HomeMy WebLinkAboutORD-2024-006-An Ordinance amending the Orange County zoning atlas Attachment 9
Ordinance #: ORD-2024-006 % � CA
AN ORDINANCE AMENDING THE
ORANGE COUNTY ZONING ATLAS
WHEREAS , Orange County has received and processed a petition submitted by Craig Nishimoto
( hereafter `the Applicant ' ) 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 +/- 10 . 01 acres ( PIN : 9871 -50 -3254 ) from RB ( Rural Buffer)
to ASE - CD (Agricultural Support Enterprises Conditional District) for the purposes of agricultural services ;
and
WHEREAS , the petition has been submitted with a site plan in accordance with the provisions of
Section 2 . 9 . 1 ( C ) of the UDO ; and
WHEREAS , the requirements of Section 2 . 8 and 2 . 9 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 ; and
WHEREAS , the Board has found the proposed zoning atlas amendment to be consistent with the
adopted 2030 Comprehensive Plan and reasonable and in the public interest .
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning
Atlas is hereby amended to rezone the aforementioned parcels to ASE - CD (Agricultural Support
Enterprises Conditional District) , as detailed within the submitted application .
BE IT FURTHER ORDAINED THAT in accordance with Section 2 . 9 . 1 ( F) of the UDO the approval of this
Conditional Zoning application is subject to the following mutually agreed to conditions :
1 . Project shall be completed as presented in approved site plan/application packet .
2 . Allow for a reduction of the 100 ' setback from the southern property line for outdoor storage of
wood chips , stumps and logs , branches and similar wood by- products resulting from tree cutting
operations . Outdoor storage shall not be less than 40 feet from the southern property line .
3 . Allow for Planning Director to review and approve minor changes to the approved plan , per Section
2 . 9 . 1 ( 1 ) of the Orange County Unified Development Ordinance , specific to the location and
arrangement of development within the limits of disturbance and the proposed " activity area ' . The
" activity area" shall be defined as the edge of gravel as shown on the provided conditional zoning
plan set .
4 . Allow for Planning Director to review and approve minor changes to the approved plan , per Section
2 . 9 . 1 ( 1 ) of the Orange County Unified Development Ordinance , specific to outdoor pole lights . Pole
lights shall not exceed 14 feet and shall not be located outside the proposed " activity area " The
" activity area" shall be defined as the edge of gravel as shown on the provided conditional zoning
plan set .
5 . Initial access to the applicant ' s property shall be through the current access easement held by
Crown Castle , LLC , and improved consistent with the County ' s road improvement terms and
standards .
Orange County intends to develop the property on which the existing access easement is located
into a park for recreational activities . When that development occurs , the County will construct and
record a new access road running along the northern boundary of the property with a north /south
connection to the applicant ' s property . When that new access road is recorded , as conceptually
shown in orange on the Attachment A map , the County may demand that the applicant discontinue
use of the initial access road and exclusively access applicant ' s property using the new access
road constructed by the County . The applicant agrees to comply with the County ' s demand within
ten business days .
6 . The additional party to the current access easement , Crown Castle , LLC , shall be contacted and
their written response should acknowledge their use of the new access road once constructed , and
their abandonment of the current access easement .
7 . Approval of this plan establishes a zoning vested right under NCGS 160D - 108 . Unless terminated
at an earlier date , the zoning right shall be valid until March 19 , 2029 . Approval of this plan
establishes a zoning vested right under NCGS 160D - 108 . Unless terminated at an earlier date , the
zoning right shall be valid until March 19 , 2029 .
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 �r2� , seconded by Commissioner
Re, , the foregoing ordinance was adopted this � day of
U CkA , 2024 .
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 A CkA - ` � , 2024 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 01 day of �C -� , 2024 .
S
Clerk to the B ar of Commissioners
17 ��