HomeMy WebLinkAboutAgenda - 09-05-2024; 5-a - Zoning Atlas Amendment – 1031 Frazier Road, Mebane, Cheeks Township 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2024
Action Agenda
Item No. 5-a
SUBJECT: Zoning Atlas Amendment — 1031 Frazier Road, Mebane, Cheeks Township
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Application, including Map of Land Lauren Coffey, Planner I, (919) 245-2598
Proposed for Rezoning and Patrick Mallett, Deputy Director of
Supplemental Materials Development Services, (919) 245-2577
2. Staff Report Cy Stober, Planning Director, (919) 245-2592
3. Notification Materials and Certification
4. Development Advisory Committee Memo
5. Excerpt of Draft August 7, 2024 Planning
Board Minutes and Signed Statement of
Consistency
6. Statement of Consistency
7. Ordinance Approving Zoning Atlas
Amendments
PURPOSE: To hold a public hearing, receive the Planning Board/staff recommendation and
public comments, close the public hearing, and take action on an applicant-initiated Zoning Atlas
Amendment to rezone a +/- 112.17-acre parcel (PIN: 9835-74-8573) located at 1031 Frazier
Road, Mebane, Cheeks Township. The proposed rezoning is:
FROM: MPD-CZ (Master Plan Development Conditional Zoning)
TO: R-1 (Rural Residential)
BACKGROUND: On April 19, 2024, a Conventional Zoning Atlas Amendment application
(Attachment 1)was received proposing to rezone +/- 112.17 acres at 1031 Frazier Road, Mebane.
The Staff Report in Attachment 2 contains additional information, maps, and analysis.
Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment
1), and Section 2.8 of the Unified Development Ordinance (UDO), rezoning submittals are
required to contain:
1. A completed/signed Zoning Atlas Amendment application;
2. A map, at a legible scale, showing the land proposed for rezoning;
3. A detailed narrative denoting the following:
a. The existing zoning of the subject property and the requested zoning, as defined
in Article 3 of the UDO;
2
b_ The current land use designation of the subject property consistent with the
Orange County Comprehensive Plan and Future Land Use Map (FLUM), which
can be accessed utilizing the embedded links;
c. The alleged error in the Zoning Atlas (if any)that will be corrected by the proposed
request;
d. The changed, or changing, conditions (if any) that makes the proposed
amendment reasonable and necessary to promote the public health, safety, and
general welfare; and
e. How the proposed amendment is consistent with, or carries out the intent and
purpose of, the Orange County Comprehensive Plan.
4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule.
Basic Review Process: A conventional district rezoning application requires submission of a
detailed area map and other documents, in accordance with Section 2.8.3 of the Unified
Development Ordinance (UDO). A site-specific plan is not required for conventional rezoning
applications and conditions cannot be applied to an approval action. The typical cadence for the
review is as follows:
• FIRST ACTION — Submission of an application with required supporting documents by
the property owner.
STAFF COMMENT: The applicant submitted an application and documents on April
19, 2024, Attachment 1.
• SECOND ACTION — Staff holds a Development Advisory Committee (DAC) Meeting.
STAFF COMMENT: The Development Advisory Committee Meeting was held on
May 16, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this
review are available in Attachment 4.
• THIRD ACTION —The Planning Board reviews the application at a regular meeting and
makes a recommendation to the BOCC.
STAFF COMMENT: The Planning Board reviewed this application at its regular
meeting on August 7, 2024.
• FOURTH ACTION — The BOCC receives the Planning Board and staff
recommendations at an advertised public hearing and makes a decision on the
application.
STAFF COMMENT: The public hearing is scheduled for September 5, 2024.
Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
notices were mailed on August 22, 2024, 14 days before the meeting. Staff also posted the
subject parcel with signs on August 22, 2024, 14 days before the meeting. See Attachment 3 for
the notification materials.
Planning Board Recommendation: The Planning Board reviewed the proposed amendments at
its August 7, 2024 regular meeting. At this meeting the Board voted unanimously to recommend
approval of the Statement of Consistency (Attachment 6) and the proposed Ordinance
(Attachment 7).
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An excerpt of the draft minutes from the meeting, as well as the Board's signed statement of
consistency, are included in Attachment 5. Agenda materials from the August 7, 2024 Planning
Board meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-
26.
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Approval and Consistency indicating the conventional rezoning application is
reasonable and in the public interest, as contained in Attachment 6.
2. Zoning Atlas Amendment Ordinance to reflect the zoning change on the County's adopted
Zoning Atlas, as contained in Attachment 7.
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.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1. ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 6. Protect water supply/watersheds.
OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage
sites, nature preserves, watershed riparian buffers, and prime/threatened farmland.
RECOMMENDATION(S): The Manager recommends the Board:
1. Conduct the public hearing and receive the Planning Board and staff recommendations
and public comments;
2. Close the public hearing; and
3. Vote to Approve the Statement of Consistency (Attachment 6) and Zoning Atlas
Amendment (Attachment 7);
OR
4. Vote to Deny the Zoning Atlas Amendment, including a statement as to why the application
is not reasonable and/or not in the public interest.
FAttachment 1
- Orange County Planning & Inspections Department
" RANGE COUNTY
131 W. Margaret Lane Suite 200, Hillsborough NC 27278
, ,. AI I fT�IA 919-245-2575 or�larginej p�?sLairrgecc�rr7t�rc,c�c�v
Zoning Atlas Amendment- Rezoning Application '
Please check all applicable boxes and complete the required documentation.Additional information and'submittal
requirements are contained in Sections 2.8 and 2.9 of the Unified Development Ordinance (UDO).
If completing by hand, please use black or blue ink.
* Please fill out all reui ed fields
Date: I Rezoning Request: Conventional District❑ Conditional District
Contact Information*
Property Owner(s): HA tt-I i I'll I L.,L
Mailing Address: ' �`Z. I C � 1yC S �1) �'13 '�
—��
Phone: C-t �� --- "�S 3.;. �Z I � Email: �J C e(0 1,1 ,
Applicant (if different than property owner):
Mailing Address:
Phone: Email:
Property lnformatioW.
Parcel ID Number (PIN): `� � - - 1 Total Acreage:
Address: i 1`f2AZ I CTZ ISA-Ili&
Future Land Use Map Classification: (---gAN& - e- 612- j12A NSt 1 0tJ ,
Current Zoning Designation:
Requested Zoning Designation: Tz-- C0t jyCs�17-10 1 AL
' 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.
Other Submittal Requirements*
Conventional District Rezoning Application
Based on Section 2.8.3 of the Unified Development Ordinance (UDO):
IL,VI'A map, at a legible scale, showing the property(s) subject to the request A map may be
procured at the Planning Department for a fee in accordance with the adopted Orange County Fee'
Schedule.
A legal description of the property(s) proposed fdr rezoning.
IRA list showing the names and addresses of all adjacent propertyowners within 1`000-feet of the "
subject property.
A detailed narrative denoting the following:
i. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request.
Page 1 of 2
5
ii. The changed, or changing, conditions (if any) that makes the proposed amendment
reasonable necessary to promote the public health, safety, and general welfare.
iii. How the proposed amendment is consistent with, or carries out the intent and purposeof
the adopted Orange County Comprehensive Plan, or part thereof. '
'RThe filing fee per the adopted Orange County fee schedule.
Conditional District Rezoning Application
Based on Section 2.9.2 (C) of the Unified Development Ordinance (UDO):
❑A site plan prepared in accordance with the provisions of Section 2.5 of the UDO. Applications
for a Master Plan Development(MPD) Conditional District (CD) shall adhere to the site plan
preparation requirements outlined in Section 6.7 of the UDO.
El 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.
❑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. The utility service.
plan for applications for a Home Park (HP) CD shall specify if the proposed services are temporary' ;
or permanent connections.
❑A detailed traffic survey, regardless of estimated daily trips, prepared in accordance with North
Carolina Department of Transportation requirements and Section 6.17 of the UDO.
The appropriate environmental documents) prepared in accordance with Section 6:16 of th e
UDO.
❑A schedule of construction of all elements of the proposal., .
❑ Other information identified during the pre-application conference deemed essential to
demonstrate the project's compliance with these regulations.
❑ The filing fee per the adopted Orange County fee schedule.
Certification and Signatures*`
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
preparing,this application in no way guarantees a favorable recommendation by:staff on the merits of
this proposal nor does it guarantee an approval of the proposed atlas amendment by,the County.
MANA4 r,t ti' 1V1C�7�'►73��
Owner Si ature(s) Applicant Signature (if different from owner)
Date Date
Page 2 of 2
Date: 16 April 2024
Re: Rezoning Application, Orange County PIN 9835-74-8573
Author: Anthony Weston,for Common Ground Ecovillage
Hart's Mill Ecovillage Rezoning Application
Narrative
Hart's Mill EcoviIIa'ge, LLC (dba'Corrimon Ground'EcoviIIage) is applying to vacate the'existing
Master Plan Development-Conditional Zoning (MPD-CZ)for our"land and revert to R-1
conventional base zoning. This'is to enable'us to'develop an'alternative site plan using th`e `'
UDO's Flexible Development-Conservation Cluster framework'fora'similarly cornpact`but
smaller and lot-based village layout that is now much more feasible for us given our
membership and resources but is precluded under our current MPD-CZ:
Congruent goals
Our MPD-CZ application was approved by the OC BOCC in late;203.5.It was designed to nestle
a compact, neighborly"agrarian ecovillage".of low- or positive-impact residences`into.about 12
acres within our 112-acre parcel, preserving most of the land as,forest and meadow-common
areas for the community and neighborhood, animal habitat, and open space-as,well as
supporting intensive agricultural production and training programs for upcoming farmers
pP 9 g p 9 p g p 9 ,
within the community and hopefully beyond.
Our'project's guiding "Principles and Intentions" included, and continue to include' these`'
relevant items, among others: p
2. We are abidingly loyal to the land.We are committed to living closely and attentively with .
each other and the land...to long-term restoration and stewardship of that land and to
protecting it from exploitation or speculation. Major portions of the larger land under our
stewardship will be established in watershed and farmland conservation trusts.
11. Buildings and infrastructure will be designed to integrate harmoniously With,each other
and with the land...
ix. Buildings and infrastructure will be designed for minimal or positive impact and '
maximal livability. We prioritize clean and healthy water and air(indoor and out),water.
catchment and recycling on-site..., soil restoration and enrichment, and careful preservatioim
and enhancement of viewscape....We seek to absolutely minimize unsustainable impacts and,
where they may be necessary,to more than compensate them with positive impacts as well.`
1
As we pointed out in 2015 and reaffirm even more wholeheartedly now; our goals are fully
congruent with and supportive of the 2030 OC Comprehensive Plan and its various urgent,and
ambitious objectives, These include, broadly, "aligning our built environment and
socioeconomic activities with the natural systems that support life" (section 1.3 "protection of
the County's natural areas, including forests, wildlife habitat,'and other important open
spaces"(2.2.4) and "discouraging urban sprawl, encourage a separation of urban and rural land
uses" (5.7.3), "providing a diversity of housing types and housing densities... fora range of
housing needs of current and future populations"(1.3.2 and 4.2'); and "supporting local
agriculture and maintain the viability of local farms" (345),All,of these goals seem.likely to be
reaffirmed and deepened in the emerging 2050 Plan as well.
As an earnest of these commitments, we note that we have made rriajor'progress toward
many of these goals, even without a residential community, For one, following up on our,
commitment to open space and land preservation, we are in the.midst of putting about40%of
our 112 acres into NC Land and Water Fund and Working Land easements, in partnership with
both Orange County and the Eno River Association. Our land-preserving, conservation-and
farm-oriented development is notable also because we lie within an area of high expected
impact and urbanization (FLUM-designated 2o-yeartransition zone).
As to "affordable... housing initiatives,designed to support non-profit organizations,.mdke use
of state and federal funds, and provide housing opportunities for'County residents" (i:3,2), we
are actively establishing partnership with Community Home Trust`forthe ownership of some
of our community residences. We continue to explore potential USDA support and other state
and federal opportunities as well. Low-cost natural building materials and methods, which'we
embrace also for ecological purposes, combined with well-integrated "sweat equity
opportunities, should also help to lower housing.costs for more.families.
As for"preservation of working farms, forestry, and ancillary.a"gricultural businesses"and
"developing a local food system that links local producers"and consumers" we have already
established an active CSA(Community-Sponsored Agriculture' )'farm that supplies upwards of
6o,area households weekly. We also recently applied for and received a $so;000,Orahoe
County Agricultural Economic Development grant to expand the CSA's washing and packing
facility, work that has just now been completed.
Looking beyond the MPD-CZ
Our ideas and intentions have not changed, Indeed, based'upon our e'xperlence so far, the' are
stronger than ever. We are proud of our on-the-'ground accomplishments so:far, asjust
described, and of the non-residential community of several dozen people, mostly local but
including some from all over the country, who have actively and continuously sustained
planning and other activities since 2012.
But circumstances have changed. Our existing MPD-CZ was approved in late 2osS. We;were
thinking big. Our'application envisioned"a village of thirty flexibly-configured residence's along
with a Common House; built all together and upfront, under cooperative ownership. A loop
2
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utility road was required along with a community.su.bsurface drip septic,system on a field on
the far east of the development.
Today, a project on that scale has proved to be financially and otherwise no,longer'feasible:
- COVID-sg intervened, building costs have skyrocketed,while�ourown economiocapacitiesto
meet them remain limited and modest,especially since we remain committed to affordability
and a diverse community both culturally and across the lifespan. Moreover, the funding
opportunities that"we have been able to find (for example through Community Home,7ru:st for
affordable housing), and that our individual members are in the best position to`take,
presuppose individual,rather than cooperative,ownership, while existing members'various ; .
intentions and capacities also require more personalized opportunities as well as more variable
timetables.
For these reasons, iron!cally.but unfortunately, the MPD-CZ that enabled and supported the
last decade's vision has become an impossible constraint on actually achieving our goa!s`in the
current climate. One County planner even offhandedly described'our currentMPD-CZ`as a
"dinosaur". We need to"step'back to leap forward" under different auspices.
Flexible Development— Cons&vation Cluster
Once reverted to R-1 conventional zoning; our intention is to bring forward an alternative site
plan using the UDO's Flexible Development=,,Conservation Cluster frameworkfora similarly
compact but smallerand lot-base'd village layout. The Flexible Development—,Conservation
Cluster option did not exist when our MPD-CZ as in process in 2015 but in many ways,is„a far
more suitable and flexible framework, and it might well have been the framework we would,
have chosen in the first place had it been available then.
The same goals.and strategies that motivate us also underlie the Flexible De'velopment—
Conservation Cluster designation;The key idea is to cluster residences to create"a compact
neighborhood while conserving farm and forest as Common Areas,'ncluding the riparian°zone,
coordinated.with the proposed easements, a's lightly used or.un used areas. Under the n'ew ,
designation, the village itself will need to be in individually-held lots, HOA-g'overned,,rather
than a cooperatively owned single plot, which is a retrenchment from,our origi'naltplans, but
once again is more realistic given our present circumstances, asjust noted, and the flexibility it
will allow is welcome.
In parallel as this'rezoning application works its way through the planning process, we are
developing and refining our alternative site plan, lot and septic layouts and other infrastructure
designs, and financing arrangements, so that upon approval we should be able to move quickly
to request approval for a Conservation Cluster Flexible Development and begin infrastructure
construction. Another earnest of our commitment to land-preserving, conservation-and farm-
oriented development is our current engagement with Commissioner Greene's Whole;Orar ge
initiative and the working group of other groups and developers already embracing the
Conservation Cluster framework, hoping to assist each other in fine'-tuning the framework for
OC's particular needs and circumstances.
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Summary
Seeking to "step.back.to leap forward", we appreciate your.support clearing the way for what is
both a retrenchment but correspondingly an`advance in another and likely even more
congenial direction, as we work to bring the Common Ground residential ecovillage actually to "
life.
. r
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10
If���l��l�����������illfll 11iJ�fll IIIIIIII
!'1 20170113000309030 DEED
Bk:RBS250 Pg:145
01/13/2017 01:51:23 PM 113
FILED Mark Chilton
Register of Deeds, Orange Co.NC
Recording Fee' g25 00
NC Real Estate tX; $970.00 a
- NORTH CAROLRNA GENERAL,WARRANTY DEED
Excise Tax: 970.00 Y�J
Parcel Identifier Nos,9835748573 Verified by—k1 County on the day of 20_
By:
Mail/Box to: Grantee
This instrument was prepared by: Ronald G.Coulter,Attorney at Law Without a Title Examination_
Brief Descriptionn for the Index: Tr. A Hart's Mill,LLC,PB 114/81
THIS DEED made this 13`a day of,January , 2017,by and betweeu
GRANTOR GRANTEE
ALANA NL ENV NIS,AKA ALANA M.ENN[S HART'S MILL,LLC
(Unmarried) A North Carolina Limited Liability Company
4209 Pin Oak Drive P.O.Sox 2844,Chapel mill,NC 27515-2844
Durham,:ETC 27707
Enter in appropriate block for each party: name,address, and, if appropriate,character of entity, e.g. corporation or
partnership.
This designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular,plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged,has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of
that certain Iot or parcel of laud situated in the City of Cheeks Township, Orange County,
North Carolina and more particularly described as follows:
See the attached Exhibit A,which is incorporated herein by reference.
No portion of the property herein conveyed includes the primary residencc of the Grantor.
The property herein described Nvas acquired by Grantors by instruments recorded in Book 901 at Page 453 and
in Booty: 5770 at Page 504
A map showing the above described property is recorded in Plat Book �114 ,,Page 81 _
TO HAVE A-N,-D TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple,
submitted electronically by "Beemer, Hadler & Willett, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the orange county Register of Deeds.
Book 6250
R66250 146 2/3
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
coney the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title. against- the lawful claims of all persons whomsoever, other than the following
exceptions.:
Liens,encumbrances, and other exceptions of record.
IN WTT"NESS WHEREOF, the Grantor has duly executed the foregoing as of the'day and year'first above
written. .
'Ia2� /-/-/"-
(SEAL)
Alana M.E nii
STATE OF NORTH CAROLLNA
COUNTY OF
1, the undersigned Notary Public of the County and State aforesaid, certify that Aiana M.
Ennis personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed. Witn my hand and notarial
stamp or seal this t3,A-L day of January,2017.
My Commission Expires:`'1 -2"f•7-�
CHFi1Sror, SR M.
W t t_L- T No , Public
L R) NOTARY pUBLIC
aufl)am County
North Carohna z�
my commission Expires
The foregoing Certificate(s) of is/are certified to be correct.
This instrument and this certificate are duly, registered at the date and time and in the Book and Page shown on the
first page hereof.
Register of Deeds for County
By: Deputy/Assistant-Register of Deeds
Book 6250
12
P96250 147 313
EX MIT A
REAL PROPERTY OF ALANA M. ENNNIS
BEING ALL OF LOT A and containing 112.17 acres, more or less, as shown on a malr and survey
prepared by ENT Land Surveys,Inc., dated November 18, 2444,entitted "Property for ILA-RT'S
NULL,LLC" and recorded in Plat Look 114 at Page 81,Oran-ge County Registry,to which
reference is made for a more particular description-of same.
TOGETHER WITH AND SUBJECT TO that perpetual right and easement of egress,ingress and
regress over, upon and through said 501 Private RIW as set forth in that certain Cross-Easements
For.Point Driveway Easements recorded in Book 5770, Page 502, Orange County Registry.
PEN': 9835748573
Book 6250
13
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HART'S MILL, L L C
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1.4
Common Ground Ecovillage Rezoning-Applic`ation
Two additional checklist items
Checklist #3: Contact information for utility provider.a'nticipated:serv'ing the
project
Duke.Energy .
John Norwood, Duke Energy Engineering Technologist.
Office: 336-634-4.622
Cell: 919-339-3724
e-mail: johnA01,wood fake-Frier yc .conk`.
Checklist #4: Adjacent right of way widths with road:names and.nu;mbers
North Frazier Road
SR,1342
Right of way 60`
Pavement 20'
• 1
Staff Report Attachment 2 f+-
ORANGE
Toning Atlas Amendment — Conventional District COUNTY
NORTH CAROLINA
Parcel Information
Parcel Address 1031 Frazier Rd,
Mebane, NC 27302
Vicinity Map for Rezoning Application-PIN 9835748573
Parcel Identification 9835-74-8573
9 �r
o ove-ro n p
°° G" 1 ✓' Number (PIN)
cea 3 .
E
Applicant Name Hart's Mill, LLC
"alsn°,°°yn o 1625 Ben Johnson Rd,
-' and Address
Mebane, NC 27302
h, ;. � men now°en newF
ane
Cheeks Township r.°yea a Property Owner
Meb
Name and Address
„Wk k _:� r�PP°, °, (if different from Same as Applicant
� Eno
Applicant)
.T hp Anthony Weston
�rm e.,raH ua�eos a e 1 o�'p°i Hill r snip Agent(s), if e�,k � � t., Planning, Design, and
J tl L. applicable Development Circle
< m= �wa�E�s�^Prre�„�� �, A
Operational Leader
RexoningApplication to' Interlocal Rf for`PlN 9835748573 Agreement
I Applicable No
(Y/N)
Current Zoning MPD-CZ (Master Plan
- District Development Conditional
Zoning District)
--
�� 1111111171Requested Zoning
lam . District R-1 (Rural Residential)
I lJpper Btip P tecte _ _.
Requested Zoning
District Consistent
with Appendix F of Yes
Comprehensive
Plan
II=PIN:B617d9573 �y
—Eon Existing Zoning Upper Eno Protected
rmEftei Overlay Districts Watershed
®EIWbGMki"N1�M10'TOOwIMy Ohpkl
M PIlN11dYI W ca—d M WN
A - � Amendments
Proposed for
Overlay Districts No
(Y/N)
1
Parcel Size +/- 112.17 acres
Adopted Future Land Use Map with Parcel 9835748573 Depicted
Future Land Use Map 20-Year Transition
(FLUM) Designation Rural Residential
FLUM Overlay(s) Resource Protection Area 1
Growth Management Rural
System Designation
Definition of FLUM 20-Year Transition Definition:
Designation Land located in areas that are in 35748573 qr
(from Article 10 of the process of changing from
Unified Development rural to urban, that are suitable
Ordinance (UDO) for urban-type densities and
should be provided with public
utilities and services within the
second 10-year phase of the 1
Plan.
Rural Residential definition:
Land in the rural areas of the
Count which is appropriate for
Y
low intensity and low-density
residential development, and
Ru;IR'tl I"I
which would not be dependent
on urban services during the
plan period.
Surrounding Land Uses and Zoning
Aerial Image with Parcel 9835748573 Outlined
North All lots are zoned R-1 (Rural Residential) with
single-family residential uses or are currently
undeveloped and in agriculture use.
South All lots are zoned R-1 (Rural Residential) with 1
single-family residential uses or are currently
undeveloped.
East All lots are zoned R-1 (Rural Residential) with
single-family residential uses.
West All lots are zoned R-1 (Rural Residential) with
and are currently undeveloped and in
agriculture use.
Existing Roads
North Faye Street (no direct access) T 1
South Red Gate Rd. (no direct access)
East N/A
West Frazier Rd. j
2
17
Existing Conditions/Physical Features
The parcel currently supports a cleared field of approximately 20 acres that contains farm-related structures
and an approximately 0.3-mile access road. The parcel contains an approximately 1.8-acre pond. The
remainder land of the parcel is forested.
Public Water and Sewer
A water line for Orange Alamance Water and Sewer (OAWS) runs along Frazier Rd. west of the parcel.
Two fire hydrants are within 400 feet of the parcel on Fraizer Rd. Public utilities will not be required for any
proposed development resulting from the rezoning. Provision of water service is at the discretion and
permitting authority of OAWS.
Zoning Overview
Conventional District Rezoning
Zoning promotes development of land uses that can co-exist in proximity to one another consistent with
the promotion of public health, safety, and general welfare. Regulations established by the UDO
provide opportunities/constraints associated with land development to ensure one person's `reasonable
use' of property does not impact another person's ability to make reasonable use of their property.
In acting on this request, the County is unable to impose conditions and the applicant is not required to
define what type of development (i.e. land use) is anticipated. If approved, all 30 land uses permitted
within the R-1 (Rural Residential) district could be developed on the property accordingly, consistent
with applicable regulations. Conventional district rezoning applications are processed in a legislative
manner (i.e., does not require sworn testimony or evidence) and decisions are based on the Board of
County Commissioners determination the request is consistent with the purpose and intent of the
Comprehensive Plan.
A formal site plan, reviewed and approved by staff in accordance with Section 2.5 of the UDO and
conforming with the development standards of Article 6, must be submitted and approved prior to any
development activity on the parcel.
Review Milestones
Application Submittal Date Submitted on April 19, 2024, and
deemed complete by staff on April 25,
2024
Orange County Development May 16, 2024
Advisory Committee (DAC) Review
Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified
Development Ordinance.
Courtesy Review
Jurisdiction Date Sent Comments Received (Y/N)
State Clearing House 5/6/24 Yes
3
Analysis
Staff Analysis
As required under Section 2.8.5 of the UDO, the Planning Director shall cause an analysis to be made
of the application. In analyzing this request, the Planning Director offers the following:
1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO;
2. The proposal is consistent with goals/objectives outlined within the Orange County Comprehensive
Plan concerning development, including:
a. 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.
Staff Comment: The property is designated 20-Year Transition on the Future Land Use
Map (FLUM), which is defined in the 2030 Comprehensive Plan as "land located in areas
that are in the process of changing from rural to urban, that are suitable for urban-type
densities and should be provided with public utilities and services within the second 10-year
phase of the Plan." A small portion of the parcel is designated Rural Residential which is
defined in the 2030 Comprehensive Plan as "land in the rural areas of the County which is
appropriate for low intensity and low-density residential development and which would not
be dependent on urban services during the plan period."
By rezoning the property, the existing Wu-uz_ (master Plan Development - Conditional
Zoning) district, approved by the Board of County Commissioners in 2015 to allow for 34
residences on 22 acres of the parcel, will cease to exist. Under the proposed R-1 (Rural
Residential) zoning, a minimum lot size of 40,000 sq. ft. is permitted following a
Conventional Subdivision. Following the Flexible Development Subdivision process, the
minimum lot size may be reduced to 30,000 sq. ft. with 40% dedicated open space, 20,000
sq. ft. with 45% dedicated open space, 15,000 sq. ft. with 50% dedicated open space, or
10,000 sq. ft. with 60% and over dedicated open space. The process by which the
subdivision is reviewed through is based on both the lot count proposed and whether the
subdivision follows a Conventional or Flexible development process. If more than 21 lots are
proposed, a Conditional Rezoning would be required.
The proposed R-1 (Rural Residential) zoning district meets the goals of both this planning
principle and the overlay district, which identifies the parcel as a location where both a land
use maintaining rural character and a use that increases density with potential for a
residential development are encouraged.
b. 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.
Staff Comment: According to Appendix F: Relationships Between Land Use Classifications
and Zoning Districts, the proposed R-1 (Rural Residential) zoning district is consistent with
both the 20-Year Transition Land Use Classification, which is defined as "areas changing
from rural to urban in form and density. All densities of residential development would be
appropriate," and the Rural Residential Land Use Classification, defined in the 2030
Comprehensive Plan as "rural areas to be developed as low intensity and low density
residential." The eligible zoning districts in the 20-Year Transition future land use
classification include R-1 (Rural Residential).
4
The request to zone the property to R-1 (Rural Residential) will assign the parcel the same
zoning district as all surrounding properties and ensures that rural character and land use
will be preserved. The R-1 zoning permits uses consistent with low density development
and limits disturbance to surrounding rural lands.
c. 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.
Staff Comment: Future development resulting from the proposed Zoning Atlas Amendment
will not require use of public utilities. Any future development for residential purposes would
be subject to regulation under the County's stormwater and water supply watershed
regulations, as the property is located in the Upper Eno Protected Watershed.
d. 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.
Staff Comment: According to Appendix F: Relationships Between Land Use Classifications
and Zoning Districts, the proposed R-1 (Rural Residential) zoning district is consistent with
both the 20-Year Transition Land Use Classification, which is defined as "areas changing
from rural to urban in form and density. All densities of residential development would be
appropriate," and the Rural Residential Land Use Classification, defined in the 2030
Comprehensive Plan as "rural areas to be developed as low intensity and low density
residential." The eligible zoning districts in the 20-Year Transition future land use
classification include R-1 (Rural Residential).
e. 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.
Staff Comment: Per the FLUM, the parcel's future land use classification is 20-Year
Transition, which is defined as "areas changing from rural to urban in form and density. All
densities of residential development would be appropriate." A portion of the parcel is also
designated as R-1 (Rural Residential), which is defined in the 2030 Comprehensive Plan as
"land in the rural areas of the County which is appropriate for low intensity and low-density
residential development and which would not be dependent on urban services during the
plan period." It is also A rezoning to R-1 is consistent with these stated goals and objectives.
f. 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.
Staff Comment: The property is designated on the Future Land Use Map (FLUM) as 20-Year
Transition, which is defined as "areas changing from rural to urban in form and density. All
densities of residential development would be appropriate." A portion is also identified as
Rural Residential and is defined in the 2030 Comprehensive Plan as "land in the rural areas
of the County which is appropriate for low intensity and low-density residential development
and which would not be dependent on urban services during the plan period." The proposed
rezoning is consistent with a transition to allow for residential development while maintaining
a low intensity land use.
5
20
The parcel contains the Special Flood Hazard Area (100 Year Floodplain) and 500-Year
Floodplain, as well as a 1.8-acre pond. Future development of the parcel would not infringe
on these features, with the low density and open space requirements for development within
the R-1 zoning district.
g. 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.
Staff Comments: The request to assign the parcel's historic zoning of R-1 (Rural
Residential) ensures that rural character and land use are preserved from any development
resulting from the rezoning. R-1 permitted land uses are consistent with low density
development and limit disturbance on surrounding rural lands. The amendment will assign
the parcel the same zoning district as all surrounding properties. Under N.C.G.S. 106-581.1
and 160D-903, the parcel has Bona Fide Farm Exemption status. The property owners will
maintain this status and use the rear of the parcel for farm use. This aligns with adjacent
property uses as agriculture and maintains the rural character of the area.
h. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and
responsive.
Staff Comment: The Orange County staff has notified the public regarding this application,
as required by Section 2.8.7 of the LIDO, including mailings to neighboring property owners,
posting of the property, and advertisement in the local newspapers. Additionally, staff have
provided all application documents on the Active Development Projects webpage.
i. Natural and Cultural Resources Overarching Goal: A sustainable balance and appreciation
of natural, cultural and agricultural resources.
Staff Comments: Under N.C.G.S. 106-581.1 and 160D-903, the parcel has Bona Fide Farm
status. The property owners plan to continue to use the rear of the parcel for farm use, and
staff will evaluate if future developments are eligible for farm status. New lots created not
under farm use will be regulated and taxable. This use of the land in a manner consistent with
a rural land use aligns with preservation of natural and agricultural resources.
j. Appendix F, Land Use Classification Description for 20-Year Transition: Identifies areas
changing from rural to urban in form and density, where all densities of residential
development would be appropriate. The applied zoning district is R-1 (Rural Residential).
Appendix F, Land Use Classification Description for Rural Residential: Identifies rural areas
to be developed as low intensity and low density residential. The applied zoning district is
R-1 (Rural Residential).
Staff Comment: The requested zoning district is consistent with the 2030 Comprehensive
Plan, Appendix F, Relationships Between Land Use Classifications and Zoning Districts.
6
Attachment 3 21
�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
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Lauren Coffey, Planner I with Orange County, North Carolina, DO HEREBY CERTIFY that
in accordance with the provisions of Section 2.8.7 of the Orange County Unified Development
Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing to be held
regarding Zoning Atlas amendments proposing to rezone two parcels of property located at
1031 Frazier Rd, within the Cheeks Township of Orange County (PIN 9835-74-8573)
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 Board of County
Commissioners Meeting.
WITNESS my hand, this 22nd day of August 2024.
/JwAl C't
Lauren Coffey
Planner I
Planning and Inspections Department
22
�1
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1 919.24S.257S
August 22, 2024
NOTICE OF PUBLIC HEARING
Dear Property Owner:
This notice is to inform you of the September 5, 2024, Board of County Commissioners meeting,
at which an application to rezone a parcel totaling +/- 112.17 acres (PIN 9835-74-8573) will be
reviewed. The subject property is located at 1031 Fraizer Rd., Mebane, within Cheeks Township.
This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and
Unified Development Ordinance Amendments of the Orange County Unified Development
Ordinance (UDO). You are receiving this notice because you own property located within
1,000-feet of the parcels requested for rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Property Information
Parcel ID Number 9835-74-8573
(PIN)
Owner/Applicant Hart's Mill, LLC
Agent Anthony Weston (Planning, Design, and
Development Circle Operational Leader)
Location 1031 Frazier Rd., Mebane
Acreage +/- 112.17 Acres
Current Land Use Rural Residential
Designation
Current Zoning MPD-CZ (Master Plan Development
Conditional Zoning District)
Proposed Zoning Rural Residential (R-1)
Watershed Upper Eno Protected Watershed
Designation
The parcel is currently zoned MPD-CZ(Master Plan Development Conditional Zoning District). The
requested zoning district is Rural Residential (R-1). Additionally, due to the property's location, the
Upper Eno Protected Watershed zoning overlay regulations will be applied.
This amendment request will be reviewed by the Board of County Commissioners during a public
hearing scheduled at 7:00 p.m., September 5, 2024, at the Whitted Meeting Facility(300 West
Tryon Street, Hillsborough, NC — see attached map). All interested persons are invited to
address the Board with their comments regarding the application. The Orange County Board of
23
County Commissioners (BOCC) is the decision-making body regarding land use and zoning
matters. The Board may take one of the following four actions at their meeting, 1) Approval, 2)
Denial, 3) Approval, but with specified changes, or 4) that the Board be given extended time to
consider the matter.
Board of County Commissioners Meeting Information
Date September 5, 2024
Time 7:00 p.m.
Place Whitted Meeting Facility
Address 300 West Tryon Street, Hillsborough, NC
Assigned Lauren Coffey, Planner I
Planner Email: Icoffey@orangecountync.gov
Phone: 919-245-2598
If you cannot attend the public hearing and the website does not answer your questions about the
applications, you may call (919) 245-2575 during regular business hours and you will be directed
to a staff person who can assist you.
Sincerely,
-P2trEc.�z M2LLett
Patrick Mallett
Deputy Director, Development Services
Additional information is available on the Orange County Planning Department's website:
https://www.arcgis.com/apes/dashboards/16e9edd5de724468aed69571 dd1 d9e70
J■ 'IJ
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Whitted Building (300 W. Tryon St.) - Meeting L&ation
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Brian Carson(5/8/2015)
�� Attachment 4 25
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
July 22, 2024
Common Ground Rezoning Application
Case #: MA24-0002
PIN: 9835-74-8573
1031 Frazier Rd.
Re: Development Advisory Committee Report (per UDO Section 1.9.5)
On May 16, 2024, the Orange County Development Advisory Committee met for a final review
and discussion of the conventional rezoning application Case #MA24-0002 from Hart's Mill, LLC
for PIN 9835-74-8573.
The Orange County Development Advisory Committee has no objections to the approval of the
zoning atlas amendment so long as the items in the attached departmental memos are
addressed. The application package features an abstract and staff report that provide the
foundations for my recommendation regarding this application and request.
Sincerely,
Pa&tc,k,Mcc leW
Patrick Mallett
Deputy Director— Development Services
Orange County Government I www.orangecountync.gov 1 919.732.8181
26
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 193.9•245•2575
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: MA24-0002 (Common Ground)
Location/PIN: 9835748573
Applicant: Harts Mill, LLC
Staff Planner: Lauren Coffey, Planner I
DAC Meeting Date: 5/16/2024
Addressing and Britney Pendleton
Land Records Date: 5/14/24 Staff: brpendleton(a)orangecountync.gov
919-245-2576
1. Addressing team recommends naming access road for future development
James Bryan
Attorney's Office Date: Staff: jbryan orangecountync.gov
919-245-2319
1. No comments received.
Building Michael Rettie
Inspections Date: Staff: mrettie(cD-orangecountync.gov
919-245-2604
1. No comments received.
Chris Hirni
DEAPR Date: Staff: chirni(a)_orangecountync.gov
919-245-2514
1. No comments received.
Environmental Victoria Hudson
Health Date: 5/14/2024 Staff: vhudson(a-orangecountync.gov
919-245-2365
1. This Department has existing records for 1021, 1023, 1031, and 1035 Frazier
Road.
2. No other applications have been received.
Erosion Nate Jacobsen
Control Date: 5/13/24 Staff: njacobsen(a)-orangecountync.gov
919-245-2580
1. Proposed project per the "Project Narrative" will eventually require a Land Disturbing
Permit.
27
Fire and Life 5/15/24 Elizabeth Farnan
Safety Date: Staff: efarnan(c)-orangecountync.gov
919-245-6153
1. No comments for the rezoning required. Further comments will be provided once a site
plan is submitted, and development is initiated.
Chuck Edwards
NCDOT Date: 5/13/24 Staff: cnedwards(a)ncdot.gov
336-570-6833
1. NCDOT has previously issued a driveway permit for the connection to Frazier Road
a. That permit has since expired and will either need to be renewed or reapplied for
if there is a major change in use
Lauren Coffey
Planning Date: 5/10/24 Staff: Icoffey(a)_orangecountync.gov
919-245-2598
1. Please elaborate on if any development resulting from the proposed rezoning will require
service from public utilities.
Matt Taylor
Solid Waste Date: 5/13/24 Staff: mtaylor(aD-orangecountync.gov
919-918-4905
1. Future development will require review for future recycling collection by OC Solid Waste and
any construction will require adherence with Regulated Recyclable Materials Ordinance (RRMO).
Stormwater Christopher Sandt
Management Date: 5/13/24 Staff: csandt(_)orangecountync.gov
919-245-2583
1. The parcel is located in the Upper Eno Protected watershed overlay district. A
Stormwater Management Plan (SMP) is required if proposed Land Disturbance
exceeds 21,780 square feet.
Transportation Darlene Weaver
Services Date: 5/14/24 Staff: dweaver(a)-orangecountync.gov
919-245-2002
1 . No comment
28
ORANGE COUNTY
HEALTH DEPARTMENT
Improving health. Inspiring change.
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Victoria Hudson — Orange County Environmental Health Division
CC: Patrick Mallett— Deputy Director Development Services
DATE: May 28, 2024
CASE: MA24-0002
PIN: 9835748573
WATERSHED: Upper Eno Protected
PROJECT: Conventional rezoning from MPD-CZ to R1
SUBJECT: Summary of Plan Review by Orange County Environmental
Health Division
This memo summarizes the findings of an Orange County Environmental Health
plan review of the application for a map amendment, submitted as the "Common
Grounds" project (hereafter, the "project"). The project is located within 112.17 acres
of property on Frazier Road, Mebane. The request proposes development
consisting of:
• Down-zone to the parcel's original zoning of R1 from the current Master Plan
Development Conditional District zoning
• Abandon the MPD-CZ site plan and develop with an alternative site plan
using Flexible Development under R1.
The Staff comments contained herein are based upon the submittal of a required Site
Plan, dated November 18, 2014, and posted for review on April 19, 2024. These
findings should not be interpreted as the Division's final analysis/approval of the
29
proposed development. Soil and site evaluations have not been conducted by
the Orange County Health Department, Environmental Health Division, unless the
plan for wastewater disposal changes from current intention.
The Health Department's role is regulatory for any permitted or licensed facilities or
amenities included in the master plan. Consultation and permitting for public water
supply wells is anticipated early in the project.
Environmental Health Conditions
X At this time, no application(s) have been received. Application(s) and fees
required.
n/a Improvement Permit(s) shall only be issued upon presentation of the exact
structure to be constructed.
n/a Permit(s) must be issued by the Orange County Health Department prior to any
alteration of the lot(s).
X Permit conditions may apply.
Existing EH records are attached.
X Existing well and/or septic systems will be impacted.
Contact Public Water Supply for on-site water supply.
Other:
Conclusion:
EH has no objections to the approval of the zoning request so long as the above list
is addressed to the Orange County Health Department for processing and issuance
of Permits. This designation is not an Improvement Permit or Well Permit and not
approval for a septic system or on-site water supply. Additional field observations
and/or permitting by others may apply beyond the proposed development as shown
with this request. Please direct any questions or requests for Laws, Rules, and
policy to ehapplications(u)_orangecountync.gov.
" A ` W a "l 05-28-2024
Victoria Hudson, MPA, REHS Date
Or designee
30
Orange County
7 ,2 Emergency Services
A Prepared,Coordinated,and Integrated Emergency Services System
E9�,i1�r1
>=-911 I Fire Marshal I EMS I Emergency Management
Fire & Life Safety Division
TO: Cy Stober, AICP— Director, Planning & Inspections
FROM: Elizabeth Farnan — Division Chief of Fire & Life Safety, Emergency Services
CC: Lauren Coffee— Planner I, Planning & Inspections
Date: May 30, 2024
CASE: MA24-0002 (Common Grounds)
PIN: 9835748573
PROJECT: Conventional rezoning from MPD-CZ to R1
SUBJECT: Rezoning Review Regarding Conformance with Orange County Unified
Development Ordinance (UDO) for Emergency Apparatus Access, Addressing,
and Water Availability for Required Fire Flow
This memo is to show that the Fire & Life Safety Division has NO OBJECTIONS to the
approval of the rezoning request. Further requirements will be in place once site and
construction plans have been submitted.
May 30, 2024
Elizabeth Farnan, FM Date
510 Meadowlands Drive I Hillsborough, NC 27278 1 (919) 245-6100 Main Office
www.orangecountync.gov/oces
31
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Christopher Sandt, PE — County Engineer, Planning & Inspections; and
Steve Kaltenbach, Erosion Control and Stormwater Manager
CC: Patrick Mallett, Deputy Director Development Services
DATE: June 5, 2024
CASE: MA24-0002
PIN: 9835-74-8573
WATERSHED: Upper Eno Protected (Neuse River Basin)
PROJECT: Common Ground
Conventional District Zoning Atlas Amendment
SUBJECT: Summary of Findings Regarding Conformance with Orange County
Unified Development Ordinance (UDO) for Erosion & Sedimentation
Control and Stormwater Management
This memo summarizes the Development Services Erosion Control and Stormwater
Management Division's (hereafter, the "Division's) assessment of the submitted Zoning
Atlas Amendment application for an R-1 Conventional District, submitted as the "Common
Ground" project (hereafter, the "project"). The project is located within 112.17 acres of
property located at 1031 Frazier Road in the Cheeks township of Orange County, North
Carolina.
The request proposes rezoning from MPD-CZ to R-1.
The Staff comments contained herein are based upon an Application and a "Site Plan"
(i.e., a copy of the recorded plat, Book 114, Page 81). These findings should not be
interpreted as the Division's final analysis/approval of the proposed development. Upon
zoning approval, the proposed development would then be required to submit a Land
Disturbing Permit (LDP) which would formally review and approve development activity
consistent with the available documents.
Erosion & Sedimentation Control (E&SC):
No E&SC related materials were submitted with the Zoning Atlas Amendment application.
According to current Orange County GIS imagery of the project parcel, there are three
mapped stream features within the project parcel boundaries. Orange County enforces
Page 1 of 2
Orange County Government I www.orangecountync.gov 1 919.732.8181
32
stream buffers along streams, rivers, water bodies, and other water features (e.g.,
wetlands) as outlined in Section 6.13 of the Orange County UDO. A floodplain buffer is
located on the Eastern portion of the subject parcel. Based on the submitted materials for
the proposed development, the project could meet the basic Erosion and Sedimentation
Control requirements as required by Orange County UDO Section 6.15 and could be
developed as generally proposed. The proposal will also require an Army Corps PCN
404/401 application for both the wetland impact and stream buffer impact and issuance
of Orange County buffer impact authorization certificate for the planned stream crossing.
Stormwater Management:
No stormwater management related materials were submitted with the Zoning Atlas
Amendment application. According to current Orange County GIS imagery, there are
mapped Special Flood Hazard Areas (SFHAs) located on the project parcel. The project
will need to meet applicable stormwater management requirements as outlined in Section
6.14 of the Orange County UDO and must be in general conformance with the North
Carolina Stormwater Design Manual (i.e., Minimum Design Criteria).
Conclusion:
The Division has No Objections to the approval of the Zoning Atlas Amendment request
so long as a complete LDP application and supporting plans and calculations are
submitted for review, processing, and approval prior to commencement of on-site Land-
Disturbing Activity. As the project progresses, additional field observations, and/or
permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental
Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or
additional Orange County review and permitting may apply beyond the proposed
development as shown with this Zoning Atlas Amendment request.
n Digitally signed by Christopher 1.5andt,P.E.
Christopher J. S a n d t, P,E. ou—Engineering
DMsioandt,P.E,o=Orange CgecountY«.gov,c-U
ou=En ineerin Division email=csandt@oran ecount nc.ov,c=US
Date:2024.06.05 08:22:43-04'00'
Christopher Sandt, PE Date
6-4-2024
Steve Kaltenbach Date
Page 2 of 2
33
ORANGE COUNTY
Department of Environment,
Agriculture,Parks&Recreation
MEMORANDUM
To: Ashley Moncado,Planner III, Planning and Inspections Department
From: Christian Hirni,DEAPR Land Conservation Manager
Date: June 6,2024
Re: Common Ground EcoVillage-Map Amendment Application
Thank you for the opportunity to review and comment on the proposed Common Ground EcoVillage-
Map Amendment Application. The Map Amendment would revert the zoning designation to Rural
Residential on approximately 112 acres located east of Frazier Road and south of Lebanon Road(Upper
Eno Protected Watershed). The subject property is compiled of one parcels (PIN 9835-74-8573).
The property contains a large tributary(over 3,700 linear feet)to McGowan Creek, and almost the entire
eastern border(over 2,700 linear feet) is the center streamline of McGowan Creek.
DEAPR comments on subdivisions are generally intended to a)address any concerns with respect to
potential impacts on important natural or cultural resources,and b)identify any areas that might be
desirable for possible dedication to the County for public recreation/open space pursuant to Section 7.11.5
of the Unified Development Ordinance.
Natural Resources Review Comments:
The sections of the forested areas along both McGowan Creek and its tributary, approximately 34 acres in
size,is recognized in the 2030 Orange County Comprehensive Plan Future Land Use Map as a"Resource
Protection Area". These areas were determined to be of conservation value considering several factors,
including but not limited to the existence of floodplains,wetlands,bottomland hardwood forests,and soils
of statewide importance. Cross referencing the State Natural Heritage Program dataset of the Biodiversity
and Wildlife Corridor Assessment confirms the area to be of Moderate conservation value. All of the
forested areas are recognized in the 2019 Eno-New Hope Landscape Connectivity Report to be of
Moderate conservation value as Habitat Patch and Wildlife Corridors.As such,this area would be a
desired addition to any potential extension of the proposed open space on the tract. All these areas are
under current negotiations for a permanent conservation easement to be held jointly by Eno River
Association and Orange County.
There are no additional natural resource areas of high significance(e.g.,natural heritage sites,proposed
wildlife corridors,threatened or endangered species)located on this property that would warrant further
potential DEAPR recommendations for open space.
Cultural Resources Review Comments: There are no previously identified historic properties or resources
located on the subject parcel.
As with any development,care should be taken to locate, identify and protect any potential human burial
sites or cemeteries. The current Cemetery Census does not show any identified burials on this parcel.
Anyone who encounters what appears to be a burial or grave should immediately contact the Orange
County Cultural Resources Coordinator at 919-245-2517.
34
Potential for Parks/Open Space Dedication: The amount of land generated by this development would
not constitute sufficient or usable land area. Staff recommends that payment-in-lieu of dedication be
utilized in this case.
If you have questions please contact Christian at 245-2514 or Peter Sandbeck at 245-2517.
35
NC* DOA
Department of Administration
Roy Cooper Pamela B. Cashwell
Governor Secretary
June 10, 2024
Lauren Coffey
Hart's Mill Ecovillage, LLC
c/o Orange County Planning& Inspections
131 W. Margaret Lane, Suite 201
Hillsborough, NC 27278-
Re: SCH File#24-E-4600-0287 Hart's Mill Ecovillage, LLC is applying to vacate the existing Master Plan
Development-Conditional Zoning(MPD-CZ)for our land and revert to R-1 conventional base zoning.This
is to enable us to develop an alternative site plan using the smaller and lot-based village layout that is
now much more fe
Dear Lauren Coffey:
The above referenced environmental impact information has been reviewed through the State Clearinghouse under
the provisions of the North Carolina Environmental Policy Act.
Attached to this letter are comments made in the review of this document. Because of the nature of the comments,
it has been determined that no further State Clearinghouse review action on your part is needed for compliance
with the North Carolina Environmental Policy Act.The attached comments should be taken into consideration in
project development.
If you have any questions, please do not hesitate to contact me at (984) 236-0000.
Sincerely,
KADISHA MOLYNEAUX
State Environmental Review Clearinghouse
Attachments
Mailing Location
1301 Mail Service Center I Raleigh, NC 27699-1301 116 West Jones St. I Raleigh NC 27603
a 984-236-0000 T
ncadmin.nc.gov
F Mc STATE oF�
0,173
36
5 a
*AYE�M.npEY�x
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
ELIZABETH S.BISER
Secretary
To: Kadisha Molyneaux
State Clearinghouse
NC Department of Administration
From: Lyn Biles
Division of Environmental Assistance and Customer Service
Re: 24-0287
Environmental Assessment- Hart's Mill Ecovillage, LLC is applying to
vacate the existing Master Plan Development-Conditional Zoning(MPD-
CZ) for our land and revert to R-1 conventional base zoning, in order to
develop an alternative site plan using the smaller and lot-based village
layout that is now much more feasible for us given our membership and
resources but is precluded under our current MPD-CZ.
Orange County
Date: June 8, 2024
The Department of Environment Quality has reviewed the proposal for the project mentioned.After
analyzing the information provided, our agencies have identified several permits that may be required.The
NC Wildlife Resources Commission (NCWRC)offers preliminary recommendations for planning the
community with the intent to minimize impacts to aquatic and terrestrial wildlife resources.You'll find the
comments attached for your review.
We are always available to assist the applicant with any specific doubts or concerns related to the permits
and recommendations.
We sincerely appreciate your time and consideration in reviewing our response to the project proposal.
Attachments
DE Q�� North Carolina Department of Environmental Quality
_ 217 West Jones Street 1 1601 Mail Service Center I Raleigh,North Carolina 27699-1601
NORTH CARC INA
oaParoaemotea.lmnmamaigaai\ 919.707.8600
37
IQ North Carolina Wildlife Resources Commission 9
Ingram Cameron, Executive Director
MEMORANDUM
TO: Lyn Biles,Environmental Assistance and SEPA Coordinator
NCDENR Division of Environmental Assistance and Customer Services
FROM: Olivia Munzer,Western Piedmont Coordinator
Habitat Conservation
DATE: 07 June 2024
SUBJECT: Environmental Assessment for the Hart's Mill Ecovillage in Orange County,North
Carolina. DEQ No. 24-0287.
Biologists with the North Carolina Wildlife Resource Commission(NCWRC)have reviewed the subject
document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination
Act(48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-13 1
et seq.).
Hart's Mill Ecovillage is applying to change the zoning of the property from Master Plan Development-
Conditional Zoning to R-1 Conventional Base Zoning. This change in zoning will allow for a UDO's
Flexible Development-Conservation Cluster framework. The site is located on approximately 112 acres at
1031 N. Frazier Road,Mebane, Orange County,North Carolina.According to the application,the plans
for the village will be individually held lots,HOA governed,and approximately 40%of the 112 acres will
be put into Open Space and land preservation.
McGowan Creek in the Neuse River Basin flows through the site. McGowan Creek is classified as a
Water Supply Watershed II,Nutrient Sensitive, and High Quality Water by the NC Division of Water
Resources. We have records for the state threatened notched rainbow(Villosa constricta)downstream
from the site. The lack of records from the site does not imply or confirm the absence of federal or state-
listed species.An on-site survey is the only means to determine if the proposed project may impact
federal or state rare,threatened, or endangered species. We have known records for the state endangered
and federally proposed endangered tricolored bat(Perimyotis subflavus) in Orange County and potentially
suitable habitat may occur on the site. We recommend contacting the U.S. Fish and Wildlife Service to
ensure that any issues related to this species are addressed.
We offer the following preliminary recommendations for planning of the community with the intent to
minimize impacts to aquatic and terrestrial wildlife resources:
1. We recommend not clearing the entire site,but rather maintaining the maximum amount of native
vegetation as possible.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
38
07 June 2024 Page 2 NCWRC Comments
Hart's Mill Ecovillage
Orange County
2. Maintain a minimum 100-foot undisturbed,native,forested buffer along perennial streams, and a
minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed,
forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife
resources,water quality, and aquatic habitat both within and downstream of the project area.
Also,wide riparian buffers are helpful in maintaining stability of stream banks and for treatment
of pollutants associated with urban stormwater.
3. We recommend minimizing clearing of living, dying,or dead mature trees,particularly if they are
hardwoods,and avoid tree clearing activities during the activity period for tricolored bats (April 1
—November 14).
4. Incorporate the following elements into erosion and sediment control plans: minimize clearing
and grading,protect waterways,phase construction for larger construction sites (>25 acres),
stabilize soils as rapidly as possible (<2 weeks),protect steep slopes, establish appropriate
perimeter controls, employ advanced settling devices,implement a certified contractors program,
and regularly inspect erosion control measures.
5. We recommend using native plants for seeding disturbed areas.Avoid using non-native and/or
invasive species such as Bermudagrass,redtop, fescue, and lespedeza.Alternatively,use grains,
such as oats,wheat,or rye for temporary cover and native seed mixes for permeant seeding. A list
of alternatives to non-native species has been attached.We recommend planting native,
wildflower seed mixes that will create pollinator habitat within the project boundary as well as
planting native trees and shrubs in landscaping.Avoid using invasive,non-native plants in seed
mixtures or landscaping plants(http://www.ncwildflower.org//plant galleries/invasives_list).
6. Use non-invasive native species and Low Impact Development(LID)technology in landscaping.
Using LID technology in landscaping will not only help maintain the predevelopment hydrologic
regime,but also enhance the aesthetic and habitat value of the site. LID techniques include
permeable pavement and bioretention areas that can collect stormwater from driveways and
parking areas. Additional alternatives include narrower roads, swales versus curbs/gutters, and
permeable surfaces such as turf stone,brick, and cobblestone. Compared to conventional
developments,implementing appropriate LID techniques can be more cost-effective, increase
property values,provide space-saving advantages,reduce runoff, and protect water quality
(Roseen et al. 2011).
Also, additional information on LID can be found at the NC State University LID guide:
LID Guidebook. NCWRC's Green Growth Toolbox provides information on nature-friendly
planning(Green Growth Toolbox).
7. We recommend using green construction techniques to improve water,waste, and energy
efficiency, such as environmental-friendly building techniques, construction waste management,
energy efficient building materials, and rain gardens.
8. Consider using wildlife friendly outdoor lighting since light pollution can impact the circadian
rhythms of animals, disrupt behavior, cause injury, or death. Lights should only be on when
needed;use lights only where necessary; lights should have wavelength greater than 560 nm
emissions(i.e.,narrow-spectrum LEDs or low-pressure sodium);mount the fixture as low as
possible;use the lowest wattage necessary; and lights should be fully shielded.
9. Erosion control matting made of plastic mesh or twine should not be used within the project area
because it can injure or kill wildlife.
We have no concerns regarding the change to zoning if the applicant adheres to the Conservation Cluster
Framework and maintains at least 40%natural open space and land preservation.At this time,the
information provided is not sufficient for our staff to make definitive recommendations or conclusions
concerning this project.A site plan can help guide our recommendations. If I can be of additional
assistance,please call(336)269-0074 or email olivia.munzer@ncwildlife.org.
39
RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN
NORTH CAROLINA"
(Species are appropriate for all geographic regions unless otherwise indicated)
NON-NATIVE SPECIES NATIVE SPECIES
Big bluestem Andropogon gerardii
Little bluestem Schizachyrium scoparium
Indiangrass Sorghastrum nutans
Crownvetch Switchgrass Panicum virgatum
Centipede Beaked panicgrass Panicum anceps
Bermuda Purpletop Tridens flavus
Roundheaded bushclover Lespedeza capitata
Deer tongue Dicanthelium clandestinum
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata
Big bluestem Andropogon gerardii
Little bluestem Schizachyrium scoparium
Indiangrass Sorghastrum nutans
Switchgrass Panicum virgatum
Kentucky bluegrass Beaked panicgrass Panicum anceps
Tall fescue Purpletop Tridens flavus
Sudangrass Broomsedge Andropogon virginicus
Deer tongue Dicanthelium clandestinum
Canadian wildrye Elymus canadensis
Virginia wildrye Elymus virginicus
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata
Switchgrass Panicum virgatum
Splitbeard bluestem Andropogon ternarius
Sericea lespedeza Beggarlice Desmodium spp.
Kobe lespedeza Deer tongue Dicanthelium clandestinum
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata
40
NC Native Plant Recommendations
**A recommended revegetation/stabilization mix would ideally include a combination
of the species listed in this table. In addition, please note that additional consideration
may be needed in areas that are (highly) erodible and/or have sloped terrain. The
following species could be included in all regions for additional stabilization and
wildlife benefit:
Black-eyed susan: Rudbeckia hirta
Plains coreopsis: Coreopsis tinctoria
Lance-leaved coreopsis: Coreopsis lanceolata
Narrow-leaved sunflower: Helianthus angustifolius
Created October 2018
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43
NCNHDE-26267: Hart's Mill Ecovillage Rezoning
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ROY COOPER - v
Governor
ELIZABETH S.BISER
Secretaryfssr coca.
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
DATE: May 22, 2024
TO: Michael Scott, Division Director through Sharon Brinkley
FROM: Lee Hill, Environmental Senior Specialist-Solid Waste Section Field Operations
Branch
RE: SEPA Project 24-0287 Orange County, NC
Hart's Mill Ecovillage
The Solid Waste Section has reviewed the Environmental Assement documents submitted by Hart's
Mill Ecovillage for the proposed rezoning 1031 N. Frazier Road, Mebane, Orange County. The review
has been completed and has found no adverse impact on the surrounding community and likewise
knows of no situations in the community, which would affect this project from a solid waste
perspective.
During the project, every feasible effort should be made to minimize the generation of waste, to
recycle materials for which viable markets exist, and to use recycled products and materials in the
development of this project where suitable. Any waste generated by this project that cannot be
beneficially reused or recycled must be disposed of at a solid waste management facility approved
to manage the respective waste type.The Section strongly recommends that any contractors are
required to provide proof of proper disposal for all waste generated as part of the project. A list of
permitted solid waste management facilities is available on the Solid Waste Section portal site at:
htti)s://deci.nc.gov/about/divisions/waste-management/sol id-waste-section/solid-waste-perm itted-
faci I ity-i nformation-a nd-gu ida nce/so I id-waste-faci I ity-I ists
Please contact Chuck Kirchner, Environmental Senior Specialist,for any questions regarding solid
waste management for this project. Mr. Kirchner can be reached at(336) 776-9633 or by email at
chuck.kirchner@dea.nc.gov.
Ec: Jason Watkins, Solid Waste Section Chief
Chuck Kirchner, Environmental Senior Specialist
D E Q�� Office
Carolina Department of Environmental Quality I Division of Waste Management
Asheville Regional Oce 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
NORTH CAROLINA
ftp.ro.M W E-i.— l Q.Wny /`� 828.296.4500
State of North Carolina Department of Environmental Quality 45
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0287 Due Date:6 5 2024
County: Orange
After review of this project,it has been determined that the DEQ permit(s)and/or approvals indicated may need to be obtained for this project to
comply with North Carolina Law.Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the
form.All applications,information and guidelines relative to these plans and permits are available from the same Regional Office.
Normal Process
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time
(Statutory time
limit)
Permit to construct&operate wastewater Application 90 days before begins construction or award of
treatment facilities,non-standard sewer system 30 days
❑ extensions&sewer systems that do not construction contracts.On-site inspection may be required.Post- (90 days)
discharge into state surface waters. application technical conference usual.
Permit to construct&operate,sewer
extensions involving gravity sewers,pump Fast-Track Permitting program consists of the submittal of an 30 days
❑ stations and force mains discharging into a application and an engineer's certification that the project meets all (N/A)
sewer collection applicable State rules and Division Minimum Design Criteria.
system
NPDES-permit to discharge into surface water Application 180 days before begins activity.On-site inspection.Pre-
and/or permit to operate and construct application conference usual.Additionally,obtain permit to construct 90-120 days
wastewater facilities discharging into state wastewater treatment facility granted after NPDES.Reply time,30 days (N/A)
surface waters. after receipt of plans or issue of NPDES permit-whichever is later.
❑ Water Use Permit Pre-application technical conference usually necessary. 30 days
(N/A)
Complete application must be received,and permit issued prior to the
❑ Well Construction Permit installation of a groundwater monitoring well located on property not 7 days
owned by the applicant,and for a large capacity(>100,000 gallons per (15 days)
day)water supply well.
Application copy must be served on each adjacent riparian property
❑ Dredge and Fill Permit owner.On-site inspection.Pre-application conference usual.Filling may 55 days
require Easement to Fill from N.C.Department of Administration and (90 days)
Federal Dredge and Fill Permit.
Permit to construct&operate Air Pollution Application must be submitted,and permit received prior to
❑
construction and operation of the source. If a permit is required Abatement facilities and/or Emission Sources as in an area without local zoning,then there are additional 90 days
per 15 A NCAC(2Q.0100 thru 2Q.0300) requirements and timelines(2Q.0113).
Any open burning associated with subject
® proposal must be in compliance with 15 A NCAC N/A 60 days
(90 days)
2D.1900
Demolition or renovations of structures Please Note-The Health Hazards Control Unit(HHCU)of the N.C.
containing asbestos material must be in Department of Health and Human Services,must be notified of plans to
® compliance with 15 A NCAC 20.1110(a)(1) demolish a building,including residences for commercial or industrial 60 days
which requires notification and removal prior to expansion,even if no asbestos is present in the building. (90 days)
demolition.Contact Asbestos Control Group
919-707-5950
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity.An erosion&
sedimentation control plan will be required if one or more acres are to be disturbed.Plan must be filed with and approved 20 days
❑ by applicable Regional Office(Land Quality Section)at least 30 days before beginning activity. A NPDES Construction (30 days)
Stormwater permit(NCG010000)is also usually issued should design features meet minimum requirements. A fee of
$100 for the first acre or any part of an acre. An express review option is available with additional fees.
Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular (30 days)
❑ attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable
Stormwater conveyances and outlets.
Sedimentation and erosion control must be addressed in accordance with Local Government's approved program. Based on Local
❑ Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well
as stable Stormwater conveyances and outlets. Program
❑ Compliance with 15A NCAC 04B.0125—Buffers Zones for Trout Waters shall have an undisturbed buffer zone 25 feet wide or of sufficient width
to confine visible siltation within the twenty-five percent(25%)of the buffer zone nearest the land-disturbing activity,whichever is greater.
❑ Compliance with 15A NCAC 2H.0126-NPDES Stormwater Program which regulates three types of activities:Industrial, 30-60 days
Municipal Separate Storm Sewer System&Construction activities that disturb>_1 acre. (90 days)
Compliance with 15A NCAC 2H 1000-State Stormwater Permitting Programs regulate site development and post- 45 days
❑ construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties,and (90 days)
various other counties and watersheds throughout the state.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3
April 4,2022/lbh
State of North Carolina Department of Environmental Quality 46
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0287 Due Date:6 5 2024
County: Orange
Normal Process
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time
(Statutory time
limit)
On-site inspection usual.Surety bond filed with DEQ Bond amount
❑ Mining Permit
varies with type mine and number of acres of affected land.Affected 30 days
area greater than one acre must be permitted.The appropriate bond (60 days)
must be received before the permit can be issued.
If permit required,application 60 days before begin construction.
Applicant must hire N.C.qualified engineer to prepare plans,inspect
construction,and certify construction is according to DEQ approved
❑ Dam Safety Permit plans.May also require a permit under mosquito control program.And 30 days
a 404 permit from Corps of Engineers.An inspection of site is necessary (60 days)
to verify Hazard Classification. A minimum fee of$200.00 must
accompany the application.An additional processing fee based on a
percentage,or the total project cost will be required upon completion.
❑ Oil Refining Facilities N/A 90-120 days
(N/A)
File surety bond of$5,000 with DEQ running to State of NC conditional 10 days
❑ Permit to drill exploratory oil or gas well that any well opened by drill operator shall,upon abandonment,be N/A
plugged according to DEQ rules and regulations.
❑ Geophysical Exploration Permit Application filed with DEQ at least 10 days prior to issue of permit. 10 days
Application by letter.No standard application forms. N/A
Application fee based on structure size is charged.Must include 15-20 days
❑ State Lakes Construction Permit descriptions&drawings of structure&proof of ownership of riparian N/A
property
Compliance with the T15A 02H.0500 Certifications are required 60 days
® 401 Water Quality Certification whenever construction or operation of facilities will result in a (130 days)
discharge into navigable water as described in 33 CFR part 323.
Compliance with Catawba,Goose Creek,Jordan Lake,Randleman,Tar Pamlico or Neuse Riparian Buffer Rules is required.Buffer requirements:
® http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-riparian-
buffer-protection-program
Nutrient Offset:Loading requirements for nitrogen and phosphorus in the Neuse and Tar-Pamlico River basins,and in the Jordan and Falls Lake
® watersheds,as part of the nutrient-management strategies in these areas. DWR nutrient offset information:
http://deg.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information
❑ CAMA Permit for MAJOR development $250.00-$475.00 fee must accompany application 75 days
(150 days)
❑ CAMA Permit for MINOR development $100.00 fee must accompany application 22 days
(25 days)
❑ Abandonment of any wells,if required must be in accordance with Title 15A.Subchapter 2C.0100.
❑ Notification of the proper regional office is requested if"orphan"underground storage tanks(USTS)are discovered during any excavation
operation.
Plans and specifications for the construction,expansion,or alteration of a public water system must be approved by the
Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction
❑ as per 15A NCAC 18C.0300 et.seq.,Plans and specifications should be submitted to 1634 Mail Service Center,Raleigh, 30 days
North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring
requirements.For more information,contact the Public Water Supply Section,(919)707-9100.
If existing water lines will be relocated during the construction,plans for the water line relocation must be submitted to
❑ the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center,Raleigh,North Carolina 27699- 30 days
1634.For more information,contact the Public Water Supply Section,(919)707-9100.
Plans and specifications for the construction,expansion,or alteration of the water system must be approved through the delegated
❑ plan approval authority. Please contact them at for further information.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3
April 4,2022/lbh
State of North Carolina Department of Environmental Quality 47
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 24-0287 Due Date:6 5 2024
County: Orange
Other Comments(attach additional pages as necessary, being certain to comment authority)
Division Initials No Comments Date
comment Review
DAQ SH ❑ See checked boxes above. 5/16/2024
DWR-WQROS ❑ &See checked boxes.Several mapped features are depicted on site 5/29/2024
(Aquifer&Surface) &KM and may be subject to the riparian buffer rules.Any impacts to the riparian
buffer will need a buffer determination and auhtorization. Local and State
buffer programs should be checked for applicability. If any impacts to
surface water are anticipated,401/404 approval may be required.
DWR-PWS ❑ / /
DEMLR(LQ&SW) ❑
DWM—UST MRP ® 5/28/2024
Other Comments ❑ / /
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional Office marked below.
❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office
2090 U.S.70 Highway 225 Green Street,Suite 714, 610 East Center Avenue,Suite 301,
Swannanoa, NC 28778-8211 Fayetteville, NC 28301-5043 Mooresville, NC 28115
Phone:828-296-4500 Phone:910-433-3300 Phone:704-663-1699
Fax:828-299-7043 Fax:910-486-0707 Fax:704-663-6040
® Raleigh Regional Office ❑ Washington Regional Office ® Wilmington Regional Office
3800 Barrett Drive, 943 Washington Square Mall, 127 Cardinal Drive Ext.,
Raleigh,NC 27609 Washington, NC 27889 Wilmington,NC 28405
Phone:919-791-4200 Phone:252-946-6481 Phone:910-796-7215
Fax:919-571-4718 Fax:252-975-3716 Fax:910-350-2004
❑ Winston-Salem Regional Office
450 Hanes Mill Road,Suite 300,
Winston-Salem,NC 27105
Phone:336-776-9800
Fax:336-776-9797
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3
April 4,2022/lbh
48
ROY COOPER
Governor `
ELIZABETH S.BISER �� .
Secretary � +
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
Date: May 13, 2024
To: Michael Scott, Director
Division of Waste Management
Through: Janet Macdonald
Inactive Hazardous Sites Branch
From: Katie C Tatum
Inactive Hazardous Sites Branch
Subject: SEPA Project# 24-0287 Hart's Mill Ecovillage, LLC/Orange Co, Orange County, North Carolina
The Superfund Section has reviewed the proximity of sites under its jurisdiction to the Hart's Mill
Ecovillage, LLC/Orange Co project. Hart's Mill Ecovillage, LLC is applying to vacate the existing Master Plan
Development-Conditional Zoning (MPD-CZ) for our land and revert to R-1 conventional base zoning. This is to
enable us to develop an alternative site plan using the smaller and lot-based village layout that is now much
more feasible for us given our membership and resources but is precluded under our current MPD-CZ.
No (0) Superfund Section sites and one (1) Brownfields Program Sites were identified within one mile
of the project as shown on the attached report. The Superfund Section recommends that site files be
reviewed to ensure that appropriate precautions are incorporated into any construction activities that
encounter potentially contaminated soil or groundwater. Superfund Section files can be viewed at:
http://deg.nc.gov/waste-management-laserfiche.
Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the
Superfund Section review portion of this SEPA/NEPA inquiry.
D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh,North Carolina 27699-1646
t3pRT11 C.ARnI INA
o rokmm�a�m�anal\ /� 919107.8200
5/13/24,3:45 PM about:blank
49
Superfund & Brownfield Sites SEPA/NEPA Review Report
Area of Interest (AOI) Information Orange County SEPA project 24-0287
Area : 3,557.47 acres
May 13 2024 15:44:06 Eastern Daylight Time
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Inactive Hazardous Sites
INC Brownfields Location View o os s 2km
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about:blank 1/2
5/13/24,3:45 PM about:blank
50
Superfund and Brownfield Sites
Orange County SEPA project 24-0287
Summary
Name Count Area(acres) Length(mi)
Certified DSCA Sites 0 N/A N/A
Federal Remediation Branch Sites 0 N/A N/A
Inactive Hazardous Sites 0 N/A N/A
Pre-Regulatory Landfill Sites 0 N/A N/A
Brownfields Program Sites 1 N/A N/A
Brownfields Program Sites
# I BF ID BF Name Count
1 300399068 Redman Homes(Barber&Ross) 1
about:blank 2/2
51
Department of Environmental Quality
Project Review
Project Number: 24-0287 County: Orange Date Received: 5-8-2024
Due Date: 6-5-2024
Environmental Assessment-Hart's Mill Ecovillage, LLC is applying to vacate the existing
Project Description: Master Plan Development-Conditional Zoning (MPD-CZ) for our land and revert to R-1
conventional base zoning. This is to enable us to develop an alternative site plan using
the smaller and lot-based village layout that is now much more feasible for us given our
membership and resources but is precluded under our current MPD-CZ.
1031 N. Frazier Rd, Mebane, NC 27302, Parcel ID: 9835-74-8573
This Project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville F,/—] Air Air Quality 1:1Coastal Management
Fayetteville a DWR Fv--']Waste Mgmt Marine Fisheries
Mooresville �✓ DWR-Public Water Fl—fl Water Resources Mgmt (Public CC&PS Div. of
✓ Water,Planning&Water Emergency Mgmt
Raleigh DEMLR(LQ&SW) Quality Program)
DMF-Shellfish Sanitation
Washington Fv—f] DWM El DWR-Transportation Unit �✓ wildlife Olivia
Wilmington
Wildlife/DOT
Winston Salem
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
6/5/24 Melodi Deaver,DWM Hazardous Waste
Response(check all applicable)
No objection to project as proposed. X No Comment
Insufficient information to complete review Other(specify or attach comments)
52
Department of Environmental Quality
Project Review
Project Number: 24-0287 County: Orange Date Received: 5-8-2024
Due Date: 6-5-2024
Environmental Assessment-Hart's Mill Ecovillage, LLC is applying to vacate the existing
Project Description: Master Plan Development-Conditional Zoning (MPD-CZ) for our land and revert to R-1
conventional base zoning. This is to enable us to develop an alternative site plan using
the smaller and lot-based village layout that is now much more feasible for us given our
membership and resources but is precluded under our current MPD-CZ.
1031 N. Frazier Rd, Mebane, NC 27302, Parcel ID: 9835-74-8573
This Project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville F,/—] Air Air Quality 1:1Coastal Management
Fayetteville a DWR Fv--']Waste Mgmt Marine Fisheries
Mooresville �✓ DWR-Public Water Fl—fl Water Resources Mgmt (Public CC&PS Div. of
✓ Water,Planning&Water Emergency Mgmt
Raleigh DEMLR(LQ&SW) Quality Program)
DMF-Shellfish Sanitation
Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia
Wilmington
Wildlife/DOT
Winston Salem
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
5/16/2024 DWR/WRM David Wainwright
Response(check all applicable)
No objection to project as proposed. X No Comment
Insufficient information to complete review Other(specify or attach comments)
Attachment 5 53
DRAFT
1 Excerpt of Minutes MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 AUGUST 7,2024
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair),
8 Cheeks Township Representative; Statler Gilfillen, Eno Township Representative; Steve
9 Kaufmann, Bingham Township Representative; Charity Kirk,At-Large Representative; Chris
10 Johnston, Hillsborough Township Representative; Whitney Watson,At-Large Representative;
11 Marilyn Carter, At-Large Representative; Delores Bailey,At-Large Representative
12
13 MEMBERS ABSENT: Liz Kalies, Chapel Hill Township Representative; Beth Bronson,At-Large Representative
14
15 STAFF PRESENT: Perdita Holtz, Deputy Director—Long Range Planning &Administration; Patrick Mallett,
16 Deputy Director—Development Services; Lauren Coffey, Planner I; Jack Moran, Planning
17 Technician
18
19 OTHERS PRESENT: Jamie COX, Brian McGuire, Jerry Blanchard, Tammy McGuire, Becky Laskody, Lucas
20 Babinec, Douglas Jones, Linda Ridenhouse, Jessica King, Frank Cohen
21
22 ******
23
24 AGENDA ITEM 7: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT)-To review and make a
25 recommendation to the BOCC on an applicant-initiated zoning atlas amendment to rezone one parcel totaling
26 +/- 112.17 acres from MPD-CD (Master Plan Development—Conditional District) to R-1 (Rural Residential).
27 The parcel is located at 1031 Frazier Road, Mebane within the Cheeks Township (PIN: 9835-74-8573). This
28 item is scheduled for BOCC public hearing on September 5, 2024.
29
30 Adam Beeman: First agenda item is a zoning atlas amendment for Frazier Road in Mebane, Cheeks
31 Township.
32 Lauren Coffey: Thank you, Chair. Tonight, I present to you a Zoning Atlas Amendment for a
33 Conventional District Rezoning. This is a Conventional District Rezoning, so standards
34 must be uniformly applied throughout the county. It's not site specific and individualized
35 conditions may not be imposed. Tonight's objective is to hear from the applicant, staff
36 and public, review and discuss, and then ultimately make your recommendation to the
37 Board of County Commissioners. So, where are we at? It is at 1031 Frazier Road in
38 Mebane, North Carolina in the Cheeks Township, and it's in the Upper Eno Protected
39 Watershed. The applicant tonight is Hart's Mill. It's currently under the name Common
40 Ground, so they've gone through a little bit of a change there. The current zoning is MPD-
41 CZ. This was a Master Plan Conditional Zoning District from a previous rezoning to this
42 district to the site plan that you see before you. It also has the Upper Eno Protected
43 Watershed overlay. The applicant tonight is requesting the rezoning. It's a down zoning
44 to Rural Residential which was the original zoning of the parcel and is also the
45 surrounding zoning. So, when we're thinking about a rezoning, we're looking at the
46 Future Land Use Map designation. This parcel is primarily in the 20-Year Transition. This
47 means it's land that has been identified as being in areas that are in the process of
48 changing from rural to urban. These are suitable for urban-type densities and should be
49 provided with public utilities and services within the second 10-year phase of the plan.
50 They propose no amendment to the Future Land Use Map. There's also just a very small
54
DRAFT
51 portion there that is designated Rural Residential, which is the zoning that they are
52 requesting. Looking at the surrounding land uses, all meet that same Rural Residential
53 type. They are either single-family residential uses or undeveloped land, some with
54 agriculture. So, requirements from the Conventional District application, they completed
55 their Zoning Atlas Amendment application. There is a map showing the land proposed for
56 rezoning that they submitted to us in the form of a plat. They provided us with a narrative
57 that was detailing their proposed zoning, Future Land Use designation and how it meets
58 that, and then also it was sent out for any other reviewing agencies. So, with the Rural
59 Residential zoning district, this is just sort of that card here about it from our ordinance.
60 The applicant is not required to define the type of development or an anticipated land use.
61 If approved, all 30 land uses within the Rural Residential zoning district could be possible
62 if their use standards are able to be met. And then I'm going to turn it over to the
63 applicant. We have representatives here from Hart's Mill/Common Ground to present
64 this.
65 Lucas Babinec: Good evening. I'll be respectful of y'all's time. I know it's valuable. I'm here with Becky
66 and Doug, our legendary farmer out there. Again, Lauren talked about the land, the
67 current zoning, and basically our request is happening because the current Master Plan
68 Zoning is just way too much of a development for what we want to do. When this
69 happened back in 2015, we weren't aware of the flexible subdivision conservation cluster.
70 We just found out about that last autumn. So, now that we know that exists and we can
71 pursue development that's in line with that kind of site plan, we want to revert back to the
72 R1 so that we can put this overlay zoning on. We're an aspiring eco village intentional
73 community project. Just living very ecologically. Having a very vibrant farm happening.
74 Growing a lot of our own food. Lots happened already and a lot of work has happened,
75 but when COVID began, prices soared, and we weren't able to go through with that
76 master plan zoning, and so there were a lot of members that left, and in the year since,
77 we've been trying to regroup. Now, we have this other flexible subdivision option
78 available, but we have got to revert the zoning to do that. Also, putting the land in a
79 conservation easement, so very much in line with what wants to happen in this part and
80 the goals for Orange County. Just more about what's happening with the current one and
81 why it's not possible for us now. A lot less of the land will be developed with the flexible
82 subdivision conservation cluster, so that's why we want to revert back. Welcome to any
83 questions that y'all have about this. Thank you.
84 Adam Beeman: Steve, any questions? Charity? Chris? Statler? Marilyn? Whitney? Dolores?All right. Do
85 1 have any motions?
86 Lauren Coffey: We have a little bit more of our presentation.
87 Adam Beeman: I mean we were getting it, right, we were going right along.
88 Lauren Coffey: Just informing you that public notifications were sent out July 24t". Notices were mailed to
89 all property owners within a thousand feet. We also posted signs on the parcel and on
90 our web page. So as far as staff analysis, we evaluated that the application met our
91 requirements from our ordinance, it was consistent with the goals and objective outlined in
92 Orange County Comprehensive Plan and that the amendment is reasonable and in the
93 public interest, meets the 20-Year Transition for the Future Land Use Map. So, this is the
94 step we are at tonight in the review process at the Planning Board. We went over your
95 role and that you will then make a recommendation to the Board of County
96 Commissioners. Our recommendation from the Planning Director tonight is to receive the
97 rezoning application, deliberate on the proposal if you desire, consider the
55
DRAFT
98 recommendation from the Planning Director, and then ultimately make that
99 recommendation to the BOCC on the Statement of Consistency and the proposed
100 ordinance. So, if any of you have any questions for me, I am also up here as well.
101 Statler Gilfillen: I do have one question. Could this be considered in zoning a step down of less intensity
102 which we're approving tonight, or is this equal intensity,just something different?
103 Because I'm reading it and I'm listening to you, it sounds like what they're asking for is a
104 less intense situation.
105 Lauren Coffey: Correct, it is a down zoning back to their original designation from their rezoning to a
106 master plan.
107 Statler Gilfillen: Thank you.
108 Adam Beeman: The question was, we have potential to see them in the future to come back under a
109 flexible zoning, so this is just the step you have to take to get to that point.
110 Lauren Coffey: Yeah.
111 Adam Beeman: You got that?
112 Statler Gilfillen: Yeah.
113 Adam Beeman: Okay. Thank you, any other questions? All right.
114 Lamar Proctor: I move to approve the zoning change and adopt the statement of consistency as drafted
115 by planning staff and finding that the zoning change is consistent with the comprehensive
116 land use plan and reverting it back to a zoning designation consistent with the surrounding
117 parcels.
118 Statler Gilfillen: I'll second that.
119 Adam Beeman: All good? I just wanted to make sure I didn't have corrections from staff that we missed
120 something in the statement.
121 Patrick Mallett: The only thing to point out is the zoning was done several years ago, we've made
122 changes to the subdivision ordinance, they've got a workable option based on the realities
123 of economics and their need, but yeah, this is the first part of several processes that they'll
124 have to go through. I would also note that they have been in discussion with county
125 commissioners and with DEAPR on dedicating a significant amount of conservation area
126 on the property.
127 Chris Johnston: I just want to note,just so we don't appear flippant, you're requesting R1, you're
128 completely surrounded by R1, you're going conventional, so we're not going to have any
129 stipulations that we're allowed to put on it. I mean, it's pretty cut and dry as far as we can
130 tell on this. Just so you don't feel like we're sweeping you along or anything like that.
131 Patrick Mallett: Yeah, and they are fully aware that once the zoning is approved that it extinguishes all the
132 rights that they had gained with the previous zoning.
133 Statler Gilfillen: And moving forward they then have to come back to us again for approvals.
134 Patrick Mallett: Possibly, depends on whether they're a major or minor subdivision.
56
DRAFT
135 Marilyn Carter: And I'll just note, I support this request because it's consistent with the direction of moving
136 toward more developments that implement conservation clusters, so this is very
137 consistent with our strategic plan.
138 Adam Beeman: I have a second, all in favor? Against?
139 MOTION BY Lamar Proctor to approve the Zoning Atlas Amendment. Seconded by Statler Gilfillen.
140 MOTION PASSED UNANIMOUSLY
141 ******
57
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 Owner of
Identification Township Current Zoning Proposed Zoning
Number(PIN)` Record
■ MPD-CZ (Master Plan
Hart's Mill,
Development R-1 (Rural Residential)9835-74-8573 Cheeks LLC Conditional Zoning ■ Upper Eno Protected
District) Watershed
■ Upper Eno Protected
Watershed
The Planning Board hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance (UDO) have
been reviewed and 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.
c. The proposed R-1 zoning district meets the goals of the Comprehensive Plan. By
rezoning the property, the existing MPD-CZ (Master Plan Development -
Conditional Zoning) district, approved by the Board of County Commissioners in
2015 to allow for 34 residences on 22 acres of the parcel, will cease to exist. The
subject property is designated as R-1 (Rural Residential) on the Future Land Use
Map (FLUM), and is defined in the 2030 Comprehensive Plan as "land in the
rural areas of the County which is appropriate for low intensity and low-density
residential development and which would not be dependent on urban services
during the plan period." It is also located in the 20 Year Transition, which is
defined in the 2030 Comprehensive Plan as "land located in areas that are in the
process of changing from rural to urban, that are suitable for urban-type densities
and should be provided with public utilities and services within the second 10-
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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.
Natural and Cultural Resources Overarching Goal
A sustainable balance and appreciation of natural, cultural and agricultural
resources.
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.
Vote: / For, Against
Adam Beeman, Chair Date
Attachment 6 59
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 Owner of
Identification Township Record Current Zoning Proposed Zoning
Number (PIN)
■ MPD-CZ (Master Plan
Hart's Mill,
Development R-1 (Rural Residential)9835-74-8573 Cheeks LLC Conditional Zoning ■ Upper Eno Protected
District) Watershed
■ Upper Eno Protected
Watershed
The Board of County Commissioners hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance (UDO) have
been reviewed and 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.
c. The proposed R-1 zoning district meets the goals of the Comprehensive Plan. By
rezoning the property, the existing MPD-CZ (Master Plan Development -
Conditional Zoning) district, approved by the Board of County Commissioners in
2015 to allow for 34 residences on 22 acres of the parcel, will cease to exist. The
subject property is designated as R-1 (Rural Residential) on the Future Land Use
Map (FLUM), and is defined in the 2030 Comprehensive Plan as "land in the rural
areas of the County which is appropriate for low intensity and low-density
residential development and which would not be dependent on urban services
during the plan period." It is also located in the 20 Year Transition, which is defined
in the 2030 Comprehensive Plan as "land located in areas that are in the process
of changing from rural to urban, that are suitable for urban-type densities and
should be provided with public utilities and services within the second 10-year
phase of the Plan."
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According to Appendix F: Relationships Between Land Use Classifications and
Zoning Districts, the proposed Rural Residential zoning district is consistent with
both the Rural Residential Land Use Classification, defined in the 2030
Comprehensive Plan as "rural areas to be developed as low intensity and low
density residential"; and the 20-Year Transition Land Use Classification, which is
defined as "areas changing from rural to urban in form and density. All densities of
residential development would be appropriate." The eligible zoning districts in the
20-Year Transition future land use classification include R-1 (Rural Residential).
The request to zone the property to R-1 (Rural Residential) will assign the parcel
the same zoning district as all surrounding properties and ensures that rural
character and land use will be preserved. The R-1 zoning permits uses consistent
with low density development and limits disturbance to surrounding rural lands.
Accordingly, the proposal is consistent with goals/objectives outlined within the
Comprehensive Plan concerning development, including:
• 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.
Staff Comment: The property is designated 20 Year Transition on the
Future Land Use Map (FLUM), which is defined in the 2030
Comprehensive Plan as "land located in areas that are in the process of
changing from rural to urban, that are suitable for urban-type densities and
should be provided with public utilities and services within the second 10-
year phase of the Plan." A small portion of the parcel is designated Rural
Residential which is defined in the 2030 Comprehensive Plan as "land in
the rural areas of the County which is appropriate for low intensity and
low-density residential development and which would not be dependent on
urban services during the plan period."
By rezoning the property, the existing MPD-CZ (Master Plan Development
- Conditional Zoning) district, approved by the Board of County
Commissioners in 2015 to allow for 34 residences on 22 acres of the
parcel, will cease to exist. The proposed R-1 (Rural Residential) zoning
district meets the goals of both this planning principle and the overlay
district, which identifies the parcel as a location where both a land use
maintaining rural character and a use that increases density with potential
for a residential development are encouraged.
• 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.
Staff Comment: According to Appendix F: Relationships Between Land Use
Classifications and Zoning Districts, the proposed R-1 (Rural Residential)
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zoning district is consistent with both the 20-Year Transition Land Use
Classification, which is defined as "areas changing from rural to urban in
form and density. All densities of residential development would be
appropriate," and the Rural Residential Land Use Classification, defined in
the 2030 Comprehensive Plan as "rural areas to be developed as low
intensity and low density residential." The eligible zoning districts in the 20-
Year Transition future land use classification include R-1 (Rural Residential).
The request to zone the property to R-1 (Rural Residential) will assign the
parcel the same zoning district as all surrounding properties and ensures
that rural character and land use will be preserved. The R-1 zoning permits
uses consistent with low density development and limits disturbance to
surrounding rural lands.
• 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.
Staff Comment: Future development resulting from the proposed Zoning
Atlas Amendment will not require use of public utilities. Any future
development for residential purposes would be subject to regulation under
the County's stormwater and water supply watershed regulations, as the
property is located in the Upper Eno Protected Watershed.
• 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.
Staff Comment: According to Appendix F: Relationships Between Land Use
Classifications and Zoning Districts, the proposed R-1 (Rural Residential)
zoning district is consistent with both the 20-Year Transition Land Use
Classification, which is defined as "areas changing from rural to urban in
form and density. All densities of residential development would be
appropriate," and the Rural Residential Land Use Classification, defined in
the 2030 Comprehensive Plan as "rural areas to be developed as low
intensity and low density residential." The eligible zoning districts in the 20-
Year Transition future land use classification include R-1 (Rural Residential).
• 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.
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Staff Comment: Per the FLUM, the parcel's future land use classification is
20-Year Transition, which is defined as "areas changing from rural to urban
in form and density. All densities of residential development would be
appropriate." A portion of the parcel is also designated as R-1 (Rural
Residential), which is defined in the 2030 Comprehensive Plan as "land in
the rural areas of the County which is appropriate for low intensity and low-
density residential development and which would not be dependent on urban
services during the plan period." It is also A rezoning to R-1 is consistent with
these stated 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.
Staff Comment: The property is designated on the Future Land Use Map
(FLUM) as 20-Year Transition, which is defined as "areas changing from
rural to urban in form and density. All densities of residential development
would be appropriate." A portion is also identified as Rural Residential and is
defined in the 2030 Comprehensive Plan as "land in the rural areas of the
County which is appropriate for low intensity and low-density residential
development and which would not be dependent on urban services during
the plan period." The proposed rezoning is consistent with a transition to
allow for residential development while maintaining a low intensity land use.
The parcel contains the Special Flood Hazard Area (100 Year Floodplain)
and 500 Year Floodplain, as well as a 1.8-acre pond. Future development of
the parcel would not infringe on these features, with the low density and
open space requirements for development within the R-1 zoning district.
• 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.
Staff Comments: The request to assign the parcel's historic zoning of R-1
(Rural Residential) ensures that rural character and land use are preserved
from any development resulting from the rezoning. R-1 permitted land uses
are consistent with low density development and limit disturbance on
surrounding rural lands. The amendment will assign the parcel the same
zoning district as all surrounding properties. Under N.C.G.S. 106-581.1 and
160D-903, the parcel has Bona Fide Farm Exemption status. The property
owners will maintain this status and use the rear of the parcel for farm use.
This aligns with adjacent property uses as agriculture and maintains the rural
character of the area.
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• Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
Staff Comment: The Orange County staff has noticed the public regarding
this application, as required by Section 2.8.7 of the UDO, including mailings
to neighboring property owners, posting of the property, and advertisement
in the local newspapers. Additionally, staff have provided all application
documents on the Active Development Projects webpage.
• Natural and Cultural Resources Overarching Goal: A sustainable balance
and appreciation of natural, cultural and agricultural resources.
Staff Comments: Under N.C.G.S. 106-581.1 and 160D-903, the parcel has
Bona Fide Farm Exemption status. The property owners will maintain this
status and use the rear of the parcel for farm use. This use of the land in a
manner consistent with a rural land use aligns with preservation of natural
and agricultural resources.
• Appendix F, Land Use Classification Description for 20 Year Transition:
Identifies areas changing from rural to urban in form and density, where all
densities of residential development would be appropriate. The applied
zoning district is R-1 (Rural Residential).
• Appendix F, Land Use Classification Description for Rural Residential:
Identifies rural areas to be developed as low intensity and low density
residential. The applied zoning district is R-1 (Rural Residential).
Staff Comment: The requested zoning district is consistent with the 2030
Comprehensive Plan, Appendix F, Relationships Between Land Use
Classifications and Zoning Districts.
The amendment is consistent with these goals because the proposed development is
consistent with existing/anticipated development within the area and the land use
associated with the project is compatible with various 2030 Comprehensive Plan goals
detailed above.
d. The amendment is reasonable and in the public interest because it furthers the
goals of the adopted Comprehensive Plan and is located in an area designated on
the Future Land Use Map as "20 Year Transition" with a small portion of the parcel
designated as Rural Residential. Such areas have been identified as being in the
process of changing from rural to urban, and are suitable for urban-type densities
where all densities of residential development would be appropriate.
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The Board of County Commissioners hereby adopts this Statement of Consistency and
the findings expressed herein.
Vote: For, Against
Jamezetta Bedford, Chair Date
Attachment 7 65
Ordinance#: ORD-2024-022
AN ORDINANCE AMENDING THE
ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed an application 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 112.17 acre parcel of property (PIN 9835-74-8573),
from MPD-CZ (Master Plan Development Conditional Zoning) to R-1 (Rural Residential),
hereafter `the Property'; and
WHEREAS, the requirements of Section 2.8 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.
WHEREAS, the property lies within the Upper Eno Protected Watershed delineated by the NC
Department of Environmental Quality Water Supply Watershed program and is thereby consistent
with that same zoning overlay district, as established in Section 4.2 of the UDO.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Zoning Atlas is hereby amended to rezone the aforementioned 112.17 acre parcel to R-1 (Rural
Residential), as detailed within the submitted application.
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
, 2024.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2024 as relates in any way to the adoption of
the foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2024.
SEAL
Clerk to the Board of Commissioners
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