HomeMy WebLinkAbout10.5.22 Planning Board Packet ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, October 5, 2022
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
INFORMATIONAL ITEMS
2' 3 - 4 a. Planning Calendar for October and November
b. Countywide Strategic Plan and Comprehensive Land Use Plan
Update
• Staff will provide a verbal update on these topics
3. 5 - 8 APPROVAL OF MINUTES
September 7, 2022 Regular Meeting Minutes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
No. Page(s) Agenda Item
6. CHAIR COMMENTS
7. 9 — 18 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS —
NEIGHBORHOOD INFORMATION MEETINGS - To make a recommendation to
the BOCC on proposed amendments to the UDO pertaining to
Neighborhood Information Meetings. This item was introduced at the
August 3, 2022 ORC meeting and is scheduled for a BOCC public
hearing in November.
Presenter: Tyler Sliger, Planner II
8. 19 — 51 ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) - To review and
make a recommendation to the BOCC on an applicant-initiated zoning
atlas amendment to rezone a 7.05 acre portion of property, which totals
54.23 acres, from AR (Agricultural Residential) to NR-CD (Non-
Residential Conditional District).
The parcel is located at 9825 NC Highway 49 in the Cedar Grove
Township (PIN 9940-46-0359). This item is scheduled for a BOCC
public hearing in November.
Presenter: Brian Collie, Planner II
9. ADJOURNMENT
Written Comments
Interested persons who cannot attend the meeting in-person are invited to submit written
comments on agenda items to the Planning Board via email at
plan ningboard .orangecountync.gov no later than 3:00 p.m. on the afternoon of the
meeting. Please include in the Subject line of the email the title of the agenda item your
comment pertains to. Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00
p.m. Monday through Friday). Written comments will be scanned and sent by staff to the
email address indicated above.
Review Process
The Planning Board is an appointed volunteer advisory board which makes
recommendations to the Board of County Commissioners (the elected officials). The Board
of County Commissioners holds a formal public hearing and makes decisions. Section 2.8
of the County's Unified Development Ordinance contains a flowchart depicting the entire
review process for rezoning and text amendment applications.
3
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1
Notes:
*Planning Board Member Attendance Required
Planning Board meetings are held in room 230 on
the second floor of the Whitted Building located at
300 W.Tryon St., Hillsborough, NC 27278
2 3 4 5 6 7 8
BOCC Planning Board
Business Meeting
Meeting 7:00 pm*
7:00 pm
Whitted Bldg. Whitted Bldg.
9 10 11 12 13 14 15
Board of
Adjustment
7:00 pm
Whitted Bldg.
16 17 18 19 20 21 22
BOCC
Business
Meeting
7:00 pm
Whitted Bldg.
23 24 25 26 27 28 29
BOCC
Work Session
7:00 pm
30 31 Whitted Bldg.
Notes:
*Planning Board Member Attendance Required
4
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
BOCC Planning Board
Business 7 p.m.*
Meeting
7 p.m. Whitted Bldg.
Whitted Bldg.
6 7 8 9 10 11 12
BOCC Work
Session
7 p.m.
Whitted Bldg.
13 14 15 16 17 18 19
BOCC Special BOA
Business Meeting
Meeting 7 p.m.
7 p.m.
Whitted Bldg.
Whitted Bldg.
20 21 22 23 26
27 28 29 30
Notes:*Planning Board Member Attendance
Required
Planning Board meetings are held in room 230 on
the second floor of the Whitted Building located at
300 W.Tryon St., Hillsborough, NC 27278
5
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 SEPTEMBER 7,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative; David Blankfard, Hillsborough Township
7 Representative; Statler Gilfillen, Eno Township Representative;; Beth Bronson,At-Large Representative; Randy Marshall,At-
8 Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large Representative;Charity
9 Kirk,At-Large Representative; Delores Bailey,At-Large Representative; Steve Kaufmann, Bingham Township Representative
10
11 MEMBERS ABSENT: Adam Beeman (Chair), Cedar Grove Township Representative; Melissa Poole, Little River Township
12 Representative;
13
14 STAFF PRESENT: Cy Stober, Planning & Inspections Director;Chris Sandt,Staff Engineer; Tina Love,Administrative Support
15
16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
17 Vice-Chair Lamar Proctor called the meeting to order.
18
19 AGENDA ITEM 2: INFORMATION ITEMS
20 a. Planning Calendar for September and October
21
22 AGENDA ITEM 3: APPROVAL OF MINUTES
23 August 3, 2022 Training/Ordinance Review Committee(ORC) Notes
24 August 3, 2022 Regular Meeting Minutes
25
26 MOTION BY Steve Kaufmann to approve the August 3,2022 Training/ORC Note and the August 3,2022 Regular Meeting Minutes.
27 Seconded by Charity Kirk.
28 MOTION PASSED UNANIMOUSLY
29
30 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA.
31 There were none
32
33 Randy Marshall: Did the BOCC hear the White Cross rezoning item?
34
35 Cy Stober: It was withdrawn by the applicant after the Public Hearing was noticed; per the UDO that resulted in an automatic
36 denial of the request.We do understand that the applicant is interested in pursuing a Conditional Zoning request in the future.
37 The same or similar rezoning request cannot be made within one year of the denial. The rezoning request for the Efland area to
38 1-2 was considered by the Commissioners last night and was approved unanimously.
39
40 AGENDA ITEM 5: PUBLIC CHARGE
41
42 INTRODUCTION TO THE PUBLIC CHARGE
43 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the
44 Orange County Planning Board(OCPB)to uphold the written land development law of the County. The general
45 purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in
46 a manner, which considers the present and future needs of its citizens and businesses through efficient and
47 responsive process that contributes to and promotes the health,safety,and welfare of the overall County. The
48 OCPB will make every effort to uphold a vision of responsive governance and quality public services during our
49 deliberations, decisions, and recommendations.
50
51 PUBLIC CHARGE
52 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct
53 themselves in a respectful,courteous manner, both with the Board and with fellow citizens. At any time,should
54 any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending
55 member to leave the meeting until that individual regains personal control. Should decorum fail to be restored,
56 the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed.
6
DRAFT
57 AGENDA ITEM 6: CHAIR COMMENTS
58 There were none
59
60 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL,
61 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on
62 proposed amendments to the LIDO pertaining to provisions for erosion &sedimentation control,stormwater,
63 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting, reviewed at the
64 May 4,2022 Planning Board meeting and is scheduled for BOCC public hearing on October 3,2022
65 PRESENTER: Chris Sandt, Staff Engineer
66
67 Chris Sandt reviewed the item and presented a short PowerPoint Presentation then answered questions.
68
69 Beth Bronson: So there is no easement over stormwater runoff on private property if it is included within the plan?
70
71 Chris Sandt: We do require easements and as part of the Stormwater Management Plan (SMP)approval,staff ensures the
72 developer has recorded an access easement to get to the Stormwater Control Measure (SCM). There is a difference between
73 us being able to access it to inspect it or going and actually making improvements on private property without the proper legal
74 instruments in place.
75
76 Cy Stober: Stormwater performance is arguably covered by a potential Notice of Violation (NOV)item that we could enforce
77 through the enforcement tools of Article 8 as an agreement because we will have an agreement with that device holder. We will
78 have legal enforcement tools to address it. They are more protracted and less immediate than what would be allowed under a
79 maintenance guarantee but the maintenance guarantees and the long-term holding of assurity of some form presents
80 challenges for the legal department,the planning department but also the finance department. We are pursuing that. It is
81 largely dealt with in general statute by watershed protection rules as opposed to the erosion and sediment control statutes and
82 the stormwater statutes. We also have to open a different can of worms to start addressing that but we can continue enforcing
83 them under Article 8 and we will.
84
85 Lamar Proctor: Where it says it will eliminate County requirements for Stormwater Control Measure maintenance guarantees, is
86 that eliminated from the UDO?
87
88 Chris Sandt: The existing LIDO has a reference to maintenance securities for SCMs but there isn't much meat to it and it was
89 causing a lot of confusion. It was put in the LIDO back in 2012, 1 believe, and was kind of a placeholder. It wasn't being
90 enforced as well as it should have been because of the logistics of managing that money,there isn't enough staff to do that.
91 We've essentially removed that reference to the SCM maintenance guarantee. It will no longer be in the LIDO.
92
93 Lamar Proctor: I understand,that would be a complicated issue to hold money or bond.
94
95 Beth Bronson: If there were to be a change, in NC Statute Article 15 Section 4,since we have to follow the state guidelines, if
96 the state guideline were to be updated past the time your permit is given but construction is not completed, is there any
97 requirement they would have to update those plans based on new information?
98
99 Chris Sandt: One of the key things we've put into this UDO text amendment because of that issue, because the state is
100 constantly updating,we have clarified language within Section 6.14 and 6.15 to defer to the most current general statute. It is
101 worded in a way we won't have to go in and update the UDO every time the state changes terminology or issues a new rule.
102
103 Statler Gilfillen: If a developer has gotten through all the approvals and they start work and the state makes a major change to
104 the laws, is that developer grandfathered in with those approvals or he is bound be the new law that would upgrade it?
105
106 Chris Sandt: That happens a lot in planning. They are grandfathered,you are obligated to meet state rules and regs at the time
107 of submittal. If you want to expand a project then the new work is subject to current rules.
108
109 Whitney Watson: Is there something in the UDO that encourages the use of permeable surface for parking areas.
110
111 Chris Sandt: We accept those types of applications, however,they are kind of treated like an SCM but it has to be designed
112 and sealed by an engineer,you need an operational maintenance agreement—that's the big thing with those types of surfaces,
7
DRAFT
113 they tend to get clogged over time. They get compacted and then they turn into impervious pavement. A lot of times they refer
114 to the 57 stone option for areas that are not traffic loaded.
115
116 Whitney Watson: When I see extremely long driveways,would that have required a permit.
117
118 Chris Sandt: Yes,that's a common problem when there is a larger lot,when there is a long,deep lot and someone wants to
119 build at the back. For the developer,there are limits and it varies by zoning district but you have impervious limits and you can
120 only put so much pavement down and that includes the driveway.
121
122 Whitney Watson: How are farms treated in regard to stormwater control?
123
124 Chris Sandt: We get that question a lot. If they have bona fide farm status they are subject to the state's interpretation and yes
125 they can allow sediment to leave the site and they are not held to that higher standard that we would hold a residential or
126 commercial project,We are an agricultural state. However, if they put a residential property on the farm,that residential portion
127 of the farm is subject to the UDO.
128
129 Randy Marshall: So all these homes and farms that have long driveways are probably all grandfathered in because they
130 preexisted these ordinances and what you are really talking about is new development.
131
132 Chris Sandt: Yes sir.
133
134 Statler Gilfillen: We are seeing large developments being proposed,you are describing a process that is an insurance that a
135 developer will pay long-term and short-term to make sure the public interest is best protected. Do you have a sense in the
136 development process of that percentage that costs a developer?
137
138 Chris Sandt: That's not something I can put a number on. These developments vary but yes it does induce a cost. We have
139 bigger buffers in this county than the state minimum. For stormwater and erosion control we can't ask to go above and beyond
140 state minimum.
141
142 Cy Stober: I think the best that we can do to represent that is to say more about the amount of land that could be consumed by
143 a development for standard, residential subdivision without utilities, I think it would be fair to estimate that 40 to 50% of the land
144 is going to be dedicated to either stormwater management or septic treatment. I think that is conservative and fair.
145
146 Chris Sandt: And buffers.
147
148 Lamar Proctor: Is there anything in these LIDO text amendments that changes substantively the older, previous version of the
149 LIDO that impacts the Comprehensive Land Use Plan. Something that is substantive and substantial?
150
151 Chris Sandt: My first answer would be no. Essentially we are clarifying a lot of things in conformance with the ordinances. It's
152 really getting our definitions up to current state model ordinance definitions and the performance guarantee clarifications.
153
154 Lamar Proctor: Do we have any other questions or comments?
155
156 MOTION BY Whitney Watson to adopt the Statement of Approval and Consistency that is attachment 1 and finding that the LIDO
157 text amendments are consistent with our Comprehensive Plan as well as consistent with North Carolina General Statutes.
158 Seconded by Statler Gilfillen.
159 MOTION PASSED UNANIMOUSLY
160
161 The Planning Director and Planning Board members held a discussion on holding future Planning Board meeting in the Whitted
162 Building. The consensus was to make that change through the calendar year and potentially beyond.
163
164 AGENDA ITEM 8: ADJOURNMENT
165 Meeting was adjourned at 8:07 p.m.
166
167
168 Adam Beeman, Chair
9
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 5, 2022
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance Text Amendment - Neighborhood Information
Meetings
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Consistency Tyler Sliger, Planner II (919) 245-2586
2. Proposed Unified Development Ordinance (UDO) Cy Stober, Director (919) 245-2592
Text Amendment
PURPOSE: To review and comment on County-initiated amendments to the Unified
Development Ordinance (UDO) to require the applicant hold a Neighborhood
Information Meeting instead of the current practice of Planning staff coordinating the
meeting.
BACKGROUND: Neighborhood Information Meetings (NIMs) are a required step in the
review procedures for several types of Planning applications. Specifically, NIMs are
required for the following applications:
• Special Use Permits (UDO Section 2.7.5),
• Conditional Districts (UDO Section 2.9.1),
• Minor and Major Subdivisions (UDO Sections 2.14.4 and 2.15.2), and
• Governmental Uses (UDO Section 2.24).
The purpose of a Neighborhood Information Meeting is to educate the attendees on the
proposed project. Since it's currently a requirement for staff to schedule, host, and go
over the project with the public, this puts the burden on staff and can give interested
persons the impression that staff has a bias on the project. To eliminate this confusion
staff is recommending the proposed changes to put the responsibility on the applicant
instead of staff. This item was presented at the August 3rd ORC meeting (meeting
materials available at: https://www.orangecountync.gov/AgendaCenter/Planning-Board-
26). Since the August 3 ORC meeting, the County Attorney's staff has completed its
review of the proposed amendments which resulted in minor edits but did not change
the intent or expected outcome of the proposed amendments.
Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement
with the Towns of Chapel Hill and Carrboro, the amendment package was sent to the
Town planning staffs on August 30, 2022. To date, Orange County staff has not
received any comments from the Towns.
10
Planning Director's Recommendation: The Planning Director recommends approval of
the:
1. Statement of Approval and Consistency indicating the text amendments are
reasonable and in the public interest, as contained in Attachment 1.
2. Amendments to the Unified Development Ordinance (UDO), as contained in
Attachment 2.
FINANCIAL IMPACT: There are no costs associated with this project other than the
use of staff time and the required legal advertisement. County staff has and will
continue to accomplish the necessary tasks associated with amending the UDO and
the legal advertisement will be paid from budgeted funds for this purpose.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Review the proposed UDO text amendments and deliberate as desired,
2. Consider the Planning Director's recommendation, and
3. Make a recommendation to the BOCC on the Statement of Approval and
Consistency (Attachment 1) and the proposed UDO text amendments
(Attachment 2) in time for the November 1, 2022 BOCC meeting.
11
Attachment 1
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
revise its requirements for Neighborhood Information Meetings.
The Planning Board hereby recommends approval of the proposed text amendment and
issues this Statement of Consistency pursuant to NC GS § 160D-604 (d)Planning board review
and comments—Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment is consistent with the applicable plan because it supports the following:
a. Comprehensive Plan Land Use Goal 6: A land use planning process that is
transparent, fair, open, efficient, and responsive.
b. Comprehensive Objective LU-6.1: Undertake a comprehensive effort to inform
and involve the citizens of Orange County in the land use planning process.
4. The amendment is reasonable and in the public interest because it encourages
communication between the applicant and the public while allowing County staff to
maintain neutrality.
The Planning Board hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
Adam Beeman, Chair Date
12
13
Attachment 2
The following pages contain Unified Development Ordinance (UDO) amendments to our
Neighborhood Information Meeting (NIM) standards. These revisions are geared to help
residents get a better understanding of projects that require a NIM.
Within this amendment package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development-Ordinance-PDF
14
SECTION
2.7.5 Neighborhood Information Meeting
(A) Before an Evidentiary Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information moo+inn Neighborhood Information
Meeting. The purpose of the meeting is to obtain surrounding property owner input and
comments on the proposed development project and allow staff an opportunity to explain
the review process associated with the request.
(B) The applicant shall obtain n or+„GWReF mailing address infOrmatinn from the nraRgG
Geunty RaRRing DepartmeRt whiGh shall utilize Orange GGURty Land RGGerds data, and
shall moil n0tiGes of the mooting date and time send notice of the meeting via first class
mail to each property owner within one thousand feet of the property for which a Special
Use has been requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary and the
mailing address of the property owners.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 40-14 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 45 days prior to the date of the Evidentiary
Hearing.
(F) The applicant shall submit a written report of the Neighborhood Information Meeting to
the Planning Department before an Evidentiary Hearing is heldsan be S^heduled
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; and a summary of issues discussed at the meeting.
/C\/(_\ �Ioi..hhnrh,,.J infrrmo+inn moo+inno Neighborhood Information Meetings for
telecommunication facilities shall be held in accordance with the provisions of Section
5.10.8 (B) (2).
15
SECTION • •
2.9.1 Conditional Districts
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a
Conditional District, the applicant is required to schedule, with the assistance of
the Planning Department a minimum of one neighborhood information meeting
Neighborhood Information Meeting (NIM). The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed
development project.
(2) Theo nliGant shall obtain n erfii o ailing address information from the
Qrange CGS Rty Planning Department and shall mail nGtiGes of the meeting date
and time via first Glass mail to each property owner within one thousand feet of
the property for which a Conditional District has been requested. The applicant
shall send notice of the meeting via first class mail to each property owner within
one thousand feet of the property for which a Conditional District has been
requested. The applicant shall use Orange County Land Records data to
determine which parcels are within the one thousand foot notification boundary
and the mailing address of the property owners.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of--1-8 14 days prior to the date of the meeting.
(5) The applicant shall submit a written report of the Neighborhood Information
Meeting to the Planning Department before a Public Hearing can be schedu ledis
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; a roster of the persons in attendance at the meeting; a summary
of issues discussed at the meeting; and a description of any changes to
the application made by the applicant as a result of the meeting.
{�)(6) The meeting shall be held a minimum of 14 days prior to the date of the Planning
Board meeting where the application is scheduled for review.
16
SECTION - • - SUBDIVISIONS
2.14.4 Concept Plan
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option
(1) A minor subdivision application using the Flexible Development Option shall
require a Neighborhood Information Meeting NIM if it proposes more than five
lots, excluding open space.
(2) Upen aGGeptan^eAs a component of a Concept Plan application, the PlaRning
DireGtGr applicant shall schedule a Neighborhood Information Meeting (NIM4 and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(3) Notices of the NIM shall be mailed by first class mail at least ten 14 days prior to
the date of the meeting.
(4) The Fannin^ DireGt„r applicant shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least seven 14 days prior to the NIM. The NIM shall
be held a prior to Final Plat Application submittal.
(5) The purpose of theAt the NIM is for the,t#e applicant to present the proposed
Concept Plan to persons in attendance, shall be avail to answer questions
about the proposed subdivision, and to receive comments from neighboring
property owners for the purpose of improving the proposed subdivision design.
(6) The PlanningDrrireG4roFshall explain the subdivision approval process and
;E;E;ueTThe applicant shall submit a written report of the Neighborhood
Information Meeting to the Planning Department before submitting a Final Plat
application for the subdivision.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
17
SECTION • - SUBDIVISIONS
2.15.2 Concept Plan
(D) Neighborhood Information Meeting
(1) Upon acceptance As a component of a Concept Plan application, the Planning
D+resteF-applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County
Land Records data and mail notices of the meeting to each owner of property
within one thousand feet of the property proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least 14ten days prior to
the date of the meeting.
(3) The applicantPlann'n^ Dir^^+^r shall place a sign on the affected property
indicating the total number of lots proposed, the date, time, and location of the
NIM; and the Planning Department telephone number. The sign shall be posted
on the affected property at least 14seven days prior to the NIM. The NIM shall
be held a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be reviewed.
(4) At theThe purpose of the NIM, is for;the applicant to present the Concept Plan to
persons in attendance,^"all be avail ahlo to answer questions about the proposed
subdivision, and to receive comments from neighboring property owners for the
purpose of improving the proposed subdivision design.
(5) The Planning DireEtGF shall explain the subdiyisinn a al PFOGess and shall
identify meeting dates of the Rannin.. Beard and Beard Of CGMMissinn^rs a+
and,le.r as The applicant shall submit a written report of the Neighborhood
Information Meeting to the Planning Department before submitting the
Preliminary Plat.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
18
SECTION - GOVERNMENTALUSES
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land
use category as detailed within Section 5.2.
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input, a noighhnrheed information moo+in
Neighborhood Information Meeting (NIM)shall be held prior to the submittal of a site plan
application. The purpose of this meeting is to obtain surrounding property owner input
and comments on the proposed development.
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans, small area plans, solid waste management master
plans, library master plans, etc.
(B) The Planning Department shall assist the applicant with the scheduling of the
notghborhood inform +inn meeting.
(C)(B) The applicant shall obtain property owner mailing address information from the PIaRRiRg
Department, who shall „+irzo Orange County Land Records data,and shall mail notices
of the meeting date, place, and time via first class mail to each property owner within one
thousand feet of the subject property.
kMLQL_The notices shall be mailed a minimum of 14 days prior to the date of the meeting.
PLPJ_The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 140 days prior to the date of the meeting.
{F) ELThe applicant shall submit written certification that the notices were mailed in compliance
with the requirements of this subsection. The written certification shall denote the date of
the mailing as well as a synopsis of comments from the meeting as part of the site plan
application. The applicant shall also provide a written response on what steps, if any,
were taken to address said comments.
(F) The applicant shall submit a written report of the Neighborhood Information Meeting to
the Planning Department.
(1) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of contact;
the time, date, and location of the meeting; a roster of the persons in attendance
at the meeting; a summary of issues discussed at the meeting; and a description
of any changes to the application made by the applicant as a result of the
meeting.
(G) A neighborhood information mooting Neighborhood Information Meeting shall not be
required in cases where an applicant is proposing to expand facilities less than 50% of
existing floor area.
19
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 5, 2022
Action Agenda
Item No. 8
SUBJECT: Application for Zoning Atlas Amendment — Part of Parcel (PIN: 9940-46-0359)
Located at 9825 NC Hwy 49, Cedar Grove
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Application Brian Collie, Planner II, (919)-245-2599
2. Vicinity Maps and Maps Depicting Parcel Cy Stober, Planning Director, (919)-245-2592
& Surrounding Zoning and
Comprehensive Plan Future Land Use
Map
3. Neighborhood Information Meeting Notes
4. Planning Board Notification Materials
and Certification
5. Statement of Consistency
6. Ordinance including Draft Conditions of
Approval & Site-Specific Plan
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on an applicant-initiated Zoning Atlas Amendment to rezone +/-7.05 acres of a 54.23
acre parcel (PIN: 9940-46-0359) located at 9825 NC Hwy 49, at the intersection of NC Hwy 86
and NC Hwy 49, within the Cedar Grove Township of Orange County. The proposed rezoning
for only the +/-7.05-acre area is:
FROM: AR (Agricultural Residential)
TO: NR — CD (Non — Residential Conditional District)
BACKGROUND: The basic facts concerning this application (Attachment 1) are as follows:
Applicant: Elcan & Associates, Inc.
2862 Daphin Street
Mobile, AL 36606
Parcel Information: A. Parcel and Size: PIN 9940-46-0359. A +/-54.23 acre parcel.
Note: If the rezoning is approved, the 7.05 acre area will be
subdivided to be a separate parcel.
B. Township: Cedar Grove
C. Current Zoning: Agricultural Residential (AR); South Hyco Creek
Protected Watershed Overlay District.
20
D. Requested Zoning: Non — Residential Conditional District (NR —
CD); no amendments to the existing watershed overlay district
are proposed.
E. Future Land Use Map (FLUM) Designation: Rural Industrial
Activity Node (see map in Attachment 2).
F. Growth Management System Designation: Rural Designated
G. Existing Conditions/Physical Features: The parcel currently
has no structures but in past years was a commercial
landscaping business. There is a Cedar Grove Township
welcome sign on site but no organization is known for
maintenance or ownership responsibilities. The topography is
relatively flat and open.
H. Roads: The parcel has +/-1,000 ft. of frontage along NC Highway
86 on the east side of the parcel and +/-980 feet of frontage along
NC Hwy 49 on the west side of the parcel.
I. Water and Sewer: The property is not in an area served by
public water/sewer. Water and wastewater services will be
provided via a private well and septic system that meet Orange
County Environmental Health standards.
Surrounding Zoning: North: Agricultural Residential (AR) and
& Land Uses: Orange/Caswell County line with one church;
South: Agricultural Residential (AR) with no development;
West: Agricultural Residential (AR) with no development; and
East: Agricultural Residential (AR) with one residential home
and a Voluntary Agricultural District with a working farm.
Development Process, Schedule, and Action: The typical cadence for the review of a
Conventional District Zoning Atlas amendment is:
• FIRST ACTION — Submission of a Conditional District Rezoning application with
required supporting documents by the property owner.
STAFF COMMENT. The applicant submitted the required application and
documents on July 5, 2022. A Neighborhood Information Meeting was held on
September 13, 2022 at 4:00 at the Orange County Public Library.
• SECOND ACTION — The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
STAFF COMMENT. The Planning Board will begin its review on October 5, 2022.
• THIRD ACTION — The BOCC receives the Planning Board recommendation, holds an
advertised public hearing, and potentially makes a decision after the hearing (either
the evening of the hearing or at a subsequent BOCC meeting).
STAFF COMMENT: Earliest public hearing date is November 1, 2022.
Conditional District Rezoning: A conditional zoning district with the sole specific permitted retail
use, as detailed and defined within the Unified Development Ordinance and as authorized by
NCGS 160D-703. Per NCGS 160D-703, imposed conditions and site-specific standards are
21
limited to those that address conformance of the development and use of the site to local
government ordinances and adopted plans or the impacts reasonably expected to be generated
by the development or use of the site. Per Section 2.9.2 (F) (3) of the 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, 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.
This request involves a property owner seeking to change the zoning designation of a portion of
their property (+/-7.05 acres) from Agricultural Residential (AR) to Non—Residential Conditional
District (NR—CD) specifically only for a retail use. A formal site plan is required as part of a
conditional rezoning application and has been submitted (Attachment 1). Approval of a site-
specific plan is part of the conditional district rezoning process, and the site plan and any
agreed-upon conditions are binding to the development footprint permitted for the zoning district.
Staff has recommended the imposition of conditions, as included in the Ordinance in Attachment
5. The following conditions deviating from the UDO have been requested by the applicant:
A. Planting Requirements (Section 6.8.71: Relief from having to provide 300-square
foot Terminal Islands in parking rows of 10 or more spaces, as required by Subsection
(D)(2)(b)(i);
B. Off-Street Parking Requirements (Section 6.9.7): Relief from providing the 53
parking spaces required, conditional on provision of 51 parking spaces instead; and
C. Driveway Access: Responsive to NC Department of Transportation comments, right-
and left-turn lanes shall be provided at the NC Highway 86 North driveway.
Proposal: The applicant is requesting the conventional zoning designation be changed from
Agricultural Residential (AR) to a conditional zoning designation of Non—Residential Conditional
District (NR—CD) stating:
"Family Dollar Prospect Hill is a proposed retail development, situated at the intersection
of NC 49 and NC 86, in northern unincorporated Orange County. The 49.58-acre site
owned by Charles A. Wells will be subdivided into an approximately 7.05-acre triangular
parcel at the intersection bordered by NC 49 to the west and NC 86 to the east. On this
new parcel, Elcan & Associates, Inc., as developer, proposes to construct an
approximately 10,431-square foot retail building with associated sidewalk, parking area,
and one new driveway access onto each road.
The parcel is currently zoned Agricultural Residential and is bordered by similarly zoned
properties. Immediately adjacent uses are agricultural, residential, and wooded land.
This development proposes an amendment to change the new 7.05-acre parcel to a
Non-Residential Conditional District designation to allow the proposed retail use, a
combination Family Dollar/Dollar Tree store providing grocery, general retail and dollar
store products in one location — a use intended to serve the needs of local residents.
The existing site has a gravel drive, pump house and small log structure that will all be
demolished. Soils on-site consist chiefly of Helena-Sedgefield complex at 0-to-2 percent
22
slopes, with a hydrologic soil group of D, and Helena sandy loam at 2-to-8 percent
slopes, with a hydrologic soil group of D. An on-site infiltration SCM is proposed per
Orange County stormwater requirements and will incorporate soil amendment to
provide a well-drained bottom. Roof downspouts will be captured by a common leader
and routed to the SCM; the parking lot runoff will be separately captured by grated inlets
and routed to the SCM.
The total area of the limits of disturbance are currently estimated at 85,000 sf for these
improvements, including driveway aprons and utility connections. Temporary gravel
construction entrances will control sediment tracking onto the adjacent highways. Silt
fence will be provided at the perimeter of all site disturbance. The final site plan will
show all areas of required revegetation, as well as requirements for temporary
stabilization and guidelines for sequencing erosion control measures during
construction.
Construction is estimated to take place from February 1, 2023 to May 1, 2023, pending
rezoning, ZCP and building approval. This will include all construction activities in a
single phase, including clearing, site preparation, stormwater control measure and utility
installation, erection of the building, parking lot paving, final stabilization and site
cleanup.
Electric and telephone service connections do not require road crossings and these
connection locations will be coordinated with the utility owners. Water will be provided
by a new on-site well to be permitted; building sewer will be served by a proposed onsite
conventional septic system, with an estimated discharge rate of 1,000 gpd."
Neighborhood Information Meeting (NIM): In accordance with Section 2.9.1(D) of the UDO, a
NIM was held on September 13, 2022. The notes for the NIM are included in Attachment 3.
Public Notification: In accordance with Section 2.8.7 of the Orange County 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 Planning Board meeting where the proposal is to be reviewed. These notices
were mailed on September 23, 2022, 10 days before the Planning Board meeting. Staff also
posted the subject parcel with signs indicating the date/time of the Planning Board's review of
the rezoning request on September 23, 2022. See Attachment 4 for notification materials.
Planning Director's Recommendation: As required under Section 2.8.5 of the UDO, the
Planning Director is required to `... cause an analysis to be made of the application and, based
upon that analysis, prepare a recommendation for consideration'. In analyzing this proposal, the
Planning Director offers the following:
1. The proposal is consistent with goals/objectives 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 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.
23
2. The proposal is consistent with the appropriate and allowed zoning districts for the Rural
Industrial Activity Node, as shown in the Land Use and Zoning Matrix contained in
Appendix F of the Comprehensive Plan.
Pursuant and consistent with Orange County's adopted plans, the Planning Director
recommends approval of the Statement of Consistency, indicating the amendments are
reasonable and in the public interest, contained in Attachment 5 and the proposed zoning atlas
amendment ordinance and conditions of approval contained in Attachment 6.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval 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, are covered by the application fee.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the rezoning application,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director's recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 5)
and the proposed ordinance (Attachment 6) in time for the November 1, 2022 BOCC
meeting.
Attachment 1 24
s"CHI a c
NORTHt AROLIN
' ' �l �l ��
APPLICANT INFORMATION:
Date: 07-05-2022
Applicant: Elcan & Associates Inc. Phone: (251) 460-0069
Address: 2862 Daphin Street Cell Phone: (864) 349-7128
Mobile, AL 36606
E-mail: rfawcett@elcaninc.com
PROPERTY SUBJECT TO REQUEST:
Parcel Identification Number(PIN): 9940460359
Address of property: 9825 NC 49 Cedar Grove NC 27231
Owner of property: Charles A. Wells
Future Land Use Designation for Property: Retail
Current Zoning Designation: AR
Requested Zoning Designation: NR-CD
* If Applicant/Owner are different people, include a signed, notarized, statement indicating that the
owner has authorized the applicant to submit the request. In cases where there are multiple property
owners, please attach an additional document containing their signatures authorizing the submission
of the application or other legal documentation establishing the applicants right to file on their behalf.
SUBMITTAL INFORMATION - Section 2.9.2 (C) of the Unified Development Ordinance (UDO)
1)A site plan prepared in accordance with the provisions of Section 2.5 of the UDO. Applications for
a Master Plan Development (MPD) CD shall abide by the site plan preparation requirements
outlined in Section 6.7 of the UDO.
2)All CD applications, regardless of type, shall include a detailed landscape plan showing the
location of on-site significant trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features;
3)A detailed description of the proposed use of property including an outline of the proposed
development. This will include a detailed summary of proposed utility services. Applications for a
25
Home Park (HP) CD, the utility service plan shall specify if the proposed services are temporary or
permanent connections;
4)A detailed traffic survey, regardless of estimated daily trips, prepared in accordance with North
Carolina Department of Transportation (NC DOT) requirements and Section 6.17 of the UDO;
5)The appropriate environmental document(s) prepared in accordance with Section 6.16 of the UDO;
6) A schedule of construction of all elements of the proposal.
7) Other information identified during the pre-application conference deemed essential to demonstrate
the project's compliance with these regulations.
8) The filing fee per the adopted Orange County fee schedule in affect as of the date of the
application.
I (we), the undersigned, have been made aware of the process for the review and action associated
with a UDO Zoning Atlas Amendment application and understand only completed applications,
containing all information required 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
prep;ari prop
this application in no way guarantees a favorable recommendation by staff on the merits
,_�
of rop sal nor does it guarantee an approval of the proposed atlas amendment by the County.
Applicant Date:
Applicant Date:
26
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FAMILY DOLLAR PROSPECT HILL
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SITE PLAN SET aN
ADDRESS:9825 NC 49,CEDAR GROVE,NC 27231
TOWNSHIP OF CEDAR GROVE,COUNTY OF ORANGE,STATE OF NORTH CAROLINA a
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Attachment 2
A N G E C O U y
Rezoning Application to N R-CD for PIN 9940460359
Caswell County
-------------------------
Orange County
9940460359
Hyco Creek
South Hyco Creek Protected
9940460359
R/DF.FUQUq.�ry
49 86
ALLISON RD
® Proposed Change AR to NR-CD (7.05 ac)
Q PIN: 9940460359
County Boundary
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32
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Adopted Future Land Use Map with Parcel 9940460359 Depicted
Caswell County
9940460359
•
9940460359
ROE FUQVA CN
49 86
Q PIN: 9940460359
Proposed Rezoning AR to NR-CD (7.05 ac) ALLISON RD
County Boundary
Q Watersheds
Streams
Water Bodies
- Resource Protection Areas
Future Land Use Categories N tin=500feet
oR�cE
COUNTY Feet
Agricultural Residential 0 500
Planning and inspections Department(BQ
- Rural Industrial 9127/2022
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34
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36
Attachment 3
NEIGHBORHOOD INFORMATION MEETING NOTES
Meeting Date: September 13, 2022
Time: 4:00 — 5:00 p.m.
Location: Orange County Public Library
Main Meeting Room
137 West Margaret Lane
Hillsborough, North Carolina 27278
Attendance: 7 Residents on sign-up sheet
1. Juanita Alderman
2. Fred Alderman
3. Christian Rice
4. Celia Rice
5. Charles Edens
Applicant: Briant Robey, and Reid Fawcett
Discussion Summary: Every resident that attended the Neighborhood Information
Meeting spoke against this rezoning to allow a retail use to be located on this property.
Residents were aware that it is for a proposed Family Dollar store and questioned the
need since there is another "Dollar Store" in very close proximity to this site. They
indicated it would take away from the character of the surrounding community.
Questions about driveway entrances and safety of the traffic flow were also an item of
discussion.
37
Attachment 4
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
gr` C ,
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) P O Box 8181
www.orangecountync.gov ' �° Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Brian Collie, Planner II with Orange County, North Carolina, DO HEREBY CERTIFY that
in accordance with the provisions of Section and 2.8.7 of the Orange County Unified
Development Ordinance I have mailed, or have caused to be mailed, a Notice of the
Planning Board Meeting to be held regarding a rezoning application proposing to rezone a
parcel of property located at the intersection of NC Hwy 86 and NC Hwy 49, within the
Cedar Grove Township of Orange County. (PIN 9940-46-0359) September 23rd, 2022.
The owners were identified according to the Tax Records, as required by Section 2.8.7 of
the Orange County Unified Development Ordinance.
The mailed notices specified the date, time, place and subject of the Planning Board
Meeting.
WITNESS my hand, this 23rd day of September 2022.
Brian Collie
Planner II
38
�1
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278I 919.245.2575
September 23, 2022
NOTICE OF PLANNING BOARD MEETING
Dear Property Owner:
This notice is to inform you of the October 5, 2022, Planning Board meeting, at which an
application to rezone 7.05 acres of a 54.23 acre parcel (9825 NC Hwy 49, Cedar Grove; PIN:
9940-46-0359) located at the dividing intersection of NC Hwy 86 and NC Hwy 49 will be
reviewed. This notification is occurring in accordance with the provisions of Section 2.8 Zoning
Atlas and Unified Development Ordinance Amendments, and Section 2.9 Conditional Districts of
the Orange County Unified Development Ordinance (UDO). You are receiving this notice
because you own property located within 1,000-feet of parcel requested for rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Property Information
Parcel ID Number(PIN) 9940-46-0359
Owner Charles A.Wells
Applicant Elcan and Associates, Inc.
Location 9825 NC Hwy 49, Cedar Grove, NC 27231
Acreage +/-7.05 acres of a 54.23-acre parcel
Current Zoning Agricultural Residential (AR)
Watershed Designation South Hyco Creek Protected Watershed
The property requested for rezoning is currently zoned AR, Agricultural Residential. While a single
property, it is functionally subdivided by NC Hwy 86 into a +/-34-acre parcel to the northeast and
a +/-20-acre parcel to the southwest. The applicant is requesting a rezoning to NR-CD (Non-
Residential Conditional District) for a +/-7.05-acre area at the intersection of NC Hwy 86 North
and NC 49 on the southern parcel. The applicant has indicated that their interest is to use the
property for a retail use, as defined by the Orange County UDO.
The parcel is located within the Commercial Transition Activity Node (CTAN) as defined within the
adopted 2030 Orange County Comprehensive Plan. The CTAN is designated within the
Comprehensive Plan as appropriate for retail and other commercial uses and is focused on
designated road intersections with either a 10— or 20—year Transition Area.
Additional information is available on the Orange County Planning Department's website:
http://www.orangecountync.gov/1722/Current-Interest-Projects
39
This rezoning request will be reviewed by the Orange County Planning Board at their regularly-
scheduled meeting 7 p.m., October 5, 2022, at the Whitted Meeting Facility (300 West Tryon
Street, Hillsborough, NC). All interested persons are invited to address the Planning Board with
their comments regarding the rezoning application. The Planning Board is an advisory board
comprised of appointed volunteers that makes recommendations to the Orange County Board of
County Commissioners regarding land use and zoning matters.
A formal public hearing on the proposed amendments will be held by the Board of County
Commissioners. At this time, the anticipated date for the public hearing is November 1, 2022. You
will receive another written notice about the public hearing closer to the hearing date.
If you cannot attend the Planning Board meeting and the website does not answer your questions
about the requested rezoning, you may call (919) 245-2575 during regular business hours and
you will be directed to a staff person who can assist you.
Sincerely,
Cy Stobe
Planning & Inspections Director
O RAN G E C O U N T Y , NC 40
Rezoning Application PIN 9940460359 Notification Map
Caswell County
-----------------
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41
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O RAN G E C O U N T Y , NC 44
Rezoning Application PIN 9940460359 Notification Map
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-----------------
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45
PIN OWNERI_LAST OWNERI_FIRST OWNER2_LAST OWNER2_FIRST
9940460359 WELLS CHARLES A <Null> <Null>
9940239647 OAKLEY HENRY L STANFIELD OAKLEY SHERRY A
9940243197 TREV LLC <Null> <Null> <Null>
9940250107 RICE CELIA L RICE JOHN R
9940267130 RICE CELIA L RICE JOHN R
9940276203 HAVENS CHERRIE M ETAL MCMASTERS LANA M
9940328069 FUQUA KATHRYN L TRUSTEE <Null> <Null>
9940365536 NICOLAS JAIME PRIMERO <Null> <Null>
9940365868 GRACE INDEPENDENT BAPTIST CHURCH
9940433646 LOGOTHETIS MIMI <Null> <Null>
9940444932 ALDERMAN JUANITA WATSON ALDERMAN FRED E
9940449151 LOGOTHETIS MIMI
9940460227 CEMETERY <Null> <Null> <Null>
9940472135 PROSPECT HILL AMERICAN LEGION POST#447 <Null> <Null>
9940547980 DAWSON KENNETH R OUTLAW ELIZABETH G
9940550393 EDENS CHARLES M EDENS HANNAH P
9940563597 WELLS CHARLES A VAN BUREN GEORGE J
9940571178 MCNEELY HILDA MCNEELY MALONE
9940625898 THOMAS JOHN MARK
46
ADDRESSI ADDRESS2 CITY STATE ZIPCODE
3312 SHIRLEY LN <Null> CHEVY CHASE MD 20815
587 EGYPT RD <Null> PROSPECT HILL NC 27314
142 WINSTEAD FARM RD <Null> ROXBORO NC 27574
4039 KING CHARLES RD <Null> DURHAM NC 27707
4039 KING CHARLES RD <Null> DURHAM NC 27707
18 OVERTON CT <Null> GREENVILLE SC 29617
PO BOX 1274 <Null> HILLSBOROUGH NC 27278
2400 PATRIC DR <Null> MEBANE NC 27302
9922 HWY 86 CEDAR GROVE NC 27231
9501 N NC HWY 86 <Null> CEDAR GROVE NC 27231
9701 NC 86 NORTH CEDAR GROVE NC 27231
9501 NC 86 NORTH CEDAR GROVE NC 27231
3312 SHIRLEY LN C/O WELLS CHEVY CHASE MD 20815
LEGION POST#447 <Null> PROSPECT HILL NC 27314
9812 ALLISON RD <Null> CEDAR GROVE NC 27231
9811 NC 86N <Null> CEDAR GROVE NC 27231
3312 SHIRLEY LN <Null> CHEVY CHASE MD 20815
632 VALLEY GREEN DR NE ATLANTA GA 30342
9836 ALLISON RD CEDAR GROVE NC 27231
NOTICEOf API4NN/N6�OA/PO MEETING
E�R6 LAAL k J&
Rezoning Application — 7.05 acres
Requested Zoning District:
Non-Residential Conditional District (NR — CD)
Whitted Meeting Facility
October 5, 2022 at 7 : 00p.m.
300 West Tryon St. , Hillsborough
More Information :
http://orangecountync.gov/1 722/Current-Interest-Projects
ORANGE COUNTY PLANNING DEPARTMENT:
(919) 245-2575
48
Attachment 5
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 has been reviewed to rezone a parcel as
follows:
Parcel
Identification Township Owner of Current Zoning Proposed Zoning
Number Record
(PIN)
• NR-CD (Non-
Residential
• AR (Agricultural Conditional
Residential, 54.23 District), 7.05 acres;
9940-46- Cedar Charles A. acres); • AR (Agricultural
0359 Grove Wells • South Hyco Creek Residential), 47.18
Protected Watershed acres remaining;
Overlay District. • South Hyco Creek
Protected Watershed
Overlay District.
The Planning Board hereby finds:
a. The requirements of Section 2.8 and 2.9.1 Zoning Atlas and Unified Development
Ordinance Amendments of the UDO have been deemed complete; and,
b. 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.
1. The amendment is consistent with applicable plans because it supports the
following:
• Rural Industrial Activity Node Land focused on designated
road intersections within the rural area that is appropriate for
small scale industrial uses which do not require urban type
services.
• Land Use Goal 5.6 of the 2030 Comprehensive Plan - 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.
49
c. The amendment is reasonable and in the public interest because it furthers the
goals of the adopted Comprehensive 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.
Adam Beeman, Chair Date
50
Attachment 6
Ordinance#:
AN ORDINANCE AMENDING THE
ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by
Terra Equity Incorporated (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 7.05 acres of a 54.23 acre parcel of property (PIN 9749-
40-2351) from AR (Agricultural Residential) to NR — CD (Non-Residential Conditional District) for the
purposes of a retail business, hereafter `the Property'; and
WHEREAS, The applicant has voluntarily chosen to establish development and land use limitations on
the Project to address potential conflicts with surrounding properties; and
WHEREAS, This 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 7.05 acres parcel to NR — CD (Non-Residential
Conditional), 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:
I. GENERAL:
a. Development on the parcel shall be in conformance with the submitted site plan unless
an alteration is approved per Section 2.9.1(1) of the UDO, and
b. The area proposed for rezoning shall be subdivided from the parent tract and the
conditions of approval for this zoning request shall only apply to the 7.05 acres featured
on the site-specific plan, and
c. Use of the property is limited to Retail Uses as defined within the LIDO.
11. DEVELOPMENT STANDARDS
a. The project shall comply with all development standards for a Retail Use, as specified in
Section 5.20 and Article 6 of the UDO, with the following requested deviations:
t
51
i. Planting Requirements (Section 6.8.7): Relief from having to provide 300-square
foot Terminal Islands in parking rows of 10 or more spaces, as required by
Subsection (D)(2)(b)(i), and
ii. Off-Street Parking Requirements (Section 6.9.7): Relief from providing the 53
parking spaces required, conditional on provision of 51 parking spaces instead.
III. ACCESS AND TRANSPORTATION
a. Driveway permits, when required shall be applied for and issued by the North Carolina
Department of Transportation, and
b. Pursuant to North Carolina Department of Transportation review of the site-specific plan
and issuance of the driveway permit, right and left turn lanes at the NC Highway 86
North driveway shall be provided.
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
, 2022.
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 , 2022 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 2022.
SEAL
Clerk to the Board of Commissioners