HomeMy WebLinkAboutORD-2015-030 Ordinance Amending the Orange County Zoning Atlas PAP --d 645
Ordinance
ante#:ORD-201 S 030
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by Hart's
Mill LLC and Ms. Alana Ennis 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 112 acre parcel of property, further identified
utilizing Orange County Parcel Identification Number (PIN) 9835-74-8573, to Master Plan
Development Conditional Zoning District (MPD-CZD) for the purpose of developing the Hart's Mill
Hart's Mill Village, a 34 unit residential farm community.
WHEREAS, The applicant has voluntarily chosen to establish development and land use
limitations on the project to ensure residential and farm activities do not conflict with one another.
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 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 112 acre portion of the aforementioned
parcel to Master Plan Development Conditional Zoning (MPD-CZ) and allow development of
the Hart's Mill Village as detailed on the submitted site plan.
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 village oriented residential/farming
community as denoted on the submitted site plan.
2. County 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 180 days of approval.
3. In accordance with the submitted application and site plan, development of the
project shall be limited as follows:
a. Permitted residential density for project shall be limited to 1 dwelling unit
for every 3 acres of property with an overall limit of 34 dwelling units
constructed on the property.
b. Allowable Land Uses for the project shall include:
i. Farm operations (i.e. animal husbandry, forestry activities, crop
production, processing, etc.)
ii. Accessory farm structures including, but not limited to:
a. A maximum of 4 houses
b. A maximum of 4 garages/barns for farm equipment/vehicle
maintenance and storage, farm product processing and
storage, etc.
c. Woodworking shop
d. Produce processing center (washing/packing area)
e. Pottery studio with kiln.
iii. Single-family and two-family (i.e. duplex) residential units.
iv. Community House, limited to a total square footage of 6,000 sq. ft.,
with common facilities including, but not limited to: laundry facilities,
mail room, activity room, and community kitchen.
v. Administrative office including meeting facilities for local residents.
vi. Accessory uses including:
a. Customary accessory uses for individual residential units
b. Maximum of 2 art/hobby studios for use by local residents
not to exceed a total square footage of 1,000 sq. ft. per
building
c. Minor home occupations shall be allowed for each
residential dwelling unit. Such uses shall be reviewed and
acted upon in accordance with the UDO
d. Parking area/garages
e. Electric car/golf cart charging stations.
vii. Solar Array — Large Facility to be reviewed and acted upon in
accordance with the provisions of Section(s) 2.7 and 5.9.6 of the
UDO.
viii. Recreational land uses — recreation uses for local residents shall be
allowed including:
a. Walking trails/paths
b. Multi-purpose athletic fields, as shown on the approved site
plan, supporting such activities. No infrastructure (i.e.
outdoor field lights, buildings, etc.) shall be permitted
c. Individual recreational uses for residences treated as
customary accessory land uses.
c.Setbacks:
i. No residential structure shall be located within 100 ft. of the
perimeter of the property line.
ii. No farm structure housing animals shall be located within 40 ft. of
the perimeter property line.
iii. All residential structures shall observe the following setbacks from
identified residential spaces:
a. Front Yard: 5 ft
b. Side Yard: 5 ft
c. Rear Yard: 5 ft
d. All structures shall comply with minimum spacing
requirements established within NC State Building Code for
separation between structures.
d. Ratio standards:
a. Minimum Percentage of Open Space for project: 80% or 89
acres. Farm/pasture operations, roadways and parking
areas, as well as off-site septic areas shall be allowed within
this open space area
b. Maximum Allowable Floor Area Ratio (i.e. the cumulative
amount of floor area for the project): 0.10
c. Required Recreation Space Ratio, minimum: 0.031.
e. Landscaping shall be installed on every individual residential space in
accordance with the following standards:
i. Preferred Plant Species - For landscaping purposes in the village,
the Hart's Mill Land Use Committee (hereafter 'Committee') will
develop a list of preferred species that will be founded on principles
of being native, drought tolerant, and well adapted to Orange
County, and also support shading, screening, solar access, and
aesthetic enhancement goals. It will also include edible landscaping
species.
This list will synthesize planting recommendations from the
Cooperative Extension Service, NC Botanical Gardens, NC Native
Plant Society, and other sources identified by the Committee that
are consistent with the vision, missions, and goals of Hart's Mill
Village.
ii. Prohibited Plants - Invasive species recognized by the North
Carolina Invasive Plants Council for the Piedmont shall be
prohibited.
iii. Location and Width of Land Use Buffers - Except at the property
entrance, land use buffers shall be 20 ft. wide. The buffer at the
project entrance street shall be 10 ft. in width along the northern
property line on the narrow portion of the site beginning at Frazier
Road and continuing approximately 1000 linear feet to the point at
which the property widens. At that point, the buffer will transition to
20 ft. in width.
iv. Preservation of Natural Buffers:
1. If there is existing, healthy, natural vegetation in the area of a
required buffer, it must be preserved. If the vegetation is
removed for any reason, other than in accordance with an
approved landscape and tree preservation plan, the number
of required plantings shall be increased 50%.
2. The critical root zones of trees within the buffer must be
protected if the applicant seeks credit for preservation of
existing trees.
3. If necessary, a natural buffer will be supplemented with
additional plantings in order to meet the Constructed Buffers
standards established herein.
v. Constructed Buffers:
1. If existing vegetation is not sufficient to meet the buffer
standards established within the conditions of approval for
the project or within the LIDO, additional plantings shall be
installed consistent with the Type A land use buffer
standards detailed within Section 6.8.6 (F) of the UDO.
vi. Fences and Walls:
1. Fences and walls shall be compatible with building
architecture as determined by the Committee.
2. Fences and walls shall be setback a minimum of ten feet
from any property line adjoining a road right-of-way, either
public or private, to ensure adequate site visibility.
3. Fences shall not exceed 12 feet in height.
4. Chain link fencing is not permitted in areas visible from
adjacent residences, parking areas, street or pedestrian
walkways unless it is screened through use of evergreen
shrubs or vines.
vii. Credit for Other Landscaping - Plant material in project boundary
buffers may be counted towards the planting requirements of this
section when located to serve both functions.
f. Provision of wastewater disposal services: Wastewater shall be disposed
of via a shared septic area, as denoted on the approved site plan, as
approved by the Orange County Health Department and the State of North
Carolina.
In cases where an individual septic system is required for a land use
located within the farmstead portion of the project, this system shall be
reviewed and approved by the Orange County Health Department.
g. Water service to individual buildings shall be through a water system
served by Orange Alamance Water System.
Individual wells shall be limited to those developed in support of
agricultural operations or for residences located within the farmstead
portion of the project as denoted on the approved site plan.
In the event water service cannot be provided by Orange Alamance Water
System, utilizing the existing infrastructure, to meet the applicable water
quality and/or pressure standards, individual wells or a community well
shall be permitted if approved by the appropriate agency.
h. Access: access to the project shall be through a single access point on
Frazier Road. No additional vehicular access points shall be developed.
i. Parking: all vehicles shall be parked in designated areas as identified on
the site plan. A total of 70 parking spaces shall be provided for residents
and their guests.
4. 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.
5. 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.
6. 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.
7. The applicant shall be required to obtain final approval for the location and
access of a central mail kiosk providing mail service to local residents by the
Postmaster General in consultation with the North Carolina Department of
Transportation and County Planning staff.
The applicant shall provide the Orange County Planning Department with a copy
of any documentation from the Postmaster General and/or the Department of
Transportation of this approval.
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 Orange County
Planning Department in accordance with the provisions of the Orange County
Unified Development Ordinance.
10.The Orange County Fire Marshal shall review and give final approval to road
layout and construction methodology prior to the initiation of land disturbing
activities. The Fire Marshal shall also review and approve the final location of the
emergency fire access roadway and location of the proposed stand-pipe prior to
installation.
11.The Orange County Fire Marshal shall review and give final approval to proposed
water lines prior to the initiation of land disturbing activity. The ultimate required
size of said lines serving the project shall be based on the results of the
application, which shall include water flow test data for the project.
12.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.
13.Required landscaping for residences located within the village area of the project,
as denoted on the approved site plan, shall be installed prior to the issuance of a
Certificate of Occupancy for each individual residential structure or the proposed
common house.
14.The applicant shall coordinate with Orange Alamance Water System, Orange
County Emergency Services, and the Efland Volunteer Fire Department to hold a
fire-flow test for the proposed fire hydrants. The test shall be certified by the
various parties as complying with applicable State Fire Code standards with
respect to necessary water flow.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon i doption.N.
Upon moti4no mmis sioner seconded by
Commissioner the foregoing ordinance was adopted this
-5day of , 2015.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the fore oing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2015 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 ,
2015.
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