA-CZ-1, but development will only be permitted
consistent with the approved site plan and conditions imposed specifically for the subject parcel.
The basic facts concerning this application are as follows:
Applicant: Darrell Chandler
Rougemont Storage Center LLC
8927 Mile Branch Road
Rougemont, NC 27572
A ent s : Chad Abbott
C3 Design & Engineering
2537 E. Lyon Station Road
Suite 102
Creedmoor, NC 27522
Parcel Information: A. Parcels and Size: PIN 0910-23-7159: An approximately 21.54
acre split zoned property with approximately:
• 7.37 acres zoned AR; and
• 14.17 acres zoned NC Highway 57 Speedway Rural
Economic Development Area (REDA-CZ-1).
If the request is approved, the entire 21.54 acre parcel would be
zoned REDA-CZ-1. A map denoting the vicinity and current
zoning of the Property is contained in Attachment 2.
The portion of the Property within the Little River Protected
Watershed Protection Overlay District is limited to 12%
impervious surface (5,227 sq. ft. per acre) for non-residential
uses. The proposed development activity is contained within the
Little River portion of the Property.
B. Township: Little River.
C. Future Land Use Map (FLUM) Designation: The parcel is
located within the Agricultural Residential designation. Please
refer to the maps contained in Attachment 3 for more information.
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D. Growth Management System Designation: Rural Designated.
E. Existing Conditions/Physical Features: Varying topography
with wooded areas and water features (i.e. ponds and streams).
Portions of the Property have been developed in support of a
self-storage business.
F. Roads:
1. North: Mile Branch Road, which serves as the access
drive for the Property;
2. South: Bacon Road;
3. West: NC Highway 57;
4. East: The eastern property line does not have frontage or
abut on a roadway.
G. Water and Sewer: Development of the property will rely on
individual well and septic systems. The Property is not in an area
served by public water/sewer.
Surrounding Land Uses: North: 80 acre parcel with a go-kart race track zoned AR;
South: Bacon Road and AR zoned property ranging in size
from 1.8 to 18 acres in area. There is a 2 acre parcel
with an existing single-family residence;
West: NC Highway 57, an 8 acre parcel with a single-family
residence split zoned AR and Existing Commercial
(EC-5), the Orange County Speedway on a 118 acre
parcel also zoned AR; and
East: A 7.6 acre parcel with an existing concrete processing
operation zoned AR, Mile Branch Road, and the
Orange/Durham County line.
Conditional Zoning (CZ) Process: This process involves approval of a rezoning petition and a
professionally prepared site plan allowing for the development of a specific land use.
Applications are processed in a legislative manner (i.e., does not require sworn testimony or
evidence) and decisions are based on the BOCC's determination that the project is consistent
with the purpose and intent of the Comprehensive Plan and County regulations. The typical
cadence for review is as follows:
• First Action — Planning staff schedules a Neighborhood Information Meeting (NIM).
Staff Comment — DONE. This meeting was held in an on-line format on
December 17, 2020. No members of the public attended. Please refer to
Attachment 5 for more detail.
• Second Action — The Planning Board reviews the application at a regular meeting and
makes a recommendation to the BOCC.
Staff Comment — DONE. The Board reviewed this request at its January 6, 2021
regular meeting, where they unanimously recommended approval. No members of
the public spoke on the rezoning application.
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• Third Action — The BOCC receives the Planning Board recommendation and makes a
decision at a previously advertised public hearing.
Staff Comment — Scheduled for February 2, 2021 .
If the public hearing is held remotely, there is a 24-hour waiting period required
before a decision can be effective, as per State legislation regarding virtual/remote
meetings. The purpose of the 24-hour waiting period is to allow for submission of
written comments.
Per Section 2.9.2 (F) (3) of the Unified Development Ordinance (UDO), mutually agreed upon
conditions can be imposed as part this process only if they address:
1. The compatibility of the proposed development with surrounding property,
2. Proposed support facilities (i.e. roadways and access points, parking areas and
driveways, pedestrian and vehicular circulation systems, screening and buffer areas,
etc.), and/or
3. All other matters the County may find appropriate or the petitioner may propose.
If approved, the Zoning Atlas will be amended and the zoning designation of the subject 7.37
acre portion of the Property shall be changed to REDA-CZ-1. Development, including permitted
land uses, would be in accordance with the approved development proposal and conditions
imposed as part of the atlas amendment process.
Development of the Property shall be permitted only through the review and approval of site
plan application(s) in accordance within Section 2.5 of the UDO. This is so staff can verify all
imposed conditions are adhered to and allow for final review by members of the Development
Advisory Committee (DAC) as detailed within Section 1.9 of the UDO.
Proposal: The applicant currently operates a self-storage facility on the property called
Rougemont Self-Storage. As previously indicated herein, the self-storage operation is on a
portion of property zoned REDA-CZ-1 while the southern portion of the parcel remains zoned
Agricultural Residential (AR). The applicant is seeking to rezone the entire 21.54 acre parcel to
REDA-CZ-1 to allow for the expansion of the existing self-storage facility, including:
• 3 new storage buildings representing an 11,400 sq. ft. increase in impervious surface
area;
• Development of new internal access road/drive-aisles representing an additional 11,280
sq. ft. of new impervious area;
• Development/installation of a new on-site spray septic system; and
• Preservation of existing foliage, the erection of a new fence, and the planting of additional
landscaping material to screen the project from adjacent properties.
STAFF COMMENT: The property was included in the NC Highway 57 Small Area Plan
study area and a self-storage facility was envisioned as an allowable use for the area.
The small area plan was adopted by the BOCC on August 21, 2007 and can be accessed
using the following link:
https://www.orangecountync.gov/DocumentCenterNiew/4184/NC-57-Speedway-Small-
Area-Plan-NC-57-SASAP-Task-Force-Cu rrently-Inactive-PDF.
Section 5.2 Table of Permitted Uses of the UDO indicates a self-storage facility is a
permitted use of property within the REDA-CZ-1 zoning district.
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The proposed expansion is consistent with the provisions of the UDO, is consistent with
the small area plan study, and is consistent with the County's original approval of the
Conditional Zoning district in 2012.
Access: The existing self-storage facility obtains vehicular ingress/egress from a driveway off of
Mile Branch Road (State Road 1532). Access to the proposed new self-storage facilities will be
through this existing driveway (i.e. no additional external driveway access proposed).
STAFF COMMENT: Staff has received comments from NC Department of
Transportation (NCDOT) staff indicating no concerns over the increase in traffic.
According to the applicant, the additional 11,400 sq. ft. of mini-warehouse/storage unit
space is expected to generate approximately 30 additional daily traffic trips to the site.
Staff has determined the proposed expansion will not impact existing condition(s)
imposed on the project as part of the original 2012 approval. As with all such
projects, the site plan will be reviewed prior to the commencement of development
activity by all County planning partners (i.e. NCDOT, County Fire Marshal, County
Solid Waste, Environmental Health, Building Inspections, Erosion Control/Stormwater,
etc.), presuming the atlas amendment is approved by the BOCC.
Utilities: The project will be served by an on-site well and a spray septic system.
STAFF COMMENT: A condition on the 2012 approval required on-site waste
disposal facilities to be approved by Environmental Health and Building Inspections
prior to the authorization of earth disturbing activities.
Orange County Environmental Health will be involved in the review of the proposed
installation of the new septic system, which is being permitted by the State consistent
with applicable regulations.
Erosion Control/Stormwater Regulations: The applicant has indicated the project will abide by
existing stormwater and erosion control regulations in Sections 6.14 and 6.15 of the UDO
respectively.
STAFF COMMENT: The submitted site plan denotes the location of a new
stormwater control measure (SCM) that will be required for compliance with the
provisions of the UDO. The proposed expansion does not impact any existing
conditions associated with the 2012 approval as it relates to stormwater management.
Solid Waste: The applicant has indicated development within the project shall abide by the
Orange County Solid Waste Management Ordinance.
STAFF COMMENT: Orange County Solid Waste staff has indicated they have no
concerns over the proposed expansion.
Land Use Buffers: The applicant is proposing a 20' Type A land use buffer along NC 57 and
Bacon Road. The applicant is also proposing a 10' land use buffer along the eastern property
line adjoining the Argos Ready Mix cement mixing operation. For greater detail, please refer to
the Landscape Plan (sheet C-1.5) in the Site Plan Under Separate Cover.
STAFF COMMENT: The proposed buffers are consistent with the original Conditional
Zoning District approval from 2012. The applicant will be required to maintain these
buffers consistent with Section 6.8 Landscaping, Buffers & Tree Protection.
Environmental Assessment (EA): Per Section 6.16.2 (A) of the LIDO, the application was
exempt from the Environmental Assessment (EA) requirement because the development area
for the project is less than two acres.
6
Analysis: As required under Section 2.9.2 (E) of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application' and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following:
1. The application is complete in accordance with the requirements of Section 2.9.2 (C) of
the UDO;
2. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
d. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and
rural land uses, and direct new development into areas where necessary
community facilities and services exist through periodic updates to the Land Use
Plan.
3. The proposed development is consistent with existing/anticipated development within the
area and the various land uses associated with the project are compatible with various
goals/policies as detailed herein;
4. The project is consistent with the findings and recommendations contained within the NC
Highway 57 Small Area Plan with respect to development in the area;
5. The proposed land use buffers are consistent with the 2012 approval and will adequately
screen the land use from NC 57, Bacon Road, and the cement mixing operation to the
east.
Neighborhood Information Meeting: A neighborhood information meeting for the project was
held on December 17, 2020 in accordance with Section 2.9.2 (D) of the UDO. The meeting was
held in an on-line format due to current public health concerns. No members of the public
attended the meeting.
Public Notifications: In accordance with Section 2.8.7 of the UDO, notices were mailed via first
class mail to property owners within 1,000 ft. of the subject parcel providing the date/time of the
BOCC public hearing where the proposal is to be reviewed. These notices were mailed on
January 15, 2021, 17 days before the meeting. Staff also posted the subject parcel with a sign
indicating the date/time of the public hearing of the rezoning request on January 15, 2021. For
more information, please refer to Attachment 5.
Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment
at its January 6, 2021 regular meeting. At this meeting the Board voted unanimously to
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recommend approval of the Statement of Consistency (Attachment 8) and the proposed Zoning
Atlas Amendment (Attachment 9).
Excerpts of the minutes from the meeting, as well as the Board's signed Statement of
Consistency, are included in Attachment 7. Agenda materials from the meeting can be viewed
at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Consistency indicating the zoning atlas amendment is reasonable and in
the public interest as contained in Attachment 8.
2. Ordinance amending the Zoning Atlas as well as imposing development conditions for
the identified parcel as contained in Attachment 9.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services. Costs associated with advertising,
including the public hearing notice and mailings, were paid by the applicant in accordance with
the adopted Orange County Fee Schedule.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item notwithstanding the Project will adhere to existing adopted
local, State, and Federal environmental regulations.
RECOMMENDATION: The Manager recommends the Board:
1. Receive the request;
2. Conduct the public hearing and accept comment;
3. Provide direction to staff and the applicant on any additional conditions consistent with
Section 2.9.2 (F) (3) of the UDO;
4. Close the public hearing
5. Authorize the acceptance of written comment(s) via e-mail to the Board at
ocbocc@orangecountync.gov or by delivery to the Planning Department's office at 131
West Margaret Lane, 2nd floor, Hillsborough, North Carolina 27278, until 9:00 a.m. on
Thursday February 4, 2021;
6. Consider action to approve the:
a. Statement of Consistency (Attachment 8), and
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b. Zoning Atlas Amendment (Attachment 9)
as recommended by the Planning Board and Planning Director.
If written comments to the rezoning request are received before the deadline stated in #5,
this item will be brought back to the BOCC on February 16, 2021 for further
consideration. If no written comments are received, the decision of the BOCC shall
become effective at 9:01 a.m. on Thursday, February 4, 2021.
Orange County Planning and Inspections Department
17 52
APPLICATION FOR
ZONING ATLAS AMENDMENT
Caca`` CONDITIONAL ZONING REQUEST
APPLICANT INFORMATION:
Date: 10/01/2020
Applicant:Darrell W Chandler e r Phone: 919-698-9748
Address: 9925 NC Hwy 57 r vS+n PSS Cell Phone: 3 3�, 3 G 70 7D
Rougemont,NC 27572 E-mail:darreliwchandler@gmail.com
PROPERTY SUBJECT TO REQUEST:
Parcel identification Number(PIN): 0910237159
Address of property: NC 57&Bacon Rd, Rougemont,NC 27572 Owner of property: Darrell W Chandler
Current Zoning Designation: AR
Requested Zoning Designation: REDA-CZ-1
** If Applicant/Owner are different people, include a signed, notarized, statement indicating that the owner has
authorized 'the ^aYpilcalu w Juluwia IL-he rcyuc3a. In CuscS ii'ijcrc uacjc are �uuu��sac }►rvNcr�.y owners, please aataw►
an additional document containing their signatures authorizing the submission of the application or other legal
uucwueuiaduil esiabiisiw►g die appiicatiis righi iu Buie oil ilieir behalf.
SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (UDO)
l) A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning
Department for a fee in accordance with the adopted Orange County Fee Schedule
2) A legal description of the property(s)proposed for rezoning
3) A list showing the names and addresses of all adjacent property owners within 500 feet of the subject property. I
4) A detailed narrative denoting the following: I
A. I IL U LG e11G� lC1aLG 7vll« 11 liy .0 Jill 1 vy ajje proposed
1v�V Jeu_e qucSL.l ) lul lucorrected
b. The changed,or changing,conditions(if any)that makes the proposed amendment reasonable necessary to
Ipromote the public health, safety,and general welfare. I
c. How the proposed amendment is consistent with, or carries out the intent and purpose oi;the Orange County
Comprehensive Plan, I
IIn addition to these general requirements, Section 2.9.2 of the UDO requires all Conditional Zoning to submit the
Ifuiluwing additiunai 111furnlaholl:
11 A site nlan nrenared in accordance with the nrovisions of Section 2.5 of the T 1T)n inchldino the following information-
a. A detailed description of the proposed use of property including an outline of the proposed operational
characteristics of the proposed development. y I
u. A d�talicd iidfuG S--JGy, - gardless of t1ie cstin-'Led number of iippS Pcr day,P1repared in accordance wiih ail
applicable North Carolina Department of Transportation requirements or standards as well as Section 6.17 of the I
UDO.
c, The annrnnrlslta en6ronmental document 1nrenared in ar(-nrrlanCe anti, gpetinn A.I h of the T TW) I
10
d. A landscape plan showing the location of on-site significant trees;proposed screening, buffers, and landscaping;
Iand any proposed treatment of any existing natural feature
e. A summary of u6iAy services I
I f_ A_ srhP. uh-,, for Constnirtinn/dev lonment of the nronerty_
Ig. Other required information identified by staff as part of the pre-application conference, and
2) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application.
I
I ** NOTE: Please see attached documentation for submittal and process information associated with a
Conditional 'Zoning request ** I
I (we), the undersigned, have been made aware of the process for the review and action associated with a
nn��itinnal T leP 51n liratinn and understand on!y comt»,lete appliratinns, rnntaininv all information renuirl-d
by the Orange County UDO shall be reviewed and acted upon by the County.
Further I (we) understand that any assistance I (we) may receive from County staff in preparing this
application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does
it guarantee an approval of the proposed atlas amendment by the County.
Applicant
Date:
AppEcant
11
2537 E.LYON STAT/ON RD,STE 102
CSOESIGN & PO BOX361
ENGINEERING, RLLC CREEDMOOR,NC27522
CLIENT-FOCUSED• COMPREHENSIVE• COST-EFFECTIVE 919-230-0996
PROJECT NARRATIVE - ROUGEMONT SELF STORAGE PHASE 3
8927 Mile Branch Rd, Rougemont NC 27572
REV 3-13-2020
REV 10-23-2020
On behalf of Darrell W. Chandler, the owner of Rougemont Storage, we hereby request
the rezoning of the parcel previously known as PIN 0910226989 (+/-8.74 acres) to REDA-
CZ. The property has previously been recombined with the existing Rougemont Self
Storage Facility at the address listed above. Therefore, the property is currently split
zoned and would respectfully request the granting of the zoning map amendment to
make the property in its entirety the same zoning district.
Furthermore, as part of the Conditional Zoning requirement for this property, we are
submitting and requesting approval to expand the current Self Storage facility onto this
property as shown on the corresponding plans. The development of this property will be
consistent with the existing Self Storage Development with respect to the type and
quality of construction, and end product. This property will be served by a conventional
well located on the existing property/development and will also provide for a
conventional septic spray field on the subject property(expansion area) that will serve
both properties from a sewage standpoint. The existing well is used for a single
bathroom in the office of the existing facility and is expected to require no more than
100 GPD. Being an extension of the existing development, it is proposed that all traffic
enter/exit through the existing gated access off Mile Branch Road. Using the ITE Trip
Generation, its expected that +/-30 trips per day would result from the proposed 11,400
sf of mini-warehouse (storage unit) space. NCDOT has reviewed our proposal and
concurs that the existing driveway is sufficient from a traffic standpoint and no
additional information or studies are required. All proposed buildings and drives will be
secured by a new fence that will tie to the existing fence and surround the proposed
improvements. Stormwater will be captured and flow along the existing drainage
patterns to a new Stormwater Control Measure (SCM) and will be treated per current
falls lake standards. Preliminary calculations are on the Grading and Drainage Plan.
It should be noted that the development on the subject property is quite limited due to
a mis-mapping of the Little River ad Flat River Watersheds which restricts the
development to 12% on the respective portions of the property. Ground topography
does not support the current mapping of this line and until fixed, the property's
J:\DD-PROJECTS\2018\18-079\CIVIL-18-079\Design\Planning\2020-10-27 Project Narrative REV.docx
1
12
2537 E.L YON STATION RD,STE 102
CSOESIGN & PO BOX361
ENGINEERING, PLLC CREEDMOOR,NC27522
CLIENT-FOCUSED• COMPREHENSIVE• COST-EFFECTIVE 919-230-0996
development is limited. The anticipated overall proposed disturbance is less than 40,000
sf, and therefore the EA/EIS are not applicable to this site.
The previous development was required to comply with several conditions at the time
of approval, all which have been adhered to and are listed on the plans. It is understood
and acceptable to the applicant that the current proposal also adhere to these same
standards as applicable.
J:\DD-PROJECTS\2018\18-079\CIVIL-18-079\Design\Planning\2020-10-27 Project Narrative REV.docx
2
13
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NORTH CAROLINA `OCX 384 WE 39t
COMMISSIONER'S DEED
ORANGE COUNTY
THIS DEED, made and entered into this the � day of March,
1982, by and between EVERETT KENNEDY, CLAYTON HAITHCOCK and
LUCIUS M. CHESHIRE, JR., acting as Commissioners as hereinafter stated,
Parties of the First Part; and NELLIE C. NICHOLS and husband, LACY
27704
k
NICHOLS, of 3811 Duke Homestead Road, Durham, North Carolina, Parties of
the Second Part;
WIT NESSETH:
i THAT WHEREAS, in a certain special proceeding entitled "Julia C.
i
Mangum, et al, Petitioners, vs. Ila C. Woodlief, et al, Respondents" brought
1
11 and pending before the Clerk of Superior Court of Orange County, North
Carolina, an order was made by said court appointing said Parties of the
First Part as Commissioners to divide the lands described in the Petition in
this matter;
AND WHEREAS, the Court has approved a settlement of this matter
by that Consent Judgment dated the 13th day of February, 1982 signed by all
1
parties hereto;
AND WHEREAS, by said Consent Judgment, the Parties of the First
Part as Commissioners were authorized and directed to make, execute and
deliver to said Parties of the Second Part a good and sufficient deed for
that portion of the subject lands allocated to the Parties of the Second Part
by said Consent Judgment;
NOW, THEREFORE, said Parties of the First Part, acting as
i
k
Commissioners as aforesaid, under authority of said order of Court do hereby
convey unto said Parties of the Second Part and their heirs, successors and
assigns, the following described tract of land:
i
Being that tract of land lying and being in Little River Township, Orange
County, North Carolina, and more particularly described as follows: BEING
Tract No. 2 containing 8.74 acres as shown on plat and survey of
Commissioner's Report, subdivision of Tract A of May Anna Clayton Estate,
by Alois Callemyn, Registered Land Surveyor, dated January 29, 1981,
� L recorded at Plat Book 33, page 72, Orange County Registry.
i
C0dMAN, ERNHOLZ.
DICKEILSC N,BsRrIHOLZ.] TO HAVE AND TO HOLD said lands and premises together with all
GLMHML
I
ATTORNEYSAT�LAW privileges and :appurtenances thereunto belonging to them the said Parties of
CHAPEL HILL. N.C.
HILLSBOROL'GH, N.C.
E
7/s ?a_ ^&
1
I
i
15
1
ou 384 PAGE 2
the Second Part and their heirs, successors and assigns in as fall and ample
a manner as said Parties of the First Part as Commissioners as aforesaid are
authorized and empowered to convey the same.
IN TESTIMONY WHEREOF, said Parties of the First Part, acting as
Commissioners as aforesaid, have hereunto set their hands and seals, this the
day and year first above written.
(SEAL)
EVERETT KENN DY, Co X
�-- SEAL)
CLA7 HAITMOCK , Comr
`%IJ
/ '. {SEAL}
LUCIUS M. CH RE, JR. Comr.
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of said State and
County do hereby certify atEVERETT KENNEDY, Party of the First Part,
personally appeared before me this day and acknowledged the due execution of
the foregoing Commissioner's Deed. as Commissioner.
WITNESS my hand and notarial seal, this the .�t'L1 day of
1982.
Notary blic
My commission expir
o
NORTH CAROLINA
ORANGE COUNTY
1, a�ae ! kr_rUevr� a Notary Public of said State and
County do hereby certify that LEA ' ' N HAITHCOCK, Party of the First
Part, personally appeared before me this day and acknowledged the due
execution of the foregoing Commissioner's Deed. as Commissioner
WITNESS my hand and notarial seal, this the of
1982. � day
COLE'.,AN, BERNHOLZ,
1
DICKERSON,BERNHOLZ. II
GLWHtLL
5t HARGRAVE Lary Public
i
ATTORNEYS AT LAW
CHAPEL HILL, N.C. lj
HILLSBOROUGH, N.C. 0.
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My commission expires: a13CY `.184 PACE 393
%NORTH CAROLINA
ORANGE COUNTY
E
1, � Pr- , a Notary Public of said State and
County do hereby c rtify t�#tLUCI S M. CHESHIRE, JR., Party of the First
Part, personally appeared before me this day and acknowledged the due
execution of the foregoing Commissioner's Deed. as Commissioner
WITNESS my hand and notarial seal, this the day of
1982.
1
' y Publi
My commission expires:
NORTH CAROLINA — ORANGE COUNTY
The foregoing certificates) of Donna Marie Snyder (Lloyd)
A Notary �WVVQV" Public of the designated Governmental unitsXX (are) certified to be correct. Filed for registra-
tion March 82 9: 1j AM
Lion this the day of , 19 , at o'clock ,
in Record l3 ok 384 Page 391 Betty June Hayes, gister of eds
Return: By:
Assistant/D,epanr
Register of Deeds
I
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COLEMAN, BERNHOLZ.
DICKBR.SON.BsRNHOLZ.
GLEDHILL
&HARGRAVE i
ATTORNEYS AT LAW
CHAPEL HILL. N.C.
HILLSBOROUGH. N.C.
i
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17
Property Owners within 500' of Subject Property:
1.)
Name: Rougemont Storage Center LLC (Property none combined with proposed
property)
Address: 8927 Mile Branch Rd, Rougemont, NC 27572
2.)
Name: We 3 Investments LLC
Address: 9900 NC 57, Rougemont, NC 27572
3.)
Name: Michael R Ammons
Address: 9806 NC 57, Rougemont, NC 27572
4.)
Name: Kenneth F & Nancy W Wallace
Address: 9761 NC 57, Rougemont, NC 27572
5.)
Name: Leonard H Mangum
Address: N/A (PIN: 0910223106)
6.)
Name: Michael N & Lucinda I Davis
Address: N/A (PIN: 0910228451)
7.)
Name: Hanson Aggregates Southeast Inc
Address: N/A (PIN: 0910321178)
8.)
Name: Argos Ready Mix LLC
Address: 9017 Mile Branch Rd, Rougemont, NC 27572
9.)
Name: Darrell Ray Harris
Address: N/A (PIN:0910328408)
10.)
Name: Orange County Speedway Real Estate LLC
Address: 9740 NC 57, Rougemont, NC 27572
11.)
Name: Darrell W Chandler
Address: 9925 NC 57, Rougemont, NC 27572
18
ROY COOPER
Govemor
MICHAEL S.REGAN f.
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
November 18,2019
DARRELL W.CHANDLER—GENERAL MANAGER
ROUGEMONT STORAGE CENTER,L.L.C.
8927 MILE BRANCH ROAD
ROUGEMONT,NORTH CAROLINA 27572
Subject: Permit No. WQ0041050
Rougemont Storage Center WWTF
Wastewater Irrigation System
Orange County
Dear Mr. Chandler:
In accordance with your permit application request received July 25, 2019, and subsequent
additional information received October 23, 2019, we are forwarding herewith Permit No. WQ0041050
dated November 18, 2019,to Rougemont Storage Center,.L.L.C. for the construction and operation of the
subject wastewater treatment and irrigation facilities.
This permit shall be effective from the date of issuance through January 31, 2026, and shall be
subject to the conditions and limitations therein. The Permittee shall submit a renewal application no
later than August 4,2025.
Please pay attention to the monitoring requirements listed Attachments A and B. Failure to
establish an adequate system for collecting and maintaining the required operational information shall result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition,conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center,Raleigh,NC 27699-6714. Otherwise,this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this permit, please contact Ranveer Katyal at (919) 707-3661 or
ranveer.katyal(a)ncdenr.€!ov.
Sincerely,
w
da Culpepper,Director
Division of Water Resources
cc: Orange County Health Department(Electronic Copy)
Raleigh Regional Office,Water Quality Regional Operations Section(Electronic Copy)
North Carolina Department of Environmental Quality I Division of Water Resources
5,E Q� 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROU
a 919.707.9000
19
Mr.Darrell W.Chandler
November 18,2019
Page 2 of 2
Kevin D. Davidson,PE—Agri-Waste Technology,Inc.(Electronic Copy)
Beth Buffington—Protection and Enforcement Branch(Electronic Copy)
Laserfiche File(Electronic Copy)
Digital Permit Archive(Electronic Copy)
Central Files
20
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as
amended, and other applicable Laws,Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Rougemont Storage Center, L.L.C.
Orange County
FOR THE
construction and operation of a 100 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a 1,500 gallon septic/re-circulation tank with an effluent filter and a 25 gallon per minute (GPM) re-
circulation pump; an AdvanTex AX-20 treatment unit; a 3,000 gallon pump tank with an 11.2 GPM field-
dosing pump and audio/visual high-water alarms;an ultraviolet(ITV)disinfection unit;a rain sensor;a 0.20
acre spray irrigation area with three spray heads; and all associated piping, valves, controls, and
appurtenances
to serve the Rougemont Storage Center WWTF,with no discharge of wastes to surface waters,pursuant to
the application received July 25, 2019, subsequent additional information received October 23, 2019, and
in conformity with the Division-approved plans and specifications considered a part of this permit.
Please note that the Alternative Design Criteria has been approved for this facility pursuant to 15A NCAC
02T .0105(n). The following administrative code has been approved for the alternative design criteria:
➢ 15A NCAC 02T.0505(k)—Multiple pumps should be provided wherever pumps are used.
The system tank has more than 24 hours of emergency storage, and in the event of a pump failure an
alternative pump can be delivered and installed within 24 hours,thus exempting the need for multiple
pumps.
This permit shall be effective from the date of issuance through January 31, 2026, and shall be subject to
the following conditions and limitations:
WQ0041050 Version 1.0 Shell Version 181105 Page 1 of 11
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I. SCHEDULES
1. Upon completion of construction and prior to operation of this permitted facility, the Permittee shall
submit an engineering certification from a North Carolina licensed Professional Engineer certifying
that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative
Code Title 15A Subchapter 02T,this permit, and the Division-approved plans and specifications. For
phased and partially certified facilities, the Permittee shall retain the responsibility to track further
construction a roved under thispermit-and shall provide a final engineering certification upon progect
completion. Mail the Engineering Certification to the Division of Water Resources, Non-Discharge
Branch, 1617 Mail Service Center,Raleigh,NC 27699-1617, or Non-Discharge.Reports iiwncdenr.gov.
[15A NCAC 02T .0116(a)]
2. The Permittee shall notify the Raleigh Regional Office,telephone number(919)791-4200,at least two
business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
3. Prior to operation of the newly installed facilities, a Final Operation and Maintenance Plan shall be
submitted for review. The plan shall be sent to the Division of Water Resources, Non-Discharge
Branch, 1617 Mail Service Center, Raleigh,NC 27699-1617 or Non-Disc harge.Reports(@ncdenr. ov.
[15A NCAC 02T.0108(b)(1)(B), 02T.0507(a)]
4. Upon completion of construction and prior to irrigation, a soil evaluation shall be completed for all
areas where fill material is placed within the permitted irrigation areas. The report shall certify that
areas utilizing fill material are capable of accepting the designed loading rate. This report shall
specifically address,but not be limited to,soil features such as soil compaction and saturated hydraulic
conductivity of the least permeable layer, soil fertility report and any amendments added, verification
of fill suitability and depth of fill material(and to the seasonal high water table)across the field,as well
as any other properties that might impact the soil's ability to accept irrigation water. The soil scientist
evaluation shall be mailed to the Division of Water Resources, Non-Discharge Branch, 1617 Mail
Service Center,Raleigh,NC 27699-1617 or Non-Discharge.Reportsancdenr.gov. Irrigation shall not
occur until the Raleigh Regional Office approves the soils evaluation. [15A NCAC 02T
.0108(b)(1)(A)]
5. The Permittee shall request renewal of this permit on Division-approved forms no later than August 4,
2025. [15A NCAC 02T .0105(b), 02T .0109]
H. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non-discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T.0505(b)]
4. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)]
5. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02T.0505(x)]
WQ0041050 Version 1.0 Shell Version 181105 Page 2 of 11
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6. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division-approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [15A NCAC 02L.0106(d)(2),02L.0107(b),02T.0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary(i.e.,parcel subdivision). [15A NCAC
02L .0107(c)]
8. No wells, excluding Division-approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the Orange
County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary;and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
WQ0041050 Version 1.0 Shell Version 181105 Page 3 of 11
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10. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted November 18,2019. The setbacks for spray irrigation
sites originally permitted or modified on or after September 1,2018 are as follows(all distances in
feet):
i. Each habitable residence or place of assembly under separate ownership: 4001
ii. Each habitable residence or place of assembly owned by the Permittee: 2001
iii. Each private or public water supply source: 100
iv. Surface waters: 100
v. Groundwater lowering ditches: 100
vi. Surface water diversions: 25
vii. Each well with exception of monitoring wells: 100
viii.Each property line: 150 3
ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15
x. Each water line: 10
xi. Subsurface groundwater lowering drainage systems: 100
xii. Public right of way: 50
xiii.Nitrification field: 20
xiv.Each building foundation or basement: 15
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Per a setback waiver recorded in the Orange County Register of Deeds,reduced setbacks from
the wetted area to any habitable residence or place of assembly owned by the Permittee are as
follows:
Parcel No. Deed Book/Page Setback Easement
0910333879 6630/ 1373 100 feet 100 feet
3 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing,owns both parcels separated by the property line.
[15A NCAC 02T.0506(a), 02T .0506(d), 02T .0506(e), 02T.0506(f)]
WQ0041050 Version 1.0 Shell Version 181105 Page 4 of 11
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b. The storage and treatment units were originally permitted November 18, 2019. The setbacks for
storage and treatment units originally permitted or modified on or after September 1, 2018 are as
follows(all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2,3
1 Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
3 Per a setback waiver recorded in the Orange County Register of Deeds,reduced setbacks from
the storage and treatment units to any property line are as follows:
Parcel No. Deed Book/Page Setback Easement
0910322905 6612/ 1824 25 feet 25 feet
[15A NCAC 02T .0506(b), 02T .0506(d), 02T.0506(e), 02T.0506(f)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non-discharge system. [15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non-discharge facilities,the Permittee shall designate and employ a certified
operator in responsible charge(ORC),and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T.0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T.0507(d)]
8. Only treated effluent from the Rougemont Storage Center WWTF shall be irrigated on the sites listed
in Attachment B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0507(e)]
WQ0041050 Version 1.0 Shell Version 181105 Page 5 of 11
25
10. The Permittee shall prohibit public access to the wastewater treatment,storage,and irrigation facilities.
[15A NCAC 02T.0505(q)]
11. The Permittee shall dispose or utilize generated residuals in a Division-approved manner. [15A NCAC
02T .0508, 02T .1100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments(i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees,shrubs,and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T.0507(g)]
14. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T.0507(d)]
IV. MONITORING AND REPORTING REOUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division-certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H.0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records shall
include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly,monthly, and year-to-date hydraulic(inches/acre)loadings;
f. Continuous monthly and year-to-date loadings for any non-hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
WQ0041050 Version 1.0 Shell Version 181105 Page 6 of 11
26
6. Three copies of all monitoring data(as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. on
Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
[15A NCAC 02T.0105(1)]
7. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non-Discharge permit number authorizing the residuals disposal,or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
8. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance(e.g.,changing of equipment,adjustments,testing,inspections
and cleanings, etc.).
[15A NCAC 02T.0507(h)]
9. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for five
years,and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
Acidity Exchangeable Sodium Percentage Phosphorus
Base Saturation(by calculation) Magnesium Potassium
Calcium Manganese Sodium
Cation Exchange Capacity Percent Humic Matter Zinc
Copper pH
[15A NCAC 02T .0I08(c)]
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27
10. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within
24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Raleigh Regional Office within five days
of first knowledge of the occurrence,and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T
.0507(h), 02T .0507(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property,premises,or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0041050 Version 1.0 Shell Version 181105 Page 8 of 11
28
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division-approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit,there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies(e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division-approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor-owner. [G.S. 143-
215.1(d3)]
6. The Permittee shall retain a set of Division-approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit;or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
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29
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent,subsidiary,or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty,and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent,subsidiary,or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 18'day of November 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
0 .1�
nda Culpepper,Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0041050
WQ0041050 Version 1.0 Shell Version 181105 Page 10 of 11
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Permit No. WQ0041050 Wastewater Irrigation System
Rougemont Storage Center, L.L.C. November 18,2019
Rougemont Storage Center WWTF Orange County
ENGINEERING CERTIFICATION
❑ Partial ❑Final
as a duly licensed North Carolina Professional
Engineer,having❑periodically/❑ fully observed the construction of the permitted facilities,do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and
specifications.
Documentation of any variation to this permit,and the Division-approved plans and specifications,is in the
attached as-built drawings.
Description of variations:
Professional Engineer's Name
Firm Name Firm No.
Address
City State Zip Code
Telephone Email Seal, Signature,and Date
THE COMPLETED ENGINEERING CERTIFICATION,INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON-DISCHARGE BRANCH
By U.S. Postal Service By Courier/Special Deliver,
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604
WQ0041050 Version 1.0 Shell Version 181105 Page 11 of 11
31
THIS PAGE BLANK
32
ATTACHMENT A—LIMITATIONS AND MONITORING REQUIREMENTS Permit Number:WQ0041050 Version: 1.0
PPI 001—WWTF effluent
EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS
PCs Parameter Description Units of Monthly Monthly Daily Minimum Daily Maximum Measurement Sample
Code Measure Average Geometric Mean Frequency Type
00310 BOD,5-Day(20°C) mg/L 30 Annual Grab
31616 Coliform,Fecal MF,M-FC Broth,44.5°C #/100 mL 200 Annual' Grab
50050 Flow,in Conduit or thru Treatment Plant GPD 100 Monthly Estimate
00610 Nitrogen,Ammonia Total(as N) mg/L 15 Annual' Grab
00625 Nitrogen,Kjeldahl,Total(as N) mg/L Annual' Grab
00620 Nitrogen,Nitrate Total(as N) mg/L Annual' Grab
00600 Nitrogen,Total(as N) mg/L Annual' Grab
00400 pH su 2 x Year 2 Grab
00665 Phosphorus,Total(as P) mg/L Annual' Grab
00530 Solids,Total Suspended mg/L 30 Annual' Grab
1. Annual sampling shall be conducted in June.
2. 2 x Year sampling shall be conducted in June and December.
WQ0041050 Version 1.0 Attachment A Page 1 of 1
33
THIS PAGE BLANK
34
ATTACHMENT B—APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0041050 Version: 1.0
Rougemont Storage Center,L.L.C.—Rougemont Storage Center WWTF
IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS
Field Owner CountyLongitude Latitude Lon Net Dominant Hourly Yearly
g Acreage Soil Series Parameter Rate Max Units
1 Rougemont Storage Center,L.L.0 Orange 36.230919° -78.957123' 0.20 ApB 01284—Non-Discharge Application Rate 0.15 6.56 inches
Totals 0.20
WQ0041050 Version 1.0 Attachment B Page 1 of 1
• 1 • • • • • Legend
Proposed spray area
i�
V Proposed Treatment
f�" R mont starage Storage
I r
setback
Setback Waiver
reatrn'e*t syste Y,*
r i -
r
Waiver recorded not registered with county
Ak
GooUrr-7marth N
' f._ 400 ft
36
Molly Boyle
From: Darrell Chandler <darrellwchandler@gmail.com>
Sent: Wednesday,January 08, 2020 4:32 PM
To: Chad Abbott
Subject: Fwd:WQ0041050
Here is the map I requested today from the DWQ. It shows that the 200' setback has been waived down to a
100' setback. Disregard the not recorded with the county, it has been recorded
Work#336-364-7070
Owner's Darrell's Cell#919-698-9748
---------- Forwarded message ---------
From: Katyal, Ranveer<Ranveer.Katyal @ ncdenr.gov>
Date: Wed, Jan 8, 2020 at 2:31 PM
Subject: WQ0041050
To: Darrell Chandler<darrellwchandler@ gmail.com>
Good afternoon Mr. Chandler,
This is a follow up to our discussion. I have attached the map and as per the setback waiver recorded, reduced
setbacks from the wetted area to any habitable residence or place of assembly owned by the Permittee are as
Parcel No. Deed Book l Page Setback
0910333879 6630 / 1373 100 feet
1
The spray head has a diameter of- 33 feet radius as per the submitted designs hence 133 feet from the spray
head.
i
j
r
}
f r
l�
lk
f Waiver recorded mat registered with
now
NNW
won w w
w
38
Sincerely,
Ranveer Katyal
Environmental Engineer
Non-Discharge Branch
Department of Environmental Quality
919 707 3661 office
ranveer.katyal@ncdenr.gov
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
3
39
Molly Boyle
From: Patrick R. Mallett
Sent: Friday, December 18, 2020 4:45 PM
To: Molly Boyle
Subject: FW: [External] 18-079 Rougemont Self Storage
From: Edwards, Charles N [mailto:cnedwards@ncdot.gov]
Sent: Tuesday, October 13, 2020 2:21 PM
To: Chad Abbott; Jones, DeAngelo J
Cc: Allison Averette; Patrick R. Mallett
Subject: RE: [External] 18-079 Rougemont Self Storage
Based on our previous discussions,the proposed site expansion will not result in additional traffic impacts that would
require mitigation. No NCDOT action or approval is required. If you need further,feel free to coordinate directly with
DeAngelo Jones as the primary point of contact for this project.
C. N. Edwards Jr., PE (Chuck)
District Engineer
North Carolina Department of Transportation
Division of Highways
Division 7, District 1
336 570 6833
cnedwards(o)-ncdot.gov
115 East Crescent Square Drive
P. O. Box 766
Graham, NC 27253
AJ
From: Chad Abbott<chad@c3designeng.com>
Sent:Tuesday, October 13, 2020 12:47 PM
To: Edwards, Charles N <cnedwards@ncdot.gov>;Jones, DeAngelo J <djjonesl@ncdot.gov>
Cc:Allison Averette<allison@c3designeng.com>; Patrick R. Mallett (pmallett@orangecountync.gov)
<pmallett@orangecountync.gov>
Subject: [External] 18-079 Rougemont Self Storage
a"mail. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Good Afternoon Gentlemen,
I hope you are doing well. I think you may have already talked with Pat regarding this, but we are expanding the current
self-storage facility to add+/-11,400 sf of new storage units.This is only a small percentage increase and I had run some
1
40
trip generation numbers for it a while back and they are listed in the attached narrative.The county ordinance ask for a
"traffic study"for such conditional zoning districts. I don't think that this increase would breech any thresholds of TIAs
with you folks, and there for a "study"would be moot.So, if this is the case (as I think Pat has indicated from preliminary
discussions with you) can you provide a memo or response letter stating for the record and use during our rezoning that
the existing driveway has proven suitable and that the additional trips will not warrant additional improvements to the
NCDOT street network?
We would need to call this memo "RE:Traffic Study for Rougemont Self Storage". Let me know if you have any
questions, comments, or what I could do to help.
Regards,
Chad E.Abbott, PE
Principal Engineer
[DESIGN
F=NGlNEEf NS. PLLZ
2537 E. Lyon Station Rd.—Ste 102 (Physical)
P.O. Box 361 (Mailing)
Creedmoor, NC 27522
919.230.0996 x101 (Office)
919.625.7368 (Mobile)
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
2
41
DRAWING INDEX ROUGEMONT SELF STORAGE VICINITY MAP----
a
COVERSHEET (:-,
EXISTING CONDITIONS&DEMO PLAN C-1.1
PH III
OVERALL SITE PLAN C-1.2 N
SITE PLAN C-1.3 �'�,, 1-� 4y
STORM DRAIN AGE PLAN C_I.4 NC HWY 57 & BACON RD ¢ �zo
LANDSCAPE PLAN -'5 ROUGEMONT, NC 27572o
CASE NUMBER: MA20-0001
k
PROJECT CONTACTS �
CONDITION APPLIED BY PREVIOUS APPROVAL: �} FNO1 i• >oszo-za�wacas� $ fig.
xszmz @
accovnaxczw�,xaauuusoxaxcsmuxn rensoe NOT FORp
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CONSTRUCTION
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CONSTRUCTION SEQUENCE:
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MA20-0001
DISTURBED AREA:±50,000 SF p.iSAQ Keowwhsfsbelow. o x
CBII before you dig.
43
VICINITY MAP
F
Y� L mg a
SITE INFORMATION
Z
On
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\OT FOR
ao<aao zsa.v«nnc,.am,mm / .,�„ .• �y' •'`'.
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mxrnunmxoxaw,
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LEGEND&NOMENCLATURE
{ y
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<>e
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C-1.2
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44
SITE NOTES:
A�
0
———— ————— —————————-----
-
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/ /
LD
Totrl:ffP —A,1,0—NZIEZ=Al I s I I.11 El I Z I_—
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STANDARDS OF EVALUATION:
CONSTRUCTION
C-,
—5-C—AU86—r—Y-15
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—N ————————
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0001
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V
(60'PUBLIC ROW-SR 1531) C-1.3
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45
GRADING AND STORM DRAINAGE NOTES
wn
rz-
- — ----- 99
�/ �/ IN R \ \ \ \ °° °\
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IT FORA
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—7_Z- CONSTRUCTION
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(60'PUBLIC ROW-SR 1531)
RAVHICSU(F
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—PROJE-
40 f, MA20-0001
Know wears below.
Call before you dig. Efir
C-1.4
46
/N `"ICI
PERMANENT SEEDING IN NORTH CAROLINA(TABLE 6.11L) TEMPORARY SEEDING IN NORTH CAROLINA 1 / IV ) \ \ O
Z
N� $ ��
NOT
T FOR
MULCH
SEEDINGHED °�°waa°w.zrsar rnuscna,mrwarm+,°°.. mvnrxa.ossse, nrnvsranrwrruxeeuse°asa "IHslUCT
CONSTRUCTION
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P�SEEDBED PREPARATION
°"E °"E-
I N—
SHRUB PLANTING DETAIL
\ N RO
T-EP—TING—DS UNE ®ac.a Man OW- O
PROPOSED BUFFERS(AS SHOWN):
Ura ...aoa".," ,°,.a."°w°°x « .nmmmrv,r� ate.°maaEE.a.°ce,. • az c,
E ;o�irtiJ'r^:{ nsua.ntE vevn xwnrwx rvx.
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88
Y Nores .°°` ,uxaucc n°.rusauwxs sx°wnes°x,vr°nsxanrv° vcs nv"m„vr GUY SWING DETAIL
rsa TYP.PROPOSED 20 BUFFER PLANTING PLAN p G
n. „a ao FOR NC HWY 57&BACON ROAD
F " «u.,°m"r.m°.w., k aavwesuee >eagEcrn:
Al
,:�.. r L �18�079
-ail -M..0
g .ar�.aarora �rNrE�l EErn.noiEcrn:
TREE PLANTING AND STAYING DETAIL onm. va,. msc TYP.PROPOSED 10'BUFFER PLANTING PLAN FOR STAKING DIAGRAM TREE GUYING DIAGRAM GUY SPACING DETAIL E TERN RE I EN I L ZONE OUN RY
REDA-CZ-1 (Rougernont Storage) Vicinity and Zoning Map
EC5
i
i
/
i
i
Flat River
Protected
Watershed
1
�'♦ AR
ED . -CZ-
i
i
i
i
tic
0
EC5
BACON RD
i Little River
/ Protected
Watershed
1
I
I
PIN#:0910237159
ROUGEMONT STORAGE CENTER LLC i Data shown on this map is obtained from Orange County
GIs and is for reference only.
Exact locations and boundaries should be verified.
8927 MIKE BRANCH RD Map prepared by Orange County Planning&Inspections.
Rougemont, NC 27572 12/20/2020-mboyle
F-1 AR --Soils Survey Stream Streets N
M EC5 OC Updated Stream Zoning
77 REDA-CZ-1 EO NWI Wetlands Water Body 1 inch=300feet
USGS Stream 0 Parcels Watershed 0 75 150
Feet
s
w
y� 7
�
49
Rougemont Storage - Future Land Use Map 2
. i
i
i
i
i
i
i
i
i
i
i
i
i
i
Fe i
�Ay
tic i
i
i
i
ON RD
I
I
I
1
I
1
1
I
1
I
I
PIN#:0910237159
ROUGEMONT STORAGE CENTER LLC Data shown on this map is obtained from Orange County
G I S and is for reference only.
Exact locations and boundaries should be verified.
8927 MIKE BRANCH RD Map prepared by Orange County Planning&Inspections.
Rougemont, NC 27572 12/21/2020-mboyle
— County Boundary OC Updated Stream 0 Water Body
Agricultural Residential NWI Wetlands
—USGS Stream p Parcels 1 inch=400 feet
—•Soils Survey Stream Streets 0 100 200
Feet
50
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
dh
MEMORANDUM
TO: Michael Harvey, Planner III, Current Planning Supervisor
COPY TO: File
FROM: Patrick Mallett, Erosion Control and Stormwater Supervisor
DATE: 21 DEC2020
PROJECT: Rougemont Self Storage Phase III (Case #: MA20-0001)
SUBJECT: Erosion Control and Stormwater Review of REDA-CZ-1 Application
Staff has reviewed the submitted application materials for Phase III of the Rougemont Self
Storage Facility and further referenced below.
Zoning:
Current Zoning: Agricultural Residential (AR) and NC Highway 57 Speedway Area Rural
Economic Development Area Conditional Zoning (REDA-CZ-1)
Proposed Zoning: NC Highway 57 Speedway Area Rural Economic Development Area
Conditional Zoning (REDA-CZ-1)
Site Information:
Property ID Number (PIN)- 0910-23-7159
Property Size: 19.55 acres (7.37 acres in Phase III area)
Location: NC Highway 57, Bacon Road, Mile Branch Road
Watersheds: Little River Protected / Flat River Protected
Major Plan Elements:
• Access via existing Rougemont Storage Facility (Phases All ) using existing entrance;
• Proposing 3 new in-door storage buildings totaling 11,400 sq. ft. (2 building @ 3,600
sq. ft. each and 1 building @) 4,200 sq. ft.);
• 50,000 sq. ft. of anticipated new land disturbance; and
• 22,680 sq. ft. of additional impervious area.
As currently proposed, Erosion Control And Stormwater has no objections to the approval of
this rezoning request. Please note, however, that the level of proposed land disturbance will
require additional Erosion Control and Stormwater permits. These permits will need to be
submitted, reviewed and approved prior to any on-site development activity.
51
Michael Harvey
From: Molly Boyle
Sent: Monday, December 21, 2020 8:34 AM
To: Michael Harvey
Subject: FW: [External] 18-079 Rougemont Self Storage
From: Patrick R. Mallett
Sent: Friday, December 18, 2020 4:45 PM
To: Molly Boyle<mboyle@orangecountync.gov>
Subject: FW: [External] 18-079 Rougemont Self Storage
ITE trips are also in the plan and the narrative...
From: Edwards, Charles N [mailto:cnedwards@ncdot.gov]
Sent: Tuesday, October 13, 2020 2:21 PM
To: Chad Abbott; Jones, DeAngelo J
Cc: Allison Averette; Patrick R. Mallett
Subject: RE: [External] 18-079 Rougemont Self Storage
Based on our previous discussions, the proposed site expansion will not result in additional traffic impacts that would
require mitigation. No NCDOT action or approval is required. If you need further, feel free to coordinate directly with
DeAngelo Jones as the primary point of contact for this project.
C. N. Edwards Jr., PE (Chuck)
District Engineer
North Carolina Department of Transportation
Division of Highways
Division 7, District 1
336 570 6833
cnedwards(a-)_ncdot.gov
115 East Crescent Square Drive
P. O. Box 766
Graham, NC 27253
- 'm
F
From: Chad Abbott<chad@c3designeng.com>
Sent:Tuesday, October 13, 2020 12:47 PM
To: Edwards, Charles N <cnedwards@ncdot.gov>;Jones, DeAngelo J <diiones1@ncdot.gov>
Cc:Allison Averette<allison@c3designeng.com>; Patrick R. Mallett (pmallett@orangecountync.gov)
<pmallett@orangecountync.gov>
Subject: [External] 18-079 Rougemont Self Storage
1
52
Wm
ternal email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Inc. .
Good Afternoon Gentlemen,
I hope you are doing well. I think you may have already talked with Pat regarding this, but we are expanding the current
self-storage facility to add +/-11,400 sf of new storage units.This is only a small percentage increase and I had run some
trip generation numbers for it a while back and they are listed in the attached narrative.The county ordinance ask for a
"traffic study"for such conditional zoning districts. I don't think that this increase would breech any thresholds of TIAs
with you folks, and there for a "study" would be moot. So, if this is the case (as I think Pat has indicated from preliminary
discussions with you) can you provide a memo or response letter stating for the record and use during our rezoning that
the existing driveway has proven suitable and that the additional trips will not warrant additional improvements to the
NCDOT street network?
We would need to call this memo "RE:Traffic Study for Rougemont Self Storage". Let me know if you have any
questions, comments, or what I could do to help.
Regards,
Chad E.Abbott, PE
Principal Engineer
❑ ESON
(=_NGINEEPdi G, PLLC
2537 E. Lyon Station Rd.—Ste 102 (Physical)
P.O. Box 361 (Mailing)
Creedmoor, NC 27522
919.230.0996 x101 (Office)
919.625.7368 (Mobile)
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
2
53
Michael Harvey
From: Jeff Scouten
Sent: Monday, December 21, 2020 8:48 AM
To: Michael Harvey
Subject: RE: Staff comment(s) on Daryl Chandler REDA rezoning - expansion of existing self
storage facility
Michael,
I don't have any objection to the approval of the subject rezoning application.
I'm pretty sure I already approved it in E'gov but maybe not.
Let me know if you need anything else.
Jeff Scouten
Environmental Enforcement Supervisor
Orange County Solid Waste Management
12.07 Eubanks Road
Chapel Hill, NC 27516-7177
91e-e68-2788 (Office)
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record
and may be disclosed to third parties.
DUE TO COVID 19, REPLIES AND FOLLOW-UP TO EMAILS MAY BE DELAYED
From: Michael Harvey<mharvey@orangecountync.gov>
Sent: Monday, December 21, 2020 8:17 AM
To: Phil Vilaro<pvilaro@orangecountync.gov>;Jason Shepherd <jshepherd@orangecountync.gov>; Elizabeth Farnan
<efarnan@orangecountync.gov>;Jeff Scouten <jscouten@orangecountync.gov>; Patrick R. Mallett
<pmallett@orangecountync.gov>; Christian Hirni <chirni@orangecountync.gov>
Cc: Molly Boyle<mboyle@orangecountync.gov>; David Ward <dward@orangecountync.gov>
Subject: Staff comment(s) on Daryl Chandler REDA rezoning-expansion of existing self storage facility
I am in need of assistance.
As parties are aware, we have reviewed on a few occasions a site plan proposing an expansion of an existing self-storage
facility off of Mile Branch Road in the Little River Township of Orange County.
The expansion is part of a Conditional Zoning atlas amendment we are preparing (relevant documents attached to aid in
recollection).
This has been discussed at DAC a few times, and all parties have offered comments within EnerGOV.
What I am in need of are responses (emails, memos, etc.) of your'approval' of the project or any conditions that need to
be imposed.
1
54
Michael Harvey
From: Jason Shepherd
Sent: Monday, December 21, 2020 9:42 AM
To: Michael Harvey; Phil Vilaro; Elizabeth Farnan;Jeff Scouten; Patrick R. Mallett; Christian
Hirni
Cc: Molly Boyle; David Ward
Subject: RE: Staff comment(s) on Daryl Chandler REDA rezoning - expansion of existing self
storage facility
Approved.
Jason
Permit and Inspection Information is now available online! Click here to access our portal
Jason B. Shepherd
Fire Marshal
Orange County Emergency Services
510 Meadowlands Drive
Hillsborough, NC 27278
919-245-6151 Office
919-257-8316 Cellular
From: Michael Harvey<mharvey@orangecountync.gov>
Sent: Monday, December 21, 2020 8:17 AM
To: Phil Vilaro<pvilaro@orangecountync.gov>;Jason Shepherd <jshepherd@orangecountync.gov>; Elizabeth Farnan
<efarnan@orangecountync.gov>;Jeff Scouten <jscouten@orangecountync.gov>; Patrick R. Mallett
<pmallett@orangecountync.gov>; Christian Hirni <chirni@orangecountync.gov>
Cc: Molly Boyle<mboyle@orangecountync.gov>; David Ward <dward@orangecountync.gov>
Subject: Staff comment(s) on Daryl Chandler REDA rezoning-expansion of existing self storage facility
I am in need of assistance.
As parties are aware, we have reviewed on a few occasions a site plan proposing an expansion of an existing self-storage
facility off of Mile Branch Road in the Little River Township of Orange County.
The expansion is part of a Conditional Zoning atlas amendment we are preparing (relevant documents attached to aid in
recollection).
This has been discussed at DAC a few times, and all parties have offered comments within EnerGOV.
What I am in need of are responses (emails, memos, etc.) of your'approval' of the project or any conditions that need to
be imposed.
I would be appreciative if this information could be provided by 10 a.m.Tuesday December 28, 2020 if at all possible.
i
55
Attachment 5
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration ... 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
CERTIFICATION OF
PUBLIC HEARING NOTIFICATION
NC Highway 57 Speedway Rural Economic Development Area (REDA-CZ-1)
Rougemont Self Storage
I, Michael D. Harvey, Planner with Orange County, North Carolina, DO HEREBY
CERTIFY that in accordance with the provisions of Section 2.8 of the Orange County
Unified Development Ordinance (UDO), I have or caused notice of a PUBLIC HEARING
for the project referenced herein as follows:
1. MAILED NOTICES: Notices giving specifics on the zoning atlas amendment
request, contact information, the dates/times/location of the BOCC public hearing
including instructions on how to access the virtual public hearing and be able to
offer comment(s) on the proposal were mailed:
a. First class mail to all property owners within 1,000 ft. ( as identified by
Orange County Tax records) of the subject properties; and
b. Certified mail to the owner of the subject parcel.
on January 15 2021, 17 days before the meeting.
2. SIGNS: Staff posted the subject parcels with signs indicating the date/time of the
public hearing on January 15, 2021, 17 days before the meeting;
Further, Planning Department staff caused a legal ad advertising the date, time,
location, and purpose of the BOCC public hearing to run in the News of Orange and the
Herald Sun on January 20 and 27, 2021.
WITNESS my hand, this 15t" day of January, 2021.
R
a�l
Current Plannind Supervisor
56
MICHAEL R AMMONS DARRELL W CHANDLER DARRELL W CHANDLER
9806 NC HWY 57 9925 NC HWY 57 9925 NC HWY 57
ROUGEMONT, NC 27572 Rougemont, NC 27572 Rougemont, NC 27572
MICHAEL& LUCINDA DAVIS DARRELL RAY HARRIS W R HARRIS
8426 DOUGHTON DR 13107 HWY 501 N 1526 BACON RD
BAHAMA, NC 27503 ROUGEMONT, NC 27572 ROUGEMONT, NC 27572
W HARRIS DOUGLAS WE 3 INVESTMENTS LLC H LEONARD MANGUM
3520 PIEDMONT RD STE 410 4004 STONEBROOK FARM RD 712 SPRINGWOOD AVE
ATLANTA, GA 30305 GREENSBORO, NC 27406 GIBSONVILLE, NC 27249
ARGOS READY MIX LLC DONALD&CAROL POOLE OC SPEEDWAY REAL ESTATE LLC
3015 WINDWARD PLZ, STE 300 401 BILL POOLE RD 9740 NC 57
ALPHARETTA, GA 30005 ROUGEMONT, NC 27572 ROUGEMONT, NC 27572
JOHN &PATRICIA RUSSICK I PORTILLO&S.AYALA HANSON AGGREGATES SE INC
9985 NC 57 1012 LANSING AVE 3520 PIEDMONT RD STE 410
ROUGEMONT, NC 27572 DURHAM, NC 27713 ATLANTA, GA 30305
ROUGEMONT STORAGE JANICE V TUCKER KENNETH & NANCY WALLACE
8927 MILE BRANCH RD PO BOX 308 9761 NC 57
Rougemont, NC 27572 TIMBERLAKE, NC 27583 Rougemont, NC 27572
57
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
January 14, 2021
NOTICE OF BOCC PUBLIC HEARING
Review of Zoning Atlas Amendment for a Conditional Zoning District
for Rougemont Storage
To Whom It May Concern:
Orange County Planning staff has received an application proposing to rezone property at 8927
Mile Branch Road to a Conditional Zoning District. Per Section 2.9.2 Conditional Zoning District
of the Unified Development Ordinance, you are receiving this letter because property you own is
within 1,000 ft. of the project site. The site is further described below:
Site Information
Parcel ID Number(PIN) 0910-23-7159
Owner Rougemont Storage Center, LLC
Location 8927 Mile Branch Road at NC 57 and Mile Branch Road
Acreage • Total=21.54 acres
• Proposed for rezoning= 7.37 acres
Proposed Land Use Expansion of existing self-storage facility, Rougemont Storage
Current Zoning • NC Highway 57 Speedway Area—Rural Economic
Development Area Conditional Zoning (REDA-CZ-1)
• Agricultural Residential (AR)
• Little River Protected Watershed Overlay District
• Flat River Protected Watershed Overlay District
Proposed Zoning • NC Highway 57 Speedway Area—Rural Economic
Development Area Conditional Zoning(REDA-CZ-1)
• Little River Protected Watershed Overlay District
• Flat River Protected Watershed Overlay District
What is being proposed?
The applicant operates a self-storage facility on the property called Rougemont Storage. The
storage operation is on the portion of the property in a conditional zoning district, specifically the
Rural Economic Development Area Conditional Zoning District(REDA-CZ-1). The rest of the
property is zoned for residential use. The applicant is seeking to rezone the residential acreage so
that the entire property is in the conditional zoning district.
If approved,this rezoning will allow the applicant to expand the existing self-storage facility. The
proposed expansion includes:
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■ 22,680 sq. ft. of new impervious area, including 3 new storage buildings (11,400 sq. ft.);
■ A new on-site spray septic system; and
■ Screening from adjacent properties, including new fencing and plantings, as well as
preserved vegetation.
Please refer to the attached vicinity map and site plan for additional details or view the materials
online at https•//www oran egecountync.gov/1722/Current-Interest-Projects.
Why am I receiving this letter?
You are receiving this letter because your property is located within 1,000 ft. of the two parcels
subject to this rezoning petition. Per Section 2.8.7 of the UDO, staff is required to send written
notice, via first class mail, to property owners within 1,000 ft. informing them of the Board of
County Commissioners (BOCC)hearing where the application is to be reviewed. This notice is
required to be mailed at least 15 days before the hearing.
When is the public hearing?
The BOCC will hold a public hearing and make a decision on this proposed amendment on the
following date:
Tuesday, February 2,2021 at 7:00 pm
Consistent with COVID-19 protocols, and to ensure the health and safety of all participants, the
meeting will be virtual and pre-registration is required if you wish to speak at the hearing.
How can I participate in the hearing?
The agenda will be posted online in advance of the meeting at
http•//oran egecountync.gov/1707BOCC-Agendas.
The meeting will be live streamed online for those who wish to view the meeting without speaking:
www oran eg_countync.gov/967/Meeting-Videos.
To speak at the public hearing,please email ocpubliccommentgoran eg c, ountync.gov no later than
3:00 pm on the day of the hearing. When submitting your request to speak, please include the
following information:
• The date of the meeting
• The number and title of the agenda item you wish to speak on
• Your name, address, email, and phone number
• Note that the phone number must be the one you plan to use to call into the hearing (if
participating by phone)
After you register,you will receive an email with instructions and a link to access the hearing.
If you do not have reliable internet access and would like to call into the hearing instead,please call
the office of the Clerk to the Board no later than 5:00 pm on the hearing date at 919-245-2130. A
staff member will provide you with the call-in number.
Written comments to the Board of County Commissioners can be sent via e-mail to
ocbocckorang_ecount�nc.gov or delivered to the address below:
59
Orange County Planning and Inspections
West Campus Office Building
131 W. Margaret Lane, 2nd floor(physical)
P.O. Box 8181 (mail)
Hillsborough,NC
You may call the Planning Department at(919) 245-2575 during normal office hours (8:00 a.m. to
5:00 p.m., Monday through Friday) with any questions. You may also e-mail questions to
planningdept(a oran eg countync.s4ov.
If you have any questions, please contact Current Planning staff at 919-245-2575 or email
mharveyna oran eg ccountync.gov. We will be happy to assist.
Best Regards,
cm csF0cv&
Molly Boyle, MPA, CZO
Planner II
Orange County Planning and Inspections
Enclosures: Site Plan
Vicinity Map
Conditional Zoning Fact Sheet
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2537 E.L YON STATION RD,STE 102
17SDESIGN PO BOX361
ENGINEERING, PLLC CREEDMOOR,NC27522
919-230-0996
CLIENT-FOCUSED-COMPREHENSIVE-COST-EFFECTIVE
PROJECT NARRATIVE - ROUGEMONT SELF STORAGE PHASE 3
8927 Mile Branch Rd, Rougemont NC 27572
REV 3-13-2020
REV 10-23-2020
On behalf of Darrell W. Chandler, the owner of Rougemont Storage, we hereby request
the rezoning of the parcel previously known as PIN 0910226989 (+/-8.74 acres) to REDA-
CZ. The property has previously been recombined with the existing Rougemont Self
Storage Facility at the address listed above. Therefore, the property is currently split
zoned and would respectfully request the granting of the zoning map amendment to
make the property in its entirety the same zoning district.
Furthermore, as part of the Conditional Zoning requirement for this property, we are
submitting and requesting approval to expand the current Self Storage facility onto this
property as shown on the corresponding plans. The development of this property will be
consistent with the existing Self Storage Development with respect to the type and
quality of construction, and end product. This property will be served by a conventional
well located on the existing property/development and will also provide for a
conventional septic spray field on the subject property(expansion area) that will serve
both properties from a sewage standpoint. The existing well is used for a single
bathroom in the office of the existing facility and is expected to require no more than
100 GPD. Being an extension of the existing development, it is proposed that all traffic
enter/exit through the existing gated access off Mile Branch Road. Using the ITE Trip
Generation, its expected that+/-30 trips per day would result from the proposed 11,400
sf of mini-warehouse (storage unit) space. NCDOT has reviewed our proposal and
concurs that the existing driveway is sufficient from a traffic standpoint and no
additional information or studies are required. All proposed buildings and drives will be
secured by a new fence that will tie to the existing fence and surround the proposed
improvements. Stormwater will be captured and flow along the existing drainage
patterns to a new Stormwater Control Measure (SCM) and will be treated per current
falls lake standards. Preliminary calculations are on the Grading and Drainage Plan.
It should be noted that the development on the subject property is quite limited due to
a mis-mapping of the Little River ad Flat River Watersheds which restricts the
development to 12% on the respective portions of the property. Ground topography
does not support the current mapping of this line and until fixed, the property's
J:\DD-PROJECTS\2018\18-079\CIVIL-18-079\Design\Planning\2020-10-27 Project Narrative REV.docx
1
61
2537 E.L YON STATION RD,STE f02
DESIGN POBOX361
ENGINEERING, PLLC CREEDMOOR,NC27522
919-230-0996
CLIENT-FOCUSED•COMPREHENSIVE•COST-EFFECTIVE
development is limited. The anticipated overall proposed disturbance is less than 40,000
sf, and therefore the EA/EIS are not applicable to this site.
The previous development was required to comply with several conditions at the time
of approval, all which have been adhered to and are listed on the plans. It is understood
and acceptable to the applicant that the current proposal also adhere to these same
standards as applicable.
J:\DD-PROJECTS\2018\18-079\CIVIL-18-079\Design\Planning\2020-10-27 Project Narrative REV.docx
2
62
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64
ORANGE COUNTY PLANNING AND INSPECTIONS
ORANGE COUNTY CONDITIOAL ZONING DISTRICTS
N O RI'Fl CA ROI.I N A FACT SHEET
This fact sheet explains the submittal and review process for a rezoning to a Conditional
Zoning District. It also covers how a decision on a request is made and how you can
participate.
1. What is a Conditional Zoning District?
A Conditional Zoning District (CZD) is a tool to address impacts from certain
land uses. These land uses have particular impacts on the immediate area or
community which cannot be predetermined by general use district standards.
The property owner proposes development standards to address these
impacts. These standards could be things like minimum lot size, setbacks,
parking, landscaping, open space management, allowable building area,
preservation of natural areas, or similar matters. If approved, the use of the
property would be subject to conditions created during the process.
2. What are the benefits of the CZD process?
Conditional Zoning allows for more flexibility than other zoning tools. Rules in
a General Zoning district would be applicable to all uses without any special
considerations. Rules for a Special Use Permit require all the individualized
considerations to be written in the ordinances beforehand. By allowing for
special considerations to be determined at the time of application, Conditional
Zoning is thought to be a more prudent use of time, money, effort, and other
resources.
3. /s a CZD the same as a Special Use Permit(SUP)?
No. With a SUP the County has determined potential development impacts of
a given land use require special consideration of site-specific conditions
against a set of established standards. An SUP is said to be a `quasi-judicial'
decision because how facts are applied to these established standards. A
CZD is said to be a `legislative' decision because the standards are both
established and applied at the time of the decision.
4. Are CZDs and SUPs reviewed in a similar manner?
No. CZDs are reviewed through the `legislative' review process while an SUP
is reviewed under the `quasi-judicial' review process, further broken down as
follows:
• LEGISLATIVE: Decisions are made based on multiple factors
including the proposal's consistency with the adopted
Comprehensive Plan, recommendations made by the Planning
Board and staff, comments received from the public (both for and
against a project), as well as the elected officials' experiences,
65
opinions and judgment.
This is the most common review process employed by the County
and is used to review multiple development proposals (i.e. zoning
atlas amendments, amendments to the UDO, review/action on
subdivision proposals, etc.).
• QUASI-JUDICIAL: Typically used to review land use development
applications, commonly called a Special Use.
In this process, the board responsible for rendering a decision acts
much like a panel of judges, hearing factual evidence and sworn
testimony.
Decisions on whether a permit request must be issued or not are
based on the competent, substantial, and material evidence
presented by all sworn parties with standing.
5. How are CZD applications reviewed?
Review of a CZD application occurs in multiple steps as outlined in the UDO
summarized as follows:
• An application for a zoning atlas amendment is submitted;
• The proposal is reviewed by the County's Development Advisory
Committee (DAC), which is essentially a staff review across
multiple Departments (i.e. Building Inspections, Environmental
Health, Emergency Services, Erosion Control/Stormwater, Solid
Waste, etc.) and includes many technical advisors from external
agencies such as the NC Department of Transportation;
• The next step is the scheduling and holding of a Neighborhood
Information Meeting (NIM), which is an opportunity for the
developer to discuss their proposal with the local community and
for County staff to review/discuss the review process;
• The proposal is then reviewed by the Planning Board, which is an
advisory group of County residents.
The Board reviews the proposal, hears comments from the
staff/applicant/general public, and makes a recommendation to the
Board of County Commissioners (BOCC) for or against any
proposal.
• The final step is with a public hearing before the BOCC. The public
hearing allows the public to voice their opinions to the
Commissioners. After the public hearing is closed, the BOCC then
makes their decision.
This flow chart from the UDO helps illustrate:
66
Zoning, A"as and Application
UDO Amendments Submittal
Zoning Alias- Zoning Atlas: M Text Amendrnenf
Conditional I General Use ,
Districts % " Zoning Diistdcts�,;
Post Sign Mail Notice for
Neighborhood Info. Meeting
(NIM) and Planning Board
Meeting
' Post Sign Mail Notice
Neighborhood for Planning Board
Information Meeting Meeting
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
wand Recommendation.'
Atlas Amendments: Text
Publish Legal Ad Amendments:
Post Sign Publish legal Ad
Mail Notice
`r Staff and PB Recommendations`,,
a to BOCC i}
Public l•learing
BOCC Decision
'tote- Tr•js c_i^��r i; mean* as. a graphtc-al representation of irwc
UDO text-the t-x shoti to+=e priority it-; any c-cr'lict or air-x>OJ"Y.
67
6. Are applicants required to submit site specific development plans for a
CZD?
Either a site specific development plan or a concept plan will be required
depending on the type of request.
Site specific development plans are meant to demonstrate how the project
would comply with various requirements such as setbacks, impervious
surface limits, parking lot design, landscaping, building area, and others.
These types of plans are required for the following CZDs:
• Agricultural Support Enterprises (ASE-CZ);
• Home Park (HP-CZ); and
• NC Highway 57 Speedway Area Rural Economic Development
Area (REDA-CZ-1).
Master Plan Development Conditional Zoning District (MPD-CZ) applications
are not required to submit a site specific development plan. They are
required to submit a concept plan.
7. Why are MPD-CZ applications not required to submit a site specific
development plan?
Per Section 3.8 Conditional Districts — Master Plan Development (MPD-CZ)
of the UDO, the purpose of the MPD-CZ District is to provide for:
`..... unified large scale subdivisions, non-residential, and mixed-
use developments that promote economical and efficient land
use, improved level of amenities, appropriate and harmonious
variety, creative design, and a better environment through the
approval of a general concept Master Plan the permits defined
flexibility to accommodate land use adjustments in response to
evolving market trends.
To that end, MPD-CZ projects are intended to allow for flexibility in
dimensional/development standards with the overall goal of ensuring
compatibility with planning objectives, anticipated development patterns,
existing infrastructure planning, and surrounding properties.
The master planning process allows applicants to either demonstrate
compliance with applicable standards (i.e. setbacks, impervious surface
limits, parking lot design, landscaping, building area, etc.) or provide `design
alternatives' that meet the intent and spirit of existing regulations.
Approval of an MPD-CZ, essentially, creates a new zoning district
establishing mandatory development standards/criteria governing actual
development activities. Through this process, the County has the opportunity
to impose conditions on development activities to address potential impacts.
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8. What else is required to be submitted as part of a CZD application?
CZD requests are required to submit the following information:
a. Completed application;
b. A detailed description of the proposed use of property;
c. A detailed traffic survey;
d. Environmental Document(s);
e. Landscape plan;
f. A summary of utility services, including processing of wastewater;
g. A schedule of construction of all elements of the proposal;
h. Other information identified during the pre-application conference
deemed essential to demonstrate the project's compliance with
applicable regulations.
9. Can the County impose conditions on a CZD?
Yes. The County has the ability to impose conditions, however, these
conditions must be mutually agreed upon by the County and applicant.
Further, conditions are limited to those addressing conformance of the
development to applicable regulations and/or the adopted Comprehensive
Plan/other relevant plans addressing:
a. The compatibility of the proposed development with surrounding
property;
b. Proposed support facilities (i.e. roadways and access points, parking,
pedestrian and vehicular circulation systems, screening and buffer
areas, etc.); and/or
C. Other matters the County may find appropriate or the petitioner may
propose, but limited to items within the County's regulatory authority.
10. How is development within an MPD-CZ district acted upon?
Development within an MPD-CZ is permitted only through the review and
approval of site plan application(s) in accordance within Section 2.5 of the
UDO. This is so staff can verify all imposed conditions are adhered to.
11. Will this site plan be reviewed/commented on by the Planning Board or
elected officials?
No. The site plan shall be reviewed and acted upon by staff administratively
consistent with the provisions of the UDO.
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12. What are the benefits of the MPD-CZ process?
The chief, primary, benefit is staff are able to review/process development of
a parcel and/or multiple parcels under a uniform set of development criteria
where there are shared opportunities for infrastructure development (i.e.
parking areas, preservation of existing landscaping, outdoor lighting, signage,
access management, stormwater management, etc.).
Under general zoning standards, parcels are typically developed
independently with little to no opportunity for the County to compel
coordination of development activities. Each parcel would have to have its
own parking area, stormwater feature, landscape buffers, allowable building
area (i.e. floor area ratio), individual outdoor lighting fixtures, etc. From staff's
standpoint this translates to more development activity, more impervious
surface area, and increased opportunities for internal/external impacts.
13. Who may speak or offer comment during the review of a CZD?
Everyone.
Applicants and those individuals supporting, or opposed to, the application
are encouraged to attend meetings where a CZD is discussed and offer
comment(s).
The best time to speak directly to the applicant is at the NIM. The NIM is also
a good opportunity to ask questions of staff related to the process for the
review of the application.
The Planning Board is a good opportunity to learn more about the comments
and recommendations from the advisory board and staff.
The public can offer their opinions and comments in written form to the BOCC
at any time, but the public hearing is the best time to speak publicly in person.
14. When would I learn about an application being submitted?
There are various notification requirements associated with the review of a
CZD application at various points along the process.
There is a listing of current projects at the Planning page of the County
website. The complete application package is made available to the public on
the County website once it has been formally accepted for review by staff.
Before the NIM, there will be notice posted at the site and mailed to those
within 1,000 ft. of the property advertising the meeting. This is the same for
the Planning Board and BOCC meetings where the application will be
reviewed. BOCC meetings are also advertised in local newspapers.
Planning Board and BOCC meeting agendas are posted on-line so the
general public can review materials associated with the review of a CZD. You
can be put on a list to receive notices about all BOCC meetings through a
request to the BOCC Clerk's office.
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Planning Board and BOCC are public meetings, which are open to public
attendance. Only the BOCC public hearing includes a right to participate and
that is limited (such as with the 3 minute time limit).
15. What is the most effective way of engaging with the process?
Planning staff are available to answer questions on a development proposal
and/or to explain process requirements.
Attend the NIM to learn about the applicant's proposal and have an
opportunity to ask questions and offer comments.
Attend the Planning Board meeting to learn about staff and Board
recommendation(s).
Write to the BOCC or speak at the public hearing. At the public hearing you
will be limited to 3 minutes, but there is no limit to emailed comments. If you
share the opinion of others, try to join together and co-sign a single message.
Try to be specific with particular proposals, recommendations or conditions.
16. Who do I contact with questions?
• Questions about the application, procedural questions, or Planning
Board meeting(s) should be directed to the Planning Department —
(919) 245-2576;
• To receive email notices of BOCC agendas/meetings, go to the
following webpage:
http://www.orangecountync.gov/1561/Electronic-Newsletters
And select the link following "Board of County Commissioners
(Sunshine)". Type in your email address and select Sign In. Next,
click on the envelope icon in front of Board of County Commissioners
(Sunshine) to receive email notifications.
• Questions on Planning Board agendas can also be addressed by the
staff of the Planning Department. Planning Board agenda packets, as
well as meeting minutes, are posted on the County website and can be
accessed here:
https://www.orangecountync.gov/1194/Orange-County-Planning-
Board-PB
17.What are the roles of staff, the Planning Board, and the elected officials in
the review of a CZD?
• STAFF:
➢ Determine if the application is complete with applicable
submittal requirements (Section(s) 2.8 and 2.9.2 of the UDO);
71
➢ Determine consistency with the adopted Comprehensive Plan;
➢ Review and make a determination if the proposal is consistent
with applicable development standards or if proposed 'design
alternatives' are consistent with the spirit/intent of the UDO;
➢ Recommend imposition of conditions to address potential
impacts;
➢ Recommend approval/denial of the project based on the
provisions of the UDO and the project's compliance with the
Comprehensive Plan.
• PLANNING BOARD:
➢ Review the development proposal and ask questions of the
applicant and staff;
➢ Review/discuss staffs analysis;
➢ Although not required, the PB often will Receive public comment
on the proposal;
➢ Make a recommendation on the approval or denial of the
request to the BOCC.
• BOCC:
➢ Schedule and hold a public hearing to receive the application;
➢ Hear from the applicant and staff;
➢ Receive public comment on the proposal;
➢ Review/discuss the staff and Planning Board's analysis and
recommendation(s);
➢ Discuss imposition of conditions;
➢ Approve or deny the request.
18. How are decisions to approve or deny a CZD made?
The BOCC approves or denies a CZD request based on:
a. The proposals consistency with the adopted Comprehensive Plan;
b. Consistency/compliance with other applicable plans (i.e. small areas
plans, water/sewer infrastructure plans, transportation improvement
plans, etc.);
C. Suitability of proposed development with surrounding properties as
well as the recognized/anticipated development patterns in the area
where the project is located;
d. Compliance with applicable development standards as embodied
within the UDO and/or the appropriateness of proposed 'design
alternatives';
e. Public comments; and
72
f. Staff and Planning Board recommendation(s).
19. Can I discuss the project with staff, members of the Planning Board, and
the BOCC?
Yes, you can have discussions with various parties outside of scheduled
meetings/hearings concerning a CZD application. This would not be the case
with an SUP or other quasi-judicial hearings, where the board members are
precluded from deliberations outside the hearing.
20. Is there a record of the proceedings?
Yes. Minutes from Planning Board and BOCC meetings where a CZD
application is reviewed/discussed/acted upon are maintained by the County.
The Planning Department maintains the application components and become
a part of the file on that case.
21. What is the effect of a CZD approval?
Per Section 2.9.2 (G) of the UDO, approval of a CZD is binding on the
property. Development and use of the subject parcel(s) is governed by the
submitted/revised application package, the actual ordinance adopted by the
BOCC approving the rezoning request, all conditions imposed as part of the
CZD review process, and the applicable provisions of the UDO.
22. Are decisions on CZD applications subject to further review?
Yes. Decisions are subject to review by the Superior Court. Per Section
2.26.5 of the UDO, an appeal to Superior Court must be filled within 60 days
from the date of adoption of the ordinance approving the zoning atlas
amendment.
73
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
The Orange County Board of Commissioners will hold a public hearing on Tuesday,
February 2, 2021 at 7:00 PM for the purpose of giving all interested residents an
opportunity to speak for or against the items below. Due to current public health
concerns, the hearing will be held on-line and pre-registration is required.
The meeting will be live streamed at the following web address for those who wish to only
view the meeting: www.orangecountync.gov/967/Meeting-Videos
To register to speak at the public hearing, please send an email to
ocpubliccomment@orangecountync.gov no later than 3:00 PM on the day of the hearing
and indicate you wish to speak during the hearing.
When submitting the request to speak, include the following:
• The date of the meeting
• The number and title of the agenda item (from the list below) you wish to
speak on
• Your name, address, email and phone number
• The phone number must be the number you plan to call in from if
participating by phone
After registering to speak, an email that contains instructions and a link to sign up to
access the hearing will be sent to the email address used to register.
If you do not have access to an internet-enabled computer and would like to phone in to
access the hearing, please call the office of the Clerk to the Board after January 29, 2021
at 919-245-2130 and a staff member will provide you with the call-in number.
Public Hearing Items:
1. Zoning Atlas Amendment (REDA-CZ-1 — Rougemont Self Storage): In
accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance, an applicant has
applied to expand an existing conditional zoning district, REDA-CZ-1 (NC Highway
57 Speedway Area Rural Economic Development Area Conditional Zoning). The
proposed expansion is located at 8927 Mile Branch Road in Little River Township on
a 21.54 acre parcel of land; 14.17 acres of the parcel are currently zoned REDA-CZ-
1. The rezoning request is as follows:
FROM: REDA-CZ-1 (14.17 acres) and Agricultural Residential (7.37 acres)
TO: REDA-CZ-1 (21.54 acres; entire parcel)
1
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The parcel is further identified utilizing Orange County Parcel Identification Number
(PIN) 0910-23-7159. The purpose of the rezoning is to allow for expansion of the
existing self-storage operation.
The Orange County Planning Board reviewed the application at its January 6, 2021
regular meeting and voted unanimously to recommend approval of the application.
Agenda materials for this meeting can be viewed at:
http://orangecountync.gov/AgendaCenter/Planning-Board-26
Information on the project is also available at:
https://www.orangecountync.gov/1722/Current-Interest-Projects
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. In accordance with Session Law
2020-3 (Senate Bill 704), Section 4.31(a), which pertains to remote meetings during
declared emergencies, written comments on items heard at a public hearing are
accepted for 24 hours after the public hearing is closed and the Board of County
Commissioners may not make a decision on public hearing items until after the 24-hour
period for written comments has concluded.
The full text of the public hearing items may be obtained no later than January 29, 2021
on the County's website: https://www.orangecountync.gov/1707/BOCC-Agendas
Information will also be available from the Orange County Planning Department (contact
information below) no later than January 22, 2021.
Questions regarding the proposals may be directed to the Orange County Planning
Department via phone at (919) 245-2575 during normal office hours (8:00 a.m. to 5:00
p.m., Monday through Friday). You may also e-mail questions to
planningdept@orangecountync.gov. Written comments to the Board of County
Commissioners can be sent via e-mail to ocbocc@orangecountync.gov. Written
comments can also be dropped off at the Planning Department offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal office hours or mailed to the
Planning Department at P.O. Box 8181, Hillsborough, NC 27278.
PUBLISH: The Herald Sun News of Orange
January 20, 2021 January 20, 2021
January 27, 2021 January 27, 2021
2
7-52,0
Ordinance 4:_ 'g� 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.
Physicaf 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. 35.68to a mathematical point in
the centerline of Mile Branch Road and (5) with the centerline of Mile Branch
76
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.
77
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
Commissioners kAt- the foregoing ordinance was adopted this
a 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
78
Board at a meeting held on —4 , 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 J day of
2012.
to Cat, d'6�
t�
® Clerk Y the oar of Commissioners
t
52
1T
44'
COO%
orth
79
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 JANUARY 6,2021
4 REGULAR MEETING
5 (Due to current public health concerns,this meeting was held virtually.
6 Members of the Planning Board, staff and public participated remotely)
7
8 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Adam Beeman (Vice-Chair), Cedar
9 Grove Township Representative; Kim Piracci, Eno Township Representative; Susan Hunter, Chapel Hill Township
10 Representative; Patricia Roberts, Cheeks Township Representative; Randy Marshall, At-Large Representative; Alexandra
11 Allman, At-Large Representative; Melissa Poole, Little River Township Representative; Carrie Fletcher, Bingham
12 Township Representative; Gio Mollinedo,At-Large Representative;
13
14 MEMBERS ABSENT: Vacant,At-Large Representatives
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Michael Harvey, Current
17 Planning Supervisor; Tina Love,Administrative Support
18
19 OTHERS PRESENT: Darrell Chandler, Chad Abbott
20
21
22 Perdita reviewed the technical processes and rules for the virtual meeting
23
24
25 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
26 Chair David Blankfard called the meeting to order.
27
28
29 AGENDA ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR FOR 2021.
30 a. Term Expiration Dates and Reappointment Eligibility by Member
31
32 MOTION by Melissa Poole to reappoint David Blankfard as Chair for 2021. Seconded by Patricia Roberts.
33
34 ROLLCALL VOTE:
35 Randy Marshall: Yes
36 Alexandra Allman Yes
37 Kim Piracci: Yes
38 Susan Hunter: Yes
39 Adam Beeman: Yes
40 Patricia Roberts: Yes
41 Carrie Fletcher Yes
42 Melissa Poole: Yes
43 David Blankfard: Yes
44 MOTION PASSED UNANIMOUSLY
45
46 Adam Beeman: I'll put myself out there for Vice-Chair again.
47
48 MOTION by Patricia Roberts to reappoint Adam Beeman as Vice-Chair for 2021. Seconded by Carrie Fletcher
49
50 ROLLCALL VOTE:
51 Randy Marshall: Yes
52 Alexandra Allman Yes
53 Kim Piracci: Yes
54 Susan Hunter: Yes
55 Adam Beeman: Yes
56 Patricia Roberts: Yes
80
DRAFT
57 Carrie Fletcher Yes
58 Melissa Poole: Yes
59 David Blankfard: Yes
60 MOTION PASSED UNANIMOUSLY
61
62
63 AGENDA ITEM 3: INFORMATION ITEMS
64 b. Planning Calendar for January and February
65 c. Buckhorn Small Area Plan Study — At the February 3, 2021 Planning Board Meeting, the
66 Planning Board is expected to receive an overview of the Plan, update on Mebane's planning
67 process, and provide input to the Orange County BOCC for its consideration on any
68 subsequent County implementation actions.
69
70
71 AGENDA ITEM 4: APPROVAL OF MINUTES
72 November 4, 2020 Regular Meeting Minutes
73
74 MOTION by Randy Marshall to approved the November 4, 2020 Regular Meeting Minute. Seconded by Susan Hunter.
75
76 ROLLCALL VOTE:
77 Randy Marshall: Yes
78 Alexandra Allman Yes
79 Kim Piracci: Yes
80 Susan Hunter: Yes
81 Adam Beeman: Yes
82 Patricia Roberts: Yes
83 Carrie Fletcher Yes
84 Melissa Poole: Yes
85 David Blankfard: Yes
86 MOTION PASSED UNANIMOUSLY
87
88
89 AGENDA ITEM 5: CONSIDERATION OF ADDITIONS TO AGENDA.
90
91
92 AGENDA ITEM 6: PUBLIC CHARGE
93
94 INTRODUCTION TO THE PUBLIC CHARGE
95 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints
96 the Orange County Planning Board (OCPB) to uphold the written land development law of the County.
97 The general purpose of OCPB is to guide and accomplish coordinated and harmonious development.
98 OCPB shall do so in a manner, which considers the present and future needs of its citizens and
99 businesses through efficient and responsive process that contributes to and promotes the health, safety,
100 and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive
101 governance and quality public services during our deliberations, decisions, and recommendations.
102
103 PUBLIC CHARGE
104 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to
105 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At
106 any time, should any member of the Board or any citizen fail to observe this public charge, the Chair will
107 ask the offending member to leave the meeting until that individual regains personal control. Should
108 decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment
109 to this public charge is observed.
110
111
112 AGENDA ITEM 7: CHAIR COMMENTS
81
DRAFT
113
114
115 AGENDA ITEM 8: ZONING ATLAS AMENDMENT(REDA—CZ-1) —ROUGEMONT SELF STORAGE—To review and make a
116 recommendation to the BOCC on an applicant initiated zoning atlas amendment to expand an existing
117 conditional zoning district called REDA-CZ-1 (NC Highway 57 Speedway Area Rural Economic
118 Development Area Conditional Zoning). The proposed expansion is located at 8927 Mile Branch Road in
119 Little River Township on a 21.54 acre parcel of land. The parcel is currently zoned REDA-CZ- 1 and
120 Agricultural Residential. The applicant is seeking to rezone the Agricultural Residential acreage so that
121 the entire parcel is in the REDA-CZ-1 district allowing for an expansion of the existing self-storage
122 operation. This item is scheduled for BOCC public hearing on February 2, 2021.
123 Presenter: Michael Harvey, Current Planning Supervisor
124
125 Michael Harvey Presented a PowerPoint Presentation to the Planning Board.
126
127 Chad Abbott: Good evening everyone, I'm Chad Abbott of C3 Design and Engineering and I represent Mr. Chandler, the
128 applicant on this project. I also worked on the previous project. I feel like what you have before you is a pretty
129 straightforward project. It is an expansion of an existing use so the typical questions that come up about allowing a use in
130 a certain area have already been decided upon in the past and have had no negative impacts on the surrounding
131 properties and no negative input from any surrounding property owners either first-hand or at the Neighborhood
132 Information Meeting (NIM). We had adhered to all the previous conditions imposed on the original development and will
133 continue to adhere to those same conditions upon development on this property as proposed. We respectively request
134 your recommendation for approval and I'd be happy to answer any questions you may have.
135
136 David Blankfard: Did anyone show up from the neighborhood at the NIM?
137
138 Chad Abbott: No Sir.
139
140 Melissa Poole: If I may, this is in my district and I'm very familiar with this area and I am familiar with the storage facility
141 there. There are not a lot of homes that are sitting directly adjacent to this project. I am good with moving forward.
142
143 Kim Piracci: I have a question, it looks like there is a pond across the street,what is that.
144
145 Chad Abbott: It is a farm pond, it's across the road. It's agriculturally zoned land, I don't know what they use it for.
146
147 Michael Harvey pulled up the GIS system to view the area/pond in question and clarified it is believed to be an amenity or
148 recreation pond as available data does not indicate there is a stream or other water feature connecting the pond to the
149 Chandler property east of NC Highway 57..
150
151 Kim Piracci: That's not going to be affected by the septic system?
152
153 Michael Harvey: No, it shouldn't be. As indicated on the map, there does not appear to be a water feature identified in
154 County GIS connecting the pond to Mr. Chandler's property east of NC Highway 57. The Environmental Assessment work
155 also did not indicate any water connectivity between the property and the aforementioned pond. We have some of the
156 existing stormwater control measures that were required for the first phase of the project when we began working with Mr.
157 Chandler, he has determined it would be in his best interest and would help with his stormwater as well as shielding his
158 property,to preserve this area of existing foliage. Pointed out other features, septic fields, residents, rock quarry.
159
160 Michael Harvey concluded his PowerPoint Presentation
161
162 MOTION by Randy Marshall to approve the Statement of Consistency indicating that the Zoning Atlas Amendments are
163 reasonable and in the public interest as contained in Attachment 7 and recommend approval that the ordinance amending
164 the Zoning Atlas as well as the imposing development conditions for the identified parcel as contained in Attachment 8.
165 Seconded by Melissa Poole.
166
167 Randy Marshall: Yes
168 Kim Piracci: Yes
82
DRAFT
169 Patricia Roberts: Yes
170 Carrie Fletcher Yes
171 Adam Beeman: Yes
172 Melissa Poole: Yes
173 Susan Hunter: Yes
174 Alexandra Allman Yes
175 David Blankfard: Yes
176 MOTION PASSED UNANIMOUSLY
177
178
179 David Blankfard: Craig when do you think we will get the vacant positons filled?
180
181 Craig Benedict: The BOCC are having a Work Session in February and will be discussing all of the Advisory Boards. 1
182 would say probably either late February or March we could get something on an agenda in front of them. One of the topics
183 of discuss is should the BOCC round out the various boards to have multiple interests so that boards do not get overly
184 weighed,to try to keep it diverse whether it's the Economic Development Advisory Board or Commission for the
185 Environment or Planning Board to try to round out the applicants. It will be a general discussion at that Work Session.
186
187 Alexandra Allman: How does that work? Do they go to you and then you give them to us and we choose or does the
188 BOCC choose them, how does it work?
189
190 Craig Benedict: They have never come to Planning Staff or the Planning Board. They have always been advertised by
191 the County Clerk's office and then decided by the BOCC. The Planning Board can, off line,take a look at the applications
192 that are always available through the Clerk's office and speak with one of your Commissioners if you think it viable. We
193 may formalize that. Some boards actually do review applications and make recommendations.
194
195 Gio Mollinedo Arrived
196
197
198 AGENDA ITEM 9: PLANNING BOARD ANNUAL REPORT AND WORK PLAN: To discuss annual input form which informs the
199 BOCC of the past year's activities of advisory boards/commissions and assists in overall County work
200 planning.
201 PRESENTER: Craig Benedict, Planning Director
202
203 Craig Benedict presented a PowerPoint presentation to the Planning Board members
204
205 Kim Piracci: I'd like to go back to something you said. I don't see it written down but I think you said something about the
206 Board would have to agree on suggestions before we submit them to a developer? Can you tell me what that is and what
207 that means?
208
209 Craig Benedict: We have used this process already with the Planning Board, so when we review conditions that have been
210 suggested to be imposed on a conditional zoning proposal, if one of those modifications, conditions is to be amended, we
211 look for the Board to deliberate amongst themselves on what the amendment may be and vote internally on it. We don't
212 want to go to the developer and ask for conditions until we know that the Board wants to collectively say they want that
213 condition. This is a process we have used to try to get some sort of census from the Board and then ask either at that
214 meeting or at the next meeting if that is a condition that is agreeable by the applicant.
215
216 Kim Piracci: Would that exclude one of us from making a suggestion on the spot?
217
218 Craig Benedict: No, if for example you said Buc-ee's should have 50 EV electric charging stations instead of 50 gas
219 pumps,we would want to see if the rest of the Board thought that was a viable condition amendment before we ask the
220 applicant if they would agree to something like that. It's up to you to present your rationale for your amended condition or
221 new condition and then if there is consensus amongst the Board that it can be one of your recommendations.
222
223 Kim Piracci: Is that the sort of thing that happens before we meet with the developers or during?
224
83
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas to rezone a parcel as follows:
Parcel
Identification Township Owner of Current Zoning Proposed Zoning
Number Record
(PIN)
• NC Highway 57
Speedway Area —
Rural Economic NC Highway 57
Development Area Speedway Area —
Conditional Zoning Rural Economic
(REDA-CZ-1) Development Area
Conditional Zoning
Rougemont • Agricultural (REDA-CZ-1)
0910-23- Little River Storage Residential (AR)
7159 Center, LLC Little River Protected
• Little River Watershed Overlay
Protected District
Watershed Overlay
District Flat River Protected
Watershed Overlay
• Flat River Protected District
Watershed Overlay
District
The Planning Board finds:
1. The requirements of Section 2.8 of the UDO have been deemed complete; and,
2. Pursuant to Sections 1.1 .5 and 1.1.7 of the UDO and to Section 153A-341 of the North
Carolina General Statutes, the Board finds sufficient documentation within the record
denoting that the amendment is consistent with the adopted 2030 Comprehensive
Plan.
a. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
i. Land Use Overarching Goal: Coordination of the amount, location, pattern,
and designation of future land uses, with availability of County services and
facilities sufficient to meet the needs of Orange County's population and
economy consistent with other Comprehensive Plan element goals and
objectives.
ii. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural
resources, and community character.
iii. Land Use Goal 3: A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
84
character, minimizes land use conflicts, supported by an efficient and
balanced transportation system.
iv. Objective LU-3.1: Discourage urban sprawl, encourage a separation of
urban and rural land uses, and direct new development into areas where
necessary community facilities and services exist through periodic updates
to the Land Use Plan.
The Planning Board hereby adopts this Statement of Consistency and the findings expressed
herein and recommends the Board of County Commissioners consider adoption of the
proposed Zoning Atlas Amendment.
F
01.14.2021
David Blankfard, Chair Date
85
Attachment 8
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas to rezone a parcel as follows:
Parcel
Identification Township Owner of Current Zoning Proposed Zoning
Number Record
(PIN)
• NC Highway 57
Speedway Area —
Rural Economic NC Highway 57
Development Area Speedway Area —
Conditional Zoning Rural Economic
(REDA-CZ-1) Development Area
Conditional Zoning
Rougemont • Agricultural (REDA-CZ-1)
07910-23_ Little River Storage Residential (AR) •
Center, LLC Little River Protected
• Little River Watershed Overlay
Protected District
Watershed Overlay
District • Flat River Protected
Watershed Overlay
• Flat River Protected District
Watershed Overlay
District
The BOCC finds:
1. The requirements of Section 2.8 of the UDO have been deemed complete; and,
2. Pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341 of the North
Carolina General Statutes, the BOCC finds sufficient documentation within the record
denoting that the amendment is consistent with the adopted 2030 Comprehensive
Plan.
a. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
i. Land Use Overarching Goal: Coordination of the amount, location, pattern,
and designation of future land uses, with availability of County services and
facilities sufficient to meet the needs of Orange County's population and
economy consistent with other Comprehensive Plan element goals and
objectives.
ii. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural
resources, and community character.
iii. Land Use Goal 3: A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
86
character, minimizes land use conflicts, supported by an efficient and
balanced transportation system.
iv. Objective LU-3.1: Discourage urban sprawl, encourage a separation of
urban and rural land uses, and direct new development into areas where
necessary community facilities and services exist through periodic updates
to the Land Use Plan.
The atlas amendment is consistent with these goals and objectives as approval
allows for development consistent with the previously approved NC Highway 57
Small Area Plan study.
This study, now incorporated by reference within the Comprehensive Plan, called
for expanding economic development opportunities in the Little River Township
along NC Highway 57 and Mile Branch Road near the existing Orange County
Speedway.
The subject parcel was part of that study, and in 2012 the County approved
development of a self-storage operation on a portion of the property with the
approval of a zoning atlas amendment package.
Approval of this request will allow the entire property to be used for a recognized
allowable use consistent with the provisions of the Unified Development
Ordinance (UDO) and the Comprehensive Plan.
b. The amendment is reasonable and in the public interest because it:
1. Expands economic development prospects within the County, while
continuing to protect adjacent and nearby land uses, consistent with the
Comprehensive Plan as well as the adopted Small Area Plan for the area.
The atlas amendment involves expansion of a previously approved
REDZ-CZ-1 Conditional Zoning district allowing for expansion of an
existing self-storage operation.
The area in question has been designated as being viable for rural
economic development within the Comprehensive Plan, and the
proposed land use is consistent with the recommendation(s)
detailed within the NC Highway 57 Small Area Plan study,
approved by the County in 2007.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Renee Price, Chair Date
Attachment 9 87
Ordinance#: ORD-2021-003
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 a 7.37 acre portion of a 21.54 acre parcel of
property (PIN 0910-23-7159) to NC Highway 57 Speedway Area Rural Economic Development
Area (REDA-CZ-1) Conditional Zoning for the purpose of expanding an existing 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 portion of property to be rezoned is further identified as follows:
Parcel Identification Number (PIN): 0910-23-7159
Owner: Rougemont Storage Center, LLC
Deed Reference: Deed Book 6620, Page 1210
Being that tract of land lying in Little River Township, Orange County, North
Carolina, and more particularly described as follows: Being Tract No. 2
containing 8.74 acres as shown on plat (Plat Book 120, Page 115) and
survey of Commissioner's Report, subdivision of Tract A of May Anna
Clayton Estate by Alois Callemyn, Registered Land Surveyor, dated January
29, 1981, recorded in Plat Book 33, Page 72 Orange County Registry.
The description above is based on the information in Deed Book 6620, Page
1210 and does not represent an actual field survey.
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 7.37 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 application is subject to the following mutually agreed to
conditions:
1
88
1. Nothing associated with the approval of this request shall invalidate, alter, or
otherwise be construed as alleviating compliance with conditions imposed by
Orange County consistent with ORDINANCE 2012-0055 as approved on
November 20, 2012;
2. The property shall be utilized only as a self-storage facility developed consistent
with the submitted site plan as acted upon by the Orange County Board of
Commissioners on February 2, 2021;
3. Orange County Planning 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 12 months of approval.
This document shall include an explanation of the allotment of impervious
surface limits supporting the development;
4. This proposal is for Rougemont Storage Phase 3. Prior to the commencement of
earth disturbing activities for Phase 3, the applicant shall apply for and install a
well in accordance with applicable Orange County Health Department
requirements;
5. 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;
6. The applicant shall be required to obtain final approval for any dumpster pad
locations from Orange County Solid Waste prior to the commencement of earth
disturbing activity;
7. 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;
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 any and all permits from the Orange
County Fire Marshal prior to the commencement of construction activity;
10.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 (UDO);
11.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.
12.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;
13.No hazardous materials shall be stored on the property.
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The applicant shall include this prohibition within storage unit lease documents
informing clients of the prohibition;
14.All required landscaping, as denoted on the site plan, shall be installed prior to
the issuance of a Certificate of Compliance allowing for the units to be
rented/occupied;
15.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 , the foregoing ordinance was adopted this
day of , 2021.
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 , 2021 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 day of ,
2021.
SEAL
Clerk to the Board of Commissioners