HomeMy WebLinkAbout9-4-24 PB Agenda Packet 1
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, September 4, 2024
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 4 -5 INFORMATIONAL ITEMS
a. Planning Calendar for September and October
3. 6 - 20 APPROVAL OF MINUTES
August 7, 2024 Regular Meeting Minutes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
6. CHAIR COMMENTS
2
No. Page(s) Agenda Item
7. 21 - 22 UPDATE ON COMPREHENSIVE LAND USE PLAN (CLUP)—To receive an
update from staff on the status of the "Land Use Plan 2050" project.
Presenter: Tom Altieri, Senior Planner— Long-Range Planning &
Administration
8. 23 - 50 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT —
LANDSCAPING STANDARDS - To review and make a recommendation to
the BOCC on Planning Director-initiated amendments to the UDO
pertaining to landscaping standards. This amendment was reviewed at
the April 3, 2024 ORC meeting and is scheduled for BOCC public
hearing in October.
Presenter: Perdita Holtz, Deputy Director— Long-Range Planning &
Administration
9. ADJOURNMENT
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Interested persons can sign up at https://www.orangecountync.gov/list.aspx to receive a
notification when agendas are posted. (Scroll down to the "Agenda Center" category and choose
Planning Board).
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Sign up at https://www.orangecountync.gov/list.aspx?ListlD=408 to receive the monthly
communication on happenings in the Planning & Inspections Department.
Written Comments
Interested persons who cannot attend the meeting in-person are invited to submit written
comments on agenda items to the Planning Board via email at
planningboard .orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting.
Please include in the Subject line of the email the title of the agenda item your comment pertains
to. Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m.
Monday through Friday). Written comments will be scanned and sent by staff to the email address
indicated above.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to
the Board of County Commissioners (the elected officials). The Board of County Commissioners
holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified
Development Ordinance contains a flowchart depicting the review process for rezoning and text
amendment applications.
3
Planning Board Member Potential Conflict of Interest
It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict.
Board members having any conflicts of interest or appearances of conflict with respect to matters
before the Board should identify the conflict or appearance of conflict and refrain from undue
participation in the matter involved.
As a reminder, NC General Statute § 160D-109 establishes the following standard: Members of
appointed boards shall not vote on any advisory or legislative decision regarding a development
regulation where the outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member. An appointed board member
shall not vote on any zoning amendment if the landowner of the property subject to a rezoning
petition or the applicant for a text amendment is a person with whom the member has a close
familial, business, or other associational relationship.
If any Planning Board member has any concern about a possible conflict related to an agenda
item, please notify Planning staff and get in touch directly with a member of the County Attorney's
staff before the meeting time to determine whether a conflict exists— and if so, how best to handle
the potential conflict.
4
Sunday Monday Tuesday Wednesday Thursday FridaySaturday
1 12 3 4 5 6 7
Planning Board BOCC
Meeting Business
7:00 pm* Meeting
7:00 pm
Whitted Bldg. Whitted Bldg.
8 9 10 11 12 13 14
BOCC Work
Session Board of
7:00 pm Adjustment
7:00 pm*
Southern
Human Sery Whitted Bldg.
Ctr.
15 16 17 18 19 20 21
BOCC
Business
Meeting
7:00 pm
Southern
Human Sery
Ctr.
22 23 24 25 26 27 28
BOCC Joint
Meeting with
School Boards
7:00 pm
Whitted Bldg.
29 30
Notes:
* Planning Board member attendance required
Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting
Room (2nd floor) 300 West Tryon Street Hillsborough, NC 27278
5
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
BOCC Planning Board
Business Meeting
Meeting 7:00 pm*
7:00 pm
Whitted Bldg. Whitted Bldg.
6 7 8 9 10 11 � 12
BOCC Work
Session Board of
7:00 pm Adjustment
7:00 pm*
Southern
Human Sery Whitted Bldg.
Ctr.
13 14 15 16 17 18 19
BOCC
Business
Meeting
7:00 pm
Southern
Human Sery
Ctr.
20 21 22 23 24 25 26
27 28 29 30 31
Notes:
* Planning Board member attendance required
Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting
Room (2nd floor) 300 West Tryon Street Hillsborough, NC 27278
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1 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, Deputy
16 Director—Development Services; Lauren Coffey, Planner I; Jack Moran, Planning Technician
17
18 OTHERS PRESENT: Jamie Cox, Brian McGuire, Jerry Blanchard, Tammy McGuire, Becky Laskody, Lucas Babinec,
19 Douglas Jones, Linda Ridenhouse,Jessica King, Frank Cohen
20
21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
22 The meeting began at 7:00
23
24 Adam Beeman: I now call the meeting to order.
25
26 AGENDA ITEM 2: INFORMATION ITEMS
27
28 Adam Beeman: I've got a couple of information items. Next week is a Board of Adjustment meeting, and then
29 that's it for the month of August. We'll be back at it right here at the beginning of the month in
30 September on the 4th for our planning board meeting, and it looks like there's a whole bunch
31 going on between the Board of Adjustment and the Board of County Commissioners next month,
32 so it's going to be a busy month in September.
33
34 AGENDA ITEM 3: APPROVAL OF MINUTES
35
36 Adam Beeman: I need a motion or any changes to the minutes from July.
37
38 MOTION BY Lamar Proctor to approve the meeting minutes. Seconded by Statler Gilfillen
39
40 MOTION PASSED UNANIMOUSLY
41
42 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA
43 None.
44
45 AGENDA ITEM 5: PUBLIC CHARGE
46
47 INTRODUCTION TO THE PUBLIC CHARGE
48 The Board of County Commissioners, under the authority of North Carolina General Statute,
49 appoints the Orange County Planning Board (OCPB) to uphold the written land
50 development law of the County. The general purpose of OCPB is to guide and accomplish
51 coordinated and harmonious development. OCPB shall do so in a manner which considers
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52 the present and future needs of its citizens and businesses through efficient and responsive
53 process that contributes to and promotes the health, safety, and welfare of the overall
54 County. The OCPB will make every effort to uphold a vision of responsive governance and
55 quality public services during our deliberations, decisions, and recommendations.
56
57 PUBLIC CHARGE
58 The Planning Board pledges this respect to all present. The Board asks those attending
59 this meeting to conduct themselves in a respectful, courteous manner toward each other,
60 county staff and Board members. At any time, should any member of the Board or the
61 public fail to observe this public charge,the Chair will take steps to restore order in decorum.
62 Should it be impossible to restore order and continue the meeting, the Chair will recess the
63 meeting until such time a genuine commitment to this public charge is observed. The
64 Planning Board asks that all electronic devices such as cellphones, pagers and computers
65 should be turned to silent or vibrate, and please be kind to everyone.
66
67 Adam Beeman read the public charge.
68
69 AGENDA ITEM 6: CHAIR COMMENTS
70
71 Adam Beeman: I don't have any comments. We have a couple folks that would like to speak on a couple
72 different agenda items, so as we go through it, we'll call you up, and we can hear what
73 you have to say about the agenda item.
74
75 AGENDA ITEM 7: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT)-To review and make a
76 recommendation to the BOCC on an applicant-initiated zoning atlas amendment to rezone one parcel totaling
77 +/- 112.17 acres from MPD-CD (Master Plan Development—Conditional District) to R-1 (Rural Residential).
78 The parcel is located at 1031 Frazier Road, Mebane within the Cheeks Township (PIN: 9835-74-8573). This
79 item is scheduled for BOCC public hearing on September 5, 2024.
80
81 Adam Beeman: First agenda item is a zoning atlas amendment for Frazier Road in Mebane, Cheeks
82 Township.
83 Lauren Coffey: Thank you, Chair. Tonight, I present to you a Zoning Atlas Amendment for a
84 Conventional District Rezoning. This is a Conventional District Rezoning, so standards
85 must be uniformly applied throughout the county. It's not site specific and individualized
86 conditions may not be imposed. Tonight's objective is to hear from the applicant, staff
87 and public, review and discuss, and then ultimately make your recommendation to the
88 Board of County Commissioners. So, where are we at? It is at 1031 Frazier Road in
89 Mebane, North Carolina in the Cheeks Township, and it's in the Upper Eno Protected
90 Watershed. The applicant tonight is Hart's Mill. It's currently under the name Common
91 Ground, so they've gone through a little bit of a change there. The current zoning is MPD-
92 CZ. This was a Master Plan Conditional Zoning District from a previous rezoning to this
93 district to the site plan that you see before you. It also has the Upper Eno Protected
94 Watershed overlay. The applicant tonight is requesting the rezoning. It's a down zoning
95 to Rural Residential which was the original zoning of the parcel and is also the
96 surrounding zoning. So, when we're thinking about a rezoning, we're looking at the
97 Future Land Use Map designation. This parcel is primarily in the 20-Year Transition. This
98 means it's land that has been identified as being in areas that are in the process of
99 changing from rural to urban. These are suitable for urban-type densities and should be
100 provided with public utilities and services within the second 10-year phase of the plan.
101 They propose no amendment to the Future Land Use Map. There's also just a very small
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102 portion there that is designated Rural Residential, which is the zoning that they are
103 requesting. Looking at the surrounding land uses, all meet that same Rural Residential
104 type. They are either single-family residential uses or undeveloped land, some with
105 agriculture. So, requirements from the Conventional District application, they completed
106 their Zoning Atlas Amendment application. There is a map showing the land proposed for
107 rezoning that they submitted to us in the form of a plat. They provided us with a narrative
108 that was detailing their proposed zoning, Future Land Use designation and how it meets
109 that, and then also it was sent out for any other reviewing agencies. So, with the Rural
110 Residential zoning district, this is just sort of that card here about it from our ordinance.
111 The applicant is not required to define the type of development or an anticipated land use.
112 If approved, all 30 land uses within the Rural Residential zoning district could be possible
113 if their use standards are able to be met. And then I'm going to turn it over to the
114 applicant. We have representatives here from Hart's Mill/Common Ground to present
115 this.
116 Lucas Babinec: Good evening. I'll be respectful of y'all's time. I know it's valuable. I'm here with Becky
117 and Doug, our legendary farmer out there. Again, Lauren talked about the land, the
118 current zoning, and basically our request is happening because the current Master Plan
119 Zoning is just way too much of a development for what we want to do. When this
120 happened back in 2015, we weren't aware of the flexible subdivision conservation cluster.
121 We just found out about that last autumn. So, now that we know that exists and we can
122 pursue development that's in line with that kind of site plan, we want to revert back to the
123 R1 so that we can put this overlay zoning on. We're an aspiring eco village intentional
124 community project. Just living very ecologically. Having a very vibrant farm happening.
125 Growing a lot of our own food. Lots happened already and a lot of work has happened,
126 but when COVID began, prices soared, and we weren't able to go through with that
127 master plan zoning, and so there were a lot of members that left, and in the year since,
128 we've been trying to regroup. Now, we have this other flexible subdivision option
129 available, but we have got to revert the zoning to do that. Also, putting the land in a
130 conservation easement, so very much in line with what wants to happen in this part and
131 the goals for Orange County. Just more about what's happening with the current one and
132 why it's not possible for us now. A lot less of the land will be developed with the flexible
133 subdivision conservation cluster, so that's why we want to revert back. Welcome to any
134 questions that y'all have about this. Thank you.
135 Adam Beeman: Steve, any questions? Charity? Chris? Statler? Marilyn? Whitney? Dolores?All right. Do
136 1 have any motions?
137 Lauren Coffey: We have a little bit more of our presentation.
138 Adam Beeman: I mean we were getting it, right, we were going right along.
139 Lauren Coffey: Just informing you that public notifications were sent out July 24t". Notices were mailed to
140 all property owners within a thousand feet. We also posted signs on the parcel and on
141 our web page. So as far as staff analysis, we evaluated that the application met our
142 requirements from our ordinance, it was consistent with the goals and objective outlined in
143 Orange County Comprehensive Plan and that the amendment is reasonable and in the
144 public interest, meets the 20-Year Transition for the Future Land Use Map. So, this is the
145 step we are at tonight in the review process at the Planning Board. We went over your
146 role and that you will then make a recommendation to the Board of County
147 Commissioners. Our recommendation from the Planning Director tonight is to receive the
148 rezoning application, deliberate on the proposal if you desire, consider the
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149 recommendation from the Planning Director, and then ultimately make that
150 recommendation to the BOCC on the Statement of Consistency and the proposed
151 ordinance. So, if any of you have any questions for me, I am also up here as well.
152 Statler Gilfillen: I do have one question. Could this be considered in zoning a step down of less intensity
153 which we're approving tonight, or is this equal intensity,just something different?
154 Because I'm reading it and I'm listening to you, it sounds like what they're asking for is a
155 less intense situation.
156 Lauren Coffey: Correct, it is a down zoning back to their original designation from their rezoning to a
157 master plan.
158 Statler GiIfillen: Thank you.
159 Adam Beeman: The question was, we have potential to see them in the future to come back under a
160 flexible zoning, so this is just the step you have to take to get to that point.
161 Lauren Coffey: Yeah.
162 Adam Beeman: You got that?
163 Statler GiIfillen: Yeah.
164 Adam Beeman: Okay. Thank you, any other questions? All right.
165 Lamar Proctor: I move to approve the zoning change and adopt the statement of consistency as drafted
166 by planning staff and finding that the zoning change is consistent with the comprehensive
167 land use plan and reverting it back to a zoning designation consistent with the surrounding
168 parcels.
169 Statler GiIfillen: I'll second that.
170 Adam Beeman: All good? I just wanted to make sure I didn't have corrections from staff that we missed
171 something in the statement.
172 Patrick Mallett: The only thing to point out is the zoning was done several years ago, we've made
173 changes to the subdivision ordinance, they've got a workable option based on the realities
174 of economics and their need, but yeah, this is the first part of several processes that they'll
175 have to go through. I would also note that they have been in discussion with county
176 commissioners and with DEAPR on dedicating a significant amount of conservation area
177 on the property.
178 Chris Johnston: I just want to note,just so we don't appear flippant, you're requesting R1, you're
179 completely surrounded by R1, you're going conventional, so we're not going to have any
180 stipulations that we're allowed to put on it. I mean, it's pretty cut and dry as far as we can
181 tell on this. Just so you don't feel like we're sweeping you along or anything like that.
182 Patrick Mallett: Yeah, and they are fully aware that once the zoning is approved that it extinguishes all the
183 rights that they had gained with the previous zoning.
184 Statler GiIfillen: And moving forward they then have to come back to us again for approvals.
185 Patrick Mallett: Possibly, depends on whether they're a major or minor subdivision.
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186 Marilyn Carter: And I'll just note, I support this request because it's consistent with the direction of moving
187 toward more developments that implement conservation clusters, so this is very
188 consistent with our strategic plan.
189 Adam Beeman: I have a second, all in favor? Against?
190 MOTION BY Lamar Proctor to approve the Zoning Atlas Amendment. Seconded by Statler Gilfillen.
191 MOTION PASSED UNANIMOUSLY
192 Adam Beeman: All right, motion passes.
193 AGENDA ITEM 8: MAJOR SUBDIVISION PRELIMINARY PLAT:To review and make a recommendation to the
194 BOCC on a Preliminary Plat application for a Major Subdivision named Stonewall. The
195 Plat is consistent with the Concept Plan reviewed and approved by the Planning Board in
196 April 2024. The proposal is for an 18-lot subdivision on approximately 36.36 acres with
197 47.9% (17.42 acres) of dedicated open space. The parcel is located on Miller Road in the
198 Hillsborough Township, PIN 9875-64-5097.
199 Patrick Mallett: Next item that you have on your agenda is a major subdivision flexible development. This
200 is the preliminary plat; it's commonly known as the Stonewall Subdivision. It's off of Miller
201 Road. This was Ashley Moncado's case but given the weather and the fact that she lives
202 far away I said I'll take this case forward for you. Unlike the previous case, this is like the
203 Lawrence Road Subdivision that you heard during the summer. It's not a zoning, it's a
204 major subdivision process. The circumstances are different, and it is meeting all the
205 requirements required in Section 7 of our UDO. That process you go from a concept plan
206 to a preliminary plan and then the final plat. The subdivision is proposing a degree of
207 open space and single-family lots. This outlines the process, this is where we are, the
208 preliminary plat, that goes on with a recommendation just like a rezoning goes to the
209 commissioners. They consider it, if approved, then a final plat is prepared with other
210 documents and recorded with land records through the register of deeds. Like I said, the
211 site is over northeast of Hillsborough off of Miller Road. This shows the pin, the township,
212 a rural site, currently it's 36.36 acres, and the applicant is Kevin Currin, Grayrose
213 Properties. This property is actually split zoned slightly, there's, the area in green is
214 zoned rural buffer, the area in yellow is rural residential or R1. It's in the Lower Eno,
215 Unprotected watershed. There are no other overlay districts. Future land use
216 designation, rural residential, agricultural residential, this is the COCA which drives what
217 they can do in terms of service and densities. The summary of the subdivision is flexible
218 development plan, so it has a road, common open space, they're proposing a total of 18
219 lots. The average lot size is 40,012 square feet, that's just under, that's pretty close to an
220 acre. The area in open space is 17.42 acres, that totals 47.9 percent in open space.
221 There's a breakout of the open space in primary and secondary, you may recall, last go
222 round with the major subdivision we had different tiers of open space, primary open space
223 is intended to preserve naturally sensitive areas, steep slopes, stream buffers, areas of
224 historical or cultural significance and then secondary open space which can be used for
225 more active like uses. The buffers and setbacks 40 feet from the rights-of-way including
226 the new road that they would build 20 feet from the sides and the rear and a 30-foot type
227 B buffer. There's also a perimeter building setback of a hundred feet. Access would be
228 via a 50-foot public right-of-way and it's a DOT ultimately accepted road. They'd be
229 served with individuals wells and septic systems, and they're making a payment in lieu for
230 their park and rec fee. That's pretty standard with these types of subdivisions. This is the
231 overall layout, you can see they're basically drawing a singular road, terminating in a cul-
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232 du-sac with single family lots flanking it and then open space around the perimeter and to
233 the rear, that round object at the end of the cul-du-sac is a storm water control measure,
234 an SCM that would account for their pre-post runoff in terms of water volume runoff and
235 nutrient removal. This is where we are in the planning board process. As I said, it would
236 move on to the board of county commissioners. Staff analysis is the application was
237 deemed complete. We determined the property is sufficient size, that it meets all the
238 requirements of the subdivision section, Article 7 of UDO, and staff supports the approval
239 of the flexible development option contained in Attachment 1. Plan director recommends
240 that you receive the application, recommend approval for the preliminary plat as
241 submitted. Any questions for me?
242 Adam Beeman: One person from the public wants to speak.
243 Jamie Cox: Hi again, thanks for allowing me to speak. I'm Jamie Cox, owner of the adjoining property
244 at the end of the cul-du-sac. Just wanted to mark a couple of things for the record.
245 Appreciate the additional analysis that was done on the soils for the property. I think
246 that's very helpful. Didn't exactly answer the concern we had about the impact to the well
247 on adjoining property so just wanted again to note that for the record. The other is that
248 the preliminary plat shows the electric service that actually goes over or the overhead
249 wires and then stops. It does not show the undergrounds wires that actually takes the
250 service to our property. We had asked the developer and the planning staff to consider
251 depicting the underground utility service and providing an access and utility easement
252 over that utility service to our property. We were told that's not the planning department's
253 job, which is fine, but I bring that to you since we'd like to continue to use electricity at our
254 house. But that's our only concern other than what we've already stated, so appreciate
255 you guys.
256 Adam Beeman: Thank you.
257 Charity Kirk: Can you clarify your concern? You're concerned about the well water capacity on the
258 adjacent property. As well as you receiving electricity because there's no electrical
259 easement noted.
260 Jamie Cox: Correct.
261 Charity Kirk: Okay.
262 Jamie Cox: Well said.
263 Adam Beeman: Let's start down this way, Dolores, do you have any questions? Whitney?
264 Whitney Watson: One quick question. I believe it was presented before was the question about the
265 easement to the circular drive along the southern border of the development. Was that
266 resolved so there is road access back to your property, is that correct?
267 Jamie Cox: It's difficult to see but our property is actually served by a private driveway that runs along
268 the southern portion of the property and it's our understanding it's not included in this
269 development application, it will continue to be maintained privately, so we don't have
270 concerns about the vehicular access. The concern that I share with you now is just
271 making sure that we have utility and electric access because it's not depicted on the plat.
272 And what we were told is that will get worked out, don't worry about it, and that's fine, but
273 since it's going to be depicted, since this is showing electric service, we'd like the
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274 underground line shown as well and an easement over them, so we have the assurance
275 that we can continue to have electricity. Thanks.
276 Adam Beeman: I assure you if you call Duke, they'll give you a copy of that easement.
277 Jamie Cox: It's Piedmont. I've asked for the contact from the developer's engineers a couple of times
278 and haven't received any input from that, so happy to talk to Piedmont directly.
279 Adam Beeman: I'm saying because when I had to sign up years ago back in 20081 have a copy of my box
280 that's the Duke Piedmont easement giving the right-of-way so there's going to be a
281 document that Piedmont has in their possession that says that they have a right-of-way
282 with your property so if you're really concerned about it, I'd contact Piedmont directly and
283 see if they couldn't get that information for you.
284 Jamie Cox: Yeah, absolutely happy to do it. It's more than likely going to change since they can see
285 that electricity line is going directly through one of the lots, my assumption is it'll go to one
286 side or the other, so we'd just like to see that change depicted on the plat.
287 Adam Beeman: Marilyn, any questions?
288 Marilyn Carter: Not at this moment.
289 Adam Beeman: Statler?
290 Lamar Proctor: Just so I understand, it's just an up or down approval, right?
291 Patrick Mallett: That's right, and this is not a legislative process that you're going, this is a subdivision
292 process, so you'd have to point to an element that they're not meeting as a requirement in
293 Section 7 of the LIDO.
294 Lamar Proctor: Okay. And you've reviewed it, and you don't find anything inconsistent with Section 7 or
295 Article 7?
296 Patrick Mallett: That's correct. And we have worked with Mr. Cox, and we've made that aware to the
297 developer, the surveyor does a lot of work in Orange County, and really the utility provider
298 and the owner, if something goes wrong from Point A to Point B, they're on the hook to fix
299 or rectify that situation so that it doesn't disrupt service to an adjacent owner.
300 Lamar Proctor: Who is the utility provider?
301 Patrick Mallett: PEMC, Piedmont. And then with the wells and septics they're required to provide a
302 certain level of analysis to evidence that it could be supported. As an added step the
303 subdivision process gets you to the point that you can record the lots, you still have a land
304 disturbance permit that you have to factor in, you still have well permits for all the
305 individual lots that you have to get reviewed and approved by Environmental Health, you
306 still have the septic permits that have to get reviewed and approved. They've done what
307 is typical of this type of development, it is a bit of a gamble on the developer's part
308 because they don't have those permits in hand, but they obviously feel, they've done
309 enough due diligence to feel comfortable enough to proceed with the design as they
310 proposed.
311 Chris Johnston: I have no questions.
312 Adam Beeman: Charity?
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313 Charity Kirk: I have an aside really quick about how often do wells run dry in Orange County due to
314 new developments, because this keeps coming up, this comes up in almost everything
315 where neighbors are worried about wells running dry, so just how often does it happen?
316 Patrick Mallett: I'm not Environmental Health, but I don't know of any wells running dry. I think some of the
317 issues and concerns have been over the years, is how much pressure and is there going
318 to be an impact on my well versus your well. Orange County has the subsurface, we're
319 not like a coastal plain community, there's not a, you can take it to the bank, you dig 6 feet
320 down you're going to hit the water table and so ultimately the impact, if you drill one well
321 here and one well there, they may or may not be draining from the same water source in
322 terms of quality, volume, and I can say a fair number of wells with recent development
323 have gone deeper to ensure that they've got enough of a water source and water
324 pressure.
325 Charity Kirk: Is this a health department question or who keeps track of the aquifers in the county?
326 Patrick Mallett: The health department is in charge of the wells.
327 Charity Kirk: Okay, so the health department would be aware.
328 Patrick Mallett: Yes, they are. Part of this journey to get you to this point includes staff review in the
329 planning department. We also take it to the Development Advisory Committee.All
330 development projects go through them and then they issue their memos.
331 Charity Kirk: How often does the health department flag something as being a potential problem?
332 Patrick Mallett: I can't remember a single case where they've said no, definitely, this could be a problem.
333 Charity Kirk: So, it's very much trusting the engineers who look at these, okay, thank you.
334 Patrick Mallett: It takes a lot of money to get to this point so there is some confidence and if they're wrong
335 then they're on the hook for that error.
336 Charity Kirk: That they can provide water to this property. Okay, thank you.
337 Chris Johnston: I apologize for butting in, but if it is affected, for instance, who's on the hook for that? Is it
338 the homeowner who now has the affected well or is it the nearby property that just went in
339 X, Y, Z. Do they have to prove cause?
340 Patrick Mallett: I think that that would ultimately take a journey through civil litigation and attorneys and
341 I'm not an attorney.
342 Chris Johnston: Nope, that's fine. Thank you.
343 Adam Beeman: Any other questions?
344 Lamar Proctor: I make a motion to recommend approval of the preliminary plat to the Board of County
345 Commissioners as submitted finding it's in conformity with Article 7 of the UDO.
346 Statler Gilfillen: Second that again.
347 MOTION BY Lamar Proctor to approve the preliminary plat. Seconded by Statler Gilfillen.
348 MOTION PASSED UNANIMOUSLY
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349 AGENDA ITEM 9: ZONING ATLAS AMENDMENT(OVERLAY DISTRICT)-To review and make a recommendation
350 to the BOCC on a County-initiated zoning atlas amendment to amend the boundary of the
351 Watershed Protection Overlay District on two parcels located east of Dimmocks Mill Road,
352 Hillsborough within the Hillsborough Township (PINs: 9863-09-3922 and 9864-00-2205).
353 This item is scheduled for BOCC public hearing on September 5, 2024.
354 Patrick Mallett: We've got two more cases on the agenda; I'll handle both of those. They're fairly similar.
355 This is different than your average duck that comes before you. I'm going to give you sort
356 of a brief overview before we start. Both of these involve a staff-initiated rezoning. In
357 both cases, what they're seeking to do and we, the staff, are seeking to do is to amend
358 the watershed boundary lines. There is a process, Orange County has an adopted storm
359 water watershed overlay throughout the county. We have the delegated authority from
360 the state and EMC to manage stormwater, erosion control, stream buffers, approve
361 limitations, whether it's impervious limits or density limits based on the watersheds. The
362 watershed boundaries were also subsequently adopted and decided to create overlay
363 districts for the protected and critical portions of the watersheds on that map. The map
364 was derived at a time when mapping was not as accurate as it is today. It needed to
365 make some general assumptions based on water courses. It is by no means perfect and
366 that's recognized by the state, it's recognized by us and several engineers and surveyors.
367 So, in these two cases it was realized by the property owners that the blue line is in one
368 location, ground truth, that line actually defies the laws of physics, the ridge line is not
369 there, it's here, the water course flows this way and that way, and the ridge line defines
370 the watershed boundaries. So that's the general overview of the two cases that I'm going
371 to go through very quickly. The first one is located off Dimmocks Mill Road, you can see
372 the red star there, southwest of Hillsborough. It's in the Upper Eno Critical watershed, the
373 majority of the property. What you see in blue on this map is the mapped watershed
374 boundary line and what you see in pink off to the left is what is certified by a surveyor and
375 an engineer as the true ridge line on that property. And this would hereby amend the
376 zoning overlay, they're not requesting and we're not requesting to change the zoning
377 districts, it would still be rural residential R1, it would just change the boundary and the
378 distinction between what is in the Upper Eno Critical watershed and the Lower Eno.
379 Future land use designation, agricultural residential, rural residential on the 10-year
380 transition. Our request is to modify that boundary to the area in pink. It only applies, you
381 see an odd jog, the reason being is this property owner applied for that boundary
382 amendment and then went through the process with the state and that, prior to getting
383 here, included a petition by the property owner to us with a survey indicating, with a
384 registered surveyor's seal, recorded this is the ridge line I'm certifying that this is the ridge
385 line that's been recorded. We notified the state about that request. We also notified the
386 Board of County Commissioners, they received that request, it was then passed on to the
387 state and then passed on to the EMC. The state has acknowledged that boundary
388 change so as far as the state is concerned, that pink line is the ridge line. We're going
389 through the semantics of quite honestly just amending our overlay district to correspond
390 with that line.
391 Lamar Proctor: I had a quick question.
392 Patrick Mallett: Sure.
393 Lamar Proctor: Why just this property, why not the adjoining parcels and make it correct all the way
394 through?
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395 Patrick Mallett: Where do you stop? I mean, it would keep going and we need to have the process start
396 with the property owner and a surveyor. You have to have a surveyed boundary and a
397 surveyor attesting to the fact that that's the ridge line and it could keep going, we have
398 some adjacent property owners and I think one of them is going to contemplate whether
399 it's worth it for him to go through the same process. It's the property to the south of this
400 one.
401 Lamar Proctor: What's the practical result of moving it in terms of property use?
402 Patrick Mallett: It's simple but nuanced. Simple question with a nuanced answer. I think for larger
403 properties, not too much. In the second case you're going to see it had a direct impact on
404 that property owner and what she wanted to do. In this case, I think it has more to do with
405 the engineer pointing out if there's any development activity on this property or the smaller
406 lot, Lot No. 2 on this survey, there are implications that would apply in terms of impervious
407 to Lot No. 2. Ultimately the land disturbing activity on these properties would require a
408 land disturbance permit, a storm water analysis and so it has more to do with, from the
409 engineer's perspective, in that analysis I want to show pre and post-development, which
410 way the water's breaking and do my analysis accordingly versus running that analysis on
411 an arbitrary line that defies the laws of physics.
412 Lamar Proctor: Got it, thank you.
413 Patrick Mallett: Staff has determined the application is complete, staff reviewed the considerations of the
414 request, and it adheres to the principles of the Orange County 2030 comprehensive plan.
415 We went through the notifications like we would with other rezoning requests, signs,
416 notices, and put it on our website. And this is where we are. We went through planning
417 staff review, the DAC review, comments from other departments, and then this would get
418 referred on like other zoning cases to the board of county commissioners. We
419 recommend that you receive the rezoning application deliberate on the proposals desired,
420 consider the planning director's recommendation and make a recommendation to the
421 BOCC on either a statement of consistency or statement of inconsistency in the proposed
422 attachments. Our hope is to get this before the BOCC in time for September the 5th. The
423 next case, when I stop here you can ask questions about this case, then I can move on to
424 the next one.
425 Adam Beeman: We have two members of the public that want to speak on number 9.
426 Lamar Proctor: Is that the next one?
427 Adam Beeman: This one we're on right now.
428 Jerry Blanchard: I'll decline. All of my questions have already been answered.
429 Adam Beeman: Are you Jerry?
430 Jerry Blanchard: Yes sir.
431 Adam Beeman: The only other member was Frank.
432 Frank Cohen: I also yield my time, Patrick covered everything I had to say.
433 Adam Beeman: All right, perfect. Go ahead Charity.
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DRAFT
434 Charity Kirk: Clarifying Lamar's last question, the benefit of moving it is for future development
435 purposes and it's better that it's in one watershed versus the critical watershed. But this is
436 the correct boundary.
437 Lamar Proctor: That's right, from the surveying perspective, from a reality perspective and quite honestly,
438 the way that this works, they're entitled to that ridge line that was adopted by the county
439 commissioners and affirmed by the state, so this has more to do with helping staff not
440 have an inconsistency between the boundary line and an action that's already been taken.
441 Charity Kirk: But we can just change the line without surveying every single property along it. Okay.
442 Patrick Mallett: It unfortunately needs to be on a case-by-case basis as requested. We do provide some
443 relief to the property owner in the sense that this is more of our issue on the zoning
444 amendment of the overlay and it's a staff-initiated zoning. We're not asking them to pay
445 for what boils down to a mapping need.
446 Lamar Proctor: And I interpret your response and your answer to mean that effectively you help property
447 owners in terms of not creating some weirdly inconsistent engineering requirements for an
448 arbitrary line that doesn't follow the realities of water flow and would create headaches in
449 terms of civil engineering of any development on that particular parcel.
450 Patrick Mallett: Yes.
451 Chris Johnston: When we have a new applicant that comes before us, do they also have the survey team
452 go out to check and see where the water line actually is.
453 Patrick Mallett: That's what happened. Prior to the zoning or that train leaving the station.
454 Chris Johnston: So, any new development that comes before us is going to amend that little line.
455 Patrick Mallett: Record it as surveyors attesting that is the true ridge line. And then we notify the state and
456 then it goes to the county commissioners on an agenda so that they can receive that
457 information and accept it.
458 Chris Johnston Gotcha. So, the line will fix itself as time moves on.
459 Patrick Mallett: Yeah. You're going to see probably more of these. Not a huge amount, but I can say in
460 the years that I've been here, we've run across this, this is not uncommon to see a line
461 that's like, this clearly is an error.
462 Chris Johnston Okay.
463 Patrick Mallett: In years past the path to resolve that was fairly ambiguous and muddled. I think now the
464 state is pretty clear on what they want, what we legally need to do to fix these things, so 1
465 think you'll see a few more of these.
466 Chris Johnston And then my follow-up question was, so this is by a surveyor who has sealed it which 1
467 assume means that they have attested by their honor or whatever the case may be, in
468 what realm would we push back on something like that? At what point would we say, no,
469 we don't think this is right because this line looks goofy or whatever? And if there would
470 never be an opportunity or reason for us to push back, why would it come to us?
471 Patrick Mallett: Because we have an overlay boundary that needs to be amended.
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DRAFT
472 Chris Johnston: I see, so it's not something that could be handled by staff, it has to come before the
473 planning board, and we have to take time to review it.
474 Patrick Mallett: Yeah, we can't administratively change the watershed boundary lines.
475 Chris Johnston Okay, thank you.
476 Marilyn Carter: Is there, given that we can anticipate some more of these to happen, is there a financial
477 impact to the county that we should be planning for in supporting these changes?
478 Patrick Mallett: I guess the financial impact would be the alternative, which is something that's not exactly
479 consistent with reality and therefore gives you a skewed image of the development
480 requirements.
481 Marilyn Carter: Got it, so the county doesn't have to expend funds to correct this line.
482 Patrick Mallett: No, this is just staff time to process them. We obviously have the time, we're busy, busy,
483 busy, but this is something that needs to be done and we're doing it.
484 Marilyn Carter: Got it. Thank you.
485 Statler Gilfillen: As I'm reading and listening to the discussion, this is a little bit of the bureaucratic issue,
486 kind of a Catch-22 where you're caught. Is there not a practical solution somehow that
487 can minimize the bureaucracy of this, since it's, what I'm hearing, this is relatively cut and
488 dry. It's going to be done, but the bureaucracy is requiring a lot of your time and then
489 coming before the boards, is there a way to simplify that process?
490 Patrick Mallett: Not without exhaustive time and expense on the county's end to essentially go out and
491 systematically review the boundaries for every critical and protected watershed, and that
492 would extremely expensive.
493 Statler Gilfillen: Would it not be possible to do something so that you can just do it internally?
494 Patrick Mallett: We don't have registered surveyors.
495 Whitney Watson: Patrick, I think part of the question is you mentioned that this is not something that can be
496 administratively corrected within the planning department? What would need to happen
497 for it to be possible for planning to make these changes administratively rather than
498 having to prepare a packet and bring it before the planning board?
499 Patrick Mallett: That too, would be a radical change, so we, the county,when we adopted our watersheds
500 and we adopted them as overlays, there would have to be some consideration to change
501 that status and make it something different. That too, could be time-consuming and
502 costly. You're talking about notifications county-wide for the most part. And in the end,
503 we'd have to derive some rationale and a firm feeling that that's the right way to do these,
504 so we know what we know at this point.
505 Perdita Holtz: I was just going to put in a couple of sentences that watershed protection overlay districts
506 would have to be removed from the zoning ordinance, the UDO, as overlay districts and
507 be a standalone ordinance that doesn't require the process of planning board review and
508 a public hearing and a BOCC decision in order to amend a boundary that has been
509 surveyed. It would a big effort to take those out of the UDO, but then it would be done
510 also.
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DRAFT
511 Patrick Mallett: Yeah, so it is possible, but you also have to keep in mind that even if we did do that the
512 state process requires that a registered surveyor survey the ridge line and attest to the
513 boundary, so it relieves some of the bureaucracy in terms of planning and zoning, but it
514 doesn't provide much relief for the property owner, they would still have to get a surveyor,
515 take it through, we'd have to notify the state, put it on a BOCC agenda to amend. That
516 process is above and beyond the zoning boundary.
517 Lamar Proctor: So, Perdita, what I hear you saying is to do something like that you'd have to basically
518 overhaul the LIDO and the comprehensive plan, or the FLUM and change the whole
519 scheme in order to do something different.
520 Perdita Holtz: Yes, and it would be a big job. It wouldn't necessarily require notification to all property
521 owners in the county if the board of county commissioners agreed to do what's called a
522 large-scale map amendment that requires just large newspaper ads, but it would still be a
523 big effort. It would be more than 10 minutes at the planning board meeting.
524 Lamar Proctor: Thank you. And should we handle these separately?
525 Patrick Mallett: Separately, they're separate cases. I can move on and brief the other one then you'll need
526 to act separately on each case.
527 Lamar Proctor: Should we do a motion on this one?
528 Chris Johnston: Dolores still hasn't had an opportunity.
529 Dolores Bailey: No, I was just going to say, we probably need to go ahead and take a motion on this one.
530 Adam Beeman: I would prefer to settle this one and we can deal with the last one.
531 Chris Johnston: I make a motion to recommend approval and adopt the statement of consistency by
532 planning staff on Attachment 6 and the proposed ordinance and send it to the Board of
533 County Commissioners.
534 Dolores Bailey: Second.
535 MOTION BY Chris Johnston to approve the Zoning Atlas Amendment. Seconded by Dolores Bailey.
536 MOTION PASSED UNANIMOUSLY
537 Adam Beeman: All right, approved.
538
539 AGENDA ITEM 1 O: ZONING ATLAS AMENDMENT OVERLAY DISTRICT)-To review and make a recommendation
540 to the BOCC on a County-initiated zoning atlas amendment to amend the boundary of the
541 Watershed Protection Overlay District on a parcel located at 711 Faith Way Road, Mebane
542 within the Cheeks Township(PIN:9835-67-1605). This item is scheduled for BOCC public
543 hearing on September 5, 2024.
544 Patrick Mallett: Because of the similarities, I'm going to skip over some of the steps here.
545 Adam Beeman: I just have one person from the public that signed up, so when we get to that point.
546 Jessica King: I'll wait and listen to what you have to say.
547 Patrick Mallett: Okay, property owner?
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DRAFT
548 Jessica King: Yes.
549 Patrick Mallett: You can correct me if I get your story wrong. This property is located on 711 Faith Way,
550 it's the Cheeks Township, it's an amendment between the Back Creek Protected and
551 Upper Eno Protected watersheds. Baseline zoning is R1 and would remain R1, the area
552 in blue is the existing overlay boundary, the area in red depicts the new boundary change
553 and with the other case it takes it to the property line then ties it back into the current
554 mapped overlay. Land use designation rural residential, this is a good point to
555 communicate what brought the property owner to here. She was essentially maxed out
556 with her impervious as it was prorated for her property for her driveway and her house.
557 Her desire was to build a modest garage and then there was the realization, well the ridge
558 line is not here, it's over here, and that change alone would allow for enough impervious
559 surface to do a small garage. Because of the way the legalities of this work, she too,just
560 like the previous case, we're already gone through that state process, the notification of
561 the board of commissioners, they've accepted it, we have since approved because we
562 legally have to accept that for permitting purposes, the true ridge line. Her garage,we
563 have signed off on that permit. The mapping that was done is kind of hard to read but it
564 basically corresponds to the previous map. Staff analysis is the application was complete,
565 the staff review, the application is considered request consistent with the Orange County
566 2030 comprehensive plan. The proper notifications were made via mail, sign postings
567 and listed on our active development web page. With the planning board level,just like
568 the other case, would get referred on with a recommendation to the Board of County
569 Commissioners. The planning director recommends to the board to receive the rezoning
570 application delivered on their proposal as desired, consider the planning director's
571 recommendation, and make a recommendation to the BOCC on either the statement of
572 consistency, Attachment 6 or the statement inconsistency, Attachment 7, and the
573 proposed ordinance, Attachment 8 in time for the September 5th, 2024, BOCC meeting.
574 Adam Beeman: Anybody have any questions?
575 Chris Johnston: Does it matter that that line goes all the way down back to the originating line and so that
576 whole side there, does that matter in the slightest?
577 Patrick Mallett: It's the same circumstance.
578 Chris Johnston: I guess that's fair. It would be assumed that it would.
579 Patrick Mallett: The ridge line and the survey went beyond that slightly, but the reality is legally we can
580 amend it on her property, then we take it from there, but either property owner to the north
581 or south, if they felt like it benefited them and there was a need, it's a pretty compelling
582 reason to keep amending that to correspond with the ridge line.
583 Chris Johnston: I guess what I'm saying is this property owner wouldn't need to come back and then move
584 that red line back to the new line because it's along the property line, does that make
585 sense?
586 Patrick Mallett: Yeah, I understand what you're saying, there's no impact on the property owner. It's a
587 mathematical calculation and her impervious limits based on the watershed are based on
588 the amount of area on her property so, you're not going one way or another.
589 Chris Johnston: Okay. Then if the next property owner over gets a survey and finds it matches up to the
590 new line, they don't, the previous property owner doesn't need to come back and revert
591 back the line or anything along those lines, it would just continue on.
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DRAFT
592 Patrick Mallett: It would theoretically just pick up where the other one left off.
593 Chris Johnston: Okay, thank you.
594 Adam Beeman: Any other questions? Do I have a motion?
595 Lamar Proctor: I move to adopt the proposed zoning change and adopt the statement of consistency in
596 Attachment 5 and the proposed ordinance and Attachment 6 as consistent with the
597 comprehensive plan and the UDO and recommend approval to the board of county
598 commissioners.
599 Adam Beeman: Do I have a second?
600 Marilyn Carter: Second.
601 MOTION BY Lamar Proctor to approve the Zoning Atlas Amendment. Seconded by Marilyn Carter.
602 MOTION PASSED UNANIMOUSLY
603 AGENDA ITEM 8: ADJOURNMENT
604
605 Adam Beeman: I believe that's everything. Do I have a motion to adjourn?
606 Chris Johnston: I make a motion to adjourn.
607 Dolores Bailey: Second.
608 Patrick Mallett: As an administrative note, I think I had mentioned in the past, we started the process to
609 revise our telecommunications ordinance. We're basically going to gut all of that section
610 of the ordinance and get it consistent with federal and state law. That process has begun
611 and at some point, you will see, the ordinance review committee, you'll see a text change
612 amendment for telecommunications.
613 Adam Beeman: Thank you.
614 MOTION BY Chris Johnston to adjourn the meeting. Seconded by Dolores Bailey.
615
616 MOTION PASSED UNANIMOUSLY
617
618 The meeting adjourned at 7:51 PM.
21
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2024
Action Agenda
Item No. 7
SUBJECT: Orange County Land Use Plan 2050
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. None Tom Altieri, 919-245-2579
PURPOSE: To receive a presentation from Planning staff on the status of the Land Use Plan
2050 project.
BACKGROUND: The Planning Board received a presentation from Clarion Associates at its
February 7, 2024 meeting that included review of the first community engagement window and
project deliverables including the Stakeholder Summary Report and Community Policy Profile.
The staff presentation tonight will include a short status report on consultant deliverables, followed
by a deeper dive into the purpose, intent, and approach to draft land use alternatives. Land use
alternatives are a focus of the next window of public engagement, which begins later this month.
At its April 30, 2024 Work Session, the Board of County Commissioners (BOCC) received a
project briefing from Clarion Associates. The briefing included a status report on project
deliverables and conceptual land use alternatives that will be used to test and explore new policy
options for the new Land Use Plan 2050. Materials for the work session are available at
http://server3.co.orange.nc.us:8088/WebLink/0/doc/72384/Pagel.aspx
Summary of Project Scope
The project began in July 2023 and spans over two-years to Plan adoption. The planning process
includes the following phases:
Phase 1: Launch Project (COMPLETED)
Phase 2: Identify New Issues and Opportunities, including 1st Outreach Window
(COMPLETED)
Phase 3: Evaluate Planning Influences (COMPLETED)
Phase 4: Develop the Plan (HAS BEGUN, 2nd and 3rd Outreach Windows)
Phase 5: Adopt the Plan (Planning Board recommendation and BOCC Public Hearing)
Completed Deliverables
Clarion Associates has completed several project deliverables informed through data collection,
stakeholder interviews, and community member input provided during the first window of public
engagement (late-October 2023 - January 2024). The following work products are available on
the dedicated project website (https://www.orangecountylanduseplan.com) and are linked as
follows:
22
New Issues and Opportunities Report
Community Engagement Window #1 Summary Report
The Orange County Land Use Plan 2050 Fact Book
Phase 1 Stakeholder Interviews Summary Report
Community Policy Profile
Upcoming Community Engagement Meetings
Community Engagement Window (CEW)#2, for testing the Conservation and Growth Framework,
will begin later this month and extend until early November. This window will provide the
community with opportunities to review four modeled land use alternatives, associated maps, and
draft vision themes and goals. Public input is requested and can be provided through in-person
meetings and/or a survey. All content and activities will be the same at each of the following
meetings:
Wednesday, September 25th Thursday, October 3
6:00 pm — 7:30 pm 6:00 pm — 7:30 pm
Gravelly Hill Middle School Auditorium American Legion Post 6
4801 W Ten Rd, Efland, NC 27243 3700 NC-54, Chapel Hill, NC 27516
Public Survey
A public survey will also be used during CEW#2 to collect public input on land use alternatives.
To increase survey participation, Planning staff identified several community events they will be
attending for Land Use Plan 2050 tabling and survey promotion. There will be a short-form survey,
as well as a long-form survey, in hopes to right-size for the varied audiences and increase
responses. The survey will be available online and widely advertised.
Proposed Contract Amendment #2
Several Guiding Principles are identified in the Orange County Strategic Plan FY 2025-2029 that
are related to community engagement. Based on BOCC goals and feedback provided at its work
sessions, Planning staff and Clarion Associates are preparing a proposal for BOCC consideration
that would enhance engagement opportunities during CEW#2 and #3. Staff will keep the Planning
Board apprised of outcomes and plans for future project engagement.
Planning Board Next Step
Planning Board members are encouraged to attend an upcoming, in-person engagement meeting
and help encourage attendance among community members. Meeting notices will be provided
that can be used to help facilitate communication. Clarion Associates will attend the December 4
Planning Board meeting to present its engagement summary, the draft Conservation and Growth
Framework, and status report on drafting the Plan. The purpose of CEW#3 will be to unveil the
draft Land Use Plan 2050 to the public, which is expected to occur winter 2024 and extend into
the spring of 2025.
FINANCIAL IMPACT: The approved and amended consultant contract to complete the Land Use
Plan 2050 is $211,954.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the presentation, and
2. Ask any questions.
23
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2024
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance Text Amendment — Landscaping Standards
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Consistency Perdita Holtz, Deputy Director, 919-245-
2. Proposed Ordinance, Including UDO Text 2578
Amendments Cy Stober, Director, 919-245-2592
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on County-initiated text amendments to the Unified Development Ordinance (UDO)
pertaining to Landscaping standards to allow for better achievement of established UDO and 2030
Comprehensive Plan goals, clarify language for improved administration and enforcement, and to
reflect contemporary best professional standards.
BACKGROUND: The Orange County Planning Department initiated an amendment to the UDO
Landscaping standards, as found in Section 6.8 "Landscaping, Buffers & Tree Protection". The
proposed amendments are intended to be comprehensive in addressing overly complex text,
improved interpretation and application for both staff and applicants, and to resolve concerns
addressed in Arter v. Orange County.
The first draft of the amendments were reviewed by the Ordinance Review Committee (ORC) on
April 3, 2024. Notes from this meeting are posted at:
https://www.orangecountync.gov/AgendaCenter/Planning-Board-26. The proposed amendments in
Attachment 2 include minor revisions in response to comments made at the ORC meeting and to
address comments from County Attorney staff.
In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and
Agreement, the proposed amendments were sent to both towns for comment on March 22, 2024.
To date, no comments have been received.
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Approval and Consistency indicating the text amendments are reasonable
and in the public interest, as contained in Attachment 1.
2. Unified Development Ordinance (UDO) text amendments, as contained in Attachment 2.
FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff
time and the required legal advertisement for the text amendment's public hearing. County staff has
and will continue to accomplish the necessary tasks associated with amending the UDO and the
legal advertisement will be paid from budgeted funds for this purpose.
24
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Review and discuss the proposed UDO text amendments;
2. Consider the Planning Director's recommendation; and
3. Make a recommendation to the BOCC on the Statement of Approval and Consistency
(Attachment 1) and the proposed Ordinance and UDO text amendments (Attachment Q
in time for the October 1, 2024 BOCC meeting.
Attachment 1 25
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to revise text
related to Landscaping and Buffering standards.
The Planning Board hereby recommends approval of the proposed text amendment and issues this
Statement of Consistency pursuant to NCGS § 160D-604 (d)Planning board review and comments—
Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments, including review by the Development Advisory Committee (DAC), as required in
UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as
prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment supports the following principles and goals in the plan:
a. Planning Principle 8: 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.
b. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and
responsive.
c. Natural& Cultural Systems Goal 7: A balanced and healthy diversity of native plant
and animal populations.
d. Natural& Cultural Systems Objective NA-1: Conserve high-priority natural areas and
wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes, prime
forests, wildlife corridors, and other critical habitats.
4. The amendment is consistent with these principles and goals because implementation will result in
clarification and streamlining of the UDO text while continuing to provide for the installation and
maintenance of new vegetation and other landscape architectural features, as intended in Section
6.8.1 (Purpose and Intent of the Landscaping, Buffers & Tree Protection section) of the UDO.
5. The amendment is reasonable and in the public interest because it addresses overly complex text,
improves interpretation and application for both staff and applicants, and resolves concerns
addressed in Arter v. Orange County.
The Planning Board hereby adopts this Statement of Approval and Consistency and the findings
expressed herein.
Adam Beeman, Chair Date
26
Attachment 2
Ordinance #
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations related to Landscaping, Buffers & Tree Protection, and
Whereas, this amendment seeks to address overly complex text, improve interpretation
and application for both staff and applicants, and resolve concerns addressed in Arter v. Orange
County; and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
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 12024.
27
SEAL
Clerk to the Board of Commissioners
28
UDO AMENDMENT PACKET NOTES:
The following pages contain UDO amendments pertaining to Landscaping, Buffers & Tree
Protection.
Within this amendment package:
• Burgundy Underlined Text or red text: Denotes new, proposed text that staff is
suggesting be added to the UDO
• B Fg Rdy or Red Strikethro gh Text: Denotes existing text that staff is proposing
to delete
Only those pages of the UDO impacted by the proposed modifications have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes
from previous sections `spill over' onto the included page. Text with a large "X" is not proposed
for deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO
Article 3: Base Zoning Districts 2g
Section 3.7: Economic Development Districts
'i Lei 0 F-11 W-7111 VII 0 1 BEI:4 1=
Lot size, min., (square 20,000
feet)
Lot Width, min. (feet) 100
-- Front Setback from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Linear
Office(EDH-1) District is to provide locations for low to moderately
intense medical, professional, administrative and government office Side Setback, min. (feet) 15[1]
on small to mid-sized sites in the designated Hillsborough Economic
Development District.
The district is intended to be located on the periphery of established
residential areas and along major and minor thoroughfares.The Corner Setback, min. 40[1] [2]
district is established to provide convenient locations for offices,the (feet)
size and operating characteristics of which require limited parking
and which generate little traffic.
Standards are designed so that this district may serve as a
transitional land use between residential districts and higher, more Rear Setback, min. (feet) 50[1]
intense land uses.
APPLICABILITY
Height, max. (feet) 30[3]
This district will usually be applied where the following conditions Floor Area Ratio, max. NR[4] 45
exist:
1. This district will be applied in the Hillsborough Economic Required Open Space .55
Development District. Ratio, min.
2. This district shall only be applied where water and sewer are Gross Land Area,
available at the site or are to be made available to the site as part of min./max. none
the development approval process. (square feet)
DIMENSIONAL STANDARDS NOTES: Required
[1] Required side and rear setbacks adjacent to residentially zoned Pedestrian/Landscape NR .05
land shall be equal to the required side or rear setback of the Ratio, min.
adjacent residential district.
[2]Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R=residential, NR= non-residential
DEVELOPMENTEDH-1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
Orange County, North Carolina—Unified Development Ordinance Page 3-50
Article 3: Base Zoning Districts 30
Section 3.7: Economic Development Districts
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses are not permitted in this district.
7. A justification for any deviation to development standards must state a public benefit or purpose.
8. Structures in this district shall not exceed 5,000 square feet in gross floor area.
9. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m.,the proposed project must be
approved as an appropriate Conditional District
10. .When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the
perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with
Section 6.8.4-2-11 shall be installed.
11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
13. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
14. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough Economic
Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-51
Article 5: Uses 31
Section 5.5: Standards for Residential Uses
(b) Street signs shall be located and constructed to Orange County
standards and shall be installed outside the right-of-way at all
intersections.
(c) Each applicant shall submit to the Planning Department and Land
Records for approval a space addressing system consistent with the
Orange County Addressing Ordinance. Upon approval of the home park,
the applicant shall submit an approved copy of the addressing plan to the
emergency services/fire protection agency responsible for providing such
services.
(d) Each space shall have a permanent address sign erected in accordance
with the Orange County Addressing Ordinance.
(8) Grounds and Buildings
(a) The grounds shall be maintained free of litter, debris and trash, including
but not limited to abandoned appliances, automobiles, building materials
or similar materials.
(b) Grounds, buildings and storage areas shall be maintained to prevent the
growth of ragweed, poison ivy, poison oak and other noxious weeds.
(9) Mail Facilities
(a) Within each HP-CD district shall provide a clustered mail delivery
system, in compliance with the appropriate postal service guidelines.
Applicants shall consult the appropriate agency for the specific
requirements of this system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
(10) Garbage & Refuse Collection
(a) All garbage and refuse shall be stored in suitable waterproof and rodent
proof receptacles which shall be kept covered with tightly fitting lids.
(b) A central collection system shall be provided either through a private
collection system for individual spaces or through the use of bulk
containers (dumpsters).
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for every 16 individual spaces, which shall be
emptied weekly. Within the HP-CD district, parks with fewer than 16
spaces shall be required to provide one container.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.19-8 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-23
Article 5: Uses 32
Section 5.5: Standards for Residential Uses
(11) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the Home Park.
(12) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(13) Buffers and Landscaping
(a) All spaces must be located at least 100 feet from any property line, not
including street right-of-ways, regardless of the zoning district. The
disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) Spaces must be set back 40 feet from a public street right-of-way. The
disturbance of land and existing vegetation within the setback area is
prohibited and additional plantings may be required to meet the
standards for a Type C-D buffer.
(14) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission.
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required from either
a municipal or public water system. When a municipal or public system is
not available, the home park must be serviced by a supply approved in
accordance with State and local regulations.
(d) An adequate and safe method of sewage disposal shall be required.
Collection systems, sewage treatment facilities, or individual septic tank
systems shall be approved in accordance with State and local
regulations.
(e) Street lighting shall be provided at each street intersection and
throughout the park. Where the distance between street intersections
exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater and other permanent or temporary utility systems and their
connection pedestals shall be shown on the home park plans.
5.5.6 Existing Home Parks
(A) Standards of Evaluation
(1) Existing Home Parks that do not meet the standards set forth in this Ordinance
shall be considered non-conforming.
(2) Existing Home Parks that convert spaces or stalls to accommodate Temporary
Residential Units must meet applicable standards of this section and Section 2.5.
Orange County, North Carolina—Unified Development Ordinance Page 5-24
Article 6: Development Standards 33
Section 6.8: Landscaping, Buffers&Tree Protection
(B) Enhance the beauty of the built environment;
(C) Enhance the privacy and welfare of citizens by separating incompatible land uses;
(D) Allow for the ecological benefits provided by plant materials including: protection of land
from erosion and stormwater runoff; minimize noise, water, light and air pollution;
mitigation of the heat island effect; recharging of aquifers; and protection and
enhancement of wildlife habitats; and
(E) Preservation of natural forested tree areas.
6.8.2 Applicability
The landscaping and buffering standards of this section shall apply to all proposed regulated and
permitted land development for which a site plan, special use permit MPD-CD Master Plan,
preliminary plat ;n the Gase of major subdivisions plot plan, or a final plat in the Gase of Minor
s uh ;m;T is required excepting those .,dm roistered by eExempt and or eExpedited
Subdivisions-preeess, as provided by Sections 7.2.1 and 7.2.2 of this Ordinance. If the use-
specific standards of Article 5 specify differing landscaping standards, those shall prevail over
those provided herein.
6.8.3 Variations
(A) In some cases the strict adherence to this section of the Ordinance would serve no useful
purpose, in which case the Planning Director, may modify the buffer and landscape
standards of this Section where:
(1) The topography of a site and/or the size of a proposed lot are sufficient to serve
the purpose of a buffer;
(2) Existing structures, utilities, gardens or active farmland are located in the buffer
or setback areas;
(3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or
(4) An existing residence or structure with established lawn areas and/or plant beds
is contained within a proposed subdivision lot.
(B) The Planning Director may require alternative buffers or landscaping, including locations
other than those typically required, when a modification to the requirements of this
section is warranted in order to meet the intent of the specified standards.
(C) When a proposed lot includes one or more of the conditions listed above, the Planning
Director is empowered to waive the requirements for screening or additional landscaping
provided that the request is submitted in writing stating the reason and rationale for such
request, and the spirit and intent of this Ordinance is achieved.
6.8.4 Protection of Existing Vegetation
(A) Tree Protection Areas
There are two tree protection areas defined as follows:
(1) Primary Tree Protection Area
Front, side and rear yard setback areas; Stream Buffers; and Land Use Buffers
as required by this Ordinance. If no side and/or rear setbacks are required, the
Primary Tree Protection Area shall be ten feet in width as measured
perpendicular to the existing and/or proposed lot line(s).
(2) Secondary Tree Protection Area
Any portion of a lot not included within the Primary Tree Protection Area.
(B) Protective Measures
Orange County, North Carolina—Unified Development Ordinance Page 6-37
Article 6: Development Standards 34
Section 6.8: Landscaping, Buffers&Tree Protection
(1) Existing trees, regardless of size, shall not be cut or otherwise damaged or
destroyed within a primary tree protection area except as shown on an approved
Landscape and Tree Preservation Plan, plot plan, or site plan.
(2) Existing native, non-invasive and drought tolerant trees having a diameter of see
foot 24 inches or greater, as measured at diameter breast height(dbh), shall not
be cut, damaged or destroyed within a secondary tree protection area except as
shown on an approved Landscape and Tree Preservation Plan, plot plan, or site
plan .
(3) During construction activities, adequate protective measures shall be provided to
minimize damage to existing trees and other vegetation.
(4) All tree protection fencing shall be installed prior to any grading, construction
traffic or activity taking place on site.
(5) Tree protection fencing shall be a minimum of four feet in height, of durable
construction, and shall be placed outside of the drip line of the tree(s)to be
protected.
M(6) Tree protection fencing shall be maintained on the site until all site work is
completed. Protective fencing shall be removed prior to final site inspection for
the certificate of completion.
WM Logging mats shall be used in areas where drip lines or critical root zones may
be disturbed during construction.
W(8) Signs in English and Spanish shall be posted identifying the tree protection areas
and shall state the area is not to be disturbed. Such protective devices shall
effectively protect the critical root zones, trunks, and tops of trees to be retained
and shall be maintained until all work has been completed.
M(9) Construction traffic, storage of vehicles and materials, soil compaction, filing, and
grading shall not take place within the drip line of trees to be preserved.
W 10 Construction access to a site should be located where an existing or proposed
entrance/exit is located.
M 1( 1) A stabilized open area should be designated for storage of materials (including
stockpiling of soil and gravel) and for parking construction vehicles and
equipment.
(C) Mitigation
Where grading within a critical root zone of a tree cannot be avoided, the following
measures shall be used to maintain the life of the trees affected by grading:
(1) Avoid cut and fill around the entire circumference of the trunk of the tree;
(2) Root prune a tree several months prior to any cuts within the critical root zone;
(3) Prune tree limbs in an amount, which reflects the area of the roots to be severed,
but in no case allow pruning to exceed 25% of the tree crown. Fertilize, if
necessary and water the undisturbed root area of the tree;
(4) Trees that are marked for preservation and for which utilities must pass through
their critical root zones shall not have surface-dug trenches; and
(5) Utilities shall be bored through critical root zone areas. Shared utility easements
or trenches are encouraged.
6.8.5 Landscaping Standards
(A) General Design Guidelines
Orange County, North Carolina—Unified Development Ordinance Page 6-38
Article 6: Development Standards 35
Section 6.8: Landscaping, Buffers&Tree Protection
The following are guidelines and should be included where possible in the landscape
plan;and shall be balanced against other objectives of this Section when reviewing a
landscape and tree preservation plan.
(1) The use of potable water sources to irrigate should be minimized by utilizing
rainwater or other allowable systems.
(2) Native, non-invasive, and drought tolerant species should be arranged into zones
according to their water needs, by employing xeriscaping.
(3) Landscaping in the rural zoning districts (RB, AR and R1)shouldmust be
clustered and shall be consistent with existing or dedicated Common Open
Space and/or recreational areas to provide a more natural look. More formal
arrangements are possible in the medium and high density residential districts as
well as the ^^mm^r^i^' industrial and ^ ^deve'^^ment non-residential
zoning designations, including NR-CD. Variations may be permitted, as allowed
by Section 6.8.3.
(4) LandSGape materials shc)uld be se!eGted and arranged te add variety and visual
Hntc^-"rcst, r'vvc'^c�rcr ^C�Ircc'r"caz Hai'
.d- dis
(5) Landscaping shall not be located on any portion of a public or private drainage or
utility easement. Site Iand6Ga^in^ oh^, ld Ret P-A-Rfliet yAth Utility pla^^m^r,+
(6) Plant placement in buffers may include clustering; however, such clustering
should be reflected in plant placement that provides the maximum protection of
neighboring properties.
(7) Crime Prevention through Environmental Design (CPTED), as outlined by the
National Crime Prevention Institute, should be considered when laying out sites
to maximize public safety.
(8) If there is existing, healthy, natural native, non-invasive and drought tolerant
vegetation in the area of a required buffer and greater than 24" inches dbh, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer within the impacted area shall be increased 50% and
the number of required plantings shall be increased 50%.
(9) The ^ri+i^^' root topes drip line of trees within the a required buffer must be
protected if the applicant seeks credit for preservation of existing trees. For
example, if a required buffer has a dimensional width of 30 feet, and the^"ice
f^,�e drip line extends beyond the 30 feet, the buffer will be extended to the
edge of the^ri+i^al reef zene drip line in the area around the tree.'-
(B) Basic Plant Types
There are five basic plant types referred to in this section, and all shall require the use of
locally-adapted plants. They include canopy trees, evergreen trees, deciduous understory
trees, evergreen understory trees and shrubs, defined as follows:
(1) Canopy Trees
Large deciduous shade trees with a mature height of 30 feet or greater and a
mature spread of 30 feet or greater.
(2) Evergreen Trees
18 and 9 have been relocated from Buffers section,with modifications from existing language in bold.
Orange County, North Carolina—Unified Development Ordinance Page 6-39
Article 6: Development Standards 36
Section 6.8: Landscaping, Buffers&Tree Protection
TABLE 6.8.5.C.2: PLANTING MATERIAL, MIXING OF TREE SPECIES
REQUIREDTOTAL TREES PLANTED MIN SPECIES
OF ONE
ON SITE SPECIES
11 to 20 Trees 3 40%
21 to 40 Trees 4 35%
41 to 80 Trees 6 30%
81 to 150 Trees 8 25%
Over 150 Trees 10 20%
(3) Deciduous and Evergreen Shrubs
(a) All shrubs shall be cold hardy and heat tolerant.
(b) Upright shrubs shall be a minimum of 15 inches in height at the time of
planting.
(c) Shrubs shall not be planted closer than three feet on center. Shrubs shall
not be planted closer than three feet to planted trees, nor within six feet
of existing protected trees; however, no more than 25% of the root
protection zone of an existing tree may be disturbed with new plantings.
(d) When planted as a hedge, the maximum spacing for 24-inch high
deciduous shrubs shall be 36 inches on center. Spacing for other size
shrubs shall be determined by the Planning Director or designee based
on the proposed species.
(4) Preferred Species
The Planning Director shall maintain a list of plants by type and their preferred
location or use on sites developed under this Section. The list shall include
drought tolerant and native species
(5) Prohibited Plants
The Planning Director shall maintain a list of plants that are not permitted for any
use due to their invasive tendencies. Such species shall not be planted as
landscaping for any purpose.
(D) Installation
(1) The International Society of Arboriculture (ISA) maintains standards for tree
plantings. All installations shall adhere to the standards published by the ISA.
The Planning Director will have available the planting details as a booklet.
(E) Maintenance
(1) All plantings must be maintained in a healthy state. Should any vegetation that
was required to meet the standards of this section die within two years of
planting, the plants must be replaced with the same or comparable species.
(2) The Planning Director may conduct inspections to monitor the health and status
of the required landscaping.
6.8.6 Landscape Use Buffers
(A) Purpose
Landscape use buffers are intended to screen and buffer lower intensity/density uses
from incompatible higher intensity/density land uses. Buffers reduce adverse visual
effects, as well as noise, dust, and odor.
(B) Applicability
Orange County, North Carolina—Unified Development Ordinance Page 6-41
Article 6: Development Standards 37
Section 6.8: Landscaping, Buffers&Tree Protection
Landscape use buffers will be required based on the zoning district of the proposed use
and the zoning district of the adjacent uses.
(C) Location
(1) Required landscape use buffers shall be located along the interior or street lot
lines nearest the adjacent streets, land uses and/or zoning designations. Buffers
shall not be located on any portion of an existing or proposed street right of way,
drainage or utility easement unless allowed by an encroachment agreement with
the owner of that easement.
(2) No building or structure of any type shall be erected, constructed or installed in a
required landscape use buffer.
(D) Landscape U-se Buffer Table
Orange County, North Carolina—Unified Development Ordinance Page 6-42
Article 6: Development Standards 38
Section 6.8: Landscaping, Buffers&Tree Protection
TABLE 6.8.6.11): LAND BUFFERS
ZONING OF ADJACENT PROPERTIES
CIA —L
cli
RB,AR, R1 - A A B F E F F € € € €
T
aL
R-2&R-3 A - A B F D F F € D € €
a
P R-4&R-5 A A - B F OD E E € C € €
a
R-8&R-13 B B B - F B D D € C S D
a�
HP-CD F F F F - F F F € € € €
O/RM, NC-2,
° LC-1 E D CD B F - - - € D S D
a�
CC-3, GC-4, F F E D F - - - € S S D
o EC-5
El, I-1, 1-2, 1-3, F F E E F - - - € S S D
o PID
N
AS,ASE-CD D A A A F A A A € € € €
Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval.
(E) Natural Buffefs2
0) if there is existing, healthy, natural vegetatien On the area ef a required buffer, i
must be preserved. if thevegeta+s remeved easen, other than+rt
aor•orrlanoe with a appreped lanrlsoape and tree p vatiop plan the
rlimensiens of the h--ffer shall he in Greased 500/ and the p rnber of required
plantings shall he increased 501
Sees sredit�esep. existingtrees. For example, If buffehas a dimensional wwdth of 30 feet, and the GF*t*Gal root zone extends beyond the
30
.d� the bu#er will be extended to the edge of the Grit'Gal root zone in the area
aFGUn the tree
(3) If ReGessary, a RatUral buffer will be supplemented with additienal plantings
ender to meet the CGRStrUntend Buffers standards establisher! herein 3
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
Z(1) and (2)were relocated to Landscaping General Standards(6.8.5).
3(3) is redundant with (F M below
Orange County, North Carolina—Unified Development Ordinance Page 6-43
Article 6: Development Standards 39
Section 6.8: Landscaping, Buffers&Tree Protection
TABLE 6.8.6.F: BUFFER TYPES
BUFFER MINIMUM OPTION 1 OPTION 2 OPTION 3 OPTION 4
TYPE WIDTH MIXED DECIDUOUS
Plant Material Required Per 100 Linear Feet
1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree
0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree
1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous
A 20 Understory Understory Understory Understory
2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen
Understory Understory Understory Understory
13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree
1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree
0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree
1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous
B 30 Understory Understory Understory Understory
2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen
Understory Understory Understory Understory
13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree
3 Canopy Tree3-Canopy Tree 0 Canopy Tree 0 Canopy-Tree
EyeFgre n Try,., 1 Evergreen Tr oo 4Eyerg Fe n Try,.. 0 EyeFgFe n Trn.
`J nest, o s 2 DeGidueus 0 DeGidueus 7 nor , , e s
4C 40 t i
eR5 Evergreen 9 Evergreen5 EvergreeR
40- Chr---hs Tree 40 Qhr„ho Tree 48 Shrubs Tree 20 Qhruh-S Tree
6 Canopy Tree 7 Canopy Tree 0 Canopy Tree 0 Canopy Tree
1 Evergreen Tree 0 Evergreen Tree 7 Evergreen Tree 0 Evergreen Tree
4 Deciduous 10 Deciduous 0 Deciduous 12 Deciduous
D 50 Understory Understory Understory Understory
9 Evergreen 0 Evergreen 16 Evergreen 9 Evergreen
Understory Understory Understory Understory
5570 Shrubs Tree 5467 Shrubs Tree 546-9 Shrubs Tree 415-3 Shrubs Tree
6 Canopy Tree 8 Canopy Tree 0 Canopy Tree 0 Canopy Tree
1 Evergreen Tree 0 Evergreen Tree 8 Evergreen Tree 0 Evergreen Tree
4 Deciduous 11 Deciduous 0 Deciduous 13 Deciduous
E 75 Understory Understory Understory Understory
10 Evergreen 0 Evergreen 17 Evergreen 10 Evergreen
Understory Understory Understory Understory
77 Shrubs Tree 73 Shrubs Tree 74 Shrubs Tree 58 Shrubs Tree
7 Canopy Tree 10 Canopy Tree 0 Canopy Tree 0 Canopy Tree
1 Evergreen Tree 0 Evergreen Tree 10 Evergreen Tree 0 Evergreen Tree
5 Deciduous 13 Deciduous 0 Deciduous 16 Deciduous
F 100 Understory Understory Understory Understory
12 Evergreen 0 Evergreen 20 Evergreen 12 Evergreen
Understory Understory Understory Understory
85 Shrubs Tree 80 Shrubs Tree 83 Shrubs Tree 65 Shrubs Tree
6.8.7P--lantinR equirementO
W(G)Street Trees
a C& D have nearly identical standards,and C is applied only to 4 specific uses in the UDO. The main difference
appears to be shrubs and width so staff proposes to relieve this for Class D,which will further distinguish Class D&
E buffers.
S This section is primarily about buffering standards and should be continuous with the buffers section.
Orange County, North Carolina-Unified Development Ordinance Page 6-44
Article 6: Development Standards 40
Section 6.8: Landscaping, Buffers&Tree Protection
(1) Street trees shall be required along all new interior public and private streets or
as specified in Table 6.8.6_H7-
h- t ne less than at with a minimum rate of one
canopy tree and one understory, either deciduous or evergreen, tree for every 65
feet of street frontage along existing and proposed publi^ and private streets—, not
innh Jinn allow
(2) To enhance the natural appearance in the rural areas of the County, canopy and
understory trees shall be planted, and clustering is encouraged. However, there
must be at least one tree every 100 feet of street frontage.
(3) In all developments subject to the provisions of this section, the developer shall
either retain or plant trees within the front yard setback along all existing and
proposed street frontages, public and private, except for alleys.
(4) If a conflict exists with public utilities, alternate plantings consisting of a greater
number of understory trees will be permitted.
(5) Street trees shall be of a species included on the Planning Director's list of
acceptable street tree species.
MLHLStreet Tree Planting Tables
RB,AR, R1 F E B A
R-2& R-3 F D B A
aL
o R-4& R-5 F DG B B
L
a�
R-8&R-13 F DG B D
HP-CD F E9 D D
o O/RM, NC-2, F B B B
a� LC-1
Z) CC-3, GC-4, EC-5 F B B D
L
0
0
o El, 1-1, 1-2, 1-3, PID F B B D
N
AS,ASE-CD F B B B
Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval.
(C4Q) Between Lot Plantings
6 Table is new but content is from existing table 6.8.6- only new text is marked in red.
Orange County, North Carolina—Unified Development Ordinance Page 6-45
Article 6: Development Standards 41
Section 6.8: Landscaping, Buffers&Tree Protection
(1) Where a landscape use buffer is not required, a landscape area ten feet in width
exclusive of drainage and/or utility easements shall be provided along the interior
side and rear lot lines of each lot being developed. If there are no existing trees,
the developer shall provide a minimum of one tree per one thousand square feet
of land contained within the ten foot landscape area.
Figure 6.8.7.B: Between Lot Plantings
Rear Lot Line
Required Rear
Landscape Buffer
c Area
Required Interior
r Side Landscape
,O. Ruffer Area
r�
Future ;Existing Trees
o'
Structure
er
ii
rn
r
O
rY
r
Front Yard Setbac
EXAMPLE: If a 40,000 square foot lot has a dimension of 150 feet,the depth of the lot would be 266 feet(minimum lot size and
width). Not included for the purposes of the calculation is the 40 foot front yard setback(typical)or the 10 foot rear line
landscape area. The remaining side lot line dimension would be 216 feet,multiplied by the 10 foot width of the landscape area.
2160 square feet,divided by 1,000 results in 2.16 trees,or 2 trees.
(M(J) Foundation Plantings
(1) A minimum of a five foot landscape area must be planted around the entire front
foundation and sides visible from the public rights-of-way of non-residential
structures to blend the architecture into the site and to accent entrances.
Vegetation of varying heights and textures shall be placed along walls and
fences to soften the planes.
(2) If a landscape area around the foundation is not possible, as in the case of
existing buildings and parking, landscape planters should be incorporated into
the stei:e_building frontage and sides visible from the public rights-of-way to
screen the foundation from public view,from adjoining properties,and the
dedicated right-of--way. This can be done by means of raised planters, sidewalk
cutouts, or portable planters.
(€)LKLLandscaping of Vehicular Use Areas
(1) Perimeter Buffer
(a) A landscape area at least ten feet in width, exclusive of drainage and/or
utility easements, shall be provided between the vehicular use areas and
the right of way or adjacent property line, except where permitted
driveway openings are to be provided.
(b) In addition to the trees required on-site, a hedge of at least three feet in
height at maturity shall be installed to provide a continuous opaque
landscape barrier for the purpose of reducing glare and visual
distractions to passing motorists and to adjacent properties. Berms
and/or fences or a combination of all three may also be utilized.
Orange County, North Carolina—Unified Development Ordinance Page 6-46
Article 6: Development Standards 42
Section 6.8: Landscaping, Buffers&Tree Protection
(G) r r ehedges, d/e II
Pe seta ses� berms, f�er�Ges shall eXeeed
throe and e e half foot when adja eRt+e p bliG rights ef_ways 7
{4� The provisions of this subsection shall not be applicable in the following
situations:
(i) Where any off-street parking, loading or other vehicular use area
will be entirely screened visually, from any point of view, by an
intervening building or structure from abutting property;
(ii) When differences in topographic elevation eliminate the visual
impacts of the off-street parking, loading or other vehicular use
areas to adjacent roads or properties; and/or
(iii) Where planting and/or fencing is required for screening between
certain non-compatible land uses.
(2) Interior Landscaping
(a) All Off-Street Parking Areas
The following landscaping requirements shall apply to all off-street
parking areas:
(i) Under no circumstances may any parking space be located more
than 60 feet from the trunk of a canopy tree.
(ii) All trees and other landscape materials required shall be
installed in accordance with the provisions of this Section.
(b) Off-Street Parking Areas With More Than Ten Spaces
In addition to the requirements established in subsection (a)above, the
following interior landscaping requirements shall apply to all off-street
parking areas with more than ten parking spaces and within the interior
of the parking area.
(i) Terminal Islands
a. No more than ten parking spaces shall be permitted in a
continuous row without being interrupted by a terminal
landscape island.
b. Terminal Islands shall have a minimum of 300 square
feet.
C. Each terminal landscape island shall be planted with a
minimum of one canopy tree, as well as shrubs, and
ground cover in accordance with the following detail.
(ii) Minimum Landscaped Area
a. Not less than 5% of the interior of any parking, loading or
other vehicular use area shall be landscaped.
b. The location of the required interior landscaping is at the
option of the owner or developer and may include
median strips and required terminal islands.
'This is relevant when sidewalks are present but that is not currently a county requirement. If anything, higher
perimeter plantings will allow for greater screening ability. Required sight triangles will protect visibility concerns
at driveways.
Orange County, North Carolina—Unified Development Ordinance Page 6-47
Article 6: Development Standards 43
Section 6.8: Landscaping, Buffers&Tree Protection
Figure 6.8.7.D: Vehicular Use Area Landscaping,Terminal Islands
o
Zo'
0 No more than ten parking spaces shall �o fir — 91
be permitted in a continuous row without
being interrupted by a terminal landscape island. Q
0 Terminal islands shall have a minimum of 300 square feet and be planter)with a minimum
of one canopy tree,as well as shrubs and ground cover.
0 Not less than 5%of the interior of any parking.or other vehicular use area shall be landscaped.
0 A landscaped area of at least 10 feet in width shall be provided between the vehicular use area and the right-of-way.
6"6.8.7 Credits for Existing Vegetation
(A) Healthy vegetation that is retained may be credited toward landscaping requirements.
(B) Vegetation to be saved shall meet all requirements of Section 6.8.4, Protection of
Existing Vegetation.
(C) Healthy canopy trees may be retained and credited toward landscaping requirements if
each tree proposed for credit has a caliper of at least two inches, and credit will be given
on a one-for-one basis.
(D) Credit shall be allocated on a one-for-one basis for healthy evergreen trees, deciduous
understory trees, evergreen understory trees or shrubs. The size of material shall not be
taken into account except where such material is below the required minimum planting
size, in which case no credit shall be granted.
(E) In order to receive credit for any retained trees, 100% of the critical root zone shall
remain undisturbed. Trees with critical root zones outside the protected area shall not
count toward any landscaping requirements unless consistent with Section 6.8.6(E)(2).
6.8.96.8.8 Screening
(A) Applicability
(1) The standards contained herein shall apply to the following elements of all
multifamily or non-residential development:
(a) Air handlers and similar mechanical equipment visible from the public
rights-of-way in multifamily„ nenresidential devel n.,,o.+•
(b) Outdoor storage for nonresidential development;
(c) Loading areas; and
(d) Trash handling facilities, including dumpsters and recycling.
(2) All rooftop equipment shall be screened or setback so that it is not visible from
any adjacent right-of-way, except that solar panels shall be exempt from
screening requirements.
(B) Standards
Orange County, North Carolina—Unified Development Ordinance Page 6-48
Article 6: Development Standards 44
Section 6.8: Landscaping, Buffers&Tree Protection
All screening installation shall comply with NC State Building Codes and provide
clearance around onsite utilities and equipment to allow for accessibility for maintenance
purposes. Features and uses specified above shall provide a visual obstruction from
adjacent properties in conformance with the following standards:
(1) The screen may be composed solely of view-obscuring vegetation used
individually, or in combination with a wall, semi-opaque fence, or berm. The
screen height shall be eight feet from the ground, except that utilities and trash
handling facilities shall be screened to the height of the facilities plus six inches.
(2) A minimum opacity of at least 80% that obscures views from the ground to the
height of the object being screened shall be attained.
(3) Plant materials shall be at least two feet tall at the time of installation and reach
the desired height within three years of planting.
(4) Except for screening around roof-top equipment, one upright shrub of an
evergreen species shall be installed per four linear feet of any wall_-Gf--fence, or
trash/recycling enclosure that faces off-site.
(5) Trash and recycling containers must be contained within a gated, durable and
attractive enclosure,constructed of materials compatible with building
architecture. Shrubs shall be planted a ndd the fne-windatiGR ubseG+ieR (4)
(C) Fences and Walls
(1) Fences and walls shall not be required to adhere to the setback requirements
detailed within this Ordinance but shall be IeGate d „n the property of the
ndavi, ual 0 o^tinn the at;,�e.
(2) Fences and walls shall be Femnatihle with building arcp;teEtUrc
(3) Fences and walls shall be setback a minimum of ten feet from any property line
adjoining a road right-of-way, either public or private, to ensure adequate site
visibility.
(4) Fences shall not exceed 12 feet in height.
(5) Privacy fences shall be erected to that support posts and slats are visible and
accessible from the individual's property that erected the structure.
(6) Chain link fencing is not permitted in areas visible from adjacent properties,
parking areas, street or pedestrian walkways unless it is screened through use of
evergreen shrubs at a density of four(4) shrubs for every 100 feet.
(D) Credit for Other Landscaping
Plant material in project boundary buffers may be counted towards the planting
requirements of this section when located to serve both functions.
6.8.106.8.9 Landscape and Tree Preservation Plan
(A) Whenever regulated land development for which a site plan, ^^e^ial use permit, MPD-CD
Master Plan, preliminary plat iR the Gase of major sub di„ioiGRS or a final plat in the case
of rr oner subdivisions, is required, except Exempt or Expedited Subdivisions, as provided
by Sections 7.2.1 and 7.2.2 of this Ordinance, a landscape and tree preservation plan
meeting the requirements of this Section must be submitted for review and approval in
accordance with the provisions in Article 2 of this Ordinance.
(1) In consideration of existing site conditions during review of the landscape and
tree preservation plan, the Planning Director may add additional tree protection
areas when determining the exact location of any tree protection fencing.
(B) Landscape and tree preservation plans shall be prepared by certified landscape
architects or other landscape professionals with a proficiency in preparing landscaping
plans, with the exception of minor subdivisions. If a minor subdivision must install
Orange County, North Carolina—Unified Development Ordinance Page 6-49
Article 6: Development Standards 45
Section 6.8: Landscaping, Buffers&Tree Protection
plantings to meet the requirements of this section, it is encouraged that a professional
plan be prepared. However a copy of the final plat with the species and location of
plantings will be considered sufficient.
Orange County, North Carolina—Unified Development Ordinance Page 6-50
Article 6: Development Standards 46
Section 6.8: Landscaping, Buffers&Tree Protection
(C) The landscape and tree preservation plan must include the following:
(1) The location of existing and proposed structures, parking areas, roadways,
fences and walls. Landscape and tree preservation plans for subdivisions shall
not be required to show proposed structures, parking areas, fences or walls on
individual lots.
(2) The location of any required landscape buffers, trees, shrubs and screening
materials to be planted;
(3) A legend listing all plant materials to be planted;
(4) The location of any lighting fixtures proposed to minimize conflicts between
lighting and landscaping;
(5) The location and species of existing trees in buffer areas if seeking credits for
existing vegetation in accordance with Section 6.8.97;
(6) Primary tree protection areas, the critical root zones, and the method of
protection;
(7) Storage areas for construction vehicles and materials, including stockpiled soil
and gravel;
(8) How areas disturbed during construction are to be restored. Such efforts should
be phased to coincide with the establishment of final grades to minimize erosion;
and
(9) Planting details in accordance with Section 6.8.5(D).
(D) Where needed for clarity, the landscape and tree preservation plan can be provided on
separate sheets divided into two sheets: a tree preservation plan and a planting plan.
(M(E) Where tree protection is required, the landscape and tree preservation areas shall also
be depicted on the landscape, grading, and Erosion Control plan sheets.
(F) Following approval and prior to the start of construction, the plan shall be posted on the
job site and reviewed with all contractors.
0)
6.8.146.8.10 Request for Extension of Compliance
It is recognized that land development occurs ^nay continuously and that vegetation
used in landscaping or screening should be planted during specific times of year and in the
construction timeline to ensure the best chance of survival. In order to ensure compliance and to
reduce the failure of landscaping or screening materials which were installed at an inappropriate
time nr„Rder unfayernhlo GeRditi„RS, the applicant may request an extension of landscaping
compliance in accordance with the following:
(A) A Letter of Request for Extension of Compliance (LREC)with landscaping requirements
may be filed with the Planning Director, or designee, which states the reasons why the
request is being made.
(B) The applicant shall state in the LREC that they are aware of all landscaping and
screening requirements, and that the property will be brought into compliance within 90
days of the approval of the extension, or discontinue use of the property.
(C)
suihmitted hetiyeen AAay 15 and Contemher 15 of eanh yeaF, and m -ant+he
extensions at other times if there are unfavorable conditions for nlaptir 8
(D) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an
applicant may request one additional extension of up to 90 days. During periods of
s The other standards allow for discretion by the director already.
Orange County, North Carolina—Unified Development Ordinance Page 6-51
Article 6: Development Standards 47
Section 6.8: Landscaping, Buffers&Tree Protection
extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory
water conservation requirements, the Planning Director, or designee, may authorize
additional 90-day extensions beyond the one extension typically allowed. These
extensions may be continued throughout the period in which the extreme drought
conditions remain.
(E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be
issued while there is an active (pending) LREC unless a Performance Guarantee,
submitted in accordance with Section 2.27 of this Ordinance, has been posted with the
Planning and Inspections Department.
6.8.26.8.11 Additional Standards for Economic Development Districts
(A) Landscape and Tree Preservation Plan
The Landscape and Tree Preservation Plan shall be prepared in accordance with the
requirements of Section 6.8.409.
(B) Preservation of Existing Features
(1) Natural features such as streams and ponds, hillsides, rock formations, unique
vegetation and natural areas, wildlife habitats, and other similar features must be
incorporated into the overall development concept.
(2) Building sites, parking areas, and other uses shall be situated in such a way as to
protect existing tree stock having a diameter of one-foot or greater when
measured four and a half feet above ground level.
(3) Trees to be saved shall be noted on the landscape and tree preservation plan
and appropriate measures to protect the tree stock from damage during
construction, including no grading within the critical root zone, shall be indicated
in accordance with Section 6.8.4.
(4) Where possible, trees shall be protected in stands or clusters.
/ i f buildings shall fake advantage f oe d fake ' fe
C��ThI. � rg� JTl �Ta7GGTT�VTGVYG;�
eenc irlerafien the im ant of n „ofrAt',res eviews from eff_site
(6) Where ever possible, access to views are to be preserved for adjacent property
owners and passing motorists.
(7) views and visual e!eM8RtS within the visual GerridE)r shall be identified and
nreseNed where necsihle 9
(C) Buffering Neighboring Uses
(1) A minimum buffer of 100 feet in width is to be provided at the boundary of all
Economic Development Districts.
(2) In accordance with Section 6.6.4, a buffer of 100 feet in width is to be maintained
adjacent to the right-of-way of interstate highways.
(3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the
boundary adjacent to the Clearview Subdivision and adjoining residential area on
the north side of West Ten Road.
(4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86
roadway corridor. For properties located within the EDH-1 zoning district, a 50
foot wide buffer is required.
(5) Limited breaks in required interstate highway buffers may be allowed in
accordance with Section 6.6.4(5).
9 Unclear how"scenic views"are defined and how staff is to enforce these two standards(5 and 7).The primary
concern is that"Scenic Routes"are defined in the Comp Plan but are not identified throughout the county. Are
these routes the reference for enforcement, or is it professional judgment?
Orange County, North Carolina—Unified Development Ordinance Page 6-52
Article 6: Development Standards 48
Section 6.8: Landscaping, Buffers&Tree Protection
(6) Buffers may consist of existing wooded areas. If existing vegetation is not
sufficient for screening, a planted buffer shall be augmented and interspersed,
consisting of 50-75% evergreen trees reaching a minimum mature height of 30-
feet.
(7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between
adjacent land uses, whether internal or external to the project, shall be provided
in accordance with the Land Use Buffer Schedule that follows.
(8) Trees with a caliper of six inches or greater should be considered for
preservation.
(9) No grading for building or parking shall encroach upon required buffer.
(10) Landscape buffer widths may be reduced if the buffer material is adequate to
provide additional screening.
(11) Decorative walls may be used to augment required landscaping for buffer
reduction.
(12) Access and utility crossings are to be made as close to perpendicular as possible
to the length of the buffer.
(13) No Land-Disturbing Activities for buildings, parking, or storage, drainage, etc. are
permitted within a required buffer.
Orange County, North Carolina—Unified Development Ordinance Page 6-53
Article 6: Development Standards 49
Section 6.8: Landscaping, Buffers&Tree Protection
ACROSSTABLE 6.8. C: LAND USE BUFFER SCHEDULE
A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES A
WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE
DEVELOPED . (OTHER FROM
PROPOSED DEVELOPMENT
Residential, all types N/A
Finance 20
Government, Information, Recreation, Retail, Services, 30
Non-Residential Use/Reuse of Historic Buildings
Other all other Use Types in Section 5.2 50
Residential, all types Interstate Highway See also Section 6.6.4 100
Arterial Road 30
Collector Road 20
Railroad 40
Transmission Lines 40
Undeveloped Parcel 20
Residential, all types 20
Finance 20
Government, Information, Recreation, Retail, Services, 20
Non-Residential Use/Reuse of Historic Buildings
Other all other Use Types in Section 5.2 N/A
Finance Interstate Highway See also Section 6.6.4 100
Arterial Road 20
Collector Road 20
Railroad 20
Transmission Lines 20
Undeveloped Parcel 20
Residential, all types 30
Finance 20
Government, Information, Recreation, Retail, Services, 20
Government, Information, Non-Residential Use/Reuse of Historic Buildings
Recreation, Retail, Other all other Use Types in Section 5.2 N/A
Services, Non-Residential Interstate Highway See also Section 6.6.4 100
Use/Reuse of Historic Arterial Road 20
Buildings Collector Road 20
Railroad 20
Transmission Lines 20
Undeveloped Parcel 20
Residential, all types 40
Finance 20
Government, Information, Recreation, Retail, Services, 40
Non-Residential Use/Reuse of Historic Buildings
Other(all other Use Types Other all other Use Types in Section 5.2 N/A
in Section 5.2.2) Interstate Highway See also Section 6.6.4 100
Arterial Road 20
Collector Road 20
Railroad 20
Transmission Lines 20
Undeveloped Parcel 20
Note: See Article 10 for the definition of"Transmission Lines."
(D) Landscaped Parking Areas
In addition to the requirements contained in Sections 6.8.76(D) and H , projects in
Economic Development Districts shall require the following:
Orange County, North Carolina—Unified Development Ordinance Page 6-54
Article 6: Development Standards 50
Section 6.8: Landscaping, Buffers&Tree Protection
(1) A continuous poured-in-place concrete curb shall be provided around landscape
islands.
(2) Where vehicles will extend over landscape islands, such islands shall be
increased two and one-half feet in depth by decreasing the length of the parking
stall the same distance.
(3) When grading a site for parking purposes, runoff from parking areas must be
infiltrated through grass lined swales or porous-fill retention areas rather than
directing the flow to natural wetlands.
(4) Pedestrian ways are to be buffered with intermediate landscape between
sidewalks and right-of-way travel lane.
(5) Hillsborough EDD
(a) When parking lots abut a public or private right-of-way or easement, a
35-foot landscape area is required, except as otherwise specified.
(b) Landscaping islands having a minimum area of 1000 sq. ft. (vary by size
tree)shall be provided at a minimum interval of every ten parking spaces
and at the ends of all rows of parking.
(E) Plant Materials
In addition to the requirements contained in Section 6.8.5, projects in Economic
Development Districts shall require the following:
(1) All areas not paved or built upon shall be landscaped with trees, shrubs, and
lawns.
(2) Large uninterrupted areas of gravel or bark mulch or bare soil are prohibited.
(3) Whenever possible, existing vegetation shall be preserved.
(4) If existing vegetation is not preserved, no fewer than the number of trees per
acre specified in the section, "Plant Size and Distribution," shall be planted, not
counting trees planted in parking lot islands smaller than 500 square feet.
(a) "Large"trees are those referred to as "Canopy Trees" and/or"Evergreen
Trees" in Section 6.8.5.
(b) "Small'trees are those referred to as"Deciduous Understory Trees"
and/or"Evergreen Understory Trees" in Section 6.8.5.
(5) All irrigation systems are to be below ground, fully automated systems in
compliance with all applicable building code requirements.
(6) All backflow control devices are to be located or screened so that they are not
visible from streets, parking lot or pedestrian areas.
(7) Along utility rights-of-way, planting must not disrupt service or access to
overhead or underground equipment.
Orange County, North Carolina—Unified Development Ordinance Page 6-55