HomeMy WebLinkAboutAgenda 06-03-2025; 8-k - Major Subdivision Preliminary Plat Application – Eden View Acres 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2025
Action Agenda
Item No. 8-k
SUBJECT: Major Subdivision Preliminary Plat Application — Eden View Acres
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Preliminary Plat Application Package Ashley Moncado, Planner III, 919-245-
2. Staff Report 2589
3. Neighborhood Information Meeting Materials Cy Stober, Planning Director, 919-245-
4. Development Advisory Committee 2592
Comments
5. Approved Conditional Zoning District
Ordinance and Site Plan
6. Excerpt of Approved April 9, 2025 Planning
Board Minutes
7. Resolution of Approval
PURPOSE: To approve the Eden View Acres Major Subdivision Preliminary Plat application for
property with Parcel Identification Numbers 9841-52-7281 and 9840-79-5091, located at 4801
and 4901 Dairyland Road, in accordance with the provisions of Section 2.15 and Article 7 of the
Unified Development Ordinance (UDO).
BACKGROUND: A Major Subdivision Preliminary Plat application was received proposing a 38-lot
subdivision with 40% open space on +/- 190 acres. The proposed subdivision's concept plan was
previously reviewed and approved by the Orange County Board of Commissioners (BOCC) as the
site-specific plan of a Residential Conditional District (R-CD) rezoning application at the Board's
Business meeting on May 2, 2023. Both the site-specific plan and the conditions of approval for this
zoning district are available in Attachment 5. All agenda materials for this conditional zoning district
can be viewed at the following link:
http://server3.co.orange.nc.us:8088MebLi n k/0/doc/69878/Page 1.aspx.
Review Process:
A Major Subdivision application requires the submission of a preliminary plat and other
documents, in accordance with Section 2.15 of the UDO. A Concept Plan must be reviewed
and approved by the Planning Board for all Major Subdivisions, per UDO Section 2.15.2. The
Site Plan associated with the BOCC-approved R-CD zoning application for these properties
serves as the Concept Plan.
• First Action — Onsite visit with the Planning Director.
Staff Comment — The site visit was completed as part of the Conditional
Rezoning review process.
2
• Second Action — The applicant holds a Neighborhood Information Meeting (NIM).
Staff Comment: The NIM was completed as part of the Conditional Rezoning
process. NIM was held on March 22, 2023 at 5:15 p.m. at the Orange County
Public Library. The report from this meeting is in Attachment 3.
• Third Action - The Planning Board reviews and takes action on the Concept Plan
application approving Concept Plan - Flexible Development Plan.
Staff Comment: The Planning Board recommended approval of the Concept
Plan — Flexible Development Option as part of the Conditional Rezoning
application on April 5, 2023.
• Fourth Action — Once a Concept Plan is approved, the Planning Board reviews and
makes a recommendation on the approval of the Preliminary Plat for the project.
Staff Comment: The Planning Board reviewed the Preliminary Plat application at
its regular meeting on April 9, 2025, and voted unanimously to recommend
approval of the Preliminary Plat.
• Fifth Action — The BOCC reviews and takes action on the Preliminary Plat
application.
• Sixth Action — Once all construction activities have been completed, or appropriate
performance guarantees have been approved, the Planning Director shall take
action on an application solely to affirm conformity with all applicable regulations
and established conditions and approve the recordation of a Final Plat, per UDO
Section 2.15.4, allowing for the individual lots to be created.
Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application proposing to
develop 38 single-family residential lots with approximately 40% (76.27 acres) of dedicated open
space on +/- 190 acres, consistent with the applicable site-specific plan for this conditional zoning
district. Additional information regarding the proposal is contained in Attachment 2.
Planning Board Recommendation: The Planning Board received and reviewed the Preliminary
Plat application at its April 9, 2025, meeting and voted unanimously to recommend approval of
the preliminary plat (Attachment 1). Excerpts of the approved minutes from the meeting are
included in Attachment 6. Agenda materials from the meeting can be viewed at:
https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04092025-2215
The Planning Director recommends that the Board of County Commissioners:
1) Consider the matter for action;
2) Review the staff report (Attachment 2), featuring analyses of UDO compliance and
consistency of the application with Orange County's adopted plans;
3) Receive the Preliminary Plat application; and
4) Approve the Preliminary Plat, as submitted.
FINANCIAL IMPACT: This request has been reviewed by various County departments which
have determined that the approval of the request would not create the need for additional
funding for the provision of County services.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
0 GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
3
OBJECTIVE 6. Protect water supply/watersheds.
OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage
sites, nature preserves, watershed riparian buffers, and prime/threatened farmland.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board and staff recommendations; and
2. Approve the Preliminary Plat as submitted and the Resolution of Approval contained in
Attachment 7.
Attachment 1
p RAOrange County Planning & Inspections Department
NGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 • 919-245-2575
NORTH CAROLINA Major Subdivision — Preliminary Plat Application
If completing by hand, please use black or blue ink.
2/6/25
Date:
CONTACT Elizabeth C. Snipes Laura Anne Snipes Hawkins Daniel E. Snipes
Property Owner(s): 5512 Dairyland Road 181 Stonegate Drive 6602 Orange Grove Road
Hillsborough, NC 27278 Roxboro, NC 27574 Hillsborough, NC 27278
Mailing Address: Phone:
E-mail:
Applicant(if different than property owner):
Mailing Address: Daniel Jewell Phone: 919-682-0368
2510 Meridian Parkway, Ste. 100
Durham, NC 27713 E-mail: jewel l.d@a tandh.com
PROPERTY INFORMATION
9841527281 &
Parcel ID Number(PIN): 9840795091 Existing Structures? Yes ® No ❑
Location (Road Name): 4901 Dairyland Road If yes, please list existing structures below:
One single-family house
Total Acreage: 190.60
Zoning District: R-CD
Watershed: Cane Creek Protected / Cape Fear
Streams on lot? Yes ❑ No
Floodplain on lot? Yes ❑ No El
SUBDIVISION INFORMATION
Proposed Number of Lots: 38 _ Water Supply: Well ® Public ❑ Community❑
New private road proposed? Yes ❑ NoEl Wastewater: Septic ® Public ❑ Community ❑
If existing road, how many lots are using it?
Public road proposed? Yes ® No ❑ �'�� - "�''"
TURN PAPER OVER
5
OTHER SUBMITTAL REQUIREMENTS
In addition to this application, please submit the following:
A sketch vicinity map showing the location of the subdivision in relation to the existing street or highway system, which
can also be a GIS Map showing the surrounding area;
A scaled copy of the Orange County GIS Map showing Contour Lines, Soils, Water Features, and any known
easements;
25 Physical copies and 1 electronic copy of the Preliminary Plat, completed by a registered land surveyor, drawn to scale
containing the information required in Section 7.13.2 Major Subdivisions of the UDO (attached)
Application review fee per the adopted Orange County Planning Fee Schedule.
NOTE ON SUBDIVIDING FARM PROPERTIES
If the property to be subdivided is currently under farm use value taxation, please contact the Orange County Tax Office at
919-245-2100. Subdivision of the property may require payment of deferred taxes under farm use value taxation.
I certify that to the best of my knowledge the information contained above, and in the supporting documents, is a factual
representation of the proposed development.
I acknowledge that by signing this application, the Orange County Planning and Inspections Department is authorized,
pursuant to N.C. Gen. Stat. Section 153a-360, to make as many inspections of the subject property as may be necessary to
verify that the proposed work outlined herein is consistent with the provisions of all applicable State and local laws,
ordinances, and regulations.
By signing this application, I acknowledge and agree that inspectors, zoning officers, erosion control officers, and other staff
of the Orange County Planning & Inspections Department have a right, upon presentation of proper credentials, to access
the subject property at a reasonable hour for the purposes of inspection or other enforcement action.
OW IGNATU C,(/ APPLICANT SIGNATl1RE,(IF DIFFERENT FROM OWNER)
C 2/4/25
DATE DATE
FOR OFFICE USE ONLY
RECEIVED: Date By
FEES PAID: Date Amount Receipt#
6
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PAVILION
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Detailed Soil Evaluation - Snipes Property, Orange Co., NC 17
PIEDMONT Job#: 2320
ENVIRONMENTAL 216 S. Swing Rd. Suite 1 Date: 11/30/21
A s 5 o C r A T E s . P • A - Greensboro, NC 27409 Client: Keith Brown
pied montsoi1.Corn County: Orange
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Subject Parcel,Dairyland and Orange Grove 702
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Staff Report Attachment 2
Major Subdivision — Preliminary Plat
Basic Information
Vidnity Map-PINS 9841527281 and 9840795091 Parcel Identification 9841-52-7281
Number (PIN) 9840-79-5091
Applicant Name Daniel Jewell
} r 111 West Main Street,
and Address Durham, NC, 27701
Property Owner Daniel and Elizabeth
t ";�•' Name and Address Snipes
(if different from 6602 Orange Grove Rd.
Applicant) Hillsborough, NC, 27278
�* a
Agent(s), if
u 4 N/A
__
H– applicable
A
Zoning for P1 N5 9841527181 and 9840795091
Current Zoning R-CD (Residential -
r District Conditional District)
Fetrorviry
Current Use Undeveloped
9841527251
Township Bingham
Gane Greek Protected"
Existing Zoning
Overlay Districts N/A
°y, v r
RO\
9549785081 -
Q PINS 9941527291 and 9840795091 g=
—$1eams o Watershed District Cane Creek Protected
�W„1eRodes
Zon1„g
AR
D R1
1
Fr
Parcel Size +/- 190 acres
Adopted Future Land Use heap with
Future Land Use PINS 9841527281 and 984o795o9i Depicted
Map (FLUM) Agricultural Residential
Designation
FLUM Overlay(s) Resource Protection Area ! $`
Growth Management Rural
System Designation _
Definition of FLUM Land in the rural areas where the
Designation prevailing land use activities are \
related to the land (agriculture,
(Land Use Element forestry) and which is an
of Comprehensive appropriate location for the
Plan) continuation of these uses. °q kop
(Appendix F of Agricultural activities and
Comprehensive associated residential and
s,ream=
Plan) commercial uses predominate
A9i AV dke F'ilidl • -
Surrounding Land Uses and Zoning Aerial Image with Parcels 9841527281 and 9840795091 Outlined
North — AR (Agricultural Residential)
— Low density residential and undeveloped o`r
South — AR (Agricultural Residential) `Gn
— Low density residential and undeveloped p
East — AR (Agricultural Residential)
— Low density residential and undeveloped
' 9841527281,. `
West — AR (Agricultural Residential) ;
— Low density residential and undeveloped € ; "
Existing Roads '
North None '
• ^R „A
South Dairyland Road
East None s��P39�491
V,
West Orange Grove Road
f INs 984-.527281 and 98007950n1
2
20
Existing Conditions/Physical Features
One parcel currently has a stick-built structure in "Poor" condition, as evaluated by the Orange County Tax
Office, which is proposed to be deconstructed. The property rises to a high point in the northeastern corner
of the property, with gentle slopes down to the buffered creek beds. Most vegetation is located near the
center and west portions of the parcel. The current state of the parcel use is for farming.
Public Water and Sewer
Private well and septic systems are used in this area. The Water and Sewer Management, Planning, and
Boundary Agreement (WASMPBA) does not designate this area as a Primary Service Area for water and
sewer services.
Proposed Project
Proposed Development
Applicant is proposing a flexible major subdivision including 38 single-family homes and 40% (+/-76.27
acres) open space on +/- 190 acres. The average lot size is 2.75 acres. The Flexible Development
Conservation Cluster option involves the preservation of a minimum 33% of the total tract's land area as
protected open space. The applicant submitted a preliminary plat (Attachment 1) with proposed lots
adhering to 30,000 sq. ft. minimum lot size and proposing approximately +/- 76.27 acres of open space.
A summary of the proposal is as follows:
Number of Average Lot Open Space
Subdivision Type Lots Size Area in Open Space percentage
Flexible Development 38 2.75 acres +/-76.27 acres in open 40% in open
Plan space space
Open Space
The Flexible Development plan proposed a total of+/-76.27 acres of open space. Primary open space, including
the stream and buffer areas, total 25.29 acres; Secondary Open Space includes 50.98 acres. Open space areas
include a pavilion, farm structures, and nature trails.
Landscape Buffer
The Flexible Development plan identifies a 50 ft. buffer along perimeter of subdivision. No additional buffers are
required, per UDO Section 6.8.6.
Recreational Facilities
Recreational facilities payment in lieu fees shall be paid towards Bingham Park District before final plat
approval.
Conditions of Approval
Per Section 2.9.1(F) of the UDO, the approved Conditional Zoning application is subject to mutually agreed
upon conditions. The proposed preliminary plat demonstrates compliance with the conditions approved by
the BOCC on May 2, 2023, though it does feature some "minor modifications", as allowed by UDO Section
2.9.1(l).
3
Preliminary Plat
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4
22
Proposed Access and Transportation Network Improvements
The project proposes access via a new 50-foot public right of way connecting to Dairyland Road, subject to
NCDOT design and construction standards. The new road shall not be interconnected to any adjacent
properties and is proposed to terminate in a cul-de-sac conforming with NCDOT regulations and the NC
State Fire Code. A second access to Orange Grove Road, via an existing gravel driveway, shall be
maintained to provide a secondary, restricted access point for emergency vehicles only. Final design for
the secondary access point and proposed road, including the cul-de-sac and temporary turn arounds, will
be determined at final plat stage based on the review and approval of Planning staff, NCDOT, and the
Orange County Fire Marshall.
The project is proposing public access from Dairyland Road only. As part of the Conditional Rezoning
process, the following access improvements were proposed based on the submitted Transportation Impact
Analysis (TIA):
— Dairyland Road at Site Driveway- Construct a full-movement site driveway with one ingress lane
and one egress lane.
Summary of Transportation Information
Existing Roadway Characteristics
Affected Roadway Dairy Land Road
Type of Roadway Minor Collector
Current Roadway Capacity 9,000
Latest Traffic Volume 1,000
Traffic Generation
Number of Trips Expected to be Generated by 95 Total Daily
Proposed Project 45 Total AM Peak
45 Total PM Peak
Proposed Utilities
Water and wastewater services will be provided via individual private wells and septic systems on each lot.
Wells and septic systems shall meet Orange County Environmental Health standards. No Improvement
Permit applications have yet been submitted.
Erosion Control/Stormwater Regulations
The applicant has indicated that the project will conform to existing stormwater management (Section 6.14)
and erosion and sedimentation control (Section 6.15) regulations of the UDO. Comprehensive review for
these regulations is provided by Orange County upon submittal of a Land Disturbing Permit, which has yet
to be submitted. See Attachment 5. Based on staff review of the preliminary subdivision plat, the project
can meet applicable stormwater management requirements for the Jordan Lake basin watershed, as
defined in UDO Section 6.14.8(B).
Land Use Buffers/Setbacks
North
South — Landscape Buffer— 50' Buffer
East — Setbacks - 30' from front, 15' from side and rear (Reduced setbacks are
West permitted as part of the Flexible Development Option)
5
2,
Environmental Assessment (EA)
An Environmental Assessment is not required as part of a Major Subdivision application. However, an
Environmental Assessment was submitted as part of the Conditional Rezoning review process in 2022.
At that time, Planning and DEAPR staff reviewed the materials and issued a determination of"Finding of
No Significant Impact (FONSI)" as required in Section 2.25.1(B)(5) of the UDO.
Solid Waste
This conditional zoning district requires that development on the property conform to the Orange County
Solid Waste Management Ordinance. OC Solid Waste requires a "Will-Serve" letter from the private
hauler that will be servicing the site to confirm that, based on the latest set of plans, said private hauler
can and will provide recycling collection that, at a minimum, meets OC Solid requirements for recyclable
materials collected.
Review Milestones
Application Submittal Date February 6, 2025
Development Advisory Committee February 27, 2025
DAC Review
Neighborhood Information Meeting March 22, 2023 (as part of the conditional rezoning
(NIM) application which required a NIM for the same land
use
Note: the DAC is a staff/agency committee, established in Section 1.9 of the UDO.
Courtesy Review
Jurisdiction Date Sent Comments Received (YIN)
State Clearinghouse February 9, 2023 Yes
Analysis
Staff Analysis
As required under UDO Section 2.15.3, the Planning Director shall submit a written analysis of the
application and recommendation for the Planning Board. In analyzing this request, the Planning Director
offers the following:
1. The application has been deemed complete in accordance with the requirements of Sections 2.2
and 2.15.3 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed subdivision.
3. Staff has determined that the preliminary plat should conform with the development standards of
Article 6 and the subdivision standards of Article 7 when refined as a preliminary plat.
4. Staff supports the approval of the flexible development option contained in Attachment 1.
6
Attachment 3 24
Neighborhood Information Meeting Report Form
REPORT OF INFORMATION MEETING REQUIRED BY
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
To: Tyler Sliger, Orange County Subdivision Administrator/Planner II
Project Name: Eden View Acres
Approximate Location (or Address):4901 Dairyland Road
Proposed Number Lots: 38 Residential (Y/N): Y
The undersigned hereby certifies that the required sign(s) was posted on the property proposed
for project, on each road frontage of said project on (date) 3/8/23
A photo of the sign posted is recommended to be attached to this form.
The meeting was held at the following time and place: March 22, 2023 at the main Orange
County Library
The persons in attendance at the meeting: See attached Attendance sheet
The following issues were discussed at the meeting (Attach additional sheet(s) if needed):
(please see attached)
As a result of the meeting, the following changes were made to the project proposal (Attach
additional sheet(s) if needed): A determination was made that no changes need to be made.
Date: March 28, 2023
Applicant: Daniel Jewell
By:
Please submit this Report to the Orange County Planning Department located at 131 W.
Margaret Ln or mail it to Tyler Sliger, Subdivision Administrator, at 131 W. Margaret Ln.
Hillsborough NC, 27278. If you have any questions, please contact Tyler Sliger at (919) 245-
2586 or tsliger(a_orangecountync.gov.
25
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Neighborhood Information Meeting Sign-In Sheet
Project/Plan: Eden View Acres/Flexible Subdivision PIan
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Date &Time: March 22 2023
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ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Neighborhood Information Meeting Sign-In Sheet
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Date &Time: March 22,2023
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OAVAP ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Neighborhood Information Meeting Sign-In Sheet
Project/Plan: Eden View Acres/Flexible Subdivision Plan
Date &Time: March 22, 2023
Name Address Telephone Number Email Address
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28
Questions asked at the Eden View Acres Neighborhood Information Meeting 3/22/23
• Road type and maintenance? (paved & maintained by NCDOT)
• Multiple home builders? (yes but it will be a selective process)
• Lot size? (average of 2-5 acres)
• Reason for Rezoning? (the Orange County UDO requires it in order for this to be a flexible
subdivision which helps to save open space)
• Can more houses be added after this Rezoning? (no, would have to Rezone the property again)
• Will it affect existing agriculture on adjacent property? (no)
• What if someone gets hurt on adjacent property. (their liability insurance should cover that)
• Will there be covenants on the Open Space? (yes)
• Could someone build something like a soccer field in the Open Space? (no,that would be
considered a major change and would trigger another Rezoning)
• Will the homeowners live in the houses? (yes,they are not speculative homes as they will be
custom built and designed for each homeowner.)
• Will there be "spec houses"? (no, not typically, but we do allow the opportunity for a builder to
build a show home that will then be put on the market.)
• What size will the houses be? (minimum of 1,500 sf)
• Will this be a gated community? (no)
• Can neighbors use the trails? (yes, either by individual invitation or through a blanket invitation
where neighbors that were notified about the NIM would be allowed to use the trails)
• View into the site? (houses will be situated among trees where possible and trees will be
planted where necessary to screen houses that might be visible from the road)
• Existing road off of Orange Grove to be emergency access only? (yes)
o Open during construction? (no) Gated? (yes)
• Are home footprints set in stone? (no)
o Can homes be moved elsewhere on the lot? (yes,with the direction of the ARB)
• Can homeowners cut down trees on their lots? (they will need permission for trees over 8"from
the ARB)
• Who controls changes within the Open Spaces? (HOA- homeowner's association)
• Will private property be controlled by the HOA? (the ARB restricts the property as a whole to
the design specification it has published and will protect within the protected viewsheds)
• Will there be a farm? (yes but edible plantings will be limited to trails at first)
• Who maintains the farm? (There will be an operator that will be selected by the HOA)
• Will there be septic spray systems? (no,they will be underground)
• What is the expected timeline and cost? (5+years to buildout, unknown cost at this time)
• Why is it phased? (this allows more flexibility and cost balancing during the sales and building
process)
o Can the start of Phase 2 be restricted so Phase 1 must be completed first? (not by the
County,the developer can do this if desired)
• Proximity to each other? (they won't be very close to each other)
Concerns raised:
• Orange Grove community (hope it won't be closed off)
29
0A fairly new neighbor said they felt welcomed by the community
• Another neighbor stated that they appreciated the effort the owners have put into this project
• One neighbor was concerned about people trespassing on her land, an attorney told her she
needs more insurance
30
Attachment 4 ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov I 131W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
March 10, 2025
Eden View Acres Subdivision
Case #: SUB25-0018
PINs: 9841-52-7281 and 9840-79-5091
Re: Development Advisory Committee Report (UDO, Article 1, Section 1.9.5)
The Orange County Development Advisory Committee met on February 27, 2025, for a final
review and discussion of the major subdivision preliminary plan application for PINs: 9841-52-
7281 and 9840-79-5091 (Case #: SUB25-0018).
The Orange County Development Advisory Committee has no objections to the approval of the
major subdivision preliminary plat application so long as the items in the attached departmental
memos are addressed. The application package features an abstract and staff report that
provide the foundations for my recommendation regarding this application and request.
Sincerely,
Cy Sto er
Planning & Inspections Director
Orange County Government I www.orangecountync.gov 1 919.732.8181
31
GRANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 i 919.24S 2S7S
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: SUB25-0018 (Eden View Acres) Major Flexible Subdivision
Preliminary Plat
Location/PIN: 9841527281, 9840795091
Applicant: Dan Jewell
Staff Planner: Ashley Moncado, Planner III
DAC Meeting Date: February 20, 2025
L- IAddressing and Britney Pendleton
Land Records Date: 2/12/25 Staff: brpendleton(a-)orangecountync.gov
919-245-2576
1. In accordance with the PIN Ordinance, all surveys creating new parcels of land
must be depicted with full bearings and distances (meets & bounds), as well as a
size for that area described.
2. Eden View Way and Bildan Way have been reserved by the addressing team.
Attorney's James Bryan
Office Date: Staff: ibryan orangecountync.gov
919-245-2319
No comments received.
Building Michael Rettie
Inspections Date: 2/14/25 Staff: mrettie orangecount r�gov
919-245-2604
1. Any proposed construction regulated by the NC State Building Codes will require
Permits.
Chris Hirni
DEAPR Date: Staff: chirni(aD-orangecountync.gov
919-245-2514
No comments received.
Environmental Victoria Hudson
Health Date: 2/17/25 Staff: vhudson(c�orangecountync.gov
919-245-2365
1. No applications have been received. No other public health comments.
32
Erosion Tyler Sliger
Control Date: 2/12/25 Staff: Tsliger orangecountync.gov
919-245-2582
1. Please add the following signature block to the Final Plat:
A Land Disturbance Permit has/has not been approved for this subdivision. This
certification is not a Land Disturbance Permit or an approval for Land Disturbance.
Subsequent changes to this subdivision may affect the ability to obtain a Land
Disturbance Permit and/or Stormwater Permit.
Erosion Control Officer Date
2. Please add the following note to the Final Plat:
Orange County Erosion Control and Stormwater Note:
Orange County regulates: Land Disturbance (UDO Section 2.18); Stormwater
Management (UDO Section 2.21); Impervious Limits (UDO Section 4.2); Stream
Buffer buffers UDO Section 2.20); Floodplain Development (UDO Section 2.6);
Watershed Protection (UDO Section 4.2), and High-Quality Water Zone areas
(HQW) (UDO Section 4.2). Before building, installing, developing or land
disturbing on any parcel or area within the subdivision, please contact the
Orange County Erosion Control and Stormwater Division to determine which
regulations may apply. Orange County also strongly advises the applicant to
submit a Land Disturbance Permit (LDP) before final plat recordation to account
for the total regulated disturbance(s), including any roads and lots within the
subdivision area. If permanent Stormwater Control Measures (SCMs) are
constructed to meet Stormwater Management requirements, then the SCM(s)
may require the recordation of permanent stormwater maintenance easements
and/or access easements (accessible via the nearest public right of way) to
provide perpetual access to the SCM(s) for Orange County inspection.
3. Based on the information provided a Land Disturbance Permit will be required for
this project. We recommend including the road disturbance along with the 38-lot
disturbance to be under one permit.
4. The proposal shows the road going over a stream, to comply with Orange County
standards the applicant will need to apply with Orange County for a Buffer
Authorization Certificate. The applicant will also need to apply for a 401/404
permit with the State.
Fire and Life Chris Pendergrass
Safety Date: 2/17/25 Staff: cpendergrass .orangecountync.gov
919-245-6125
1. Two separate fire access roads will be required unless homes are equipped with
automatic sprinkler systems or dwelling units on a single fire access road shall
not be increased unless fire apparatus access roads will connect with future
development.
2. Approved driving surface shall support load of 75,000 pounds.
3. Roadway shall not exceed 10% in grade.
4. Roadway shall be no less than 20' in width, not including shoulders and or on
street parking.
5. Clearance over roadway shall be no less than 13 '/2'.
33
6. Cul-de-sacs shall be 96' in diameter in accordance with Figure D103.1 of 2018
NC Fire Code.
7. Recreational fires shall not be conducted within 25' of a structure or combustible
material. Conditions that could cause a fire to spread within 25' of a structure
shall be eliminated prior to ignition.
David Genwright
NCDOT Date: Staff: digenwright ncdot.gov
336-570-6833
1. Permitting:
— Prior to performing work in NCDOT R/W, the applicant will need to obtain
the following:
— Approved NCDOT Driveway Permit for proposed connection to
Dairyland Road
— $50 Driveway fee per every access
— An approved NCDOT Encroachment Agreement for any proposed
utility installations or activities within right of way
2. Trip Gen:
— This 38-lot development is expected to generate less than 30 trips per
peak hour. Based on our findings, no roadway improvements are
expected from NCDOT. Other jurisdictions may have tother requirements.
3. Plans:
— Redlined plans with more details are being offered. See attached. Prior to
issuance of the above permit documents, and addition to the state
maintenance system, the applicant will need to satisfactorily address the
comments on the plans as well as the following highlights:
— With the intention of the roads being added to the state highway
maintenance system, the subdivision will need to be designed to the
standards found in NCDOT's Subdivision Roads Minimum Construction
Standard and to NCDOT road addition requirements.
— Road addition following the proposed phasing would prohibit addition of
roads.
— The division of phase 1A and 1 B would prohibit the addition of "Eden View
Way„
— Phase 1 A as proposed has to few houses for the road to be considered for
addition to state maintenance.
— The Division of Phase 1 B and 2 would prohibit the addition of "Bildan
Way"
— Phase 1 B as proposed has to few housed on "Bildan Way" for the road to
be.
— If the Phases are intended to be built as proposed, turnarounds will need
to be designed for the end of the roads of each phase until full build out
— The attached memo "Secondary Road Turnaround Policy" gives NCDOT
policy on turnarounds and cul-de-sacs.
4. Stormwater:
— The Subdivision Roads Minimum Construction Standard's page 17 has
NCDOTS expectations on stormwater controls.
34
— Narrative and Report - The stormwater report is being reviewed by
NCDOT's Hydraulics Unit for a more specialized response. Comments are
forthcoming.
5. Addition to State Maintenance System:
— The developer and or the residence of the subdivision will need to petition
the roads to be added into the state maintenance system. All requirements
will need to be met at the time of petition for consideration.
Ashley Moncado
Planning Date: 2/17/24 Staff: amoncado6a 0rangecountync.gov
919-245-2589
1. The remaining $46 of the review fee is outstanding and will need to be paid prior
to Planning Board review.
2. Please provide update regarding the status of the recombination plat.
3. Provide the two correct PINs in the Preliminary Plan title block related to this
subdivision.
4. Phasing lines shall be added to the Preliminary Plan sheet. Please include a
table summarizing the phasing schedule.
5. Building setback lines shall be illustrated or labeled on at least one lot on the
Preliminary Plan sheet.
6. Show the lot dimensions for each lot shown on the Preliminary Plan sheet.
7. Note average lot size for the entire subdivision.
8. The location, dimensions and classification of all proposed streets, easements,
alleys and other right of ways shall be shown on the plat.
9. The location and dimensions of proposed pedestrian paths and sidewalks, bike
lanes or paths, shall also be shown. This would include the nature trail contained
in the approved concept plan.
10.Proposed streets, pavement or travel way widths shall be denoted as well as
typical roadway cross sections.
11.Manmade features including houses and barns shall be shown in their
approximate location. If existing structures are to be removed or demolished,
provide a note.
12.Need to provide open space calculations identifying total acreage in primary
open space and total acreage in secondary open space. Identify these areas on
the Preliminary Plan sheet.
13.Note required 100 ft. Type F Buffer along perimeter of subdivision.
14.All proposed parking shall meet standards of Section 6.9.10, Off Street Parking
Design Standards and Section 6.8.6(J), Landscaping of Vehicular Areas.
15.Identify and label "Pedestrian Open Space Area".
16.Provide a note referencing recreational facilities payment in lieu fees shall be
paid towards R7 Bingham Park District before final plat approval.
17.The preliminary plan shows a stub out from the cul-de-sac to the northern parcel
line. This is different than what was contained in the concept plan approved by
the BOCC in 2023. In addition, the existing gravel driveway proposed for fire
access appears to have been eliminated on the preliminary plan.
18.The approved concept plan included two parking areas, farm structures, mail
kiosk, and a pavilion. Please include on the preliminary plan.
19.The Preliminary Plan shall demonstrate compliance with the following approved
conditions for the Residential Conditional District.
35
a. Additional plantings will be added to the western property line of lot#34 to
screen the view from parcel PIN 9841-32-2556.
b. The site property line will be marked with signage that reads "DANGER,
NO TRESPASSING FARM EQUIPMENT IN USE" at lots 7 through 11
with signage facing both directions.
c. The developer will install a fence with no trespassing signage along the
shared property line with tax parcel 9841-73-4586.
d. The developer will notify prospective property purchasers of the Eden
View Acres subdivision of the presence of a shooting range and
associated noise on the adjacent property, so long as that use continues.
e. The developer will notify prospective property purchasers that this is a
voluntary agriculture district.
Matt Taylor
Solid Waste Date: Staff: mtaylor(a_orangecountync.gov
919-918-4905
No comments received.
Stormwater Christopher Sandt
Management Date: 02/14/25 Staff: csandt orangecountync.gov
919-245-2583
1. The project is located in the Cane Creek Protected Watershed Overlay District.
A Stormwater Management Plan (SMP) submittal is required if the proposed
Land-Disturbing Activity exceeds 43,560 square feet, or if the project is a
subdivision. The Land-Disturbing Activity threshold is cumulative to the parent
parcel (i.e., the original parcel boundary before subdividing) and will carry over to
any/all resulting subdivided parcels, regardless of development timelines or
ownership transitions for the subdivided parcels. Development activity
associated with a subdivision will almost certainly trigger the need for an SMP or
a Land Disturbance Permit (LDP) up front, in concurrence with the subdivision
process. Orange County advises the applicant to clearly relay this
information in writing to prospective buyers/builders.
Transportation Darlene Weaver
Services Date: Staff: dweaver(a_orangecountync.gov
919-245-2002
No comments received.
36
Tasks to Complete & Responses Needed:
Development Advisory Committee (DAC) Comments
DAC review comments and recommendations do not constitute plan or permit approval for this application
and/or replace any other plans and permits that may be required by other County departments and State
agencies.
Project: SUB25-0018 (Eden View Acres) Major Flexible Subdivision
Preliminary Plat
Location/PIN: 9841527281, 9840795091
Applicant: Dan Jewell
Staff Planner: Ashley Moncado, Planner III
DAC Meeting Date: February 20, 2025
Addressing and Britney Pendleton
Land Records Date: 2/12/25 Staff: brpendleton(a�orangecountync.gov
919-245-2576
1. In accordance with the PIN Ordinance, all surveys creating new parcels of land
must be depicted with full bearings and distances (meets & bounds), as well as a
size for that area described.
Applicant Response: New lots are not being created at this stage.
2. Eden View Way and Bildan Way have been reserved by the addressing team.
Applicant Response: Thank you.
James Bryan
Attorney's Office Date: Staff: jb an orangecountync.gov
919-245-2319
No comments received.
Building Michael Rettie
Inspections Date: 2/14/25 Staff: mrettie orangecountync.gov
919-245-2604
1. Any proposed construction regulated by the NC State Building Codes will require
Permits.
Applicant Response: Noted, thank you.
Chris Hirni
DEAPR Date: Staff: chirni orangecountync.gov
919-245-2514
No comments received.
Environmental Victoria Hudson
Health Date: 2/17/25 Staff: vhudson(a-)orangecountync.gov
919-245-2365
1. No applications have been received. No other public health comments.
37
Erosion Tyler Sliger
Control Date: 2/12/25 Staff: Tsliger orangecountync.gov
919-245-2582
1. Please add the following signature block to the Final Plat:
A Land Disturbance Permit has/has not been approved for this subdivision. This
certification is not a Land Disturbance Permit or an approval for Land Disturbance.
Subsequent changes to this subdivision may affect the ability to obtain a Land
Disturbance Permit and/or Stormwater Permit.
Erosion Control Officer Date
Applicant Response: Noted, thank you.
2. Please add the following note to the Final Plat:
Orange County Erosion Control and Stormwater Note:
Orange County regulates: Land Disturbance (UDO Section 2.18); Stormwater
Management (UDO Section 2.21); Impervious Limits (UDO Section 4.2); Stream
Buffer buffers UDO Section 2.20); Floodplain Development (UDO Section 2.6);
Watershed Protection (UDO Section 4.2), and High-Quality Water Zone areas
(HQW) (UDO Section 4.2). Before building, installing, developing or land
disturbing on any parcel or area within the subdivision, please contact the
Orange County Erosion Control and Stormwater Division to determine which
regulations may apply. Orange County also strongly advises the applicant to
submit a Land Disturbance Permit (LDP) before final plat recordation to account
for the total regulated disturbance(s), including any roads and lots within the
subdivision area. If permanent Stormwater Control Measures (SCMs) are
constructed to meet Stormwater Management requirements, then the SCM(s)
may require the recordation of permanent stormwater maintenance easements
and/or access easements (accessible via the nearest public right of way) to
provide perpetual access to the SCM(s) for Orange County inspection.
Applicant Response: Note will be added at time of Final Plat.
3. Based on the information provided a Land Disturbance Permit will be required for
this project. We recommend including the road disturbance along with the 38-lot
disturbance to be under one permit.
Applicant Response: Land Disturbance Permit will be obtained at time of Final Plat.
4. The proposal shows the road going over a stream, to comply with Orange County
standards the applicant will need to apply with Orange County for a Buffer
Authorization Certificate. The applicant will also need to apply for a 401/404
permit with the State.
Applicant Response: Buffer Authorization Certificate has been applied for.
Application for a 401/404 permits are in progress.
38
UFFireand Life Chris Pendergrass
ty Date: 2/17/25 Staff: cpendergrass orangecountync.gov
919-245-6125
1. Two separate fire access roads will be required unless homes are equipped with
automatic sprinkler systems or dwelling units on a single fire access road shall
not be increased unless fire apparatus access roads will connect with future
development.
Applicant Response: Added as a Fire and Life Safety Note on the Cover Sheet.
2. Approved driving surface shall support load of 75,000 pounds.
Applicant Response: Note added to Preliminary Plat "Surfacing and structural
capacity of the fire access shall be determined at the time of final plat."
3. Roadway shall not exceed 10% in grade.
Applicant Response: Added as a Fire and Life Safety Note on the Cover Sheet
reading 12% instead of 10% as determined by the Fire Marshal and with the
word "Proposed" added.
4. Roadway shall be no less than 20' in width, not including shoulders and or on
street parking.
Applicant Response: Note added to Preliminary Plat "Width of the fire access
shall be determined at the time of final plat."
5. Clearance over roadway shall be no less than 13 '/2'.
Applicant Response: Added as a Fire and Life Safety Note on the Cover Sheet.
6. Cul-de-sacs shall be 96' in diameter in accordance with Figure D103.1 of 2018
NC Fire Code.
Applicant Response: Discussions between Orange County and NCDOT about
the turnarounds are ongoing. Per direction from Orange County Planning, note
added to Cover Sheet that reads "Turnaround design and associated ROW
geometry will be determined on final plat, pending County and NCDOT approval."
7. Recreational fires shall not be conducted within 25' of a structure or combustible
material. Conditions that could cause a fire to spread within 25' of a structure
shall be eliminated prior to ignition.
Applicant Response: Added as a Fire and Life Safety Note on the Cover Sheet
along with a definition of "recreational fires."
David Genwright
NCDOT Date: Staff: digenwright ncdot.gov
336-570-6833
1. Permitting:
- Prior to performing work in NCDOT R/W, the applicant will need to obtain
the following:
- Approved NCDOT Driveway Permit for proposed connection to
Dairyland Road
- $50 Driveway fee per every access
- An approved NCDOT Encroachment Agreement for any proposed
utility installations or activities within right of way
Applicant Response: Noted, thank you.
2. Trip Gen:
39
- This 38-lot development is expected to generate less than 30 trips per peak
hour. Based on our findings, no roadway improvements are expected from
NCDOT. Other jurisdictions may have tother requirements.
Applicant Response: Noted, thank you.
3. Plans:
- Redlined plans with more details are being offered. See attached. Prior to
issuance of the above permit documents, and addition to the state
maintenance system, the applicant will need to satisfactorily address the
comments on the plans as well as the following highlights:
Applicant Response: Noted, thank you.
- With the intention of the roads being added to the state highway
maintenance system, the subdivision will need to be designed to the
standards found in NCDOT's Subdivision Roads Minimum Construction
Standard and to NCDOT road addition requirements.
Applicant Response: Noted, thank you.
- Road addition following the proposed phasing would prohibit addition of
roads.
Applicant Response: No petition for State road maintenance will be made until roads
are constructed to NCDOT standards and there are sufficient houses on the road
to meet NCDOT standards.
- The division of phase 1 A and 1 B would prohibit the addition of"Eden View
Way„
Applicant Response: No petition for State road maintenance will be made until roads
are constructed to NCDOT standards and there are sufficient houses on the road
to meet NCDOT standards.
- Phase 1 A as proposed has to few houses for the road to be considered for
addition to state maintenance.
Applicant Response: No petition for State road maintenance will be made until the
minimum number of houses are constructed.
- The Division of Phase 1 B and 2 would prohibit the addition of "Bildan Way".
Applicant Response: No petition for State road maintenance will be made until roads
are constructed to NCDOT standards and there are sufficient houses on the road
to meet NCDOT standards.
- Phase 1 B as proposed has to few housed on "Bildan Way" for the road to
be.
Applicant Response: No petition for State road maintenance will be made until the
minimum number of houses are constructed.
- If the Phases are intended to be built as proposed, turnarounds will need to
be designed for the end of the roads of each phase until full build out
Applicant Response: Turnarounds have been indicated on the revised plat and
labeled with the note "Turnaround design and associated ROW geometry will be
determined on final plat, pending County and NCDOT approval."
- The attached memo "Secondary Road Turnaround Policy" gives NCDOT
policy on turnarounds and cul-de-sacs.
Applicant Response: Discussions between Orange County and NCDOT about the
turnarounds are ongoing. Per direction from Orange County Planning, note
40
added to Cover Sheet that reads "Turnaround design and associated ROW
geometry will be determined on final plat, pending County and NCDOT approval."
4. Stormwater:
- The Subdivision Roads Minimum Construction Standard's page 17 has
NCDOTS expectations on stormwater controls.
Applicant Response: Noted, thank you.
- Narrative and Report - The stormwater report is being reviewed by
NCDOT's Hydraulics Unit for a more specialized response. Comments are
forthcoming.
Applicant Response: Thank you, we look forward to receiving them.
5. Addition to State Maintenance System:
- The developer and or the residence of the subdivision will need to petition
the roads to be added into the state maintenance system. All requirements
will need to be met at the time of petition for consideration.
Applicant Response: Noted, thank you.
Ashley Moncado
16 Planning Date: 2/17/24 Staff: amoncado(cD-orangecountync.gov
919-245-2589
1. The remaining $46 of the review fee is outstanding and will need to be paid prior
to Planning Board review.
Applicant Response: The fee has been paid.
2. Please provide update regarding the status of the recombination plat.
Applicant Response: Plat has been prepared and is in the process of being
recorded.
3. Provide the two correct PINs in the Preliminary Plan title block related to this
subdivision.
Applicant Response: Missing PIN added to main parcel.
4. Phasing lines shall be added to the Preliminary Plan sheet. Please include a
table summarizing the phasing schedule.
Applicant Response: Phase lines and schedule added to Preliminary Plat.
5. Building setback lines shall be illustrated or labeled on at least one lot on the
Preliminary Plan sheet.
Applicant Response: Setbacks have been labeled on lot #34.
6. Show the lot dimensions for each lot shown on the Preliminary Plan sheet.
Applicant Response: Lots have been dimensioned.
7. Note average lot size for the entire subdivision.
Applicant Response: Average lot size has been noted.
8. The location, dimensions and classification of all proposed streets, easements,
alleys and other right of ways shall be shown on the plat.
Applicant Response: Typical street sections shown on Preliminary Plat.
9. The location and dimensions of proposed pedestrian paths and sidewalks, bike
lanes or paths, shall also be shown. This would include the nature trail contained
in the approved concept plan.
Applicant Response: Trails shown and labeled on Preliminary Plan.
41
10.Proposed streets, pavement or travel way widths shall be denoted as well as
typical roadway cross sections.
Applicant Response: Typical section added to Preliminary Plat.
11.Manmade features including houses and barns shall be shown in their
approximate location. If existing structures are to be removed or demolished,
provide a note.
Applicant Response: Existing improvements labeled as to be rermoved.
12.Need to provide open space calculations identifying total acreage in primary open
space and total acreage in secondary open space. Identify these areas on the
Preliminary Plan sheet.
Applicant Response: Open spaces areas listed and shown on Preliminary Plat.
13.Note required 100 ft. Type F Buffer along perimeter of subdivision.
Applicant Response: Per discussion with Planning, the 100' dimension is a no-
build setback and is shown on the plan. The landscape buffer is 50' as shown on
the plan.
14.All proposed parking shall meet standards of Section 6.9.10, Off Street Parking
Design Standards and Section 6.8.6(J), Landscaping of Vehicular Areas.
Applicant Response: This comment was added as a note on the Landscape Plan
because a few of the parking area layouts are subject to change. The overall
impervious surface will not increase.
15.Identify and label "Pedestrian Open Space Area".
Applicant Response: Shown and labeled.
16.Provide a note referencing recreational facilities payment in lieu fees shall be
paid towards R7 Bingham Park District before final plat approval.
Applicant Response: Note added to Preliminary Plat.
17.The preliminary plan shows a stub out from the cul-de-sac to the northern parcel
line. This is different than what was contained in the concept plan approved by
the BOCC in 2023. In addition, the existing gravel driveway proposed for fire
access appears to have been eliminated on the preliminary plan.
Applicant Response: The road was shortened to reduce proposed impervious
surface. The original intent & functionality of the approved plan has been
maintained by leaving the access easement (formerly a stub-out) in its original
location. The cul-de-sac was moved to intersect the access easement.
18.The approved concept plan included two parking areas, farm structures, mail
kiosk, and a pavilion. Please include on the preliminary plan.
Applicant Response: Mail kiosk, parking, pavilion and farm areas added to
Preliminary Plat.
19.The Preliminary Plan shall demonstrate compliance with the following approved
conditions for the Residential Conditional District.
a. Additional plantings will be added to the western property line of lot#34 to
screen the view from parcel PIN 9841-32-2556.
Applicant Response: Noted added to Preliminary Plat.
b. The site property line will be marked with signage that reads "DANGER,
NO TRESPASSING FARM EQUIPMENT IN USE" at lots 7 through 11 with
signage facing both directions.
Applicant Response: Noted added to Preliminary Plat.
c. The developer will install a fence with no trespassing signage along the
shared property line with tax parcel 9841-73-4586.
Applicant Response: Noted added to Preliminary Plat.
42
d. The developer will notify prospective property purchasers of the Eden
View Acres subdivision of the presence of a shooting range and
associated noise on the adjacent property, so long as that use continues.
Applicant Response: Noted added to Preliminary Plat.
e. The developer will notify prospective property purchasers that this is a
voluntary agriculture district.
Applicant Response: Noted added to Preliminary Plat.
Matt Taylor
Solid Waste Date: Staff: mtaylor(c_orangecountync.gov
919-918-4905
No comments received.
Stormwater Christopher Sandt
Management Date: 02/14/25 Staff: csandt(c�orangecountync.gov
919-245-2583
1. The project is located in the Cane Creek Protected Watershed Overlay District.
A Stormwater Management Plan (SMP) submittal is required if the proposed
Land-Disturbing Activity exceeds 43,560 square feet, or if the project is a
subdivision. The Land-Disturbing Activity threshold is cumulative to the parent
parcel (i.e., the original parcel boundary before subdividing) and will carry over to
any/all resulting subdivided parcels, regardless of development timelines or
ownership transitions for the subdivided parcels. Development activity
associated with a subdivision will almost certainly trigger the need for an SMP or
a Land Disturbance Permit (LDP) up front, in concurrence with the subdivision
process. Orange County advises the applicant to clearly relay this
information in writing to prospective buyers/builders.
Applicant Response: Noted, thank you.
Transportation Darlene Weaver
Services Date: Staff: dweaver(a)orangecountync.gov
919-245-2002
No comments received.
43
� ORANGE COUNTY GOVERNMENT
ORANGE TRANSPORTATION SERVICES DEPARTMENT 0
COU
xuxr t 1 c�NROLI N+.
OrangPUCounty
BLIC TP0.NSIT
TECHNICAL MEMORANDUM
TO: Taylor Perschau, Planning & Zoning Supervisor
FROM: Darlene Weaver, Transportation Planning Manager
DATE: February 24, 2025
SUBJECT: DAC Transportation Review: #SUB25-0018 (Eden View Acres)
The following memo summarizes Orange County Transportation Services' (OCTS) review
of application #SUB25-0018 (Eden View Acres).
Minor Regulated Subdivision OCTS analyzed the documents listed below in accordance
with the County Unified Development Ordinance (UDO) and all transportation policies,
programs, and plans:
1. Application
2. Plat
We offer the following assessment for the Development Advisory Committee's (DAC)
considerations.
Methodology:
The following resources are used, each with separate comments:
UDO.-
Currently,
DO:Currently, the UDO does not mention anything about sidewalks.
Orange County Complete Street Policy:
Request applicants provide opportunities for all travel modes, especially bike,
pedestrian, and transit. i.e., Sidewalks
Orange County Vision Zero Policy:
Request applicants provide opportunities for all travel modes, especially bike,
pedestrian, and transit. i.e., Sidewalks
Short-Range and Long-Range Transit Plans:
No Comment
All other Transportation Plans.-
No
lans.No Comment
Thank you very much for the opportunity to review and provide comments. Please forward
any questions and comments to Darlene Weaver at dweaver(a�orangecountync.gov.
600 Hwy 86 N - Hillsborough, North Carolina 27278
Phone (919)245-2008 - Fax(919)732-2137
44
ORANGE COUNTY
NORTH CAROLINA
PLANNING andINSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov I 131W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Christopher Sandt, PE — County Engineer, Planning & Inspections; and
Steve Kaltenbach, Erosion Control and Stormwater Manager
CC: Patrick Mallett, Deputy Director Development Services
DATE: February 5, 2025
CASE: SUB25-0018 — Major Flexible Subdivision
PINs: 9841-52-7281 and 9840-79-5091
WATERSHED: Cane Creek Protected (Cape Fear River Basin)
PROJECT: Eden View Acres
SUBJECT: Summary of Findings Regarding Conformance with Orange County
Unified Development Ordinance (UDO) for Erosion & Sedimentation
Control and Stormwater Management
This memo summarizes the Development Services Erosion Control and Stormwater
Management Division's (hereafter, the "Division's") assessment of the submitted
application for a Major Subdivision, submitted as the "Eden View Acres" project
(hereafter, the "project"). The project is located within 190.60 acres of property at 4901
Dairyland Road in the Bingham township of Orange County, North Carolina.
The request proposes a residential development consisting of:
■ 38 Single Family Homes
The Staff comments contained herein are based upon cursory review of a Preliminary
Plat submittal and a Preliminary Stormwater Narrative & Report, both sealed on February
6, 2025. These findings should not be interpreted as the Division's final analysis/approval
of the proposed development. Upon zoning approval, the proposed development would
then be required to submit a Land Disturbing Permit (LDP) which would formally review
and approve development activity consistent with the Site Plan.
Erosion & Sedimentation Control (E&SC):
According to current Orange County GIS imagery of the project parcel, there are two
mapped stream features within the project parcel boundaries. One of which is
hydrologically connected to pond that is also buffered. Orange County enforces stream
buffers along streams, rivers, water bodies, and other water features (e.g., wetlands) as
Page 1 of 2
45
outlined in Section 6.13 of the Orange County UDO. Based on the submitted materials
for the proposed development, the project could meet the basic Erosion and
Sedimentation Control requirements as outlined in Section 6.15 of the Orange County
UDO and could be developed as generally proposed. The proposal has a planned stream
crossing that will require an Army Corps PCN 404/401 application for the stream impact.
A copy of the Army Corps. determination needs to be sent to Orange County. A Buffer
Authorization Certificate (BAC) application submittal to Orange County is also required
for the stream buffer impact.
Stormwater Management:
The submitted materials indicate a level of development that could meet current UDO
requirements specific to stormwater management. The applicant has submitted a
Preliminary Stormwater Narrative & Report indicating that two (2) permanent Stormwater
Control Measure (SCM) structures will be constructed as part of the project to meet water
quantity requirements (i.e., post-development stormwater runoff attenuation). There are
no water quality requirements (i.e., post-development nutrient attenuation) currently
associated with the Watershed Overlay District within which the project is located. The
project will need to meet applicable stormwater management requirements as outlined in
Section 6.14 of the Orange County UDO and must be in general conformance with the
North Carolina Stormwater Design Manual (i.e., Minimum Design Criteria).
Conclusion:
The Division has No Objections to the approval of the Major Subdivision application so
long as a complete LDP application and supporting plans and calculations are submitted
to Orange County for review, processing, and approval prior to commencement of on-site
Land-Disturbing Activity. As the project progresses, additional field observations, and/or
permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental
Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or
additional Orange County review and permitting may apply beyond the proposed
development as shown with this rezoning request.
Digitally signed by Christopher J.Sandt,P.E.
P.E.
IN:cn=Christopher J.Sandt,P.E.,o=Orange County,North
Christopher J. Sandt, 1 Carolina,ou=Engineering Division,
email=csandt@orangecountync.gov,c=US
Date:2025.03.13 16:20:33-04'00'
Christopher Sandt, PE Date
. W � February 5, 2025
Steve Kaltenbach Date
Page 2 of 2
46
ORANGE GROyF
00
ORANGE GROVE VOLUNTEER FIRE COMPANY
FlRE DEPT•
February 28, 2025
Thomas R. Kagarise
Veteran Engineering Associates
PO Box 1625
Durham,NC 27702
To: Whom it may concern
Orange Grove Volunteer Fire Department serves as the primary fire/rescue provider to proposed
development Eden View Acres off Dairyland Road.
The purpose of this letter is to reference the proposed Eden View Acres major flexible subdivision
project, application number SUB25-0018.The proposed street grade by Veteran Engineering Associates,
Inc. is that 12 percent grade be allowed due to construction difficulties. Appendix D of the 2018 North
Carolina Fire Code section D103.2 Grade states fire apparatus access roads shall not exceed 10 percent
in grade;with the exception of grades steeper than 10 percent as approved by the fire chief.As Chief of
the Orange Grove Fire Department, I am allowing Veteran Engineering Associates, Inc.to exceed that 10
percent grade as referenced in section D103.2 of Appendix D of the 2018 North Carolina Fire Code by 2
percent to the total grade of 12 percent.
If you have any questions or need additional information,please contact me.
Si cerely,
Ricky Baer
Fire Chief, Orange Grove Volunteer Fire Company
Station# 919-967-5858 Cell# 843-251-5201
#�-- 47
4k ORANGE COUNTY
HEALTH DEPARTMENT
Improving health. Inspiring change.
MEMORANDUM
TO: Cy Stober, AICP — Director, Planning & Inspections Department
FROM: Victoria Hudson — Orange County Environmental Health Division
CC: Patrick Mallett— Deputy Director Development Services
DATE: March 17, 2025
CASE: SUB25-0018
PIN: 9841527281 AND 9840795091
WATERSHED: Cane Creek Protected
PROJECT: 38-lot Flexible Subdivision, Roads, and Open Space
SUBJECT: Summary of Plan Review by Orange County Environmental
Health Division
This memo summarizes the summarizes the findings of an Orange County
Environmental Health plan review of the application for a major flexible subdivision
submitted as the "Eden View Acres" project (hereafter, the "project"). The project is
located within 190.60 acres of property at 4901 Dairyland Road. The request
proposes development consisting of:
■ 38 lots
The Staff comments contained herein are based upon the submittal of a required
Site Plan, dated February 6, 2025, and made available on February 6, 2025.
These findings should not be interpreted as the Division's final analysis/approval of
the proposed development. Soil and site evaluations have not been conducted by
the Orange County Health Department, Environmental Health Division. The Health
Department's role in the Amendment is compliance to the Orange County Unified
Development Ordinance.
919 245 2360 > 131 West Margaret Lane, Suite 100 > Hillsborough, NC 27278 > orangecountync.gov
48
Environmental Health Conditions
X At this time, no application(s) have been received. Application(s) and fees
required.
X Improvement Permit(s) shall only be issued upon presentation of the exact
structure to be constructed.
X Permit(s) must be issued by the Orange County Health Department prior to any
alteration of the lot(s).
X Permit conditions may apply.
Existing EH records are attached.
Existing well and/or septic systems will be impacted.
Contact Public Water Supply for on-site water supply.
Other:
Conclusion:
EH has no objections to the approval of the zoning request so long as a the above
list is addressed to the Orange County Health Department for processing, and
issuance of Permits. This designation is not an Improvement Permit or Well Permit
and not approval for a septic system or on-site water supply. Additional field
observations and/or permitting by others may apply beyond the proposed
development as shown with this request. Please direct any questions or requests for
Laws, Rules, and policy to ehapplications(o)_orangecountync.gov.
Z &W
03-17-2025
Victoria Hudson, MPA, REHS Date
ORANGE COUNTY HEALTH DEPARTMENT
49
REFERENCE NUMBER DATEPIN MAP REFERENCE
H 153666 SOIL ANALYSIS 09. 03. 91 9841-70-1394 6. 14. . 7A
REOUESTEE: OWNER:
SNIPES GLADYS T SNIPES JIM HRS
DAIRYLAMD ROAD
HILLSBOROUGH NC 2757 RT 3
TELEPHONE:
942-1408 ��,7- � 3^ HILLSBOROUGH NC 27278
SPECIFICATIONS: T SIZE I ACREAGE: DESIGNATED WETLAND?
YES
TO SET UP SINGLE WIDE 3 BR A87. 4
NO
LOCATION/DIRECTIONS:
DAIRYLAND ROAD
FEE: RECEIPT: SIGNATURE OF OWNER OR AUTHORIZED AGENT:
70 025954
CONFIRMED BY PLANNER: PLANNER RATE CLERK
SLOPE TEXTURE - �_ STRUCTURE DEPTH_ DEPTH
R. HOR -- IN. DRAIN _ EX. DRAIN S PERMEAB _
OVERALL _
REMARKS;
vf •
s
3�
DATE _ _ EIVU HEALTH SIE _ __
_ SEE IMPORTANT INFORMATION ON THE REV SE SIDE
PERMIT INFORMATION 50
1. General Information-Contact Information
When contacting the Health Department concerning this document,be sure to know the reference number. This number must be used in all inquiries
and inspection requests.
No substantial changes or deviations from the information on the front of this document are allowed unless prior approval is obtained from the
Health Department.
The Environmental Health Staff is located at 306-0 Revere Road,Hillsborougb,11r.C.^The staff is available in this office or by telephonb,
Mon.-Fri.,8:00 AM-9:00 AM and 4:30 PM-5:00 PM. Messages can be left for the staff at the following numbers:
Hillsborough 732-8181, ext- 2360
Mebane 227-2031, ext. 2360
Durham 688-7331, ext. 2360
Chapel Hill 967-8251, ext. 2360
The issuance of the Improvements Permit in no way guarantees the issuance of other permits(e.g.Building Permits).
Septic tank contractors and well contractors are responsible for notifying the Health Department for final inspections.
II. Sewage Disposal Information
Water supply and sewage disposal facilities,location,installation and protection must meet state and/or local regulations.
The area approved for the installation of the sewage disposal system must be lett in an undisturbed state. Disturbance of this area may void permit.
Septic tank and nitrification line must be inspected and approved by a representative of the Orange County Health Department staff before any
portion of the installation is covered and/or put into use. {
This permit is only valid for structure listed for 5 years following date of issuance.
Septic tank should be pumped out every 3 to 5 years and shall be maintained in such a manner as not to create a public health hazard.
Nitrification line shall be installed with an undisturbed earth dam each 50 feet.
Each septic tank shall be installed with an access riser on the inlet end that extends to grade level.
A Certificate of Completion or issuance of a operations permit shall indicate the septic system has been constructed to the standards set forth
in the regulations,but shall in no way be taken as a guarantee that the system will function satisfactorily for any given period of time.
Ill. Water Supply Information
Well location, installation, and protection must meet state and local regulations and must be inspected and approved by a representative of the
Orange Country Health Department before any portion of the installation is put into use.
A well permit must be issued by the Orange County Health Department before construction of a well begins.
The Well Permit is valid for one year following date of issuance.
The siting of the well by the Health Department staff is to provide protection from known possible sources of contamination, No volume of water
is guaranteed at any site designated by the Health Department.
The well owner should pour a 41/2' x 41h' cement slab surrounding the well casing after the well contractor has completed the grouting of the
well. The well casing should be in the center of the slab.
IV. Minimum Distances`
A. Sewage Disposal Systems B. Private Wells'
1. Private water supplies 100' 1. Watertight sewer lines 50'
2. Public water supply sources 2. Ground absorption sewage
tributaries 100' disposal systems 100'
3. A-11 Streams 50' 3. Property lines 10'
4. lakes,ponds,impoundments 50' 4. Building foundations 50'
5. Building foundations 15'
6, Basements 15'
7. Property lines 10'
8. Embankments or cuts 15'
9. Water lines 10'
10. Swimming pools 25'
'Variances can be qiven on some distances; please call Health Department if you feel a variance is necessary.
'Add 2.5'for a low pressure pipe system.
ORANGE COUNTY HEALTH DEPARTMENT
51
REFERENCE NUMBER ! � /L � PIN NEAP REFERENCE•
a ` l
TELEPHONE:
S IRCATIQNS_ L n _ - LOT SIZE l ACaF�rEQ lL� //J TED YVEFLAND7
//vf C��, (►J°Il�'c!/-' `Fl• 7 / YES
NO
LO ON/01RECTIONS:
FEE: RECEIPT: SI NATURE OF OWNER!/ AUTHORIZED AGENT:
'70 Da�9.s
CONFIRMED BY PLANNER: PLANNER DATE CLERK
SEE IMPORTANT INFORMATION ON THE REVERSE SIDE
PERMIT INFORMATION 52
I. General Information-Contact Information
When contacting the Health Department concerning this document,be sure to know the reference number. This number must be used in all inquiries,
and inspection requests.
No substantial changes or deviations from the information on the front of this document are allowed pnless prior approval is obtained from the
Health,Department.
The Environmental Health Staff is located at 306-0 Revere Road, Hillsborough,N.C. The staff is available in this office or by telephone,
Mon.-Fri.,8:00 AM-9:00 AM and 4:30 PM-5:00 PM. Messages can be left for the staff at the following numbers:
Hillsborough 732-8181, ext. 2360
Mebane 227-2031, ext. 2360
Durham 688-7331, ext. 2360
Chapel Hill 967-9251, ext. 2360
The issuance of the Improvements Permit in no way guarantees the issuance of other permits(e.g.Building Permits).
Septic tank contractors and well contractors are responsible for notifying the Health Department for final inspections.
11. Sewage Disposal Information
Water supply and sewage disposal facilities,location,installation ana protection must meet state and/or local regulations.
The area approved for the installation of the sewage disposal system must be lett in an undisturbed state. Disturbance of this area may void permit.
Septic tank and nitrification line must be inspected and approved by a representative of the Orange County Health Department staff before any
portion of the installation is covered and/or put into use.
This permit is only valid for structure listed for 5 years following date of issuance.
Septic tank should be pumped out every 3 to 5 years and shall be maintained in such a manner as not to create a public health hazard.
Nitrification line shall be installed with an undisturbed earth dam each 50 feet.
Each septic tank shall be installed with an access riser on the inlet and that extends to grade level.
A Certificate of Completion or issuance of a operations permit shall indicate the septic system has been constructed to the standards set forth
in the regulations, but shall in no way be taken as a guarantee that the system will function satisfactorily for any given period of time.
Ill. Water Supply Information
Well location, installation, and protection must meet state and local regulations and must be inspected and approved by a representative of the
Orange County Health Department before any portion of the installation is put into use.
A well permit must be issued by the Orange County Health Department before construction of a well begins.
The Well Permit is valid for one year following date of issuance.
The siting of the well by the Health Department staff is to provide protection from known possible sources of contamination. No volume of water
is guaranteed at any site designated by the Health Department.
The well owner should pour a 41/2' x 41/2' cement slab surrounding the well casing after the well contractor has completed the grouting of the
well. The well casing should be in the center of the slab.
IV. Minimum Distances'
A. Sewage Disposal Systems B. Private Wells'
1. Private water supplies 100' 1. Watertight sewer lines 50'
2. Public water supply sources 2. Ground absorption sewage
tributaries 100' disposal systems 100'
3. A-11 Streams 50, 3. Property lines 10'
4. Lakes,ponds,impoundments 50' 4. Building foundations 50'
5. Building foundations 15'
6. Basements 15'
7. Property lines 10'
8. Embankments or cuts 15'
9. Water lines 10'
10. Swimming pools 25'
'Variances can be given on some distances: please call Health Department if you feel a variance is necessary.
'Add 2.5'for a low pressure pipe system.
Y
tG�
53
ORANGE COUNTY HEALTH DEPARTMENT Improvements Permit Date: g a Township: 1:A16
Owner: 111 L, j 2 Tax Map Na:
IT
Location:T)N ' P, 1) Block: Lot No: IA
Contractor: Water. Su 1 Private Public Community
Sewage disposal facilities: No. Bedrooms: Clothes Washer Garba e-D �posal • Dishwasher
An
Size tank: DCO --At r `Ttljo
�-vl�� Nitrification line with undisturbed earth clam each 50 feet
Other disposal facility: 'r I �. �
Water supply and sewage disposal facilities location, installation and protection must meet state and local
regulations. Septic tank should be pumped out every 3 to 5 years and shall be maintained by owner in such a manner
as not to create a public health hazard. Septic tank and nitrification line MUST BE INSPECTED AND APPROVED BY A
MEMBER g JE O. GE COUNTY HEALTH DEPARTMENT STAFF BEFORE ANY PORTION OF THE INSTALLATION IS COVERED AND PUT INTO USE.
THIS PER IT IS Y fVALID FOR STRUCTURE LISTED- FOR -3•YEARS FOLLOWING DATE OF I SUANCE.
Signed.:
Countersigned: ] 1 /
' Sanitarian n � ) . w r epresentative
Certificate of Completion) Date approved: "[ {� By:
MOM
Sani arian
Remarks:
GRID SPACE:
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ORANGE COUNTY HEALTH OE'r ART:`ZNT
W-ORK ORDER TOWNSHIP '
TAX P%P
' aLOcc�
LOT #
VAi-E OF PRCFE'ir TY MINER: .
PERSON R£CUESTI�iG TEBT.
If different. franc owner - authorized by owner: YES
ADDRESS: �2 .4Fv " Z,�� �-1 -go
TELEPI�QNE:
DIRECTION%PROPVM OESC.RIPTICN �.�
WORK REgUESTED: FEE PAM:
PRELISLNIARY LOT E-VALUATIMN
SOIL ANALYSIS
111PROVDiENT PERMIT 0SPECTICN
Sal CERTIFICATION OF COMPLETION LNSPECTI N'
PURPOSE OF REOUEST is to determine suitability for graund ab=rptinn sewage c s-
- pawl system.
SFECIFiCATION OF PROPOSED STRUCTURE:
MINER OF AUTHORIZED AGECNT.
This. signature indicates permission has been granted to enter property gar
purposes authorized by this work order. )
CLASSIFICATION OF SOIL FACTORS (CIRCLE) :
SLOPE P5 TEXTURE PS STRUCTUREPS OEPTH 405 REaiRICTI��c RI7�.. ?g
ORA INAGE PS PEn;•tEA8SLY T YP: GCx>>
SITE CLASSIFICATION' (CIRCLE)
SUITABLE U'NSUITA6LE Exp i anation:
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58
WORK ORDER DATE - Z':5__
WELL APPLICATION-WELL PERMIT / p PAID FEE
Property Owner r.GGc.Li 6'?o Location/Direction:
Person Requesting: , ,�y, � � Address d - Telephone No. - 7
(If different from owner - authorized by owner: YES NO
TOWNSHIP TAX MAP NO. BLOCK: LOT: TYPE WELL: ��_L '�
WELL CONTRACTOR G N)7U STATE REG. NO. ADDRESS
OWNER OR AUTHORIZED AGENT: l~ r\ r\
(This signature indicates pernflssion ha een granted to enter p' e y fo ur s authorized by this work
Nrd
Signed: DATE:
11 S itarian
WELL LOCATION, INSTALLATION, AND PROTECTION MUST MEET STATE AND LOCAL REGULATIONS A ST BE INSPECTED AND APPROVED BY
A MEMBER OF THE ORANGE COUNTY HEALTH DEPARTMENT STAFF BEFORE ANY PORTION OF THE IST LATION IS PUT INTO USE. THIS
7,�
PERMIT IS VALID FOR ONE (1) YEAR FOLLOWING DATE OF ISSUANCE.
COMPLETION INFORMATION
Well size: l(J�E) Well Depth: �5 Casing depth:, :5 Grou ing pth ?91—T.Vpe' Grouting:
Well Yield: G.P.M. Static water level: CS Date Comp e e
"Driller on site: Approved by: Date:
S ari /
GRID SPACE
136 12-9- D v �
Attachment 5 59
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co"STRucnoN 'ENUN._RGVA,
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UDO IO BE PROVIDED.PE �NGA RA 5 LDOCUMENTATION,TO BE APPROVED eROLOVER COMMON AREAi AND fACILI0E5. / 9PACE
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5 PROVIDED,PENDING APPROVAL. SIIBSEGUENi PLAT85UBMInEO FOR PROJECT,PENDING APPROVAL. ftIMaRV 89ECONeARY \ / STREAM
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C1.1
Attachment 8 60
Ordinance#: ORD-2023-020
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by Daniel
Jewell (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as
established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and
WHEREAS, this petition seeks to rezone 190 fl- acres (PIN 9841-52-7281, 9840-79-5091)
from AR (Agricultural Residential) to R--CD (Residential Conditional District) for the purposes of
a residential development,; and
WHEREAS, the Applicant has voluntarily chosen to establish development and land use
limitations on the Project to address potential conflicts with surrounding properties; and
WHEREAS, the petition has been submitted with a site plan in accordance with the
provisions of Section 2.9.1 (C) of the UDO; and
WHEREAS, the requirements of Section 2.8 and 2.9 of the UDO have been deemed
complete; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonably necessary to promote the public health, safety, and general welfare; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent
with the adopted 2030 Comprehensive Plan and reasonable and in the public interest.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Zoning Atlas is hereby amended to rezone the aforementioned parcels to R—CD (Residential
Conditional District), as detailed within the submitted application.
BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.1 (F) of the UDO the
approval of this Conditional Zoning application is subject to the following mutually agreed to
conditions:
A. Application: Project shall be completed as presented in approved site plan/application
packet;
B. The uses on the farm and associated permanent conservation areas will be limited to
only those uses that are currently allowed on existing farms in the Orange Grove
Community as of the date of approval;
C. Additional plantings will be added to the western property line of lot#34 to screen the
view from parcel PIN 9841-32-2556,
D. The site property line will be marked with signage that reads "DANGER, NO
TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage
facing both directions;
E. The developer will install a fence with no trespassing signage along the shared
property line with tax parcel 9841-73-4586;
61
F. The developer will notify prospective property purchasers of the Eden View Acres
subdivision of the presence of a shooting range and associated noise on the adjacent
property, so long as that use continues;
G. The developer will notify prospective property purchasers that this is a voluntary
agriculture district.
H. The developer will minimize spillover and night sky illumination within the NCDOT
right-of-way to the extent permitted by NCDOT.
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 �C�,'C-o seconded by Co T
missioner
the foregoing ordinance was adopted this day of
, 2023.
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 '" 2023 as relates in any way to the adoption of
the foregoing and that said proceedings are recorded in the minutes o{f�the
-said Board_
WITNESS my hand and the seal of said County, this day of 2023.
SE ��4
- Clerk to the Board of Commissioners
urtt; �,�t4
Attachment 6 62
1 MEETING MINUTES
2 Excerpt of Minutes ORANGE COUNTY PLANNING BOARD
3 APRIL 9,2025
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Lamar Proctor(Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough Township,
7 Meg Millard, Little River Township Representative; Statler Gilfillen, Eno Township Representative;
8 Beth Bronson,At-Large Representative; Charity Kirk,At-Large Representative;Whitney Watson,
9 At-Large Representative; Steve Kaufmann, Bingham Township Representative; Liz Kalies, Chapel
10 Hill Township Representative;Venkat Yendapalli, Cedar Grove Township Representative;Jonah
11 Garson,At-Large Representative.
12
13 MEMBERS ABSENT: Delores Bailey,At-Large Representative.
14
15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director—Long Range Planning
16 &Administration; Patrick Mallett, Deputy Director—Development Services;Taylor Perschau,
17 Manager—Current Planning;Ashley Moncado, Planner III; Lauren Honeycutt, Planner Il; Jack
18 Moran, Planning Technician.
19
20 OTHERS PRESENT: Adam Beeman, Patrick Florence, Keith Brown, Ken Redfoot, Dan Jewell, Justin Chandler, M.
21 Coulter, Betsi Snipes, Dan Snipes.
22
23 ******
24
25 AGENDA ITEM 9: MAJOR SUBDIVISION PRELIMINARY PLAT: MAJOR SUBDIVISION PRELIMINARY PLAT: To
26 review and make a recommendation to the BOCC on a Preliminary Plat application for a Major
27 Subdivision named Eden View Acres. The Plat is consistent with the Concept Plan reviewed
28 and approved by the BOCC as the site-specific plan of a Residential Conditional District(R-CD)
29 rezoning application on May 2,2023. The proposal is for a 38-lot subdivision on approximately
30 190.6 acres with 40% (76.27 acres)of dedicated open space. The parcel is located at 4801 and
31 4901 Dairyland Road in the Bingham Township, PINs 9841-52-7281 and 9840-79-5091.
32 Lamar Proctor: All right. Number 9, major subdivision preliminary plat. Ashley, again.
33
34 Ashley Moncado: This is the last item for tonight. It's for the Board to review a preliminary plat for a major
35 subdivision on approximately 190 acres in the Bingham Township, also known as Eden View
36 Acres. The subdivision's concept plan was previously reviewed and recommended for approval
37 by the Planning Board in April 2023 as part of the site-specific plan of a Residential Conditional
38 District rezoning application. The rezoning and concept plan was approved by the Board of
39 County Commissioners on May 2nd, 2023. The parcel is zoned as R-CD which allows for the
40 residential development. The parcel is located within the Cane Creek Protected Watershed north
41 of Dairyland Road and east of Orange Grove Road. Surrounding parcels are zoned as AR and
42 include undeveloped parcels and single-family homes. The majority of the site is undeveloped.
43 Based on the future land use map, this parcel is classified as Agricultural Residential. The
44 applicant is proposing a flexible major subdivision including 38 lots to be developed over the
45 course of four phases. The average lot size is 2.75 acres. Based on the conservation cluster
46 flexible development option, applicants are required to provide a minimum of 33 percent open
47 space. The applicant is proposing 40 percent open space which is about 76.7 acres. The primary
48 open space totals 25.29 acres and includes environmental features including streams and
49 required buffers. Secondary open space totals 50.98 acres. Here is the preliminary plat in front of
50 you. I know again, this probably is really hard to see. The site does include a couple steams.
51 They are indicated here as well as their buffers and these other primary open space areas. A 50-
52 feet landscape buffer is provided along the perimeter of the subdivision. Access to the site is
53 proposed with a 50-foot public right of way. It comes up and then splits and ends into cul-de-sacs.
63
54 The final roadway design will be determined at final plat stage with the approval of Planning,
55 NCDOT, and the Fire Marshall. There is also an existing dirt road or access way along the
56 northern portion of the parcel,which will connect back to Orange Grove Road and provide access
57 for emergency vehicles. Lots are to be served by private well and septic. The required NIM for
58 this project was held as part of the rezoning and concept plan process in March 2023. The
59 concept plan was approved as part of the rezoning application by the BOCC in May of 2023.
60 Tonight,the Planning Board shall review the preliminary plat and make a recommendation to the
61 BOCC who will review and consider it at their June 3rd meeting.The Planning Director
62 recommends the Board receive the preliminary plan application and recommend its approval of
63 the preliminary plat as submitted.
64
65 Dan Jewell: Thank you,Ashley. Good evening, Chair Proctor and members of the Planning Board. I'm Dan
66 Jewell, a landscape architect with Thomas and Hutton. We are the land planners, landscape
67 architects on this project. I don't have a presentation. I'd simply like to remind you all that you're
68 looking tonight at the exact same project that you recommended consistency of 2 years ago. The
69 difference is today that the process required additional refinement of road widths and storm water
70 management which we will be doing things of that nature. We've been dealing with the state
71 DEQ. We've been dealing with the U.S.Army Corps of Engineers. We've had a lot of meetings
72 with NCDOT to get the roadways worked out,with the Fire Marshall to make sure that we meet all
73 the requirements for gradient and turn around and things of that nature. Again, as Ashley said,
74 40 percent open space we think is rather exemplary. I think this will be a good benchmark for
75 similar projects in the future to try and hit in terms of doing a conservation subdivision. Other than
76 that here to answer any questions you might have and looking forward to a positive
77 recommendation to the commissioners. Thank you.
78
79 Lamar Proctor: Thank you, and one preliminary questions for, I guess for Cy or Perdita is, this review of the
80 preliminary plat,we talked about taking that out of the review process. Right?
81
82 Cy Stober: We've actually been directed by the commissioners to make this an administrative process.
83
84 Lamar Proctor: Okay.And then will there be another review of a final plat that will come before us on the same
85 project.
86
87 Cy Stober: Very likely unless the UDO is amended to make that an administrative approval.
88
89 Ashley Moncado: Staff review the final plat.
90
91 Cy Stober: Unless there's any dedications associated with the final plat. Thank you,Ashley.
92
93 Lamar Proctor: Okay. Just to give everyone the background about previous discussions.
94
95 Ashley Moncado: Just to clarify too,when the preliminary plat goes to the BOCC,they do have resolution of
96 approval. Things are in there that's what we use for the final plat review. It references
97 landscaping, impervious surface.
98
99 Lamar Proctor: All right. Meg any discussion or questions from the applicant?
100
101 Meg Millard: I did. I was curious about the phasing in plan. How the road would sort of expand. It wasn't very
102 clear.
103
104 Dan Jewell: Could you explain that in a little more detail?
105
106 Meg Millard: Well, it seemed like that there were some conditions within NCDOT about, I guess you were going
107 to build part of it first and then another part and then so would it eventually be an NCDOT road?
108
64
109 Dan Jewell: Yes, I understand now. Thank you. Yes,the roads will all be designed to NCDOT standards with
110 the intent of once there are enough people living on these roads that they would be submitted to
111 NCDOT for roadway maintenance. The detail I think that you're responding to is there's some
112 fairly new guidance to NCDOT about turn arounds at the end of each phase. In other words we
113 don't anticipate building all of the roads at one time, and if we stop,say the main road, a third of
114 the way in, half way in, DOT will require us to build a temporary turnaround of some kind so that
115 cars and emergency vehicles had turn around. Does that help answer the question?
116
117 Meg Millard: Oh, okay.
118
119 Dan Jewel: Yes,thank you.
120
121 Lamar Proctor: All right. Beth?
122
123 Beth Bronson: I think that was pretty much the only questions I had as far as like there's only one entrance and
124 exit for the actual residence of the parcel.
125
126 Ashley Moncado: Yes,you're correct. The public would be using the main access up Dairyland Road. The
127 secondary access to Orange Grove Road is just for emergency services, and I believe it will be
128 gated.
129
130 Beth Bronson: Yeah, and it's not going to be paved. Right?
131
132 Ashley Moncado: Correct. No, it will not be paved.
133
134 Beth Bronson: Okay.
135
136 Ashley Moncado: But it will,working with the Fire Marshall to make sure that it's meeting NC Fire Code standards.
137
138 Beth Bronson: I'm just trying to understand why the discussion with the review committee didn't,why the
139 entrance wouldn't be on Orange Grove Church Road versus Dairyland Road just given, and this is
140 not official language, but it's a better road, it's a more usable road than Dairyland. Dairyland being
141 like a rural road.
142
143 Dan Jewell: Great question. Because you look at it and say well this is maybe a better road, but if you go out
144 there and drive it, Orange Grove goes up and down and up and down. There's something called
145 sight distance. If that was the regular driveway, other cars on the road might not be able to see
146 far enough ahead that somebody was pulling out or vice a versa. It's a safety issue.
147
148 Lamar Proctor: All right. Whitney?
149
150 Whitney Watson: No question.
151
152 Lamar Proctor: Statler?
153
154 Statler Gilfillen: Quick question. What is the estimated given per unit per property,value range of the real estate?
155
156 Dan Jewell: That's a good question. I do not know. These will not be inexpensive houses on large lots, but
157 you know if somebody can tell me what lumber will cost and asphalt will cost and that sort of thing
158 as it gets built, I'll probably have a better estimation. One of the things that we have done though,
159 and this is a condition that was made with the County Commissioners is that we have impervious
160 surface limitations, but we have said that we will assign additional impervious surface to those lots
161 where people want to do an accessory dwelling unit,which we think is also a good gesture to get
162 a little mixed housing in the neighborhood.
163
65
164 Statler Gilfillen: What is a rough range? Half a million to a million and a half range? Somewhere in that? No
165 idea?
166
167 Dan Jewell: No, no idea.
168
169 Whitney Watson: I do have one question.
170
171 Lamar Proctor: All right.
172
173 Whitney Watson: When you did the initial presentation at the Neighborhood Information Meeting there was quite an
174 extensive architectural review packet. Is that still in place for this?
175
176 Dan Jewell: Yes, sir. Yeah,that, that's a requirement that we have those documents in place as part of this
177 process.
178
179 Cy Stober: I need to intervene just to say state law prohibits the county for regulating the architecture of any
180 dwelling that is subject to the residential building code. The architectural standards apply to all the
181 non-residential components,the amenities essentially, and that will be shared by the community.
182 The HOA may have architectural standards, but the county doesn't impose those on the home
183 themselves.
184
185 Lamar Proctor: All right. Thank you. I don't have any questions. I mean just to remind myself and the other
186 Board members. We already went through the conditional zoning process for this, so this is just
187 an administrative approval of preliminary plat.
188
189 Chris Johnston: No questions.
190
191 Charity Kirk: No questions.
192
193 Venkat Yendapalli: Me neither.
194
195 Jonah Garson: No.
196
197 Beth Bronson: I have one, sorry. I have one last question, because it reminded me of what we talked about last
198 time. I know we have no control over the land management, but in the covenants,you had
199 described that it would be the onus of the property owners to maintain that 40 percent open
200 space,and I didn't know if that had been updated or added to or clarified at any point.
201
202 Dan Jewell: That is correct. The open space will be maintained through the homeowner's association.
203 Correct.
204
205 Beth Bronson: Okay.
206
207 Lamar Proctor: All right. Any other questions, comments,discussion? All right. I'll entertain a motion to approve
208 the preliminary plat as recommended to the Board of County Commissioners.
209
210 Chris Johnston: So motioned.
211
212 Statler Gilfillen: I'll second.
213
214 MOTION BY Chris Johnston to approve the preliminary plat. Seconded by Statler Gilfillen
215
216 MOTION PASSED UNANIMOUSLY
217
66
218 Lamar Proctor: All right. All in favor? Any opposed? Seeing none opposed it shall be recommended to the
219 Board of County Commissioners.
220
221 AGENDA ITEM 11: ADJOURNMENT
222
223 Lamar Proctor: Do I have a motion to adjourn?
224
225 Statler Gilfillen: I'll so move.
226
227 Beth Bronson: Second.
228
229 MOTION BY Statler Gilfillen to adjourn. Seconded by Beth Bronson
230
231 ******
67
Attachment 7
Resolution #: RES-2025-028
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Date: June 3, 2025
Name of Subdivision: Eden View Acres
Owner/Applicant: Daniel and Elizabeth Snipes
6602 Orange Grove Rd.
Hillsborough, NC, 27278
Consultants/Agent(s): Daniel Jewell
111 West Main Street,
Durham, NC, 27701
The Board of County Commissioners hereby approves the Eden View Acres Preliminary
Subdivision Plat, dated January 16, 2025, containing the following:
• 38 lots for single-family residential development with a density of one (1) dwelling
unit per every 2.75 acres of land area;
• Two paved public roadways, tentatively named "Eden View Way" and "Bildan
Way" constructed to North Carolina Department of Transportation (NCDOT)
public road standards;
• The preservation of 76.27 acres of Primary and Secondary open space, as
denoted on the Preliminary Plat; and
• A 50-foot wide landscape buffer along the perimeter of the subdivision.
Per the Orange County Unified Development Ordinance (UDO), the applicant shall
construct, maintain and/or improve all Common Open Space areas until such time as it
is accepted for ownership and maintenance by a recorded Homeowner's Association
(HOA).
Before a Final Plat of part or all of the lots in Eden View Acres can be approved by the
Planning Department and recorded within the Orange County Registrar of Deeds office
the following conditions shall be addressed:
A. Pre-Construction Conference
1. Prior to any demolition or construction activity on the site the applicant
shall hold a pre-construction conference with the relevant County and
NCDOT staff. The meeting shall detail the relevant approved permits and
plans, including the items reflected in this Resolution.
B. Declaration of Restrictions
1. The owner/applicant shall author a Declaration of Restrictions (hereafter
68
`the document') establishing and describing the various development
restrictions, standards, conditions, and requirements associated with
development of, and within, the project.
The document shall be recorded concurrently with the Final Plat and
approved, as to form and content, by Planning Staff and the County
Attorney.
2. The document is not intended to serve, supplant, or take the place of any
document recorded by the applicant establishing local homeowner
covenants, or deed restrictions enforced by either the applicant or an
established homeowners association.
C. Environmental Health Compliance
1. Each residential lot shall comply with wastewater and water design and
performance standards, as reviewed and permitted by the Orange County
Division of Environmental Health. The well and septic system locations
may restrict the size and location of construction on the lots.
Each lot that does not contain a suitable building site shall be designated
both on the Final Plat and by instrument recorded in the Orange County
Register of Deeds as restricted for development potential as set forth in
the UDO.
2. The owner/applicant shall not destroy trees located within identified land
use buffers, stream buffers, open space areas, or tree protection areas
denoted on the Final Plat for the installation of on-site waste disposal
system drain or repair fields.
3. The Owners shall include in the restrictive covenants provisions requiring
each lot owner to have the septic system serving their lot inspected by a
licensee of the North Carolina On-Site Wastewater Contractors and
Inspectors Certification Board, who is properly registered to perform such
inspections within Orange County, no less than one (1) time in every five
(5) year period (unless inspections are required more often by rule or
regulation of the Orange County Health Department) and to have the
system pumped if recommended by the inspector.
Payment for the inspections required under this condition shall be the
responsibility of the individual lot owner or the homeowner's association
as established by the governing Homeowner's Association declaration.
These provisions shall be in a form approved by the County Attorney.
D. Roads and Access
1. Eden View Way and Bildan Way shall be constructed to the standards of
the NCDOT in accordance with the approved Preliminary Plat.
Each public roadway, as well as the proposed stormwater management
system, shall be located within a minimum 50-foot right-of-way, with 5-foot
utility easements on each side. Construction shall be inspected and
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approved by NCDOT.
OR
A letter of credit or escrow agreement shall be submitted to secure
construction of the aforementioned roadways to the standards of the North
Carolina Department of Transportation in accordance with the provisions
of the UDO.
Any posted financial guarantee(s) for road construction will not be
released until the roads are inspected and approved by NCDOT.
2. Prior to any construction or alteration of any existing access within the
right-of-way of Dairyland Road, the owner/applicant shall secure a
driveway permit from the NCDOT District Office and submit a copy of the
NCDOT-approved permit and NCDOT approval letter to the Planning
Department before Planning Department signatures are affixed on the
Final Plat, whichever is first.
3. No driveway access for any of the lots shall be permitted off of Dairyland
Road. All lots shall receive access from the above public roads.
G. Land Use Buffers and Landscaping
1. The 50-foot-wide land use buffer along the perimeter of the subdivision, as
identified on the approved Preliminary Plat. These buffers shall be
maintained and/or preserved in perpetuity in accordance with the
provisions of Section 6.8 of the UDO. The document, as well as any local
covenants, shall require the applicant or future homeowners association to
preserve the required land use buffer.
2. Trees within the tree protection area(s) denoted on the approved
Preliminary Plat shall be preserved as proposed by the applicant and in
accordance with the preservation standards detailed in the LIDO.
3. Provision for protection of existing trees shall be included in the Final Plat,
as well as the recorded Declaration of Restrictions.
4. Clear cutting or other removal of any trees or other vegetation on
individual lots is prohibited as specified within the UDO shall be an explicit
requirement of the subdivision's recorded Declaration of Restrictions and
the Final Plat.
H. Parkland
1. At the time of recordation of the Final Plat, the applicant shall pay to
Orange County $17,290.00 ($455.00 per 38 lots) payment-in-lieu-of-
parkland dedication fee, as required by the UDO.
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plat for Eden View Acres is approved in
accordance with the above mentioned conditions and attached Preliminary Plat dated
January 16, 2025.
Upon motion of Commissioner seconded by Commissioner
, the foregoing resolution was adopted this the day of
2025.
I, Laura Jensen, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on , 2025 as relates
in any way to the adoption of the foregoing and that said proceedings are recorded in
Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of 2025.
Clerk to the Board of Commissioners