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HomeMy WebLinkAboutORD-2021-003 Ordinance Amending the Orange County Zoning Atlas Ordinance #: ORD-2021 - 003 S- a 212121 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 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 . 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 ; 16 . In addition to the development denoted on the site plan , reviewed and approved by the BOCC on February 2 , 2021 , the applicant shall be allowed to construct a 20 ft . by 30 ft . storage shed on the subject parcel for the storage of maintenance equipment . This structure shall not be utilized for any commercial land use . 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 McKee , seconded by Commissioner Greene , the foregoing ordinance was adopted this 2nd day of February , 2021 . I , Laura Jensen , 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 February 2 , 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 , t is 9th day of February , 2021 . SEAL erk to the Board f Commissioners ,R.rf cdV4Vr �QI way