HomeMy WebLinkAboutOTHER-2025-092-Statement of Consistency of a Proposed Zoning Atlas Map Amendment 071k�ez -o`Zo 'dS - b�ld � Iv � -1 � ea5-
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant- initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as
follows :
Parcel Owner of
Identification Township Current Zoning Proposed Zoning
Number (PIN ) Record
Carolyn R- 1 ( Rural Residential ) R- CD ( Residential
9749-42 -2010 Bingham ( Not in a Water Supply
Rigsbee Watershed ) Conditional District)
The Board of County Commissioners hereby finds :
a . The requirements of Section 2 . 8 Zoning Atlas and Unified Development Ordinance
Amendments and 2 . 9 . 1 Conditional Districts of the Orange County Unified Development
Ordinance ( UDO ) have been reviewed and , in addition to the standards of the UDO on
the date of approval , the following conditions have been deemed acceptable :
1 . The subject property shall be developed generally in accordance with the
proposed site plan submitted as a part of this application ("Site Plan " ) featuring
no more than 43 lots , no less than 25 acres of dedicated open space and at
least 5 , 600 linear feet of dedicated private trails , all as described below .
2 . All streets not offered to NCDOT as public streets shall meet the design
requirements of Class A Private Roads , provided that , private street rights -of-
way shall permit the encroachment of kiosks , raingardens , bioretention areas ,
trails , parking , gathering spaces , play areas and other similar improvements
designed to serve the neighborhood . No such encroachment shall extend into a
Travel -Way , which shall be at least eighteen feet ( 18 ' ) wide and constructed of
compacted gravel of pavement .
3 . The minimum lot size shall be 20 , 000 square feet . This deviates from the
minimum in UDO Section 3 . 8 . Suitable septic shall be provided on each parcel .
4 . No home shall be constructed on the subject property with more than four (4 )
bedrooms .
5 . A decorative well house shall be installed over the well head within the general
area designated as " 100 ' well radius " on the Site Plan . The well house shall be
designed to incorporate elements of the existing Rigsbee farmhouse located on
Highway 54 by utilizing white siding as the primary material on the exterior walls
and black accents such door color or light fixture color . A photo of the existing
Rigsbee farmhouse is attached hereto as Exhibit Awl . An example of a well
house that meets the requirements of this condition is attached as Exhibit A =2 .
6 . The mail kiosk shall be designed to complement the existing Rigsbee farmhouse
located on Highway 54 by continuing the white color for the exterior elements .
The mail kiosk shall incorporate a weather covering with recessed lighting and
shall include at least two (2 ) benches and at least one ( 1 ) trash can . An example
of a mail kiosk that meets the requirements of this condition is attached as
Exhibit B .
7 . At least 5 , 600 linear feet of private trails shall be installed as shown on the Site
Plan with precise trail locations to be determined at subdivision plat . Trail
surfaces shall be natural ( earthen ) , mulch , wood chip , gravel , or crushed stone .
No asphalt or pavement shall be permitted . Trail amenities shall include at least
three ( 3 ) benches located along the trail and at least (4 ) signs providing
scientific information about the flora and fauna found on the subject property
with picture or other images .
8 . No less than 25 acres of Open Space areas shown on the Site Plan shall
collectively include a total of:
a . one ( 1 ) covered , open air structure similar to those shown on the attached
Exhibit C in the general area identified as the " Community Building
Structure " on the Site Plan .
9 . Individual septic systems meeting Orange County requirements and designed to
serve homes with four (4 ) bedrooms shall be provided on each residential lot .
10 . Subject to NCDOT approval , the property owner shall provide a right- hand turn
lane ( deceleration ) and a left- hand turn lane ( center lane ) into the property
entrance on Highway 54 meeting NCDOT standards .
b . Pursuant to Sections 1 . 1 . 5 Statement of Intent - Amendments , and 1 . 1 . 7 Conformance
with Adopted Plans of the UDO and to Section 160M04 (d ) Planning Board review and
comment — Plan Consistency and 160D -605 ( a ) Governing Board Statement — Plan
Consistency of the North Carolina General Statutes , the Board finds sufficient
documentation within the record denoting that the amendment is consistent with the
adopted 2030 Comprehensive Plan . The application , including the site -specific plan and
the proposed conditions , is reasonable and in the public interest because it furthers the
goals of the 2030 Comprehensive Plan .
The proposed R- CD ( Residential Conditional District) zoning district to allow for single -
family dwellings is consistent with the Rural Community Activity Node Land Use
Classification of the 2030 Comprehensive Plan . According to Appendix F , the proposed R
CD zoning district is consistent with the Rural Community Activity Node land use
classification , defined as " land focused on designated road intersections which serves as
a nodal crossroads for the surrounding rural community and is an appropriate location for
any of the following uses : church , fire station , small post office , school , or other similar
institutional uses and one or more commercial uses . " Eligible zoning districts in the Rural
Community Activity node future land use classification include R-CD ( Residential
Conditional District) .
A conditional zoning district is required to permit Major Subdivisions of 21 lots or more ,
allowing for legislative review of the proposed site plan by the Planning Board and Board
of County Commissioners to assess its suitability and apply site-specific conditions to
ensure any unique aspects of the project not captured within typical development
standards are met . Any site development will be subject to standards from the Orange
County LIDO through the Major Subdivision process and Residential Building Permit
review . Land use is limited to the site plan approved with the Conditional District in order
to minimize negative impacts and ensure development remains compatible with
surrounding uses of single-family residential and small commercial uses .
The site -specific plan presented for the proposed zoning atlas amendment proposes 43
lots using individual septic tanks and a community well , 25 . 11 acres of dedicated open
space , and amenities including a dedicated natural trails system . Any future development
will be subject to regulation under the County' s stormwater and stream buffer regulations .
The parcel contains floodway , streams , Special Flood Hazard Area ( 100 Year Floodplain ) ,
500 Year Floodplain . Future development is not proposed to impact these features .
The proposed lot count for the future subdivision does not exceed the maximum density
permitted by the density regulations in the LIDO (43 lots on 61 acres = 0 . 70 dwelling units
per acre ) . The applicant proposes a Flexible Subdivision following the Conservation
Cluster model , which concentrates the development outside of environmentally sensitive
areas . This development pattern is consistent with the 2030 Comprehensive Plan ' s stated
goals , with considerations that balance the dedication of Common Open Space and
minimized environmental impacts with the goal of creating housing . Common Open Space
is proposed on 25 . 11 acres , or 41 . 11 % of the parcel subject to rezoning . This open space
is divided between Primary Open Space , which is undisturbed areas including water
features and tree preservation areas , and Secondary Open Space , which provides
outdoor recreational amenities , such as unpaved walking trails for residents . Both
considerations prioritize the preservation of valuable existing site features and ensure
development is clustered outside of these sensitive areas .
The applicant provided an Environmental Assessment as part of the application package .
County staff has reviewed and determined no significant environmental impact is expected
from this project based on existing conditions . The proposed Conservation Cluster
Flexible Development Subdivision has taken the identified environmental features into
consideration in its design and construction commitments to minimize negative impacts .
Environmentally sensitive features have been preserved in dedicated open space and or
committed landscaping .
The applicant has stated a commitment to ensuring that the rural and historic character of
the community is incorporated into the design of the neighborhood and architecture of the
shared amenities . Exhibits addressing rural and historic character are included in the
conditions offered by the applicant .
The applicant also has volunteered to make turn lane improvements on NC 54 , including a
northbound right turn lane and a southbound center left turn lane to provide for access to
the subdivision ' s driveway entrance . These improvements would require approval ,
permitting , and engineer review by NCDOT , which has regulatory authority on NC 54 .
These improvements are being made even though the applicant ' s own traffic analysis
demonstrated that their new homes will not adversely affect the traffic and safety
conditions on NC 54 . Rather , this improvement was volunteered in response to public
concerns , including those of the Volunteer Fire Chief, who was satisfied with the proposed
condition .
The future land use proposed through the Conditional District rezoning ' s binding site plan
adheres to the density of rural development reflected in the surrounding area ' s residential
land use patterns , with an overall density of 1 dwelling unit per 1 . 42 acres , not including
the property owner' s future parcel . It achieves this by concentrating lots to protect the
more sensitive areas of the land from development , respecting the rural character and
environmental protections prioritized by the Comprehensive Plan . This measured
approach is compatible with the nodal crossroads location , introducing more households
in an environmentally-sensitive conservation cluster pattern that will support the node ' s
present and future non - residential uses while being consistent with the residential
development densities of the surrounding area .
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The Orange County staff has noticed the public regarding this application , as required by
Sections 2 . 8 . 7 , 2 . 9 . 1 ( D ) , and 2 . 9 . 2 of the LIDO , including a required Neighborhood
Information Meeting , mailings to neighboring property owners , posting of the property , and
advertisement in the local newspapers . Additionally , staff have provided all application
documents on the Active Development Projects webpage .
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c . As such , the Rigsbee Residential — Conditional District ( R -CD ) zoning amendment is
consistent with the 2030 Comprehensive Plan s because it supports the following :
■ Planning Principle 2 . Sustainable Growth and Development : Growth and
development within the county should occur in a pattern, location, and density that is
sustainable over the long-term .
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■ Planning Principle 4 . Natural Area Resource Protection : Protection of the County 's
natural areas, including forests, wildlife habitat, and other important open spaces
should be a priority. The County should work with regional and local organizations,
the towns, and private landowners to promote and achieve preservation of the
County 's important natural resources .
■ Planning Principle 5 . Preservation of Rural Land Use Pattern : The County 's rural
areas are a cherished component of the County 's character. Future development
should preserve and enhance the county's rural landscape .
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■ Planning Principle 6 . Water Resources Preservation : The County has finite water
resources to provide to future populations. The protection and management of the
County 's water resources should be a high priority.
■ Planning Principle 8 . Preservation of Community Character: Future growth and
development should occur in a manner that preserves and enhances the existing
character of the County, its townships, and rural crossroads communities.
■ Land Use Overarching Goal : Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy consistent
with other Comprehensive Plan element goals and objectives .
■ Land Use Goal 2 : Land uses that are appropriate to on -site environmental conditions
and features, and that protect natural resources, cultural resources, and community
character.
■ Land Use Goal 3 : A variety of land uses that are coordinated within a program and
pattern that limits sprawl, preserves community and rural character, minimizes land
use conflicts, supported by an efficient and balanced transportation system .
■ Land Use Goal 6 : A land use planning process that is transparent, fair, open, efficient,
and responsive .
■ Objective WR-20 : Promote Best Management Practices for new developments which
minimize stormwater runoff.
■ Objective NA- I : Conserve high -priority natural areas and wildlife habitats, including
wetlands, rivers and streams, floodplains, steep slopes, prime forests, wildlife
corridors, and other critical habitats.
■ Objective NA- 10 : Require that all major subdivisions (defined as having more than 5
lots according to the Orange County Unified Development Ordinance) include within
their boundaries open space suitable for low-impact recreation and wildlife habitat.
■ Objective NA- 13 : Promote clustering of residential development and dedication of
large areas of undisturbed land for low-impact recreational use by residents and for
wildlife habitat. Where feasible, these areas should be contiguous to neighboring
tracts of undisturbed land.
■ Objective PR4 . 1 : Developers shall provide for adequate and appropriate open space
suitable for active/low-impact recreation in residential developments.
■ Objective PR-5 . 4 : Encourage development of a system of private open space and
conservation areas, including nature preserves, parks, linear parks, and scenic vistas
compatible with the character of Orange County.
■ Services and Facilities Element Goal 5 : Efficient and effective drainage,
stormwater, floodplain management, and erosion control systems .
■ Objective EC - 1 : Continue to use Best Management Practices (BMP 's) for stormwater
control, as outlined within the Orange County Unified Development Ordinance, to
minimize potential adverse impacts on the water quality.
■ Objective EC -5 : Minimize sedimentation and erosion to reduce the transport of
sediment and pollutants to surface waters.
■ Objective PS -T-5 : Include in applied site design standards for residential,
commercial, and industrial development, appropriate road design standards to ensure
adequate law enforcement and emergency vehicle access to the development.
■ Appendix F , Land Use Classification Description for Rural Community Activity Node :
Land focused on designated road intersections which serves as a nodal crossroads
for the surrounding rural community and is an appropriate location for any of the
following uses: church , fire station, small post office, school, or other similar
institutional uses and one or more commercial uses.
d . The amendment is reasonable and in the public interest because it furthers the goals
of the adopted Comprehensive Plan and is located in an area designated on the
Future Land Use Map as " Rural Community Activity Node . "
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The Board of County Commissioners adopts this Statement of Consistency and the findings
expressed herein .
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Vote : iz�:o For , Against
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