HomeMy WebLinkAboutOTHER-2025-043-Statement of Consistency of a Proposed Zoning Atlas Map Amendment with the Adopted Orange County 2030 Comprehensive Plan O T rY ?09j - 14 5 'b - 7j &o / .j/jj
Attachment 7
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant- initiated amendment ( MA24 - 0006 ) to the Zoning Atlas has been reviewed to
rezone +/- 11 . 22 acres of a +/- 80 . 52 - acre parcel as follows :
Parcel I
Owner of
Identification Township Current Zoning Proposed Zoning
Number ( PIN ) Record
■ REDA- CD - 1 ( NC
■ Agricultural Residential Highway 57 Speedway
Justin Area Rural Economic
0910-24-6642 Little River Chandler Flat )River Protected Development Area
Watershed Conditional District)
■ Flat River Protected
Watershed
The Board of County Commissioners hereby finds :
a . The requirements of Section 2 . 8 Zoning Atlas and Unified Development Ordinance
Amendments and 2 . 9 . 1 Conditional Districts of the UDO have been reviewed and the
following standards conditions have been deemed acceptable :
1 . The property shall be developed consistent with the reviewed site plan and
application as acted upon by the Orange County Board of Commissioners on June 3 ,
2025 .
2 . The existing Go Kart use and tract contained on the existing 80 . 52 -acre tract shall be
terminated and shall no longer operate on site .
3 . Retail sales from the proposed rental office shall be limited to packing supplies ( i . e .
boxes , tape , 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 .
4 . 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 .
5 . No hazardous materials shall be stored on the property .
6 . 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 .
7 . The facility shall meet all applicable requirements of the State of North Carolina
Building Code .
8 . The storage facility ' s hours of operation shall not be before 6 : 00 am nor after 9 : 00
pm .
9 . Outdoor lighting fixtures shall not exceed 254eet in height from ground level . All
lighting shall be downward to minimize light trespass and obtrusive lighting .
10 . The property owner shall record a final plat dividing the +/- 11 . 22 -acre parcel from the
existing +/- 80 . 52 -acre tract within 120 days of BOCC approval of the rezoning
application .
11 . Offsite easements for water , wastewater , utilities , and access shall be recorded within
120 days after approval of the rezoning application .
12 . Offsite landscape preservation easement shall be recorded within 120 days after
approval of the rezoning application .
13 . Impervious surface transfer shall be recorded within 120 days after approval of the
rezoning application .
14 . The project shall maintain the existing vegetation on the north , south , and west sides
of the site and incorporate an offsite easement area of approximately 1 . 28 acres
along the northern , southern , and western parcel lines in lieu of standards contained
in Section 6 . 8 , Landscaping , Buffers , and Tree Protection : Street Trees , Between Lot
Plantings , Foundation Plantings , Landscaping of Vehicular Areas , and Screening of
the Unified Development Ordinance .
15 . The final landscape plan will be reviewed as part of the Zoning Compliance Permit
process . If existing vegetation contained onsite or within the recorded landscape
preservation easement area does not meet UDO standards , additional plantings shall
be required . All required landscaping plantings shall be selected from the Orange
County Preferred Plant List .
16 . All required landscaping for Phase 1 shall be installed prior to the issuance of a
Certificate of Compliance for Phase 1 allowing for the units to be rented /occupied .
Required landscaping shall be installed per phase .
17 . The applicant shall be required to maintain all required land use buffers , including
those of preserved vegetation , in accordance with the requirements of the Orange
County Unified Development Ordinance Section 6 . 8 , Landscaping , Buffers , and Tree
Protection .
18 . Proposed driveway connections with NC - 57 shall be paved with asphalt .
19 . The parking and drive aisles shall be surfaced with Type 57 washed stone .
20 . The Planning Director shall have the authority to review and approve minor changes
to the approved plan , per Section 2 . 9 . 1 ( 1 ) , Alterations to an Approved Conditional
District 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 .
b . The amendment is reasonable and in the public interest because it furthers the goals of
the adopted Comprehensive Plan , is consistent with the description of the "Agricultural
Residential " future land use , and , more specifically , the Orange County-adopted " Highway
57 Small Area Plan " . The latter document seeks , among other goals and principles , to 1 )
preserve and protect the rural character and nature of the area ; 2 ) minimize negative
impacts to natural systems/environmentally sensitive areas ; 3 ) restrict growth and
development so that it complements the rural character and lifestyles ; and 4 ) to bring
existing non - residential , non -conforming land uses into conforming uses of property
through amendments to the Zoning Ordinance and Comprehensive Plan . The proposed
amendment proposes to do just that and thereby reduce impacts from the go-kart track in
favor of a use that will support the surrounding community without creating the noise ,
fumes , traffic , and other associated characteristics historically present on this property .
As detailed in the site -specific plan and the applicant' s submitted conditions , " Bully
Storage . " the mini-storage warehouse , will serve area residents ' needs and minimize
impacts to the environment through alternative stormwater treatment methods . The
applicant is also proposing conditions to ensure that this use will not impact their quality of
life after normal business hours , and to commit to landscaping reflecting Orange County
priorities to ensure that this area is the "gateway community" envisioned in the small area
plan .
c . Pursuant to Sections 1 . 1 . 5 Statement of Intent - Amendments , and 1 . 1 . 7 Conformance
with Adopted Plans of the UDO and to Section 160D -604 (d ) Planning Board review and
comment — Plan Consistency and 160D -605 (a ) Governing Board Statement — Plan
Consistency 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 .
The 2030 Comprehensive Plan , Appendix G , Land Use Classification and Overlay
Locational Criteria , defines Agricultural Residential as agricultural activities and associated
residential and commercial uses predominate . The "storage of goods " land use is
consistent with the rural residential and non - residential uses located in the immediate area
and is less intensive than the existing quarry and solar array uses located in the area . The
project proposes a use consistent with existing land uses in the area , including an existing
self-storage business that was approved and rezoned to REDA- CZ- 1 by the BOCC in
2012 and expanded in 2021 .
The proposed low intensity land use will not create a conflict with the adjacent rural
residential uses and undeveloped properties . The applicant has committed to conditions
and a site plan that will ensure that this non - residential use will not disrupt the existing
character of this area of the County , buffering and screening adjacent parcels to minimize
impacts to any surrounding residences . As a condition of approval , this rezoning will
extinguish the land use rights of the adjacent go - kart track , which has produced noise ,
fumes , and periods of high traffic that can disrupt and negatively affect the local area .
The subject property has been designated for rural economic development within the NC
Highway 57 Speedway Area Small Area Plan ( SAP ) , approved by the County in 2007 , and
the proposed land use is consistent with the study ' s recommendations . The SAP 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 .
Per Section 3 . 8 of the Orange County UDO , the REDA- CD - 1 district shall be located
consistent with the parcels designated as " Rural Economic Development Area " within the
NC Highway Speedway Area SAP . The existing parcel is located within the Rural
Economic Development Area of the NC Highway 57 SAP , allowing for the rezoning to be
considered , and the proposed Storage of Goods use is permitted in the REDA- CD- 1
zoning district , complies with the UDO standards , and meets the standards of evaluations
as reviewed by the Planning Board and Board of County Commissioners . The conditions
of approval require the extinguishment of the land use rights for the adjacent go - kart track ,
which is a site with uses that often produce higher levels of carbon emissions , as identified
in the SAP , as well as having other impacts to the local area .
The applicant provided an Environmental Assessment as part of the application package .
Staff has reviewed and determined no significant environmental impact is expected from
this project based on existing conditions . To the extent that a fairly conventional mini -
storage warehouse is able to be environmentally sustainable , the applicant has sought the
opportunities to do so , as reflected on the site plan and the proposed conditions . The
project proposes the use of a solar photovoltaic system and energy-efficient lighting and
appliances to reduce energy consumption , as detailed in the applicant' s narrative . Water
saving measures are also proposed including low flow faucets and water efficient
landscaping practices . The applicant also has committed to the Orange County
Recommended Plant Guide for landscaping species selections , which will ensure that all
plantings are drought-tolerant , non - invasive species .
The project is located outside of the regulated 80400t stream buffer area . In addition , the
applicant is proposing the use of permeable materials (#57 stone ) on all drive aisles and
parking areas to allow for improved water infiltration and reduced stormwater runoff. The
applicant is also permanently preserving an offsite easement on adjacent property as part
of an " impervious surface transfer" and to protect existing natural vegetation off-site and
enhance landscaping and screening of the proposed use . The proposed project will utilize
an existing well and septic system to serve the future land use , as permitted by the
Orange County Division of Environmental Health
As such , MA24 - 0006 provides Orange County with certainty on the form and design ,
ensuring compatibility with surrounding land uses and consistency with both the SAP
and the Orange County 2030 Comprehensive Plan because it supports the following :
Planning Principle 2 . Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is sustainable over
the long-term .
Planning Principle 3A . Encouragement of Energy Efficiency , Lower Energy
Consumption , and the Use of Non -Polluting Renewable Energy Resource :
Decreasing the use of non -renewable resources and lowering energy consumption are
encouraged in both public and private activities. The county's transportation system
should be enhanced to promote more energy efficient modes of travel and improve air
quality.
Planning Principle 4 . Natural Area Resource Protection : Protection of the County's
natural areas, including forests, wildlife habitat, and other important open spaces should
be a priority. The County should work with regional and local organizations, the towns,
and private landowners to promote and achieve preservation of the County's important
natural resources.
Planning Principle 5 . Preservation of Rural Land Use Pattern : The County's rural
areas are a cherished component of the County's character. Future development should
preserve and enhance the county's rural landscape .
Planning Principle 6 . Water Resources Preservation : The County has finite water
resources to provide to future populations. The protection and management of the
County's water resources should be a high priority.
Planning Principle 7 . Promotion of Economic Prosperity and Diversity : Development
of a diversity of new businesses and expansion of existing businesses should occur in
Orange County.
Planning Principle 8 . Preservation of Community Character : Future growth and
development should occur in a manner that preserves and enhances the existing
character of the County, its townships, and rural crossroads communities.
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.
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.
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 .
Land Use Goal 6 : A land use planning process that is transparent, fair, open, efficient,
and responsive .
The Zoning Map Amendment MA24 - 0006 also is consistent with the NC Highway 57 Speedway
Area Small Area Plan because it supports the following principles and goals :
Principle 1 : Preservation and protection of the rural character and nature of the area .
Principle 2 : Minimization of negative impacts to natural systems/environmentally sensitive
areas.
Principle 3 : Restrict growth and development so that it complements the rural character
and lifestyles.
Goal 1 : The Study Area is located in a rural portion of the County where local residents
have chosen to reside in an effort to escape the congestion and hectic pace of urban
areas . Any additional development within the area shall augment or enhance, rather than
detract from, the rural character and nature of the area .
Goal 2 : The Study Area represents a `gateway' into the County that establishes an entry
corridor where travelers form opinions as to the quality of life within the area as a whole .
To that end, steps should be taken to address design elements within the Study Area to
aesthetically enhance this entranceway into Orange County,
Goal 3 : The lack of reliable, consistent potable water supplies and poor soil conditions
for septic drain fields limit development opportunities within the Study Area . Future
development proposals should not adversely impact existing groundwater supplies and
should be reviewed and approved with this factor in mind.
Goal 4 : Stormwater runoff shall be maintained on site in conformity with existing
standards and policies regardless of the age or approval date of the project.
Goal 5 : Air quality issues shall be an intricate part of any future permit reviewed within
the Study Area .
Goal 6 : Existing non -residential, non -conforming land uses should be made into
conforming uses of property through amendments to the Zoning Ordinance and
Comprehensive Plan and should then be brought into compliance with existing, or
proposed, development criteria to address off-site impacts .
The Board of County Commissioners adopts this Statement of Consistency and the findings
expressed herein .
Vote : For , Against
3 . 0 &
Jame to Bedford , Chair Date