HomeMy WebLinkAboutPB Agenda Packet 6-3-26 1
ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [03 June 20261
ORANGE COUNTY PLANNING BOARD
MEETING AGENDA
June 3,2026
Meeting Information
Board Name: Orange County Planning Board
Meeting Date: 03 June 2026
Meeting Time: 7:00 p.m.
Location: Whitted Meeting Facility, 300 WestTryon Street,Second Floor, Hillsborough,
NC 27278
Chair: Lamar Proctor, Chair
Staff Liaison: Perdita Holtz, Deputy Director, Long-Range Planning&Administration; Planning
&Inspections Department
Contact: planningdept@orangecountync.gov 1919.245.2575
Accessibility&Accommodation Notice:Orange County is committed to making all public meetings accessible.
Persons with disabilities or who require language assistance are encouraged to contact the Staff Liaison at least
72 hours in advance.TTY users may call 711. Documents are available in alternative formats upon request.
Meeting Agenda
A= . .
1. Call to Order Lamar Proctor, Chair
2. Information Items Included for
a. Planning Calendar for June and July Information Only
3. Approval of Previous Meeting Minutes Lamar Proctor, Chair
a. May 6,2026 Regular Meeting Minutes
b. May 6,2026 Training Notes
4, Consideration of Additions to Agenda Lamar Proctor, Chair
5. Chair Comments Lamar Proctor, Chair
6, Reading of Public Charge, if Necessary Lamar Proctor, Chair
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina
General Statute,appoints the Orange County Planning Board (OCPB)to uphold
the written land development laws of the County. The general purpose of OCPB
is to guide and accomplish coordinated and harmonious development. OCPB
shall do so in a manner which considers the present and future needs of its
residents and businesses through efficient and responsive process that
contributes to and promotes the health,safety,and welfare of the overall
County. The OCPB will make every effort to uphold a vision of responsive
Planning & Inspections Department I Page 1 of 3
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ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [03 June 20261
Agenda - .d
governance and quality public services during our deliberations, decisions,and
recommendations.
Public Charge
The Planning Board pledges its respect to all present.The Board asks those
attending this meeting to conduct themselves in a respectful,courteous
manner toward each other,County staff, and Board members.At anytime
should a member of the Board or the public fail to observe this charge,the Chair
will take steps to restore order and decorum.Should it become impossible to
restore order and continue the meeting,the Chair will recess the meeting until
such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers,
and computers should please be turned off or set to silent/vibrate.
Please be kind to everyone
7. Action Item: Rezoning Application-Chapel Hill Joint Planning Area Perdita Holtz,
To review and make a recommendation to the Board of County Commissioners Deputy Director-
(BOCC)on an applicant-initiated rezoning application to rezone+/-15.5 acres Long-Range Planning
(PIN:9787-00-8466)located at 1651 Old Lystra Road, Chapel Hill. The parcel is &Administration
located in the Town of Chapel Hill's"Transition Area",as designated in the and
Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan(JPLUP).
The proposed rezoning, which follows the Town's Land Use Management Josh Mayo,Senior
Ordinance and the zoning districts defined therein,is from Residential-Low Planner,Town of
Density-1 (R-LD1)to Residential-4-Conditional Zoning District(R-4-CZD). Chapel Hill
8. Action Item: Unified Development Ordinance(UDO)Text Amendment Cy Stober, Planning
-Subdivision Regulations Director
To review one page that was inadvertently omitted from the amendment
package included in the May 6,2026 meeting materials and make a
recommendation to the BOCC on Planning Dire ctor-initiated amendments to
the UDO pertaining to subdivision reviewprocesses and classifications.
9. Adjournment Lamar Proctor, Chair
[Motion to adjourn]
Supporting Documents
• Attachment A: Planning Calendar for June and July
• Attachment B: Previous Meeting Minutes and Training Notes
• Attachment C:Abstract and Attachments for Item 7
• Attachment D:Abstract and Attachments for Item 8
Public Comment Guidelines
Members of the public wishing to speak on a particular agenda item should note the following:
• Comments are limited to 3 minutes per speaker. Persons may not yield their allotted time to
another person to speak on their behalf.
Planning & Inspections Department I Page 2 of 3
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ORANGE COUNTY—ADVISORY BOARD MEETING AGENDA [Planning Board] 1 [03 June 20261
• Sign-up sheets are available at the door prior to the meeting.
• Comments must be directed to the Board, not to individual members.
• Written comments maybe submitted to planningboard@orangecount nc. ov no later than 3:00
p.m.the afternoon of the meeting. Please include in the Subject line of the email the title of the
agenda item your comment pertains to. Emails sent to this address are viewable on Google
Groups: https://groups.google.com/g/ocptanningboard
• Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours(8:00 a.m.to 5:00 p.m.
Monday through Friday). Written comments will be scanned and sent by staff to the email address
indicated above.
Sign up to receive a notification when Planning Board agendas are posted
Interested persons can sign up at https://www.orangecountync.gov/tist.aspx to receive a notification when
agendas are posted. (Scroll down to the"Agenda Center" category and choose Planning Board).
Monthly Planning&Inspections Newsletter
Sign up at https://www.orangecountync.gov/list.aspx?ListID=408 to receive the monthly communication
on happenings in the Planning&Inspections Department.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to the Board
of County Commissioners(the elected officials).The Board of County Commissioners holds a formal
public hearing and makes decisions. Section 2.8 of the County's Unified Development Ordinance contains
a flowchart depicting the review process for rezoning and text amendment applications.
Planning Board Member Potential Conflict of Interest
It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict. Board
members having any conflicts of interest or appearances of conflict with respect to matters before the
Board should identify the conflict or appearance of conflict and refrain from undue participation in the
matter involved.
As a reminder, NC General Statute§ 160D-109 establishes the following standard: Members of appointed
boards shall not vote on any advisory or legislative decision regarding a development regulation where the
outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily
identifiable financial impact on the member.An appointed board member shall not vote on any zoning
amendment if the landowner of the property subject to a rezoning petition or the applicant for a text
amendment is a person with whom the member has a close familial, business, or other associational
relationship.
If any Planning Board member has any concern about a possible conflict related to an agenda item, please
notify Planning staff and get in touch directly with a member of the County Attorney's staff before the
meeting time to determine whether a conflict exists—and if so, how best to handle the potential conflict.
Planning & Inspections Department I Page 3 of 3
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June •
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
BOCC Planning Board BOCC Budget
Business Meeting Work Session
Meeting 7:00 7:00 pm* 7:00 pm
pm Southern
Whitted Bldg. Whitted Bldg. Human
Services Ctr.
7 8 9 10 11 12 13
BOCC Staff
Eval Closed
Session
7:00 pm
Whitted Bldg.
14 15 16 17 18 19 20
BOCC
Business
Meeting
7:00 PM HOLIDAY
Southern
Human Sery
Ctr.
21 22 23 24 25 26 27
28 29 30
Notes:
* Planning Board member attendance required
Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting
Room (2nd floor) 300 West Tryon Street Hillsborough, NC 27278
5
July 2026
Sunday Monday Tuesday Wednesday ThursdayFridaySaturday
4
1 2 3 4
Planning Board
Meeting
7:00 pm* HOLIDAY
Whitted Bldg. kh
5 6 7 8 9 10 11
BOCC
Business
Meeting
7:00 PM
Whitted Bldg.
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Notes:
* Planning Board member attendance required
Planning Board meetings are held at Whitted Human Services Building - Donna S. Baker Meeting
Room 2nd floor 300 West Tryon Street Hillsborough, NC 27278
6
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 MAY 6,2026
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Chris Johnston (Vice-Chair) Hillsborough Township, Statler Gilfillen, Eno Township
7 Representative; Meg Millard, Little River Township Representative;Venkat Yendapalli, Cedar
8 Grove Township Representative;Whitney Watson,At-Large Representative; Charity Kirk,At-
9 Large Representative; Beth Bronson,At-Large Representative;Ana Garcia-Turner, Chapel Hill
10 Township Representative; Othlone McCalla,At-Large Representative.
11
12 MEMBERS ABSENT: Lamar Proctor(Chair) Cheeks Township
13
14 STAFF PRESENT: Cy Stober, Planning & Inspections Director;Taylor Perschau, Current Planning Manager; Perdita
15 Holtz, Deputy Director—Long Range Planning &Administration; Lauren Honeycutt, Planner 11;
16 Jack Moran, Planner 1
17
18 OTHERS PRESENT: Jason Rivenbark, Carol Rigsbee, Laura Haywood
19
20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
21
22 The meeting began at 7:02 PM
23
24 AGENDA ITEM 2: INFORMATION ITEMS
25
26 Chris Johnston: All right. We're going to go ahead and call this meeting to order. I am not Lamar Proctor. I am
27 Chris Johnston. I'm the vice chair. I will be in position for Lamar. He is out today, so we're going
28 to go ahead and get going. We have a full agenda and a presentation or two, so we'll go ahead
29 and get started. So, No. 1, information item planning calendar for May and June. I reference you
30 to Pages, not numbered,4 and 5 for the calendar of upcoming events. I am not going to read
31 them out one by one, but we are just going to reference that they are there for May and June. So,
32 please take a look at that when you have an opportunity.
33
34 AGENDA ITEM 3: APPROVAL OF MINUTES
35
36 Chris Johnston: We have the previous meeting minutes. Item No. 3,from the March 4th regular meeting. Does
37 anyone have any updates, or adjustments, or anything along those lines that they'd like to make to
38 those meeting minutes? Yes?
39
40 Ana Garcia-Turner: My name does not appear. I was in attendance.
41
42 Chris Johnston: Okay. So,we have a missing name.
43
44 Perdita Holtz: If you can speak into the microphone?
45
46 Chris Johnston: Yes. Also, can you move your placard over just a bit?
47
48 Ana Garcia-Turner: Oh. Sure. Sorry.
49
50 Chris Johnston: You're fine.
51
52 Ana Garcia-Turner: Oh. Okay. I'm sorry.
53
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DRAFT
54 Chris Johnston: You're fine. So,we talked into the microphones. They're recording for the minutes, and so, if you
55 have anything that you need to say,just be sure to say it. So, if you could repeat yourself for just
56 a moment, please?
57
58 Ana Garcia-Turner: Sure. I would like to have my name added as being in attendance during the March 2026
59 meeting,Ana Garcia-Turner.
60
61 Chris Johnston: Perfect. Okay?
62
63 Ana Garcia-Turner: Thank you.
64
65 Chris Johnston: Any additional changes? Oxford commas? Nothing?
66
67 Statler Gilfillen: Can I make a motion to approve the minutes?
68
69 Chris Johnston: With the changes stated?
70
71 Statler Gilfillen: Right.
72
73 Chris Johnston: Yes. I can take that motion. I need a second.
74
75 Venkat Yendapalli: I would second that.
76
77 Chris Johnston: Excellent. All in favor say,aye.
78
79 MOTION BY Statler Gilfillen to approve the March 4, 2026 meeting minutes. Seconded by Venkat Yendapalli.
80
81 MOTION PASSED UNANIMOUSLY
82
83 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA
84
85 None
86
87 AGENDA ITEM 5: CHAIR COMMENTS
88
89 None
90
91 AGENDA ITEM 6: PUBLIC CHARGE
92
93 INTRODUCTION TO THE PUBLIC CHARGE
94 The Board of County Commissioners, under the authority of North Carolina General Statute,
95 appoints the Orange County Planning Board(OCPB)to uphold the written land development law of
96 the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious
97 development. OCPB shall do so in a manner,which considers the present and future needs of its
98 citizens and businesses through efficient and responsive process that contributes to and promotes
99 the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a
100 vision of responsive governance and quality public services during our deliberations,decisions,and
101 recommendations.
102
103 PUBLIC CHARGE
104 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its
105 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with
106 fellow citizens. At any time,should any member of the Board or any citizen fail to observe this public
107 charge, the Chair will ask the offending member to leave the meeting until that individual regains
8
DRAFT
108 personal control. Should decorum fail to be restored, the Chair will recess the meeting until such
109 time that a genuine commitment to this public charge is observed.
110
111
112
113 AGENDA ITEM 8: ACTION ITEM: MAJOR SUBDIVISION PRELIMINARY PLAT—To review and make a recommendation to
114 the BOCC on a Preliminary Plat application for a Major Subdivision named Rigsbee Estates. The
115 Plat is consistent with the Concept Plan reviewed and approved by the BOCC as the site-specific
116 plan of a Residential Conditional District(R-CD) rezoning application on October 7,2025. The
117 proposal is for a 43-lot subdivision on approximately 61.11 acres with 57.66% (35.24 acres)of
118 dedicated open space. The parcel is located at 3531 NC Highway 54 W in the Bingham
119 Township, PIN9749-42-2010.
120
121 Lauren Honeycut: Hello. Thank you. Good evening. Tonight,we are looking at the major subdivision preliminary
122 plat for Rigsbee Estates. So,this property is located at 3531 NC 54 West in the Bingham
123 Township. It's a little over 61 acres. The current zoning of the property is residential conditional
124 district. This was approved in October of 2025 by the Board of County Commissioners for
125 rezoning to allow for this major subdivision over 21 lots. There are no overlay districts and it is not
126 in water supply watershed surrounding zoning. So,we're Rural Residential to the north.
127 Agricultural residential to the south, and then local commercial and neighborhood commercial to
128 the east. The future land use is a rural community activity node. This is a land use by designated
129 road intersections. It serves as a nodal crossroads for the surrounding rural community, and
130 appropriate uses are low impact, commercial in nature,things like churches,fire stations, post
131 offices. There is no proposed amendment to those future land use. Summary of the proposed
132 major subdivision is, it is following a flexible development model,which designates open space.
133 There are going to be 43 lots as approved in the conditional district rezoning. A condition of that
134 rezoning was that it can have no more than 43 lots, so it is at this. An average lot size is a little
135 over half an acre, also consistent with the approved conditional district rezoning. They are
136 designating greater open space than was originally proposed at the rezoning. They are proposing
137 57.66 percent,which is a little over 35 acres to be held in common, open space. That's across
138 primary and secondary open spaces, so we have about 12 acres in primary and about 23 acres in
139 secondary. Secondary open space is going to be things that are for more recreational activities
140 plus community gathering spaces. This is the preliminary plat as proposed. It designates the 43
141 lots,the common open space, and then also conformance with the conditions of the approved
142 conditional district. So,where we are in the review process is, so we started at that conditional
143 district rezoning that you saw last summer. They had been holding a neighborhood information
144 meeting at that time to go over the concept plan,which is what that conditional district served as it
145 was recommended, and then ultimately approved by board of county commissioners. Their
146 preliminary plot phase was reviewed by our development advisory committee on January 22nd,
147 and following comments and revisions for the plan to meet our standards, it is at planning board
148 before you tonight. Your role is to receive and review the preliminary plat, and make a
149 recommendation to the board of county commissioners. Staff analysis, as we're required. We are
150 preparing and submitting a recommendation on the application to the board for your consideration.
151 In our analysis,we deemed that the preliminary plat was complete with the standards from our
152 ordinance detailing for applications and major subdivisions. The staff determined that the
153 properties of sufficient size to support the proposed subdivision. We have determined that the
154 preliminary plat will conform with all of the development standards held in Article 6 of our
155 ordinance and Article 7. We support the flexible development model designating that greater
156 common open space, and then, also, as a portion of the approved conditional district,we are
157 ensuring that everything on the preliminary plat will conform to the conditions agreed upon that
158 designated them as being able to be rezoned. So,following this,the planning director
159 recommends that the board receive the preliminary plot application and recommend approval of
160 the preliminary plat as submitted. So,with that, I'll being us back to the main body of the review
161 for the preliminary plat. Staff is here if you have any questions as well as the applicant Forestar
162 Group if you have any question.
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DRAFT
163
164 Chris Johnston: Great, so. One quick second. So,we have the applicant here. Does the applicant have a
165 presentation or anything along those lines?
166
167 Lauren Honeycut: They do not. So,the presentation element for this is the preliminary plot.
168
169 Chris Johnston: Wonderful. Okay. I just wanted to verify before we jumped into questions. Statler?
170
171 Statler Gilfillen: Just a technical question. I'm looking at the plot. You have said, approximately, 61 acres.
172 According to this, it says 61.11. Right below that, it then refers to the recorded acres as 63.99.
173 Can you explain the difference between those two?
174
175 Lauren Honeycut: Yup. So, if you look in kind of the, like, northwest corner there, you can see it is not part of the
176 conditional district rezoning,and it is not part of this application. It's actually the existing home
177 place of the property owner that will be subdivided off should the subdivision receive approval.
178 This subdivision is through an expedited process which is just a staff-reviewed process,and it was
179 already reviewed and approved with comments by staff, but they have not recorded it yet. So,this
180 reflects the future acreage,the acreage that's proposed for the project.
181
182 Statler Gilfillen: Thank you.
183
184 Chris Johnston: All right. Okay. All right. So,we have no additional questions for the applicant at this time. We
185 have no additional questions for the staff at this time. Is that it?
186
187 Venkat Yendapalli: Is this the same plat we looked at that we spoke in detail with applicant and the team last year?
188
189 Lauren Honeycut: It's very similar,so it needs still be rough conditional district that was proposed, so a number of
190 lots, at least,the designated amount of common open space and amenities. They did rework
191 some lot shapes and ended up designating more common open space. So,there are slight
192 changes as they've gone through a more technical process, but, on the whole, it meets what you
193 reviewed last year.
194
195 Chris Johnston: Perfect. Good question. Any follow-up questions? Just for my own personal clarity, and I'm
196 always a little hazy on this. The percentage of open common area spaces does not include the
197 buffers or any of the items that they aren't allowed to build in by, right? Is that accurate?
198
199 Lauren Honeycut: So, primary open space includes those.
200
201 Chris Johnston: Primary open space.
202
203 Lauren Honeycut: Yup. So, those are areas that are protected. They're required to be designated as primary open
204 space,so when the applicant is going through the process to decide what spaces should be
205 designated as open space. Our ordinance speaks to that the first spaces chosen towards that
206 should be environmentally sensitive features like floodplain and stream buffers.
207
208 Chris Johnston: Okay. Thank you. Okay, if we don't have any additional questions or concerns, I think at this
209 point I'm entertaining a motion.
210
211 Charity Kirk: Is there public comment on this one?
212
213 Chris Johnson: Oh, that's right,do we have a written comment on this item? Sir, did you just sign up for public
214 comment? No,okay, so we do not have any public comments. Thank you for the clarity. You
215 were ready to hit the button,weren't you?
216
217 Statler Gilfillen: Do you want a motion to approve?
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DRAFT
218
219 Chris Johnson: Well, that's the question.
220
221 Statler Gilfillen: I believe, based on what the county,the officials have already said and presented in this and what
222 I've read, I see no reason not to put a motion to approve.
223
224 Chris Johnson: Okay, so we have a motion to approve as presented. Do I have a second?
225
226 Venkat Yendapalli: I'll second it.
227
228 Chris Johnson: Okay any seconds. All those in favor? All those opposed?
229
230 MOTION BY Statler Gilfillen to approve. Seconded by Venkat Yendapalli.
231
232 MOTION PASSED UNANIMOUSLY
233
234 Chris Johnston: Seeing none, I believe we are moving on to the next item. I do want to, as board chair, take a
235 moment. I do believe we have a person who just walked in and might have a word to say as an
236 interjection. Would that be acceptable to the next presenter?
237
238 Cy Stober: It's at the pleasure of the board.
239
240 Chris Johnson: This would be at the pleasure of the board then. Do you have anything you'd like to say sir?
241
242 Jonah Garson: Everyone, I just wanted to say thank you.
243
244 Chris Johnson: Excuse me sir, do you mind introducing yourself?
245
246 Jonah Garson: I will introduce myself. Jonah Garson,former member of the Orange County Planning Board, now
247 North Carolina State Senator for Caswell, Orange and Person County. I just wanted to thank this
248 board for the past year and thank specifically the folks, and I'm looking at staff here. I'm looking at
249 Perdita especially who helped me with the steep learning curve on land use. I really enjoyed
250 serving on this board, and I am thankful for your work especially given some of the knotty
251 jurisdictional issues related to how this place, how this county we love grows comprehensively.
252 So that's all I wanted to say,thank you all so much for the opportunity to serve with you, and thank
253 you again to staff for helping me along the way and helping me learn a lot. Thank you.
254
255 Chris Johnson: All right,thank you. All right,with that we are going to go ahead and move on to the next item on
256 the list which I believe is Item 9, action item unified development ordinance(UDO)text
257 amendment subdivision regulation.
258
259 AGENDA ITEM 9: ACTION ITEM: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—SUBDIVISION
260 REGULATIONS—To review and make a recommendation to the BOCC on a Preliminary Plat
261 application for a Major Subdivision named Rigsbee Estates. The Plat is consistent with the
262 Concept Plan reviewed and approved by the BOCC as the site-specific plan of a Residential
263 Conditional District(R-CD) rezoning application on October 7, 2025. The proposal is for a 43-lot
264 subdivision on approximately 61.11 acres with 57.66% (35.24 acres)of dedicated open space.
265 The parcel is located at 3531 NC Highway 54 W in the Bingham Township, PIN9749-42-2010.
266
267 Cy Stober: Yes Mr. Chair, members of the board,thank you for your time this evening. I do have a fair
268 number of slides. These amendments were initially presented to the ordinance review committee
269 twice. You all provided some substantial feedback that I hope you see some reflection in the
270 amendments before you tonight, and I think that it also was an education for me about doing a
271 better job of sharing what we do on a day-to-day basis in the planning office and how we do
272 administer the subdivision of land daily in Orange County in accordance with state and local laws.
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DRAFT
273 So why are we here? Two years ago, Sally Green, Commissioner Green, petitioned the BOCC,
274 the commissioners and the manager for staff to initiate amendments to the unified development
275 ordinance to better support the realization of conservation—quote—conservation subdivisions, in
276 Orange County. Randall Arendt, in the interim, came and presented to the commissioners as part
277 of the 2050 land use plan about the difference between flexible developments and conservation
278 subdivisions, and Commissioner Green specifically referenced Loudon County,Virginia and their
279 standards there to address. And I think that the question for Lauren that was just asked about
280 primary open space being the most-environmentally sensitive areas as opposed to being the
281 areas that are not developable is kind of a kernel of, of what Randall Arendt shared with the board
282 about the difference between a conservation subdivision and a flexible development subdivision.
283 Flexible developments protect those primary open spaces that we are,that we currently designate
284 as the priority. A conservation subdivision takes them off the board pretty much entirely and says
285 this is not developable area and you need to protect more on top of that. In addition, and what 1
286 will share and I have a slide that says this clearly, is,we're not addressing that this evening
287 because,with regard to what the land use plan has brought up with regard to whether or not the
288 county would like to seek conservation subdivisions, most of which are dependent upon
289 decentralized wastewater systems, community systems and very-small, much-smaller lot sizes
290 than the county's accustomed to in order to have that trade-off and make a project appealing to
291 the development community and actually practical to even do the work to amend the ordinance to
292 bring it to Orange County. If we're going to bother to do that,we have to have a very-hard
293 conversation about the trade-offs of lot sizes, environmental protection and serving the county's
294 interests in that regard and we haven't been able to have that complete conversation at this time.
295 We certainly are in the middle of it I would say, but we don't have resolution on what direction the
296 county's going to go with regard to conservation subdivisions. Additionally,we had two flexible
297 major subdivisions in 2024, the Stonewall subdivision and the Williams-Glenn subdivision, both
298 just under 20 lots. They were presented to both the planning board and then the commissioners
299 later that year for approval, and there was some questions about what leverage, or leeway,the
300 board had to offer, negotiate,with the applicant, apply conditions,ask for revisions to the plan and
301 coming to the realization that there was no leverage to do so,that there is no high ground that the
302 county has with regard to these by-right subdivisions. There was a question, especially from the
303 commissioners, of why are these even before us. We're now placing—the Rigsbee subdivision,
304 for example,will go on the consent agenda for the commissioners at their direction. They won't be
305 discussing it, because they don't have the discretionary authority like they do on a rezoning to
306 negotiate for conditions on a case. And that also brings concerns to staff, because we get
307 comments from the public about how are we processing these, how do we make sure that we
308 enforce these, and we want to be consistent that this is a similar process to the other regulated
309 subdivisions we do, largely minor subdivisions, and you'll be hearing more about those in a
310 moment. And how do we serve the county's goals and objectives,and the county does have
311 goals to diversify its housing stock and provide more housing options in the county. It also has
312 goals to protect farmland and the environment and the open space. So there is a, I think largely a
313 public engagement concern of bringing these to a public venue when there is not recourse for the
314 public to change what is before them,and it has all the appearance of a hearing when, in fact, it is
315 not. The public isn't even privileged to speak unless it's given that privilege by the board, so that
316 really is why we're here today. So what does the state say about subdivision amendments,or
317 subdivisions? We do have the authority to regulate subdivisions. Otherwise, if we don't seek that
318 authority, the private property owners in North Carolina have the right to subdivide their land. So,
319 if we don't regulate it,we would be essentially having a fairly unstructured anarchy of subdivisions
320 throughout the county. So, if we choose to regulate it,we may by ordinance, and we may with,
321 provide for the review and approval of sketch plans and preliminary plats. We also may regulate
322 subdivisions differently. We can have minors,we can have majors,we can have flexible
323 developments, and we can have conventional developments. That is all, those rights are given to
324 us as a local government by the state, and we may—that last sentence is important—make
325 decisions on approval or denial of preliminary final plats only on the basis of standards explicitly
326 set forth in the subdivision or unified development ordinance. Again,we don't have any leeway to
327 negotiate for things that aren't set in black and white in our ordinance as a standard to comply.
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DRAFT
328 That's not to say we don't have some ability to, at a staff level, negotiate with an applicant on say
329 where is the secondary open space going to be,what are your amenities going to look like, how
330 are you going to connect your,a trail's network or a sidewalk if we are able to negotiate with an
331 applicant for that sidewalk or trail to a larger network and so forth. We do have that ability
332 provided we have a standard that they have to meet. A good one is our parks and recreation
333 standard. So,we do have a public parks standard in our subdivision ordinance, but we don't
334 require every developer or every applicant to build a public park. Instead,we require them to
335 make a payment in lieu, and the county accepts that payment at roughly 430 or$480.00 per lot.
336 And we then dedicated that money per township to parks and recreation purposes, and so we do
337 have a standard there that gives us options on how to satisfy the standard. And, as I said before,
338 if we don't apply subdivision regulations, then we are leaving it to the private property owner to
339 subdivide their property as they wish. And then the state, as you'll see in a moment, has also
340 taken some discretion away from us, some regulation away from us and saying thou shalt not
341 regulate these types of subdivisions,this is a right of the private property owner. That's not to say
342 that other regulations are in trouble then. Our watershed overlay regulations are I think the most-
343 protected in the state. Certainly,the most-protective local regulations, our stream buffer
344 regulations, are unique actually, because they buffer from the edge of the flood plain,and we have
345 steep slope and other regulations in our subdivision ordinance that protect the environment. So,
346 watershed is a zoning district. It overlays nearly I think it works out to be 75 to 80 percent of the
347 county. We do have some areas that are not protected, don't have water supplies and are not
348 protected in that way, but we do have county-wide stream buffers,we do have countywide flood
349 plains and then we also have septic standards that our environmental health department upholds.
350 So how do we apply these standards? So,we apply them to all divisions of land that are divided
351 into two or more lots; building sites, so they may not be lots,they may be building sites, or any
352 division that is created for the purpose of sale or building development whether immediate or in
353 the future. I'm not sure how you could create a lot that couldn't possibly be developed in the
354 future unless you applied a completely restrictive easement in perpetuity on that lot. But that is
355 what we are privileged as a local government to regulate the subdivision of land for-which is
356 pretty much all division of land. And, importantly,this doesn't come up so much in the county,
357 because we don't have county roads, but any division of land involving the dedication of a new
358 street or a change in existing streets, this is more common in municipalities. And we do provide
359 this administrative role for NCDOT at times, but it's less common in counties than it is in
360 municipalities.
361
362 Chris Johnston: Just to confirm.
363
364 Cy Stober: Yeah?
365
366 Chris Johnston: If you go back one,when it says involving the dedication of a new street or changing the existing
367 streets, so,when you say dedication, it has to be dedicated to the county, not NCDOT?
368
369 Cy Stober: No, no, no, no. So,the county dedicates roads for maintenance to NCDOT and then DOT
370 accepts that maintenance responsibility at their board meetings. So,we can dedicate roads for
371 state maintenance. Otherwise,they have to be privately maintained,which the county does not
372 maintain roads.
373
374 Statler Gilfillen: You just used the reference to building site and building lot, but I'm a little confused about the
375 definition difference.
376
377 Cy Stober: That's a great question, I don't have a good answer for you.This is the statute,this is the state
378 law, so yes,we can apply these regulations to all divisions of a tract or parcel so they distinguish
379 between the two of land and into two or more lots or building sites or other divisions when one or
380 more of those divisions is created for the purpose of sale or building development whether
381 immediate or in the future. So that pretty much captures everything yeah.
382
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383 Chris Johnson: So,while we're paused here, because I was very rude and interrupted the interruption, does
384 anyone else have a question before we continue on? Okay cool. Sorry about that Cy.
385
386 Statler Gilfillen: I keep interrupting, because I couldn't understand.
387
388 Cy Stober: No, so this is just the legal context for what we can and can't do. So,we, in our ordinance, have
389 arguably six different types of subdivisions. I would actually,there may be a seventh category
390 depending on how you look at it. We have subdivisions that are exempt from our local regulations
391 by state law,that's the statutory reference,that are expedited in their review by state law, and
392 we're going to go through all these. Lucky you. That, and then we have what we classify as
393 minor, and we have two different types of minor subdivisions,those that are conventional;that is,
394 that they meet the minimum lot size of the zoning district which is typically about 1 acre, or they're
395 flexible which allows the lot size to be reduced in size because, and then with a corresponding
396 dedication in open space. That's held by the HOA not by the county. And then we have majors,
397 and the difference between minors and majors is really about the lot count, and this decision was
398 made in I think prior to 2008 about where that threshold is. But we have conventional, again,that
399 conforms with the minimum lot size for the zoning district and flexible which has the smaller lots of
400 but more open space dedicated. Yeah?
401
402 Beth Bronson: Is minor lot being defined as 12 or less or 21?
403
404 Cy Stober: I get to all of that.
405
406 Beth Bronson: Okay.
407
408 Cy Stober: Yeah,we will get to all that in just a moment.
409
410 Beth Bronson: Okay.
411
412 Cy Stober: Yeah,we're going to go through each one of these and talk about what they are and how many
413 we see in the county every year and show you a typical plat for each one of these too so you
414 understand what we look at on almost a daily basis. So,thanks to Taylor,we have here all of the
415 subdivision actions from the past 5 years, calendar years, before you, and that may be hard to see
416 and don't worry,you're going to get to zoom in. But what we've been seeing is a steady increase
417 in the number of subdivision applications we receive every year. About, I would say, it's roughly—
418 except for that jump between '22 and'23—it's generally about a 7 to 8 percent increase every
419 year in the number of subdivision applications. And this past year we saw the highest number in
420 the last 5 years at 123 subdivision applications. This is generally how they break down, so the red
421 is exempt, so again those are exempted from local standards by state law; expedited which are
422 largely exempt from local standards by state law; regulated minors and regulated majors. And in
423 that, again, minors have a smaller number of lots and majors have larger numbers of lots. You'll
424 see here,for the past 5 years we have averaged just over one major subdivision per year in
425 Orange County, and this is kind of how it breaks down. So,this is an average over that 5-year
426 period, and you'll see here, I mean,we have some of these, and we're going to go into each one
427 in more detail. But, if you see the purple is inconsistent from year to year, that's the regulated
428 minors. But,when we average it out over a 5-year period,you see that, on average,we have 34
429 exempt subdivisions a year,almost 50 expedited, 13 regulated minor and one regulated major.
430 And this,you can see on the pie chart how that proportionally breaks down,and again this is an
431 average over a 5-year period. This does not represent anyone year, because we have a lot of
432 variability there. So, if someone's a statistician, there may be a better tool than average or mean,
433 but we can have that conversation. So, talking about exempt subdivisions, so this is state law.
434 State law tells all of us; municipal, county,that we are not permitted to regulate any one of these
435 five actions. The No. 1 that we see is recombination of lots, so that's'where you have two lots
436 and you're changing the lot lines. You're either consolidating those two lots into one or sometimes
437 you're doing land swaps and you're moving lot lines around, but we do not regulate those. We
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438 don't apply our subdivision standards,so that's landscaping, buffers, road standards, lighting. Or
439 not lighting. We got roads, landscaping,what else do we have? We have environmental open
440 space protections, all those things don't come into play. We're not allowed to apply them. And
441 this is a biggie, the next one, and we hear a lot of frustration from the farming community about
442 this one, is the division of land into parcels greater than 10 acres or no street right of way
443 dedication. So,you don't have a public street. You can have a private street, but you can't have a
444 public street because a private right of way doesn't have to be dedicated. So the division of land
445 into parcels greater than 10 acres where no street right of way dedication is involved, and this is
446 how a lot of farmland is lost and this is not our local regulations. We are not permitted to regulate
447 this division of land. It is also the way that some farmers provide land for their heirs, and again it's
448 a 10-acre minimum, so we have on occasion seen hundred-acre let's say lots divided into two 30-
449 acre and a 40-acre lot. That does happen too, and we don't regulate that. We don't apply our
450 subdivision standards but you also see—we've never seen a 100-acre lot, but theoretically you
451 could divide it into ten 10-acre lots and we could not apply subdivision standards. Public
452 acquisition of land for transportation purposes, so that's also known as condemnation and eminent
453 domain, to create a road. We don't, and this is,we're not permitted at that point if someone has
454 to, through condemnation,sell their land to DOT or to a municipality. We're not permitted at that
455 point to say oh and you've got to do landscaping and you've got to do open space and you've got
456 to provide your own road now because your land's been divided in half by the state. This one we
457 covered at the ordinance review committee, and we can go into it if you'd like to, but it's rarely
458 seen in the county. It's more commonly seen in municipalities, because it deals with smaller tracts
459 of land. But it's, I'm just going to read it. The division of a tract in single ownership whose entire
460 area is no greater than 2 acres—so 2 acres or smaller—into not more than three lots where no
461 right of way dedication is involved and the resulting lots meet basically the zoning and all the other
462 standards. So, if you can do that,you can't apply the subdivision standards again for, say
463 landscaping, in that event. They have to comply with the zoning standards for setbacks, minimum
464 lot size and so forth, but not the subdivision standards at that point. So, in our case that would
465 also involve watershed standards; so impervious cover and so forth as well as our buffers. And
466 then probated will which I think is kind of common sense to a lot of us that that should be exempt,
467 although it does create chaos when you end up with a bunch of tiny lots that don't comply with
468 your zoning. Any questions on exempt actions?
469
470 Beth Bronson: Was there ever a time where it was the division of land,for No. 2, the division of land into parcels
471 greater than 5 acres?
472
473 Cy Stober: That is expedited,and we're going to get to that one next.
474
475 Beth Bronson: Okay.
476
477 Cy Stober: Yeah.
478
479 Venkat Yendapalli: If there's a public street,the regulations still apply.
480
481 Cy Stober: Correct. So,when you look at the five year,the blue,you'll see the blue bar on every one of these
482 graphs. That's the total number of applications received and then you can see in the red the
483 proportion of exempt applications that we receive. You see that we received a lot last year, 70,
484 over half of the applications we received last year were for exempt actions. And a lot of these are
485 either 10-acre lots or recombinations. The plat here that you see is for a recombination,so they're
486 taking Lots 1 and 2 and they're making them into one, and we don't regulate that type of action.
487 But yeah,the one we hear the most about from folks,the biggest frustration, and,when we look at
488 say Loudon County, Virginia, they have agricultural zoning. They actually have 40-acre lot
489 minimums for some of their zoning districts. We're not,this undermines any leverage we might
490 have to be able to require that in the first place, and then secondly have the leverage to negotiate
491 on what, say, an agricultural subdivision might look like because we have to start at 10 acres.
492 That's where our regulations begin is that anything that's bigger than 10 acres, if you're,you can
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493 have 2,000 acres and divide it all up into 10-acre lots with no public road, and that's exempt from
494 local regulations. And I can't help you with that other than you can talk to the commissioners to
495 lobby on that or you can lobby yourself; call up your nonprofit or your lobbyist and talk to them. It's
496 a general assembly matter, not a local one. Same thing with expedited subdivisions, so Ms.
497 Bronson, to your point,their expedited actions don't have to comply with any local subdivision
498 regulations, but they have to satisfy some state standards in order to do so. So, it can't be
499 exempt. It can't be an exempt action, so that's kind of a duh already is why wouldn't you do
500 exempt in the first place. You can't use the expedited tool on a tract or parcel in the past 10
501 years, so it's a one and done for 10 years and then you're done. There is a loophole to this
502 where, if you incorporate as a different LLC,you're not the same party, so I want to be frank about
503 that. That's a loophole that many savvy developers use, so I don't own that property. I may have
504 owned that property 2 years ago but it's not mine now, and I'm Cy Stober A instead of Cy Stober B
505 and we're not the same, so that happens. The entire area of the tract or parcel to be divided is
506 greater than 5 acres,so it has to be a 5-acre minimum, and there is a gap here between that
507 exempt 2 acres and the 5 acres. And the amendments put in your packet tonight propose to close
508 that gap, because there's an inequity that's there that I'll talk about in a moment. After, and you
509 cannot create more than three lots and they all have to comply with our local regulations, so
510 zoning setbacks, minimum lot size,watershed, impervious buffers, all of that. And this is usually
511 the biggest headache for these actions is a permanent means of ingress and egress is recorded.
512 So,we have to have an access easement and it has to be recorded,and we want to also know
513 how you're going to maintain that long term. So, and, if you're going over someone else's
514 property,you have got to have an access easement from them. So that's usually the big
515 headache with these actions, but, again, if you satisfy all these criteria,we can't regulate you. We
516 can't apply our subdivision regulations. This is statewide, and this is one of our more-popular
517 options and this is also a statewide popular option is, you can divvy up the land into three lots and
518 move, go on your merry way. So, you'll see that we get in the neighborhood of rough, on average
519 — I can't remember what the actual average is, but it was just under 50 of these applications a
520 year. And we had a low, last year is our lowest year for expedited actions, and this is what they
521 look like. I'm not sure I'm clear. I chose this one, so it's my fault, but they probably could've gone
522 the exempt route, because they have 20 acre, 21 acres, but they chose to have a 7-acre lot result
523 and they're along a public right of way already. So, they created one 7-acre lot and then a 14-
524 acre lot, and that's an expedited action rather than exempt because they didn't meet the 10-acre
525 lot minimum for Lot 1. Any questions on expedited actions? Again, that's state law.
526
527 Beth Bronson: Can you go back to the road dedication? Yeah,the four points? Because the permanent means
528 of ingress and egress is recorded for each lot, does that not also, like that just means recorded
529 with DOT?
530
531 Cy Stober: No,that means recorded—not necessarily but could be. But it could also just be an access
532 easement recorded at the register of deeds here in the county. Thatjust provides for permanent
533 ingress and egress to that lot,and it doesn't even have to meet the fire marshal's satisfaction, it
534 just has to provide permanent ingress and egress. Now there's some wiggle room there. I think
535 you're going to want emergency services to be able to,and your insurance company's going to
536 want to know if you break your arm or have a heart attack,that an ambulance can get back there
537 and help you. So that's usually a failsafe that we have, but no, you just have to have permanent
538 ingress and egress. That's 12 feet width usually.
539
540 Beth Bronson: Twelve feet.
541
542 Cy Stober: Eleven or 12 feet.
543
544 Beth Bronson: But that doesn't require gravel, it doesn't require pavement, it doesn't require dirt?
545
546 Cy Stober: Not necessarily, and we can't apply our road standards that would. Yeah, our road standards
547 provide for all of that, but we just have to have a recorded easement. And at our development
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548 advisory committee meetings that Taylor runs every other week,the fire marshal is there and, if
549 needed,the fire chiefs. The subdivision you saw the fire chief had a lot to say about that one, and
550 he reviews these and sometimes he has comments. Like, if they're doing 11-foot width, he's not
551 going to be happy and he'll let them know. But there's not much we can actually do.
552
553 Beth Bronson: As long as its applicable zoning requirements are met.
554
555 Cy Stober: That's correct.
556
557 Beth Bronson: Thank you.
558
559 Statler Gilfillen: Where was that site,where is that located?
560
561 Cy Stober: That's at Arthur Minnis and Rocky Ridge. And then we get to minor and major,so you remember
562 the state law said we can provide,we can regulate different types of subdivisions as we see fit.
563 So,we have two classifications, minor and major, and then we provide for two options, so we
564 really have four different types of subdivisions. We have minor conventional,which is no more
565 than five lots that meet the zoning requirements, or we have minor flexible developments which is
566 no more than 12 lots. And then we also have the same for majors, but the lot count is different,
567 and we'll get to that in a moment. So, this is how we define what a minor subdivision is and how
568 we then regulate it accordingly. There are major subdivision regulations that don't apply to minor
569 subdivisions, because they're less intensive. We don't get a lot of minor regulated subdivisions.
570 They represent 35 percent of our cases every year on average, and our peak was a couple years
571 ago, but yeah that's generally what we see. A lot of people will try to figure out how to do,frankly,
572 an expedited subdivision rather than go through a minor regulated subdivision. If they have that
573 type of, if they don't have more than 20 acres, they're probably going to see that the investment
574 they'll need to make is not worthwhile for their return they're trying to get unless they're really
575 appealing to, in my opinion, higher-end home builders that would pay them a pretty penny for
576 those lots. But this is an example for a minor regulated. They're creating three new lots, and they
577 are regulated accordingly.
578
579 Beth Bronson: Becoming four lots and then the road.
580
581 Cy Stober: Oh sorry yep, four resulting lot. That is three,three total? Yeah.
582
583 Beth Bronson: That is, I am trying to kind of understand. Like can you sub divide it three more times or just three
584 times?
585
586 Cy Stober: Yeah, so,well, if,we do have a lot count that we do, but you will see that there is a 10-year period
587 that applies in the definitions of the ordinance to how many lots should be on the total tract of land.
588 So,we do have somewhat of a shot clock. Have we ever had cascade like back-to-back minor
589 regulated on a tract of land? Yeah.We have seen folks do an expedited subdivision and then
590 adjacent to that a minor regulated subdivision. So, they will have a net lot number of eight. Say
591 they will do five lots for the regulated subdivision,and they will choose an expedited route for the
592 residual tract acreage and use the expedited tool, pardon me, and we cannot really do anything
593 about that because the state law says we are not allowed to regulate it if they're meeting our
594 zoning standards.
595
596 Beth Bronson: Even if it is using the same road?
597
598 Cy Stober: Correct. Especially if they have recorded means of ingress and egress,then they have satisfied
599 the state standards.
600
601 Beth Bronson: But if you have to have an easement through a tract of land to get to the rest of it,just I guess it
602 just depends on where it is positioned.
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603
604 Cy Stober: Yeah, it can,yeah.
605
606 Beth Bronson: Okay.
607
608 Cy Stober: And then of course we have, oh, but what does not count as a minor is that even if you have that
609 lot count and even if you meet either the reduced lot size or the conventional lot size under that
610 zoning district, if you are going to dedicate a new public street or improve a new public street, if
611 you are going to extend utilities to the site, or you are going to necessitate the installation of
612 drainage improvements,which would require easements through one or more lots to serve other
613 lots,you are not a minor subdivision. So, if you have stormwater conveyances that thread
614 throughout your development, or you are dedicating a new road, you are a major subdivision, and
615 you are regulated at such.
616
617 Meg Millard: Is common ground Eco Village, does that count as a major subdivision then?
618
619 Cy Stober: They are minor flexible, yeah.
620
621 Meg Millard: They're minor?
622
623 Cy Stober: Yeah.
624
625 Meg Millard: Because they only have 12 lots or something.
626
627 Cy Stober: And their drainage is generally to the back of every lot, if I recall, into the open space.
628
629 Meg Millard: Right, and there is one here.
630
631 Cy Stober: Yeah.
632
633 Meg Millard: But they did put a big road too.
634
635 Cy Stober: Correct. Yeah,yeah, but it is a private road.
636
637 Meg Millard: Okay.
638
639 Cy Stober: Yeah,yeah. And that brings us to the major subdivision. So, right now, this is the language right
640 now that is in the ordinance. We are proposing to amend it to be affirmative rather than saying
641 what it is not or trying to say what it is,which is more than five lots, conventional lots, or more than
642 12 flexible lots but not more than 21. You will see here,when we have a threshold that requires
643 rezoning, if a tract of land is proposed for a subdivision that is 21 or more lots, and then we also
644 have this legacy standard that pins, that says we have to go back to 2003 and look at the property
645 boundaries there and consider how many lots have been created subsequently over the years on
646 that tract. In discussions with county attorney's office,we cannot hold Party A responsible for the
647 actions of Party B. So, if John Doe came along and divided the tract into 20 lots 5 years ago,you
648 cannot hold Jane Doe responsible for John Doe's actions. She has the right to subdivide her land
649 that she has purchased, and that could lead to adjacent major subdivisions. The intent of the
650 commissioners was to regulate that and to prohibit that. Our attorney's office and I have
651 discussed it at length, and we do not think it is defensible, and so, I am not going to enforce it as,
652 you know, I am not going to say Jane Doe you cannot do that because another party, related or
653 otherwise, came in and divided the land years before you did.
654
655 Beth Bronson: I got to understand that the tract of land could have in it subdivided properties.
656
657 Cy Stober: Yeah.
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658
659 Beth Bronson: In a proposed plan but not an executed plan?
660
661 Cy Stober: No, no,they would have to be recorded.
662
663 Beth Bronson: Because of the subdivision of that tract could be recorded. So, say there was a tract of land of 50
664 acres, and say there were 12 houses,for the purposes of being less than 5 acres, right? If
665 somebody then sold those 50 acres to Jane Doe, Jane Doe would not have to adhere to the 12
666 subdivided lots?
667
668 Cy Stober: She had nothing to do with dividing those lots, yeah, and she would not be purchasing those.
669
670 Beth Bronson: She would be purchasing the parent tract, or like the 50 acres.
671
672 Cy Stober: If she purchased all 13 lots, I suppose,or 12 lots,then I guess she would be responsible for all of
673 them, but that seems unlikely.
674
675 Charity Kirk: If it is 100 acres and like 50 acres is subdivided and the other 50 acres is like divided in two, and
676 then Jane Doe buys 25 of those acres, she does not have to wait 10 years to redivide them. Is
677 that right?
678
679 Cy Stober: Well, in fact,what it says is that we, as staff, should go back to 2003 and look at the boundaries of
680 that 100 acres then and tell her oh,you want to divide your land into two lots,you have to rezone
681 the entirety of it because now you are a major subdivision to create two lots. It just does not,
682 when you walk the dog on it, it does not pass the logic test because her neighbor maybe divided it
683 into 20 lots 5 years ago.
684
685 Beth Bronson: Her neighbor or the seller?
686
687 Cy Stober: Either one. The neighbor could be the seller.
688
689 Beth Bronson: I see.
690
691 Cy Stober: I mean the intention was to prevent that from happening, but it does not conform with the private
692 property rights afforded to property owners in North Carolina.
693
694 Beth Bronson: By right.
695
696 Cy Stober: Yeah.
697
698 Beth Bronson: Fine. Got it.
699
700 Chris Johnston: Okay. Any other questions?
701
702 Cy Stober: Okay. Major subdivisions,we do not see many. We have very stringent subdivision standards,
703 the open space requirements,the buffers,those are not subdivision standards. The road
704 standards are good and a high standard, high quality, and our buffering standards are also very
705 protective and essentially in ensuring that the new development would not be incredibly disruptive
706 to the character of the area,and so they are fairly expensive standards to comply with, and the
707 other options are more appealing frequently to people in the county. So,we see, honestly,about
708 as many rezoned residential rezonings a year as we do major subdivisions. We see about one
709 major residential rezoning a year, and we see just over one major subdivision a year. This is the
710 Stonewell subdivision,which is up on another road north of Hillsborough,and this is an example
711 of a major subdivision, one of those ones we saw in 2024 that the commissioners, and I think this
712 board, also just said well, if they meet all the standards, then I guess we have to approve it, so we
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713 will move on. And then this is the Rigsbee plat that was just recommended for approval by this
714 board and is consistent with the zoning approval that it had before. And we have determined that
715 our subdivision review process applies in this case because it is conforming with the zoning
716 district. So,just a summary, and these are Taylor's slides. I am stealing them. Thank you. The
717 major subdivision is six to 20 lots if you are using the zoning lot minimums or 13 to 20 if you are
718 using the flexible design option. The minor subdivision is no more than five conventional lots or
719 no more than 12 flexible lots. And what are we proposing to change with this amendment
720 package? So,we are proposing to eliminate the concept plan from planning board review and
721 have that be presented at a neighborhood information meeting instead. We are proposing that the
722 preliminary plat and the final plat be able to be approved by the planning director, essentially the
723 planning staff. What would that look like in terms of review? So, this is the current review
724 approach. The amendments that are before you would change this so that the planning board
725 would be eliminated from reviewing the concept plan. We could invite you, and this was
726 discussed that as a matter of practice to the neighborhood meeting to be a part,to participate in
727 reviewing the concept plan and then remove both boards from reviewing the preliminary plat
728 provided it meets the standards of the Unified Development Ordinance. And then in the review
729 process, again,what would this look like? The changes would be that the planning staff would
730 accept the concept plan. It would be presented at the neighborhood information meeting so that
731 the public could have the opportunity to weigh in on what is being proposed and provide
732 constructive feedback. The preliminary plat, such as the Rigsbee one that was reviewed tonight,
733 would go through the planning staff as far as an application and then be presented at the
734 development advisory committee,which is the fire marshal planning staff, DOT, parks and
735 recreation, environmental health, and others,addressing, are all invited to participate and make
736 sure that the plat conforms with their standards, and then the final plat. And any change would be
737 reviewed and approved by the planning staff. And something that we are making clear with the
738 amendments is that all required permitting, so like say the road certification or any dedications for
739 amenities and so forth,would have to be permitted and approved or otherwise guaranteed. The
740 most common one of this is stormwater. We would require if the stormwater is a pond or device,
741 hopefully a device, a rain garden or a bio-retention cell has not been certified and finalized,we will
742 collect a bond for that, keep it on file at the county, and they will pay a premium on that bond until
743 they are able to complete that. We would have the leverage then to call that bond and complete
744 the work ourselves should they go bankrupt or should they walk on the project or something to
745 that effect and ruin their credit. I do not know why they would do that unless they are really in a
746 hard place, but we would have that ability. Same thing with road surfacing and landscaping.
747 Landscaping and stormwater bonds are the most common bonds that we hold at the county, but it
748 was a little unclear about the relationship with phased projects as well as how that surety is posted
749 to the county and its relationship to platting, and so the amendments try to clarify that too.
750
751 Chris Johnston: Just to clarify. So, currently we do not hold a bond for the finishing of projects for like stormwater
752 and things of that nature?
753
754 Cy Stober: No,we do.
755
756 Chris Johnston: We do.
757
758 Cy Stober: Yeah, but there is a lot of language that was about like what the HOA should do and how they
759 should hold the bond and how they should certify things, stuff that is none of our business. It is all
760 just advisory and getting us involved in HOA business,which is we do not need those headaches.
761 We do not need to be involved, and we are not, and we disregard those parts of the ordinance
762 because it is intrusive and well out of our legal purview to be involved in HOA matters. What we
763 need is when you construct a stormwater pond and you have not converted it yet, it is not ready to
764 treat stormwater, but you want to get the final permit on your final home,we say we need that
765 bond. We actually collect it far earlier than this, but we need that bond. It needs to cover 125
766 percent of the cost of construction and 1 year of maintenance. If you cannot provide that,you do
767 not have a final house. You have not provided us with a guarantee that you can actually develop
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768 your project,and it needs to cover the plantings. It needs to cover the construction. It needs to
769 cover the labor. It needs to cover all of the media,the soil that you put in there, any rocks that you
770 will have on there, everything from the rip rap to the cranes that you are going to put in there, and
771 your plantings.
772
773 Chris Johnston: Are we allowed by state right to collect that sort of thing or have that requirement of a developer or
774 whatever the case may be?
775
776 Cy Stober: Mm hmm.
777
778 Chris Johnston: Okay.
779
780 Cy Stober: Yeah. There is a limitation now in high-quality water zones from municipalities. They used to
781 have a lot more leeway to collect bonds for a 20-year period, and they have limited that to 10
782 years, and they put a cap on the amount of the bond that you can collect, but otherwise,there is
783 now,yeah,we can hold a bond and that was for long-term performance in high-quality water
784 zones, but for simple stormwater purposes,we hold the bond as long as we need to until we can
785 go out there and certify that that bond is performing as it needs to, and then we have a 1-year
786 warranty period as well where we can require them to fix that pond, or we can take civil action.
787
788 Chris Johnston: And does the developer have a choice on whether or not they provide that bond? You mentioned
789 that they do not get signed off on the final house, but if I am building 21 houses and I have got 20
790 in.
791
792 Cy Stober: Yeah, it is a great question, and this has been a hot topic in planning. We actually require that
793 bond at preliminary plat.
794
795 Chris Johnston: Okay.
796
797 Cy Stober: So, before they build a single house.
798
799 Chris Johnston: Perfect. Thank you.
800
801 Cy Stober: Yeah, same thing with the landscaping. Yeah.
802
803 Statler Gilfillen: I am looking at your last screen regarding things that you crossed off. Much of it is the review
804 process that this board is involved in. If I were looking at Page 2-82, the planning board decisions
805 have all been axed out. This may not be the best term, I don't know, but it almost sounds like this
806 is moving to eliminate the need for the planning board.
807
808 Chris Johnston: Well, hold on. I think that is the big question that we all have on our minds here. Before we get to
809 that, because I think that is the meat of some of the concern, is there additional content that you
810 need to provide before we get into that?
811
812 Cy Stober: I was just going to go over what the amendments propose to do.
813
814 Beth Bronson: I would like to hear that first.
815
816 Chris Johnston: So,what I would suggest, because I do think we are all thinking similar thoughts, let us finish the
817 proposal and the presentation,and then at that point,we will go through each of us and have our
818 questions and comments in that regard before we open that can of worms.
819
820 Beth Bronson: I think Whitney has a subject relevant question.
821
822 Chris Johnston: Whitney, do you have a specific to,yeah.
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823
824 Whitney Watson: So,you know, if you go back one slide,the review process, could you talk about or explain how
825 the planning principles outlines in the land use document are both applied to the presentation or to
826 the application and if there is any kind of report comes out of planning staff whether it goes to the
827 county commissioners or the planning board or the DAC that says we looked at these things, and
828 all of these principles are met or exceeded?
829
830 Cy Stober: So,the planning principles or guidance, so we cannot enforce them. When we do provide zoning
831 opinions,we always refer to the planning principles because we are changing the land use to
832 something that is not by right today, and so in order to do that,we need to know what the
833 guidance of our comprehensive plan tells us,the principles that we should be upholding in
834 changing that land use. With subdivisions,what we are doing is administering the rights of that
835 land and making sure that we apply the standards accordingly, and our DAC notes,Taylor's staff
836 provides exhaustive lists of every standard that is not being met, and then there is usually a
837 rebuttal from the applicant on how they are going to meet all those standards, and that is a public
838 record, and we do that for expedited minors and major subdivisions. It is most commonly seen in
839 the minors, and the majors is they will go through one or two revisions in order to comply with our
840 standards that are found in Article 7, but also the Article 6 standards,and if there is any use
841 specific standards from Article 5 or Article 4. So,five is the use specific standards and four is the
842 watershed standards and the impervious standards we have and making sure that we are
843 complying with all of those. Similarly, the addressing ordinance, the fire code, and all of those
844 comments are also provided there, but to your point,the principles that are found in the
845 comprehensive plan are not really at play because this is strictly a regulatory process of applying
846 standards. Do you comply with the regulations that we have or not, and the regulations were
847 adopted in 2011, and at that time, I would have to go back and look at the minutes then to see if
848 the 2008 plans principles were addressed and the adoption of that ordinance at that time, but I do
849 not know. But no, and we do not provide that summary report on every application that we have
850 because, again,we have over 100 a year, and we do not do that analysis because we are not,
851 again, no one involved in this process has the privilege of negotiating on these. We have to just
852 apply the regulations that we have in the book.
853
854 Statler Gilfillen: Question. Under the concept plan,you have referred to the neighborhood information meeting,
855 and you have eliminated the planning board,which is fine, but what exactly is the neighborhood
856 information meeting and how is that actually different than what should be the normal process that
857 we have been going through?
858
859 Cy Stober: There is no change to the neighborhood information meeting requirement. That is already
860 required for minor and major subdivisions. They have to meet with the neighbors. They are
861 required to invite all neighbors within 1,000 feet of the property, and the property is posted as well
862 certainly for major subdivisions, and they have to host a meeting and provide for public input on
863 the project, present the project to the public, and it must be done no less than 30 days prior to
864 submittal of the plat, I believe it is,to the staff for formal review.
865
866 Statler Gilfillen: Why is not that just combined with the planning boards and they review also?
867
868 Cy Stober: Because I do not think there should be a planning board review.
869
870 Statler Gilfillen: Pardon?
871
872 Cy Stober: I do not think there should be a planning board review.
873
874 Statler Gilfillen: Thank you.
875
876 Chris Johnston: Okay. Any other subject matter?
877
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878 Meg Millard: Can you explain why you do not think there should be a planning board review?
879
880 Cy Stober: It is not a discretionary matter. So, if you would like to attend the neighborhood meeting,we did
881 talk at the ordinance review committee meeting about ensuring that the planning board is aware of
882 the meetings that are held in the county and when they are held, and I think that that is a very
883 reasonable policy to enact, but this is more a question of does it comply with the subdivision
884 standards that are present and our ordinance, and per the commissioner direction, they do not
885 want these in front of them, and they do not want the planning board to have a role in making a
886 recommendation on plats. So,the concept plan is currently presented to the planning board. You
887 can provide comments on the concept plan, but there is no,again, I keep using the word leverage
888 that developer can be incredibly rude if they want to and just say I do not care, I am going to do
889 this anyway because I meet all the standards in the ordinance, and that is completely legal, and it
890 would be illegal for us to try to negotiate for anything more. I do think there is value in having a
891 very constructive dialogue with these applicants about how they can make their project better, but
892 1 think the better venue for that is an informal meeting.
893
894 Chris Johnston: To confirm though, that is kind of the same vibes had for the neighborhood information meeting,
895 right, in which you are bringing it to the neighborhood. You are alerting everyone within 1,000
896 feet. We have no leverage either, right? They do not have any staff expertise. They do not have
897 anyone guiding through the process. Staff is not required to attend the neighborhood information
898 meetings. So, in someways,the public is allowed to be there. They have the neighborhood
899 information meeting, but they do not have the benefit that we have as an organization,which is
900 you all. Is that accurate? Is it a benefit to the public in the same way that the planning board is for
901 the public's benefit? Gosh, I am getting into it, and this is not the presentation. I am so sorry.
902
903 Cy Stober: I can circle back around if you would like.
904
905 Chris Johnston: Let us circle back. I am so sorry.
906
907 Beth Bronson: Because there is lots of discussions we have had about concept plans before we get the
908 preliminary or the final plat, and I think that is a discussion that we should have when we start
909 discussing these amendments, once they are done being presented.
910
911 Cy Stober: Sure.
912
913 Statler Gilfillen: I wonder if at times that one of the great efficiencies of this board is that very public meeting where
914 people are raising points. Many of them are professionals in their fields, like I am an architect,
915 and listening to people in those neighborhoods that it has affected,that information often does not,
916 1 do not believe,fully comes up to us where those meetings are separate. If that were a combined
917 meeting, I could see that there is much that we could have to learn about what the people are
918 expressing and possibly the professionals in the neighborhood.
919
920 Charity Kirk: But the point is we cannot do anything about it.
921
922 Chris Johnston: Right.
923
924 Charity Kirk: That is the discussion topic, but let us finish.
925
926 Chris Johnston: Let us finish the presentation. I am going to keep my own mouth shut.
927
928 Cy Stober: Well, I think that we actually covered two of the bullets on this slide, so thank you for that, and 1
929 just want to remind you all that if there is any public dedication at all,whether it is a road or it is
930 land, conversation easement,what have you, that does have to go to the commissioners for
931 action. It would not come to the planning board, and it would typically be on consent easements,
932 conservation easements generally are not because they have to be maintained,so there is a long-
23
DRAFT
933 term investment that has to be made, but any public dedications,whether it is for mostly just
934 roads, those do go to the commissioners. So,we are affecting a number of sections of the
935 ordinance and four articles. Some of these are fairly turnkey, and let's see, and some of them are
936 more substantive. And we will go through them, not in all detail. You have the packet before you.
937 1 have got my packet right over there, or details you would like to go through, and we could
938 certainly pull it up too if we need to. But I just wanted to broadly go over generally what is being
939 proposed in each one of these articles. There are three substantive changes that I am going to go
940 into, and I did want to talk about before we get into that article by article. I will do it when we get to
941 those sections, but the main one is expansion of the expedited subdivision to cover smaller
942 acreage lots because there is a penalty there that I would like to address, and it comes up fairly
943 regularly for us as a staff. So,the changes to Table 2.1 that are being proposed,they are pretty
944 representative of what is being proposed broadly throughout all these other amendments, it would
945 remove the planning board and the commissioners from review of major subdivisions and make
946 that decision-making power for the planning director. It also proposes to remove the conditional
947 district requirements, but that is just because conditional districts are zoning atlas amendments,
948 so it is redundant with that row and confusing that there is not a special bucket for conditional
949 districts. They are simply zoning atlas amendments, and they follow the same process as
950 conditional districts. Section 2.9, addresses the,what we reviewed tonight, and puts it in black
951 and white, is that if subdivisional land has been approved through conditional zoning like the
952 Rigsbee Subdivision,then the process for approving the subdivision could follow, can be
953 administered the same way as a otherwise regulated major subdivision regardless of the lot count,
954 so. And then it also provides for phasing of subdivisions. And there is some nuance there,so the
955 zoning requirements require a phasing plan, and in some situations a developer will say,well, I do
956 not have a phasing plan that was approved by the commissioners, but I do want to phase this
957 project, and where we have arrived and what is present in the amendments is it is fine that you
958 want to phase the project. That is,you do not have to do the whole big chunk, but the bonds are
959 going to be for the whole big chunk. We are not going to let you sub-bond the project, because
960 you promised a single project to Orange County, and you will bond a whole project to Orange
961 County. How you build it out is really up to you, but we will have what you promised to the county
962 because it has gone through the process and been seen as an improvement, and that is why the
963 land you have changed was authorized by our planning board and the elected body. Section
964 2.13, it, a lot of this is to eliminate guidance language, and this is a bone that the attorney's office
965 has to pick with the ordinance is there is too much guidance language in there. It is not a
966 guidance document. That is the land use plan. This is a regulatory document. It is law. We
967 should not be telling people what they should do. We should be telling people what they have to
968 do or what they cannot do. And the exemption should pretty much be verbatim what the state of
969 law is. We do not have discretion to interpret the law in this case. There is not a lot of daylight in
970 there to,for interpretation. Section 2.14 for minor subdivisions is largely a reorganization to try to
971 make it clear that we have an expedited section and a regulated section, and the expedited is
972 subject to state law, and that we wanted to ensure, and this again gets to Commissioner Green's
973 petition, that we eliminate any obstacles for the conservation subdivisions. Right now,we require
974 a conventional layout. If you want to do a conservation subdivision,you have to provide us, or a
975 flexible development subdivision, you have to provide us with a conventional layout, a flexible
976 development layout, and a concept plan. So,you are doing more work than you would have to do
977 for the conventional application. So,we have made those application standards the same. We try
978 to figure out a way to make their fewer app requirements for the flexible or conservation approach
979 but struggled with that, and you will notice I am using the term conservation. That is because that
980 is what the ordinance uses. It does get into some kind of, some confusion with the land use plan
981 conversations that we have had on the distinction between conservation and flexible
982 developments, but we are not using them in that sense. We are using them as they exist in our
983 ordinance today. So, I want to be clear about that, although I may have just confused you all. But
984 we are not move,we do not have any tools right now in our box to do what Randall Arendt
985 recommends,which is to take things like stream buffers and flood plains off the table as credit for
986 open space at this time. That is not something that we have.
987
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988 Beth Bronson: In the sense that we have to require flood plain buffers as open space,—
989
990 Cy Stober: Correct. That is primary open space. So that is one of the first places you have to protect.
991
992 Beth Bronson: And then would a drain field also be considered primary open space?
993
994 Cy Stober: Not in and of itself. It would be second, it could be secondary.
995
996 Beth Bronson: Could be secondary, but if you put the drain field in the same,well, you could not put it in the
997 buffer, but it would be secondary. Is that correct?
998
999 Cy Stober: You cannot have the discharge area in the buffer. You could have a drain field in the buffer.
1000
1001 Beth Bronson: Thank you.
1002
1003 Cy Stober: Yes. And then,we are deleting all the flow charts. Again,they should not be in the ordinance.
1004 They are useful tools, but they should be in the flyers or pamphlets. And not all of them are, some
1005 of them are really nice and streamlined, and others are a little bit spagetti-ish. And then we do
1006 want to refocus the concept plan as a useful part of the NIM. And I do think they can be a very
1007 constructive public engagement tool between the developer and the neighbors about what are the
1008 aspirations,what are the principles that should be fulfilled by that app,that application, by that
1009 subdivision. The county staffs role is to maintain and regulate the standards. And then,yes,we
1010 have eliminated all discretionary review language. The plat should either meet the UDO
1011 standards or it does not. We do not,staff, planning board, commissioners have no leverage
1012 whatsoever to impose conditions on a subdivision plat,and right now the ordinance language says
1013 that they do. It is problematic. And we do not want to encourage anyone to consider that they
1014 might have that leverage. And then,we have tried to, I think we have done a good job or aligning
1015 all the minor and major subdivision language. So, it is pretty much identical, and so that makes
1016 the differences pop out better when you are going through it. So,when it should be identical, it is
1017 identical. When it should be different, it is different. So, Section 2.15 is the major subdivision
1018 section. Again, as discussed,we are proposing to eliminate planning board and commissioner
1019 reviews. This is a by-right process, and again, commissioner approvals are required for any
1020 public dedications. And again,that is a dedication to either the county or DOT, not say a
1021 dedication to triangle lane conservancy. That is between two private parties.
1022
1023 Chris Johnston: When you say BOCC approvals are required for public dedications,and we talk about roads,
1024 parks, trails, is it specific to roads, parks,and trails, or anything that is involving roads, parks, and
1025 trails the, the entire application process?
1026
1027 Cy Stober: Those are just useful examples, and yes,the timing of that could be,we would, if we have a
1028 required dedication for a road,we would want that to accompany the final plat. So,we would not
1029 want to record a final plat without a dedicated public road, but there is no right time to dedicate.
1030 Most of these roads have construction standards they have to uphold, but you know, if you are
1031 confident your stormwater device can, let us say you have 12 lots and you have two stormwater
1032 devices, but one that accepts a different catchment than another. All the homes that are in that
1033 catchment have been built out. You can convert that stormwater device, control measure,and
1034 you are not worried about it being disrupted by construction activity, and you just want to get the
1035 bond off your plate,you can go ahead and do that, and we will certify it if it is performing as it, as it
1036 is designed and engineered. So,there is not a right time or a wrong time to do most of this,
1037 except it all must be done before the final plat or otherwise guaranteed. Again,we are proposing
1038 to eliminate the flow charts and put them into guidance resources, and the ADA compliance needs
1039 that we will have over the coming year will cause us to really think hard about how we do this most
1040 effectively. Again,we are trying to eliminate all discretionary language and remove obstacles for
1041 the flexible development option within major subdivisions, and an important element that is in the
1042 flexible developments or conservation subdivisions is that they require a yield plan, and that
25
DRAFT
1043 shows you how many lots you could have if you built out a property using a conventional layout
1044 and how many lots you are getting and how much open space you are protecting through a
1045 flexible development approach.That is a requirement, and it is kind of nestled in the back of this
1046 section, but it is very useful,and I think it is something we want to bring out and make a
1047 requirement at the neighborhood meeting, and right now I do not think that is being,that message
1048 is being told early in the process. Instead, it is just kind of a box that they check towards the end.
1049 And then again, aligning language as much as we can. Section 2.16 has never been used. It is
1050 the non-residential subdivision for industrial parks, economic development office parks and so
1051 forth. It has literally never,ever been used, and our other subdivision standards can be used
1052 instead. There is nothing particularly useful or remarkable in those standards. And office parks
1053 are not, are no longer a development type that we see generally. So,we are proposing to delete
1054 it, and that reflects all of those many, many pages that you have in your package. Everything that
1055 is in Article 3 that is being amended is just an elimination of a reference to 2.16. So, any
1056 subdivisions for those zoning types would conform with the major subdivision requirements more
1057 than likely.
1058
1059 Beth Bronson: This is to say that you would not have, because we have never had a neighborhood in an
1060 economic development district.
1061
1062 Cy Stober: Yes.
1063
1064 Beth Bronson: Not to say that one could not apply. If it did, it would just be served the same as any major or
1065 minor subdivision plan.
1066
1067 Cy Stober: Yes. And we have different landscaping standards for non-residential uses that are more
1068 protective.
1069
1070 Beth Bronson: But if it is a subdivision, it is residential? Or do you mean subdivision for industrial use?
1071
1072 Cy Stober: Correct. Yes.
1073
1074 Beth Bronson: Okay.
1075
1076 Cy Stober: So,we would,we are just eliminating the special category for non-residential subdivisions and just
1077 say all the subdivision standards apply, and then in our subdivision standards we have different
1078 standards for non-residential uses already. So,for landscaping and road requirements and so
1079 forth.
1080
1081 Beth Bronson: Yes.
1082
1083 Cy Stober: So,yes.That is already there, and we are already addressing that. So, having 2.16 there being
1084 unused did not seem particularly useful and mainly seemed confusing.
1085
1086 Beth Bronson: Do we know when 2.16 was added?
1087
1088 Cy Stober: I do not.
1089
1090 Beth Bronson: Okay. Thank you.
1091
1092 Cy Stober: Yes. And then, Section 7.1,jumping to the subdivision article, is the establishment language, and
1093 we are aligning that with statutory language for why we subdivide land. And then we are also
1094 refining the language for exempt and expedited to match the statutory language as well and
1095 restructuring that section so they go from the least regulated to the most regulated, and trying to
1096 have that bouncing ball be very logical to follow. The minor subdivisions include expediteds.
1097 They are a form of minor subdivision. They are just not subject to the minor,to the subdivision
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DRAFT
1098 standards if you can comply with all the state standards. That is kind of a nuance point, but you
1099 go from exempt to minor expedited to minor regulated to major regulated. And again, minor
1100 regulated has flexible and conventional, major has flexible and conventional, and then you go to,
1101 you want to have 21 lots or more, then you are going to have to go through rezoning, and that is a
1102 whole different ball of wax, because then we are not talking about plats,we are talking about site
1103 plans. We have not changed any of the thresholds of when conditional zoning is engaged. We,
1104 yes,this is what language I have already covered. Yes. For the expediteds,we went back to
1105 close a putative gap that has been created through statute, and we have the ability to relieve
1106 some of the regulations. We do not have the ability to apply more regulations, but we can relieve
1107 some of these property owners for regulations. At present,you are exempt from our subdivision
1108 standards if you own less than 2 acres and you can apply with all the exempt requirements, and
1109 you can create three lots from that if you, they meet all the rezoning standards for an expedited.
1110 And if you have 5 acres or more,you can do the expedited, and you do not have to comply with
1111 most of our standards, and you can create three lots without complying with our standards. So,
1112 we have two lots or less, or 2 acres or less, or 5 acres or more,you can get three lots that comply
1113 with our zoning regulations but do not have, are not subject to subdivision standards. That means
1114 that if you have 2.01 acres to 4.99 acres,you are a minor regulated subdivision. You have
1115 landscaping. You have parks and rec in lieu fees. You have road standards. You have all the
1116 standards that have to be applied in those cases. And it does not seem fair, and we have very
1117 frustrated small lot owners who come in and they say,well, I just want to divide my land into two
1118 lots, or you know, and we go,well if they are,you got 3 acres here, a regulated subdivision, and it
1119 is a very unpleasant conversation, and I am happy to have unpleasant conversations all day that
1120 make sense, and to maintain the principles of the county. I really am. But this does not make any
1121 sense,and it really seems to be, and I do not think Orange County engineered this or anything like
1122 that. It is a gap I would like to close through the amendment. So,what we are proposing to do is
1123 to close the gap by extending the expedited subdivision privileges to all owners with 2-plus acres.
1124 So again,everything else is the same. No more than three lots, permanent means of ingress,
1125 egress, have to comply with all of the zoning lot requirements, all the setbacks and so forth. If
1126 there are watershed standards,those apply, impervious cover applies, buffers apply. Nothing
1127 changes from what the otherwise the statutory expedited process is, and it is just that you can
1128 qualify if you have 2 acres or more rather than 5 acres or more. So,that is a substantive change.
1129 We talked about this a bit already, but with regard to phasing, performance guarantees and
1130 subdivision agreements,we're trying to eliminate a lot of intrusive language about what HOAs
1131 should and should not do, and just make it about what the county's role in this whole process is,
1132 and our role is to maintain the public interest by making sure that you build the project that you
1133 said you would build. Or not. That's fine if you're not going to build it, but that means your
1134 investment rights will expire in a few years, and somebody else can do something different. They
1135 can build two lots there, or they can go through rezoning and put up a farmer's market. They can
1136 do something different there. That's fine, but if you're going to divide your land into six lots,that's
1137 great. We're going to need our stormwater bond. We're going to need to build your road, then
1138 meet our road requirements. We're going to need you to put all of this in a subdivision agreement
1139 and post bonds with the county and comply with your phasing plan,and that's our role, not the
1140 HOA should do this, and your covenant should say this, and that's none of our business, and it's
1141 problematic. 7.12 and 7.13,we're clarifying that the yield plan is required for all subdivision
1142 actions, including conservation subdivisions, because it's actually more constructive in my,to my
1143 thinking,to have flexible development projects, show what they could have done and how they
1144 could be impacting the land and what they're not doing to show the value of the project to the
1145 neighbors. I mean,they could not develop it. That, of course, is always an option, but if they are
1146 going to develop it and subdivide it, they could go the conventional route and build five 1 acre lots,
1147 or they could build seven half acre,for example, and I think this is one of the most valuable parts
1148 of the neighborhood meeting,and right now, it's not a future of those neighborhood meetings.
1149 And then,we take all of those concept plans. There are a few useful elements of the concept
1150 plan, and we put them in the preliminary plat,so that that information is on the preliminary plat for
1151 all subdivision actions. There is some valuable stuff we have in the concept plan that tells staff
1152 how people are going, applicants are going to be complying with the subdivision regulations and
27
DRAFT
1153 we don't want to lose that, and this does reflect what the staff currently does. Frankly, most of the
1154 concept plans we get are preliminary plats. We don't get too many sketches. So,they're already
1155 paying an engineer or a surveyor to do a full-blown plat,and they just call it a concept plan, and
1156 they switch out the title and seal it for the preliminary plat,so, it never goes to the public. There's
1157 not value in doing a lower level of detail kind of sketch at this point. So, that's what they submit to
1158 the county. And then,Article 10,we just updated all of our subdivision definitions to reflect the
1159 amendments and to reflect statute. And that is, that concludes my overview, and I'm happy to
1160 take any questions. I do have my recommended actions to you all on the slide before you, but
1161 that concludes my presentation.
1162
1163 Chris Johnston: Thank you for running the presentation. I appreciate it.
1164
1165 Cy Stober: Thank you for your time. I know that was a little longer than I expected.
1166
1167 Chris Johnston: That's right. Venkat has stepped away, and in the interest of, do we want to start on the other end
1168 for any questions about the presentation, in terms of what has been presented? What is being
1169 offered to be changed? Any clarifying items or anything of that nature? Concerns,feelings,
1170 general anxieties?
1171
1172 Othlone McCalla: Okay, so for me,when I went through the document and seen so many things being eliminated, 1
1173 kind of got the sense that perhaps our role is like null and void, in a sense, but based on what
1174 you're saying about statutes of the laws, I do see where we, if we can make the process easier for
1175 developers, it makes sense to reduce in cases where there is a kind of backlog of enough
1176 projects, but I do think that our role as planning board members is an integral one, and it's one
1177 that we should try as best as possibly include in one of our discussions going forward and actions.
1178 We already spoke about the neighborhood meetings. I think that could be an area where it is
1179 mandated that planning board members attend, so that that discussion is more close up in terms
1180 of what the project could look like. We could ask the necessary questions as released to the
1181 reverse clause that exists, but based on my observation, I do recognize that most of these
1182 developers have a good understanding of the expectations for each code is, but I think having us
1183 be a part of that discussion that time can be wholesome and productive. That's my comment.
1184
1185 Chris Johnston: Thank you.
1186
1187 Ana Garcia-Turner: So, I'm kind of lost on how the general public is going to be knowledgeable enough to participate
1188 in these meetings,these neighborhood, I'm sorry, my acronyms are off, NIMS. I believe I stated
1189 earlier we have the benefit of the training. We can tap into you at any time, and whether we can
1190 say change this or don't change that, a side. At least we're a voice for the community. I don't
1191 understand, and I don't know if I have a question exactly, but I don't understand how the general
1192 public is going to be educated when they are participating in these activities, if they even show up
1193 because they may not understand that this is their one moment to speak and be heard, regardless
1194 of whether something is moved or added or not. So, and again, I'm hoping somebody can ask a
1195 little deeper question than where I'm, I think not even scratching. I'm just kind of shake the door
1196 handle a little and see. Are we leaving the community out to fend for themselves? You
1197 mentioned that there would be pamphlets with the schematics, I believe I heard you say. Is that
1198 for the general public? Is that for the developer? What is the community being provided, and
1199 please, somebody interject.
1200
1201 Charity Kirk: I guess one of the questions is how valuable have you seen, or how much change have you seen
1202 by the Stonewall Development? Are these rare major subdivisions? How much change have you
1203 seen because they have come before us and we have given commentary.
1204
1205 Chris Johnston: Specifically us? Or specifically the neighborhood information meeting?
1206
1207 Charity Kirk: No, us.
28
DRAFT
1208
1209 Chris Johnston: Us.
1210
1211 Cy Stober: I don't know if we saw any substantive change. Taylor, can you speak to that? I also want to be
1212 clear, I'm the planning director, but all subdivision applications come through Taylor Perchau's
1213 office, and through her staff for current planning and zoning. So, she lives this day to day.
1214
1215 Charity Kirk: But, I mean, I think that's our concern from the questions that keep coming up. I know I'm just
1216 trying to help, but I think that is one of our concerns is that we provide commentary and critique in
1217 a more educated fashion, because we've been seeing things for a while. With the things that
1218 have come before us, that aren't the conditional districts or the zoning atlas amendments where
1219 we have leverage. If we don't have any leverage, has our commentary been noticeably helpful?
1220
1221 Taylor Perschau: So, I would answer specifically for Stonewall and Lawrence Road,the two major subdivisions in
1222 the past 2 years,there have not been changes based on planning board feedback. So, Stonewall
1223 came before you all, and actually, in my opinion, gave the false visual that the public had
1224 comment,that could have impact. And planning staff dealt with ongoing communications with
1225 frustrated neighbors because of that. Because bringing it to the planning board and the board of
1226 county commissioners appears as if it's not a regulatory process. It makes it appear like a
1227 legislative process, and it makes it appear as if both boards have discretion in how the standards
1228 are applied,which they do not.
1229
1230 Cy Stober: I would also add that Stonewall, to kind of elevate that informal neighborhood meeting, and the
1231 value of not having staff present. One of those concerned neighbors, is that how they negotiated
1232 for a second driveway to their house? Through the Stonewall subdivision, and that's fine. That
1233 has nothing to do with us and it's sort of just kind of oh,you're going to do this? Well, how does
1234 this affect me? How can I benefit from it, and it's turning out to be a somewhat better project than
1235 what we initially regulated and it doesn't violate any of our standards. So,they came to us with,
1236 sort of we came up with a solution to resolve this potential conflict between these two folks, and
1237 we said that that sounds fine.
1238
1239 Charity Kirk: I think the question here is how can we be helpful and give feedback and the board of county
1240 commissioners and Cy is saying you can't do anything legislatively, but we want to know how can
1241 we be helpful and give feedback, and have,where is the sweet spot for us. Because right now,
1242 we're being completely removed.
1243
1244 Cy Stober: From the subdivision process? So,with regard, and actually spoke with Whitney at length about
1245 this too, is any land use changes fundamentally require, by state law, the planning of boards
1246 involvement and guidance to the commissioner, so any rezoning requires the planning board
1247 direct involvement. The land use plan that established the new principles and goals and
1248 objectives for the county,and you all talked about this with your work plan should involve the
1249 planning board, and has involved the planning board, but arguably could have a larger role for the
1250 planning board moving forward as we progress towards our next engagement window and having
1251 a plan in the end. There's a lot,there's a huge role in the planning board in that process. In
1252 administering the ordinance,that is the job of professional planning staff, is to administer the
1253 ordinance. What the standard should be is a role for the planning board. If there are concerns
1254 about what are the standards of development, I invite you all to provide feedback on what you
1255 think we could be doing better about protecting open space,or you've already made it clear, as
1256 has the commissioners,that they would like those areas that cannot be developed,the steep
1257 slopes,the flood plains,the stream buffers to be taken off the table, and have that be addressed
1258 in the ordinance, and I've heard that loud and clear, and we can begin working on that when 1
1259 have a little more guidance on whether that's going to be a stand alone, or part of revising our
1260 flexible development standards period. Are we going to do the whole thing,or do we just want to
1261 focus on that one element. So, all of that is a huge role,the meat and potatoes of the ordinance
1262 itself,what is the law of the county? The planning board is to advise the county on what those
29
DRAFT
1263 standards should be. Planning board should be advising the county on any land use changes that
1264 occur in the county, and the planning board should be involved, certainly, in crafting the long-
1265 range vision for land use in the county.
1266
1267 Chris Johnston: Okay, and Whitney, are you on this question as well? Are you asking a question as follow up to
1268 her question? I want to make sure that we, no? Okay. So, Meg, do you have a question before
1269 we move on, sorry.
1270
1271 Meg Millard: I have basically the same questions that have been rolling through.
1272
1273 Chris Johnston: All right,sorry about that,thank you.
1274
1275 Whitney Watson: So, is it possible then that the planning principles, and in specific, preservation of community
1276 character could be, standards could be created that then become part of the ordinance? So that
1277 somebody comes, brings a subdivision proposal forward, one of the things that they have to do is
1278 demonstrate how they are in keeping with the general area around them,whether it's lot size, style
1279 of construction, amount of open space, and so on?
1280
1281 Cy Stober: We could,there's, I'm thinking Raleigh and Wake County have a racial equity lens that they apply
1282 for all their applications,for example, and look at what the impact of the development, any
1283 development,will have upon that community,what the price point of the homes is estimated to be
1284 relative to the surrounding community. That's not exactly what you're asking, but I mean,that's,
1285 my only hesitation, I mean,yes, you could. That's the short answer. I would have to run it by the
1286 attorney's office because the state is very protective single family residential homes and our
1287 abilities to regulate their appearance, so anything that would be seen as an intrusion on that, and
1288 us dictating what a house should look like, that's a big no, and that's very clear in the law. So, it's
1289 the matter of how we would navigate that, but, and we'd have to have,they would have to have a
1290 product that is tangible and makes sense so that the developer has clear guidance of, or the
1291 applicant, has clear guidance on what is the standard we're trying to achieve with that, and they
1292 would have to be in the ordinance. So, it would have to be a regulatory standard, not a qualitative
1293 standard. Not a goal or an objective. Not a goal, it would have to be an objective.
1294
1295 Whitney Watson: What I'm thinking about in particular is a proposal that came up in Mebane recently,where
1296 somebody wanted to put a bunch of townhomes surrounded by single family homes on, generally,
1297 1 acre or more lots.
1298
1299 Cy Stober: This is the one in Orange County? Yes, okay.
1300
1301 Whitney Watson: Yes, and there was a lot of push back from all the neighbors about this is not in keeping with the
1302 area, because they don't have any standard that they can apply, it all became opinion, and so,
1303 can these principles, can, I guess, a goal for planning staff to find ways to articulate these
1304 principals and has qualitative guidelines that can be incorporated into the UDO.
1305
1306 Cy Stober: Possibly,we could consider that. I think the case that you're talking about was also a rezoning
1307 when the principles do come fully into play because you are leaning on your land use plan, and
1308 you can, and the law is different for rezoning cases because the elected bodies actually given
1309 broad discretion to consider what is reasonable, and they can make any finding about what's
1310 reasonable, including community character to say this is not a reasonable request, even though
1311 it's met all of our standards. Give us double the open space that we otherwise would require. It's
1312 not reasonable because of X,Y, or Z. It can't be totally bogus. It can't be we think it's going to
1313 ruin the community, based on what? But it,you know, and it can't be, like a good one would be,
1314 it's going to cause traffic problems when you have a traffic analysis that says no it won't. That
1315 would be problematic, but if it fails to meet one of those aspirational standards,then that's totally
1316 the principle and a zoning case. For a subdivision, that is the right of property owner to divide and
1317 develop the land as the county says it sees fit. So, the long-winded answer, I think it was part of
30
DRAFT
1318 the land use plan. I think there's a worthwhile conversation to have with the commissioners about
1319 what is the development pattern, and we're having this as part of the conservation neighborhood
1320 discussions of, like,what development patterns are reflective of the community character of
1321 Orange County? Do we want to have smaller lots that are preserving twice as much open space,
1322 and are well buffered from the area. Is that retaining that community character? Is that
1323 compromising it because we're allowing for those smaller lots? It's not an easy answer. It's an
1324 answer about trade offs, but, and so I just, my concern is that if we say that we can,we're going to
1325 work on that. I need an output that makes sense, so we can check a box, and say yes,they
1326 clearly have demonstrated that they are meeting principle three,which I think is sustainability,
1327 energy, something like that. How do we do that? Is that one we want to include. The community
1328 character one, I mean,we would have to have an objective principle about general lot size in this
1329 area is 1.5 acres. What they're proposing is generally a .9-acre development. At what point is .9
1330 acres not in character with 1.5 acres,for example. It's not a simple answer. It deserves some
1331 research and it would take time, but I'm not saying no, but I'd need more guidance, and we'd also
1332 need the board to petition the commissioners that the planning staff should be looking into this.
1333
1334 Whitney Watson: Okay, so you referenced farmland loss early on in your presentation. So, if there's a farmer who's
1335 got a hundred acres or so,and adjacent to him is 50 acres,the owner of that 50 acres decides to
1336 sell and see it subdivided into a subdivision. It may not change the zoning, but for the farmer, it
1337 completely changes the character around him, around them. Even for the owners and developers
1338 of the new properties being adjacent to a farm, changes that character. So, I guess what I'm
1339 hearing is that as long as the applicant checked all the boxes, there's no way to say, sorry, it
1340 doesn't work.
1341
1342 Charity Kirk: I think the key there is zoning. Zone it so you don't allow houses. You don't allow it to be split up.
1343
1344 Whitney Watson: That's hard to do because agricultural, residential, allows a great deal of flexibility.
1345
1346 Charity Kirk: But I think that's the point, that is the area to tweak, is actually what does the zoning mean, but
1347 then we have to deal with the state, too.
1348
1349 Cy Stober: So,yes,every private property owner has the right to subdivide their land,and the county has to
1350 provide for that right, but it also is allowed to have discussion on, like a discretionary of when does
1351 that higher burden of proof, and higher burden of kind of public engagement kick in? When do
1352 you have rezoning rather than by-rights subdivision? We have to provide for the by-rights
1353 subdivision. We have to provide for by rights subdivision of land, but only up to a point, and
1354 there's a lot of leeway there about what Orange County thinks,what thresholds Orange County
1355 thinks should go to rezoning. How many lots should be created and is it a different answer for
1356 doing conventional lots versus flexible development lots. Should we, and I think to the
1357 commissioner's point in kicking off this process, is they want to encourage more flexible
1358 developments throughout the county. They want to be encouraging of that conservation and
1359 protection of open space. So, anything that can incentivize that further, is welcome to a point, and
1360 1 think that there is, because there does seem to be an opinion that more than 20 lots on a parcel
1361 of land needs to meet that higher burden of proof. Or, it is not proof,that would be quasi-judicial,
1362 but it needs to meet that higher burden of argument, I guess. Advocacy. So, I think that that's
1363 really the question. If you want to have that discretionary role, and that is the planning board's
1364 role, is to say when something is and is out of character,that is the question about when should
1365 subdivisions be required to go through rezoning, and to be clear,that's also saying that you're
1366 saying it is going to be more difficult to create more housing in the county,and that's not a bad
1367 thing, necessarily, but in terms of our land use plan, because you're creating a higher cost to get
1368 across the finish line. So part of the response that we've been needing is the commissioners
1369 having a priority of trying to provide more varieties of housing and a bit more housing stock in the
1370 county to meet the demand for housing for middle-income and lower-income households, and we
1371 do not have good many good options right now. I do not think subdivisions are the only way to do
1372 it. I do not think it is going to solve that problem, but it can assist it. And if you require things to go
31
DRAFT
1373 through rezoning and have traffic studies and environmental assessments and so forth,you are
1374 going to be adding a lot more money to the subdivision of land. So,what is that trade off?
1375
1376 Whitney Watson: To that point,where is the economic incentive because if they are, I guess it is not clear to me
1377 how we can incentivize the development of lower cost housing, greater numbers of lower cost
1378 housing other than by making a compact development with small amounts of land, community
1379 septic and water or municipal level,sewer and water in order to make it affordable. That seems to
1380 be a big part of the driving cost is all of the infrastructure, roads, surveying, et cetera. That drives
1381 up the cost as much as paying an engineer to do a plan.
1382
1383 Cy Sober: That is a big piece of it. Yes, I mean,you read Yana Freemark's presentation I believe. I mean,
1384 we have kind of a natural background, this challenge of creating more affordable housing in the
1385 county that has nothing to do with Orange County and it has everything to do with kind of the
1386 macroeconomics of housing and we have constrained the market further by our zoning in Orange
1387 County, and particularly, like having 2-acre lot minimums or 1-acre lot minimums and not having a
1388 faster track for flexible developments to have smaller lots. At some point,yes, a community
1389 wastewater system creates you have to then allow for a higher development footprint because
1390 otherwise,there is no financial incentive to your point to invest in a community wastewater
1391 system. It will be a total loss for a developer unless they can provide for more houses because
1392 they are going to have some capital in that project. So I do not have a good answer for you. 1
1393 have just been tasked with bringing these speakers in to provide these questions. I have my own
1394 kind of professional opinion about how you could solve some of those but it all involves trade offs.
1395 And certainly if you have a lower threshold that engages zoning,you will create a higher cost to
1396 development in Orange County to create more homes and if you increase the threshold, I think it
1397 will allow more by-right subdivision in the county,which will create more homes but be more
1398 disruptive to the character. But that is unavoidable. Do we have standards that can buffer that
1399 either through literally landscape buffering or open space requirements. Or to your point about
1400 principles,where those homes must be located on the tract relative to the right of way, public
1401 rights of way and property boundaries. Do we have sort of essentially a development setback and
1402 we have not had those conversations at this point. I feel like that the coming year, you are going
1403 to have what the land use plan should be. Ideally, it would be a really good time to have those
1404 really generative kind of roll-your-sleeves-up conversations because typically the cadence of how
1405 things go is you are adopting a visionary land use plan for the next 25 years and then you amend
1406 your ordinance to reflect the values of the plan. So, if we are going to do that,what should that
1407 ordinance then reflect and what are the priorities of the county? I know that the county said they
1408 are all priorities, but they cannot all be priorities everywhere,so how do we do that?
1409
1410 Othlone McCalla: Yes,yes.
1411
1412 Chris Johnston: Okay. If it is in relation,that is fine.
1413
1414 Othlone McCalla: Okay. So, my question is how it is going to be to research,and it seems like there is five to six
1415 permits that are required for developers. Right?
1416
1417 Cy Stober: I am sorry. I missed the first part of your question.
1418
1419 Othlone McCalla: Five to six permits that are required for developers. Right? So,for example,we will have, let us
1420 see here. Stormwater management permit,and stuff like that. Right?
1421
1422 Cy Stober: Yeah. That seems about right. Yeah.
1423
1424 Othlone McCalla: And can you recall what is the cost for land clearing permit for Orange County? Do you know
1425 what the cost is?
1426
1427 Cy Stober: It depends on where you are. Land disturbance, if we have differing costs based on watershed.
32
DRAFT
1428
1429 Othlone McCalla: Okay.
1430
1431 Cy Stober: And also the area of disturbance. So, it's proportional to the area of disturbance, and then also
1432 which watershed you're in.
1433
1434 Othlone McCalla: Okay. So,why I asked is I saw where we had permit costs going from$200.00 to$600.00.
1435 Right? So, if you were to look at reducing the cost of permits,would that be an incentive to get
1436 more persons involved in terms of developments?
1437
1438 Cy Stober: It would be. I was also directed by the commissioners to increase all of our permits this year to
1439 balance the budget. So.
1440
1441 Charity Kirk: I think, I think we're getting off topic. The key question is do we want to release control over to the
1442 ordinance because we don't really have control anyway. But are we okay with not seeing any of
1443 these major subdivisions come through because we can't do anything anyway.
1444
1445 Statler Gilfillen: I would like to raise a question.
1446
1447 Cy Stober: So, hold on.
1448
1449 Charity Kirk: I think Beth is next.
1450
1451 Chris Johnston: Yeah. Are you good?
1452
1453 Othlone McCalla: So, I think the primary goal is for us to increase development in Orange County. Right? That's
1454 one of the goals. right?
1455
1456 Chris Johnston: That depends on who you ask.
1457
1458 Othlone McCalla: Is not that the goal? That you want to increase the housing stock in the county. Right?
1459
1460 Cy Stober: I think, no. The commissioner's goal was to increase,to eliminate obstacles for flexible
1461 development. So,flexible development can provide slightly more homes, but they preserve more
1462 open space at the same time. So, it's kind of a win,win. So,you get more open space protection
1463 for smaller lots, but with those smaller lots,you can typically get a couple,you can squeeze a
1464 couple more onto a property than you would otherwise.
1465
1466 Chris Johnston: But he did not say the word affordable in any of that.
1467
1468 Beth Bronson: Nothing about this has to do with creating affordable housing.
1469
1470 Chris Johnston: So, let us look back on that. Beth, I believe you were next in line for your questions in regards to
1471 the presentation.
1472
1473 Beth Bronson: Yep. Yeah. It's a lot of questions that are circulating around, and I can absolutely understand this
1474 concern of eliminating the planning board from these reviews, even though we are not providing
1475 approval or denial. We are providing recommendations to the county commissioners in which
1476 they, as well, have a lot of other priorities,and I do have a couple questions about the wording.
1477 So, I will stop there and come back to that point, but you had mentioned about minor regulated
1478 versus exempt some divisions, and your point being that rather than be regulated as a minor
1479 subdivision, they normally just exempt themselves by meeting the state-level criteria. Is that
1480 correct?
1481
1482 Cy Stober: Expedited.
33
DRAFT
1483
1484 Beth Bronson: Okay. Expedited. So, rather than be a minor regulated,they will just go through the expedited,
1485 minor expedited?
1486
1487 Cy Stober: Yeah.
1488
1489 Beth Bronson: Okay.
1490
1491 Cy Stober: Minor expedited.
1492
1493 Beth Bronson: And that just means that they have met every state level criteria for development standards for a
1494 minor subdivision.
1495
1496 Cy Stober: Well, there is no development standards except the ingress egress. The state standards just say
1497 they are basically like, "You have not used this more than once in 10 years, and you meet all the
1498 local zoning requirements."
1499
1500 Beth Bronson: Zoning requirements.
1501
1502 Cy Stober: Yeah.
1503
1504 Beth Bronson: Right. And so that is the other question is that if there has to be a zoning atlas amendment
1505 regardless of what type of subdivision it is, does it still have to come to the board?
1506
1507 Cy Stober: Oh, yeah. A zoning atlas amendment is rezoning, and that comes to this board every time by
1508 state law.
1509
1510 Beth Bronson: So, any time we went from agricultural to residential to say R15-
1511
1512 Cy Stober: Anything.
1513
1514 Beth Bronson: Anything.
1515
1516 Cy Stober: Anything at all.
1517
1518 Beth Bronson: And so, if there was 25 acres of agricultural residential,and then they wanted to subdivide that to
1519 a point that the density would require rezoning,what about this amendment changes that rezoning
1520 process?
1521
1522 Cy Stober: Nothing.
1523
1524 Beth Bronson: Thank you.
1525
1526 Cy Stober: The thresholds are still the same.
1527
1528 Beth Bronson: The thresholds remain for rezoning, in which case anything that had to be rezoned would still
1529 come before the planning board.
1530
1531 Cy Stober: By state law and local ordinance.
1532
1533 Beth Bronson: And have a public hearing.
1534
1535 Cy Stober: Correct.
1536
1537 Beth Bronson: Okay.
34
DRAFT
1538
1539 Cy Stober: NIM.
1540
1541 Beth Bronson: And what? NIM.
1542
1543 Cy Stober: Neighborhood meeting,at least one planning board meeting, and the public hearing before the
1544 commissioners.
1545
1546 Beth Bronson: Correct.
1547
1548 Cy Stober: Yeah.
1549
1550 Beth Bronson: Correct. And then there is, sorry. I am getting back to this. There is a question about Section
1551 2.27, and I am trying to find that section. It's the very end of the procedures, and I do not know if it
1552 is a new section. Is it 2.2.7? Or 2.27? Because we get down to 2.26, and I apologize, but it's
1553 basically sub phasing may not be allowed for proportional or partial provision of performance
1554 guarantees. Yeah. So,thinking about Section 2.27, and again,trying to get to that, I got as far as
1555 2.26, and then I think because I don't have my mouse out, I maybe just be going past it.
1556
1557 Cy Stober: I think it is 2.7.
1558
1559 Beth Bronson: So, it gets down to 2.2, 2.26.5,which is why it is, confused me.
1560
1561 Perdita Holtz: 2.27 is not in the amendment package.
1562
1563 Beth Bronson: Thank you. Okay. Then I might have a question later. But that makes sense, and again,
1564 Section 2 being procedural and as long as 2.27 does not have to be amended. The other concern
1565 or question that I would like to pose to the board is that this time last year or so,we amended the
1566 LIDO procedures to reduce the amount of time for the neighborhood information meeting.
1567 Because I am in agreement on principle for this amendment, I would like to think about maybe
1568 reverting back or looking at increasing the calendar days that the applicant has to provide
1569 notification to the neighbors. So right now it stands at 14 calendar days, and it says that it should
1570 be posted at least 14 calendar days or be mailed by first class mail at least 14 calendar days prior
1571 to the date of the meeting,and since the time that we amended that from 30, 1 believe or 45 to 14
1572 calendar days, the mail has changed, and I would like to consider maybe increasing that
1573 notification threshold, and that is up,that is just,so now I am thinking about just in the sense of if
1574 the neighborhood information meeting becomes that opportunity for the affected public, right,to be
1575 notified to find information to make an assessment and to discuss with the applicant who is
1576 proposing the subdivision, I think maybe there should be more calendar days available to those
1577 neighbors within 1,000 feet. So that was another, like, question that I had or comment that I had
1578 that I want to depose. The development advisory committee is retained and is a very important
1579 part of the staff and interdepartmental discussions about looking at an application, correct?And
1580 there is this idea that if you incorporated an additional appointment of a planning board member
1581 even if it was rotating. Just one planning board member could be present for a DAC meeting.
1582 That might be a way to include the publicly, like,this appointed advisory board into that early
1583 phase planning so that not only is staff and other departments aware of plans coming through but
1584 they are also satisfying the ability for us to feel informed. That would be a suggestion. And then
1585 the only other thing I said, I would think is that any staff review for a major or minor subdivision
1586 that would not go to us as part of this amendment,just be included as an informational item in
1587 planning board agendas.
1588
1589 Charity Kirk: We have never had the minor ones.
1590
1591 Beth Bronson: In subdivision, I mean, no. No,we do not have the expedited or the exempt that do not come
1592 before the planning board now, I mean.
35
DRAFT
1593
1594 Cy Stober: They still would not.
1595
1596 Beth Bronson: They still,well, they still would not or they, or they could. They could just be an informational item
1597 of like here is every application.
1598
1599 Cy Stober: And we could not require the applicant to do that.
1600
1601 Beth Bronson: No. No. It sounds like a lot.
1602
1603 Cy Stober: Yeah. And Taylor does a great job of documenting everything that the DAC reviews. We could
1604 summarize that easily for I think we may have, I am going to talk to Taylor, but I mean, I think that
1605 should be more of a policy. I do not think that belongs in the ordinance. I would be happy to have
1606 to have that conversation about how we respond to your interests.
1607
1608 Beth Bronson: 100 percent.And I think that that gets to this kind of full thing because I, all right, I have a full
1609 review, like, but the only other question I had about the amendment was that Section 7.2.2,yup,
1610 minor subdivisions. The expedited minor subdivisions, Section A, Subpart 2, no part of the tract or
1611 parcel should be divided via the expedited minor subdivision process within the past 10 years prior
1612 to plat recordation, and what is the difference in this expedited minor subdivision 10-year
1613 threshold versus the 2003 threshold?
1614
1615 Cy Stober: The 2003 applies to the lot count as it relates to its zoning. One does, one would, an application
1616 have to go to zoning when you tip over into zoning, but yeah, and we could not compel because
1617 state law trumps local law. An expedited action would have to defer to the rights of the property
1618 owner to have, to divide their land using the expedited tool if they satisfy all those requirements.
1619 And that 10-year threshold that is literally just updating our ordinance language to match verbatim
1620 state law.
1621
1622 Beth Bronson: Okay.
1623
1624 Cy Stober: Yeah.
1625
1626 Beth Bronson: Nope. That is totally fine. I just wanted to make sure that I was still understanding where you
1627 were switching it from that,those past 10 years to 2003.
1628
1629 Cy Stober: That is just updating it to match the state law.
1630
1631 Beth Bronson: Yup into the 2003 threshold applying to rezoning.
1632
1633 Cy Stober: And then I think I found the language at least but not in the section. I do not know what page of
1634 your packet it is on, but it is Page 231 of the ordinance, and it is in,that is 2.9.1.G, the effect of
1635 approval.
1636
1637 Beth Bronson: Talking about 2.27.
1638
1639 Cy Stober: What you called 2.27 1 found that language that you were referring to.About sub phasing may not
1640 allow for proportional or partial provision of performance guarantees as allowed by Section 2.27,
1641 so Section 2.27 is just performance guarantees. They have not been,that section has not been
1642 amended at all.That just provides for the bonding of outstanding promises associated with a
1643 subdivision, so all that is saying is that sub, you can sub-phase as an applicant. You can come in,
1644 and if you decide to sub-phase your project, and you want to do only three lots at a time, bully for
1645 you. That is great. We will reserve the authority to say whether that is acceptable or not. Even if
1646 we do say it is acceptable though,you are giving us the full bond for that stormwater device. You
1647 are giving us the full bond for that landscaping.
36
DRAFT
1648
1649 Beth Bronson: Okay.
1650
1651 Cy Stober: You do not get out of that.
1652
1653 Beth Bronson: Okay.
1654
1655 Cy Stober: Yeah.
1656
1657 Beth Bronson: Because, again, like,what I do not want to see is a bunch of these applications come through and
1658 because of this new streamlining process, it is easier for proposals and preliminary plats with all of
1659 their Ts crossed and I's dotted to come in and then give up and sell out and then you are left with
1660 a roadway.
1661
1662 Cy Stober: Sure.
1663
1664 Beth Bronson: On a piece of farmland that could otherwise be reconverted, right.
1665
1666 Cy Stober: So,yeah. This gives us more teeth to require that bond up front, and it gives us the ability to call
1667 that bond. Does the county have an interest in building a road to nowhere? No. So,we also
1668 have the discretion on calling the bond or not. If somebody goes bankrupt, if the developments
1669 have billed out,we have to,we,we have an interest in converting that stormwater device to
1670 function appropriately.
1671
1672 Beth Bronson: Yup.
1673
1674 Cy Stober: We do not have an interest in extending the road beyond where it already is, so we may not call
1675 that bond, but we have the ability to do it. And/or that bond can be passed onto another developer
1676 who has the financial means to complete the project.
1677
1678 Beth Bronson: Thank you.
1679
1680 Cy Stober: Yeah.
1681
1682 Beth Bronson: And I think this gets back to this overall point that I am trying to understand is, like,trusting staff to
1683 make these decisions based on the ordinance and state level requirements as are written, right?
1684 By taking these concept plans and preliminary plats which I know that, I know that I have been
1685 part of more than one discussion where our interpretation of a concept plan is way more
1686 convoluted than the concept plan actually stands, right? So, like,we are taking,we are putting
1687 way more weight on a concept plan and developers are now able to, like, promise certain things
1688 or, or suggest certain things that they will do, but that does not put that in writing, right? So then it
1689 just becomes a very long conversation and so by not putting it back out for public opinion and
1690 therefore trusting the process that we have in place in our county, like that is what this
1691 amendment, like looks like to me, right? And all that to say I think that that places a larger
1692 oneness on people in the planning board to proactively or reactively identify the standards that
1693 they feel confirm better to long-range planning, development goals,and the qualities of the county
1694 that they want to see, and that does not just apply for the planning board members or commission.
1695 That applies for the public, right? So, yeah. I think that to your point,what you were talking about
1696 is that there are not, there is no policy, or there is no standards related to what they are required
1697 to do, so these questions that we are asking during some of these,you know, applicant
1698 presentations,there is no, like,one, yeah,there is no, there is no recourse for us, right? But what
1699 we can do is now react to any development moving forward or any development that has been in
1700 place for the last 10 years, like, it puts an oneness on us as they, and advisory board,to suggest
1701 to the commissioners what it is that we want to see, or what we think. You know, our community
1702 wants to see standardized or how we want to see it developed, like, do we want to set higher,you
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DRAFT
1703 know, restrictive districts on agricultural property that,you know, is super arable for farming, or do
1704 we want to,you know, intensify and increase this type of, you know, subdivision plat recording like
1705 closer to municipalities where inevitably,you know, if municipal utilities were expanded out,those
1706 neighborhoods would be the first to be hit. That, those are the types of things that I think that, like,
1707 that places an oneness back on us, and that is why we join these boards, so it is just something to
1708 think about as far as like rather than thinking about removing us from the process. It may place a
1709 higher responsibility on us to pay attention or for the public to use us as a resource.
1710
1711 Charity Krik: Can you clarify what your suggestions were? It was to lengthen the NIM meanings.
1712
1713 Beth Bronson: Increase the time to notification.
1714
1715 Charity Kirk: You would suggest that before, before approval because you feel the mail is, does not come in
1716 14 days or does not come quickly enough?
1717
1718 Beth Bronson: No. I feel like even if it came in 14 days, it is not enough time for the neighbors to receive,
1719 understand, reply, and make an assessment. I did not think so when we passed the ordinance or
1720 the LIDO amendment, and this is a great opportunity to suggest that instead of the 14-day
1721 requirement,we go back to a 30-day requirement because the neighborhood information meeting
1722 becomes the main point of public awareness for these subdivisions.
1723
1724 Chris Johnston: So,what we can is add that as a potential amendment,vote on it separately as an add on and
1725 then move forward from there.
1726
1727 Charity Kirk: Yup. That, but was that your,you have lots of thoughts, but that was the one thing about the
1728 amendment or was there something else.
1729
1730 Beth Bronson: Yeah,that was a suggested.
1731
1732 Chris Johnston: Yup.
1733
1734 Charity Kirk: Okay. Was it,was there anything else?
1735
1736 Beth Bronson: As far as the change? Oh. No. I think that anything I suggested like incorporating a planning
1737 board member into the development advisory committee just for awareness and then including it
1738 as an informational item. I think all of those can be done at the next meeting.
1739
1740 Charity Kirk: Okay.
1741
1742 Beth Bronson: Like, that could be a suggestion in the coming months. I do not think that has to be added, like, 1
1743 do not think that has to be included in this amendment. But I do think that these are things that
1744 rather than thinking about us being excluded,we can think about how are we going to participate
1745 more.
1746
1747 Charity Kirk: How do we become better informed?
1748
1749 Beth Bronson: How do we participate more,yes. How do we become better informed in that sense, but yeah,
1750 there is, all of the information is there. It is out there.
1751
1752 Charity Kirk: Okay.
1753
1754 Beth Bronson: Mm hmm.
1755
1756 Charity Kirk: I do not have anything. Believe it or not.
1757
38
DRAFT
1758 Chris Johnston: Oh, okay. I will reserve to the end with Statler.
1759
1760 Statler Gilfillen: So, I believe that you and your staff are one of our primary sources about the specifics of the
1761 legislation that is presented before us that we rely upon. However, as I read through these
1762 documents, and it goes back to the slide you had earlier that I raised the point where the board
1763 was crossed off, and I look at Section 2.26.3,the planning board decisions,and those have been
1764 deleted. I raised the question about the access to the public. Now, my experience as a
1765 professional architect and having been on many boards and raised attending boards because my
1766 father was an architect, is that many people will make statements based upon feelings that may
1767 seem very subjective, but when you listen to what they have said,they often are a different
1768 interpretation of the law itself,and I believe one of our goals is to try to listen to the public
1769 particularly where what they are saying might differ with the conclusion your staff could have come
1770 to. I think that is vital. What I am seeing happening in these documents is that our board is being
1771 removed more and more from the access of the public itself to listen to so that we can raise those
1772 questions as professionals. I am concerned about that. Can you respond to that at all?
1773
1774 Cy Stober: I would just say that we are not coming to conclusions. We are regulating. We are not making
1775 any qualitative analysis of a project at all.We regulate the project that is submitted to us and
1776 determine if it satisfies the requirements of the ordinance. I think there is a valuable role for the
1777 neighborhood meeting, and I think there is a valuable role that the planning board could have and
1778 then having an informal conversation that is not bound by the structures of the ordinance, but the
1779 responsibility of the planning staff is to enforce the ordinance. That is our fundamental
1780 responsibility.And that is our job here, and again, subdivisions, if they comply and the property
1781 rights of those who are applying for a subdivision whether it is two lots or whether it is 20 is that
1782 they have a right to subdivide the land if they meet these standards, and if the standards are not
1783 adequate or satisfactory to the planning board, that is a different discussion than what I am
1784 proposing, but 1,what this amendment package is proposing to do is to,again to Taylor's point,
1785 remove this appearance of a discretionary process when in fact it is a regulatory process. There
1786 is no discretion here,and Taylor and her staff do an excellent job of enforcing the ordinance and
1787 making sure that the standards that exist in here are enforced, and if they are not that we are
1788 following up on it, and we are making sure that any approved applications for subdivision in the
1789 county meet the standards that exist in the ordinance.
1790
1791 Statler Gilfillen: Are you suggesting that it is impossible or has never happened that in your enforcing those
1792 legislations that your decision of the enforcement might not be accurate? Is it possible?
1793
1794 Cy Stober: Of course.
1795
1796 Statler Gilfillen: Thank you. Is therefore not having this board which has a certain review over this be more
1797 engaged with the public important to the safety and security of the public.
1798
1799 Cy Stober: I would say, if you do not have confidence in my ability to do my job, you need to talk to the county
1800 manager.
1801
1802 Statler Gilfillen: I am not saying that I do not have confidence in you.
1803
1804 Cy Stober: That is just what you insinuated.
1805
1806 Statler Gilfillen: I started with that statement very first, Cy. First thing I said,we rely upon you, but sometimes
1807 listening to the public might raise an issue because I am not perfect. I have made many mistakes
1808 as a professional in my life, but listening to the public, one of the goals of this board is to listen to
1809 them because sometimes no matter how perfect your group is, and I think they are exceptionally
1810 good, mistakes do get made, and I think part of the role of this board is to help listen, and if that
1811 has happened, deal with it.
1812
39
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1813 Chris Johnston: I want to be clear too,when we talk about mistakes are made, I want to be clear, are we talking
1814 about mistakes of execution of the ordinance as written or mistakes specifically in that the
1815 ordinance does not cover the values that we want it to comport?
1816
1817 Statler Gilfillen: Particularly the first one.The interpretation of the law as it is done because often can be
1818 subjective.
1819
1820 Chris Johnston: Sure. So I would say to Cy's point on that one, if there is a quality of work issue, I think that is a
1821 separate conversation than the ordinances are not specific or following the values that we are
1822 trying to put forth, and I think that is our role here as the planning board. If there is a question
1823 about an ordinance not being followed, I think that would be incumbent on either,you know,
1824 someone with a complaint to bring it through the appropriate channels at that point. That,that
1825 would be my take on that. Is that an inaccurate statement?
1826
1827 Statler Gilfillen: Well we need to find the appropriate channels. Would that not start with us listening to members
1828 of the public?
1829
1830 Chris Johnston: Well,what would we do at that point. We would then take it to the county commissioners or
1831 whatever the case may be. In some ways we are not the appropriate avenue for,for questions of
1832 whether or not an ordinance is being followed by the letter of the law. We are a recommendation
1833 board to county commissioners who then are the county manager's boss, and the county manager
1834 then takes care of whatever issue might be arising from there. Is that, is that an accurate
1835 representation of that particular avenue, if there is a, someone is not following the ordinances as
1836 written,which I believe is your,your concern.
1837
1838 Statler Gilfillen: I am concerned that we listen to the public itself. And they are the people we are first level to
1839 serve. Our advisers are excellent, but because we are all human, mistakes can be made. I think
1840 seeing this is starting to cut the board out more and more from access to the public. That is my
1841 concern.
1842
1843 Chris Johnston: And I, and I think there are legitimate questions there in regards to making sure that the public has
1844 the appropriate venue in which to say my feelings or my concerns as a member of the public are
1845 not being addressed, and I think that is a valid concern, and I think making sure that we do that in
1846 a way that is appropriate and also does not provide a false sense of hope, right?
1847
1848 Statler Gilfillen: Thank you.
1849
1850 Chris Johnston: Yeah. Absolutely. So. Do you have any additional questions?
1851
1852 Statler Gilfillen: No.
1853
1854 Chris Johnston: Okay,wonderful.Venkat.
1855
1856 Venkat Yendapalli: Yup. Yeah, my colleagues already have asked a lot of questions about the changes, but I would
1857 go one step up and ask what are the objectives that are driving these changes?
1858
1859 Cy Stober: Yeah, I would just return to the,the first slides that I showed,so Commissioner Green wanted to
1860 remove obstacles to the flexible development option, and achieve open space in the process, and
1861 then following the presentation of two by right major subdivisions to the board, I believe it was
1862 Commissioner Portie-Ascott asked where we were on this amendment of a year and a half ago,
1863 and I said I was continuing to work on it. It came up again as part of the comprehensive plan
1864 conversations. They do not want these plats presented to them if they fulfill all the requirements
1865 of the ordinance. So that is,that is the high-level objective here. They are satisfied with the
1866 subdivision standards to a degree. There is a robust conversation happening as part of the land-
1867 use plan. If you have had the opportunity to attend any of those work sessions, or again, I sent
40
DRAFT
1868 out an email, geez, somewhere around the holidays about, I cannot remember if it was before or
1869 after December,with the slide decks and the audio and video for those work sessions about how
1870 you balance a true conservation subdivision that will preserve more than just the most
1871 environmentally sensitive areas that allows for smaller lot sizes, how do you achieve that balance,
1872 how do you integrate innovative community waste water and water systems into that and then
1873 what is the relationship to that to the cost of the home has all been presented to the
1874 commissioners as part of the land-use plan, and there is no easy answer there for me or for you or
1875 for the elected board, so I think that we do not have resolution on exactly what the standards
1876 should evolve into, but 1,we do, I have clear direction from the board of commissioners that they
1877 want the centers that are in place now, if we get a subdivision application that meets them,they
1878 want that to be an administrative approval.
1879
1880 Venkat Yendapalli: Okay. And one other question I have is about the flow charts. Flow charts are very useful tool for
1881 applicants. And even when I was being trained by Perdita,and we were able to understand the
1882 process, so fast by looking at it just one glance, up and down the chart, you can tell,oh,what is
1883 the process to go through versus reading a lot of text. So, I think my suggestion or, I do not know
1884 about colleagues, but my suggestion is to have them in there, but again, it is just one person
1885 giving suggestion here about,about that particular change.
1886
1887 Cy Stober: I love flow charts. I like flow charts as well. I just want to reemphasize,and I would actually ask
1888 Taylor to chime in about their value in the application process in communicating, especially with
1889 applicants that are not used to our process. I am happy with flow charts, but they are a guidance
1890 material, and I want to really focus the ordinance on regulation, so I do not want to lose the flow
1891 charts. I just want to relocate them out of the ordinance. That is, that is the goal.
1892
1893 Venkat Yendapalli: Out of ordinance. Okay, they are still there.
1894
1895 Taylor Perschau: Exactly. We have a lot of outside resources that we use on a daily basis that are far more
1896 readable than what is available in the ordinance.
1897
1898 Venkat Yendapalli: Okay. Thank you.
1899
1900 Chris Johnston: Do you have any further questions?
1901
1902 Venkat Yendapalli: No.
1903
1904 Chris Johnston: All right,so I have a few questions. In regard to, so I understand that there is NIMs for rezoning,
1905 and also this is the subdivision side of things, correct? So this is,we are talking subdivision NIMs
1906 when we are talking about what is continuing going forward, correct?
1907
1908 Cy Stober: Yeah. We also have neighborhood information meetings for special use permits, and for
1909 government uses.
1910
1911 Chris Johnston: So. I guess my question is, are we required to alert the neighbors 1,000 feet from property for
1912 subdivision by right usages at all?
1913
1914 Cy Stober: No.
1915
1916 Chris Johnston: No. So my next question is, should we have those? Is it valuable to have those if our feelings are
1917 that the public does not necessarily have a say in regard to,we are putting on a neighborhood
1918 information meeting. You are going to come out and hear about our proposal, but by right we are
1919 allowed to do this, and you may get some level of concession if we feel generous about it, but
1920 there is not really any kind of leverage that the public has in that regard as well. Is there a
1921 purpose of keeping the names for this particular set of procedure if again the problem is that they
41
DRAFT
1922 feel that there is no avenue for them to make changes because they do not actually have the
1923 ability to make changes.
1924
1925 Cy Stober: It depends on who you ask. They retain the NIMs for subdivisions in the ordinance based upon
1926 the feedback from the ordinance review committee, and so I initially was considering eliminating
1927 them, but to that purpose, the ordinance review committee identified them as a valuable step in
1928 the process particularly if the concept plan can be integrated into them. There is, I have to say,
1929 there is a legal perspective that you are burdening private property owners unduly by requiring
1930 them to do all these additional steps. This applies more to sort of quasi-judicial processes and the
1931 fact that there is some potential daylight there that, legal daylight, that we are providing an unfair
1932 burden on private property in order to realize their by right use of the property by requiring that.
1933 But we have retained it. I think it is fine to keep it in there.
1934
1935 Chris Johnston: But is there not that same concern about,what am I trying to say, equity or access or false hope?
1936
1937 Cy Stober: I mean, I really think the value of the NIM and as Randall Arendt presented it as,for an informal
1938 discussion and conversation about, like, oh,well,you know, that is not a legacy oak tree over
1939 there, but that is the tree everyone used to have a picnic under. Can it, it is not even identified in
1940 your protected are, but it would be important to us if you could keep that if you do not mind,that
1941 type of thing.
1942
1943 Charity Kirk: And I think it is a human/human interaction, and it is a fairly low bar to ask for.
1944
1945 Chris Johnston: I want to be clear, I love NIMs. I am like that is, I am pro for that, but I want to make sure that as
1946 we are going through and clearing out the chaff to keep the wheat that we are keeping the things
1947 that are valuable and are, are, are achieving the purpose that we have set out here which is to
1948 make sure that there is a clear, upfront process for everyone involved.
1949
1950 Cy Stober: There is a NIM that I would like to revise or completely delete if possible,would be for the special
1951 use permit. That is the one that gives me the most heartburn. This one seems to have a value
1952 and is the opportunity, and as your colleagues have spoken to for the public to be aware of the
1953 change coming to their neighboring property.
1954
1955 Chris Johnston: So, it is more of an awareness NIM than it is a change NIM.
1956
1957 Charity Kirk: But I mean,you have humans interacting with each other and that is just much more valuable for
1958 getting developers to do stuff and learn about stuff.
1959
1960 Chris Johnston: So that is very true,and I think that is some of the concern that this planning board has is that that
1961 is also true of this planning board's meeting insomuch as it is an opportunity for the human to
1962 human interaction, but the benefit of the planning board meeting versus the NIM is that this is
1963 human to human interaction with which there are people who have answers, and the NIM does
1964 not have, as I understand it, people who have answers beyond the applicant themselves, and that
1965 feels weird. You are going to say something. I want to hear it.
1966
1967 Taylor Perschau: Well, I would add that I think that keeping the NIM in gets to the general desire for having a more
1968 informed public. I would say throughout the process any, any neighbor that has a concern,any
1969 opportunity to interact directly with the planner is often the most informative conversation that they
1970 can have. If it takes an invite to a neighborhood information meeting to get that neighbor the
1971 planner's contact information,that is great. In every NIM letter, the template that we provide does
1972 have direct staff contact.
1973
1974 Chris Johnston: Okay.
1975
42
DRAFT
1976 Taylor Perschau: In most cases, the concerned neighbor is going to find the planner regardless. I will say I have not
1977 heard any ire from subdivision applicants about NIMs in particular.
1978
1979 Chris Johnston: Okay.
1980
1981 Beth Bronson: To Charity's point, not being required to do a NIM might create less barriers for them to be willing
1982 to present their plans to the public. Right? Like I think that having any level of here is their
1983 concept plan or preliminary plat, it is important that they have enough vested interest or enough
1984 skin in the game, and they believe in it enough to present it to who will be their neighbors.
1985
1986 Chris Johnston: Sure.
1987
1988 Beth Bronson: Right? And,you know, NIMs are, these do become public information. Is that correct? Like with
1989 the application? So is it still publicly available for anybody to see or?
1990
1991 Cy Stober: No. For ADA compliance,we are going to have to all that information down off their website.
1992
1993 Chris Johnston: Next year.
1994
1995 Cy Stober: But who will,well, no. The fundamental information about who the applicant is,where the
1996 property is,what the subdivision is, how many lots will be created and access to a lot of the, the
1997 information about where they are in the process will still all be available, but the documents we
1998 cannot provide any longer.
1999
2000 Beth Bronson: I was going to say, the documents are no longer uploaded to the permit portal publicly.
2001
2002 Cy Stober: If they are, if they are, it is going to end soon.
2003
2004 Beth Bronson: They are not.
2005
2006 Cy Stober: Okay, great. That makes me feel better because that is a federal compliance requirement.
2007
2008 Beth Bronson: Good to know.
2009
2010 Chris Johnston: So bringing it back to my question though, right,we are making a decision in this, in this update as
2011 to which of these meeting venues to keep, and we have decided that the NIM is the thing to keep
2012 because it is informal, and it provides an avenue for the planners through the tip sheet or
2013 whatever the case may be, but again, I am, I am confused as to why this meeting is not that as
2014 well. What is the difference of this meeting versus that meeting other than the informality?
2015
2016 Taylor Perschau: I think they are the same, and I would say that I was in Cy's camp originally where I would have
2017 recommended removal but to the concern of removing information being publicly accessible, I do
2018 not have opposition to maintain the NIM. There is a very similar dynamic.
2019
2020 Chris Johnston: Yes.
2021
2022 Taylor Perschau: Yes,where the neighbors or the planning board cannot necessarily, cannot change the ordinance
2023 language.
2024
2025 Chris Johnston: Right.
2026
2027 Taylor Perschau: Nor can they apply it, as they are not the regulator.
2028
2029 Chris Johnston: Right.
2030
43
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2031 Beth Bronson: But they can identify it and then bring it back to the planning department and then reach out to the
2032 planning board.
2033
2034 Chris Johnston: But we are already here.
2035
2036 Bet Bronson: And send public comment.
2037
2038 Chris Johnston: Is that not the thing though.
2039
2040 Beth Bronson: Because of how much this costs and how much time and resources go into this where we have as
2041 much effect on change as those neighborhood information meetings.
2042
2043 Chris Johnston: Okay.
2044
2045 Charity Kirk: Well,we cannot,we have not,we cannot change it.
2046
2047 Beth Bronson: Does that make sense though?
2048
2049 Chris Johnston: Yeah. If, if the cost is the issue, that I totally understand too, right, Cy,you know, everyone else,
2050 takes time and effort to be here and that sort of thing and, and there are lots of these meetings,
2051 and, and,and if that is the concern,that is fine.
2052
2053 Beth Bronson: Applicant too. Applicant spends money preparing this.
2054
2055 Charity Kirk: But I think it is, I think what has been presented is we cannot do anything anyway.
2056
2057 Chris Johnston: Yes.
2058
2059 Charity Kirk: But I mean, it is the question of how much is just talking with someone helpful to get change, and
2060 where can we provide influence even though we cannot do anything.
2061
2062 Chris Johnston: But we are determining, oh, I am sorry, go ahead.
2063
2064 Cy Stober: I would just say what we have heard at conferences,what I know from the professional kind of
2065 scuttle bud about all of this is the less formal that setting is the better.
2066
2067 Chris Johnston: Interesting.
2068
2069 Cy Stober: The more productive it is.
2070
2071 Chris Johnston: Okay.
2072
2073 Cy Stober: And that is also what Randall Arendt shared with the board when he came and spoke to them is
2074 like, he likes to do it on site,and that raises all sorts of liability issues, like, twist your ankle on a
2075 tree ridge and then he is responsible and all that stuff. So we prefer to keep it at fire stations or, 1
2076 mean, shoot, even this room, but not at a formal board meeting, and I think that there is a policy
2077 there about making sure that we alert the planning board to NIMs that are being scheduled for
2078 major subdivisions certainly, and we can make sure that you,you are in the loop on those so you
2079 can attend, and you can have a, an, kind of informal, not kind of, an informal conversation that is
2080 not, does not again have this veneer of a formal meeting,and you are not in a position where
2081 your, Charity Kirk, planning board member sitting up here and some,with an appearance of a
2082 negotiation as opposed to a conversation.
2083
2084 Chris Johnston: That did it. I got it. That clicked, so what you are saying is because we are sitting here at the
2085 dais, because we are the planning board, the air of we can make changes in a way that sitting
44
DRAFT
2086 around a coffee pot does not. In terms of the NIMs that we would be alerted about just the major
2087 subdivisions right? Not the minor subdivisions?
2088
2089 Taylor Perschau: Minor subdivisions, and you create more than five lots. They do require a NIM.
2090
2091 Chris Johnston: Thank you. Okay. The plan to move forward is only to alert the planning board of the major
2092 subdivisions,the one a year.
2093
2094 Charity Kirk: Might as well do all the NIMs, like have a NIM calendar you can subscribe to and like say how
2095 much, because I mean,there is people who are really concerned about this and let them decide.
2096 Well, again, I think that this could be satisfied with a policy that sits outside the ordinance?
2097
2098 Charity Kirk: Yes. I would agree.
2099
2100 Cy Stober: If that is satisfactory to the planning board.
2101
2102 Chris Johnston: Yeah.
2103
2104 Charity Kirk: Yes.
2105
2106 Cy Stober: I would like to talk to Taylor. I would like to talk to Perdita about, like giving you the information
2107 about what is going on with exhausting the staff but and then just making sure that,yeah, I like the
2108 idea of a calendar that we can just link to and send you in the monthly newsletter possibly even or
2109 a monthly update to you all but something that is just kind of turn key and that we could even
2110 make it simple for everybody involved.
2111
2112 Chris Johnston: Because the vibe I get is the public interaction is how we learn about things that are missing,
2113 things that are not going correct per the ordinances and things along those lines, how we find out
2114 that the buffer requirements are wrong or people feel uncomfortable. Or whatever the case may
2115 be, and if it goes through the staff side,that is efficient. It is quick, and also, I think we lose at
2116 some level the ability to say, oh, this is not right. We need to dial it in at the next meeting and
2117 have the ordinance updated or amended or whatever the case may be. You know,yes,we are
2118 talking about,we are talking about subdivision ones. We are going to see all the zoning ones, all
2119 the other things along those lines, so in the grand scheme of things,when you go back to your bar
2120 chart or your pie chart,we are talking about this stuff right here, right that we are being potentially
2121 sidelined because we have no leverage. So what we are talking about here is the green and the
2122 purple. Right. What we are being removed from is the green and purple. We never had any input
2123 on blue. We never had any input on red.
2124
2125 Cy Stober: Or green.
2126
2127 Charity Kirk: Yeah, it is just the purple.
2128
2129 Chris Johnston: It is just the purple.
2130
2131 Beth Bronson: Just the purple.
2132
2133 Chris Johnston: Just the purple. Even better. Okay, great, so in terms of input from the public and input from,
2134 from the public at large,we are talking about a very small sliver where we are being regulated out,
2135 so that is all I have got.
2136
2137 Ana Garcia-Turner: Really quick.
2138
2139 Chris Johnston: Yes.
2140
45
DRAFT
2141 Ana Garcia-Turner: At what time of day is a traditional NIM held? Is it, I mean, are they held 10:00 to 11:00 when
2142 90 percent of the people are working,or are they held in the evenings and what happens if,you
2143 know, is consideration given to individuals that work in the evening so that they have a second
2144 NIM? I am just trying, 1, I have never had an invite.
2145
2146 Cy Stober: Yeah.
2147
2148 Ana Garcia-Turner: Would not know.
2149
2150 Cy Stober: I can give you an answer, but Taylor can give you a better answer.
2151
2152 Taylor Perschau: The ordinance does not regulate the time of day. I think historically they have been evening
2153 meetings, but since the amendment that asked for them to be recorded,there has also been more
2154 virtual meetings, so they have happened at all sorts of times.
2155
2156 Ana Garcia-Turner: But potentially a neighbor would not be able to participate even if they wanted to because they
2157 have work obligations.
2158
2159 Taylor Perschau: That is correct. They would,with the letter, receive contact info for the project manager on the
2160 development team and the planner, so they would still have opportunity to talk directly to the
2161 applicant as well as the planner, but yes. That is absolutely right. They might miss the meeting.
2162
2163 Ana Garcia-Turner: And are there considerations for individuals,for families, I am service, I have nervous legs at this
2164 point, I have been sitting for too long. Do not record that. What about for individuals that English
2165 is not their primary language?
2166
2167 Taylor Perschau: We do, so we provide,the staff does hav a template that does at the bottom have a script for if
2168 you require services, please reach out. That might not always translate to what the applicant
2169 sends out because the applicant is not required to use county materials. I think most do because
2170 it is already built out for them, but we do try to build in a language to at least if you need help,
2171 please reach out.
2172
2173 Cy Stober: That is exclusive for Spanish. We do not provide other languages.
2174
2175 Ana Garcia-Turner: So, it is not for the Burmese? Sorry.
2176
2177 Cy Stober: No, not currently. We do not have those languages. Generally, that has come up.
2178
2179 Ana Garcia-Turner: But at least you have something for one population.
2180
2181 Cy Stober: For Spanish speaking.Yes, our largest minority is non-English population, yes. And then to
2182 Taylor's point,what I have observed,so this is,this is not data,this is observation, is most NIMs
2183 that are held in person are held at 5:00. Most of them are either at the library here in town or often
2184 1 feel like it is the Orange Grove Fire Station or,you know fire stations, a lot of the time.
2185 Sometimes at churches, but often at 5:00 or 6:00, and, but the virtual ones I am seeing a lot on
2186 the weekends actually I have seen a number of like midday Saturday NIMs. Not always. Some of
2187 them are also 7:00 or 8:00 at night on weeknights, so that are virtual.
2188
2189 Venkat Yendapalli: I attended a few neighborhood meetings, and they were mostly in the evenings. I have seen
2190 some in the afternoon, but some of them are, in relation to what you said, Cy,they happened at
2191 community centers also, like in Cedar Grove or Efland.
2192
2193 Chris Johnston: All right,so I am going to take a moment. We have all had an opportunity to ask our primary
2194 questions. Does every feel like they have had a chance to speak, had their questions either
46
DRAFT
2195 answered by themselves or by someone else's questions,and does anyone have any follow up or
2196 very brief last-minute thoughts. I love the shaking of heads.
2197
2198 Beth Bronson: Yeah. Make a motion to update the notices of the NIM to be mailed by first class at least 30 days
2199 prior to the date of the meeting. That would be,or, again, my brief comment is, I could propose
2200 this motion, or we could just ask that it go on to the next month agenda that we review the N I M
2201 procedure on review.
2202
2203 Chris Johnston: This is the appropriate avenue in which to change something outside of this particular amendment
2204 process.
2205
2206 Cy Stober: The board is an advisor board to the commissioners. Yeah,that would be fine. You could either
2207 do it as a friendly amendment or a separate amendment. Or a separate motion.
2208
2209 Charity Kirk: I'd like to review the NIMs, but I felt like we already did that, and I missed that meeting last year.
2210 So. I do not know which I did not.
2211
2212 Cy Stober: Well, if it is just about the notice time,then that is simple enough, but if it is about the NIMs in a
2213 whole, then that is a different conversation.
2214
2215 Chris Johnston: Beth, if you would like to have a friendly amendment in regard to that particular item.
2216
2217 Beth Bronson: A friendly amendment that the notices of the NIMs are emailed by first-class mail at least 30
2218 calendar days prior to the date of the meeting.
2219
2220 Chris Johnston: So, at this point, I would need a second.
2221
2222 Venkat Yendapalli: Well before we make, I want to ask another follow-up question to Beth's question. So, if the
2223 original intent was to speed up the process, applicants the time applicant has to calculate, instead
2224 of going 30 days straight back all the way where we were before.
2225
2226 Beth Bronson: It was 45 before.
2227
2228 Venkat Yendapalli: Forty-five before? Oh, okay. then I agree. I thought it was 30, and we went to 15, like I was
2229 going to suggest going to 21 instead and stuff, okay.
2230
2231 Chris Johnston: Well,we are still looking for that second. The friendly amendment is to add a request to extend the
2232 NIMs alerting day from 14 days to 30 days for both first class mail and, or is it just the first-class
2233 mail component?
2234
2235 Beth Bronson: First class mail at least 30 calendar days prior to the date of the meeting.
2236
2237 Chris Johnston: Okay.
2238
2239 Beth Bronson: I have no worries about the sign. I just care that the 1,000 residents get notified in an, in an
2240 orderly manner that they have the opportunity to receive, understand,and then schedule
2241 themselves to attend the neighborhood information meeting.
2242
2243 Chris Johnston: And we will make sure before we get that second in. You had a question.
2244
2245 Ana Garcia-Turner: No, no. I was trying to remember, I know it says a couple of different points for,for 14 days, I just
2246 could not remember them all,and it is okay.
2247
2248 Beth Bronson: There is also a 14-day, 14 calendar days prior to post a sign about the N I M on the property.
2249
47
DRAFT
2250 Ana Garcia-Turner: So, I would say then 30 days for that as well. I mean, a uniform across the board.
2251
2252 Chris Johnston: Would you like to have a competing amendment,an unfriendly, no I am kidding. Would you
2253 accept 30 days for all notification for NIMs for your amendment?
2254
2255 Beth Bronson: Yes.
2256
2257 Chris Johnston: Okay, great. But I still need a second though.
2258
2259 Ana Garcia-Turner: Second.
2260
2261 Chris Johnston: Okay. We got our second, so we have a notification update from 14 days of all types of
2262 notifications to 30 days for all types of notifications for the friendly amendment to this particular
2263 set. Can I get a all in favor show of hands. Okay, I have just four, one, two,three,four, keep
2264 them up because we are counting,five,so we have five in favor. All those opposed. One,two,
2265 three,four. I believe that is enough for a recommendation to move it from 14 to 30. Thank you.
2266
2267 MOTION BY Beth Bronson to create a friendly amendment to NIM notification. Seconded by Ana Garcia-Turner.
2268
2269 MOTION PASSED 5-4:Venkat Yendapalli, Beth Bronson,Whitney Watson, Meg Millard,and Ana Garcia-Turner in
2270 favor. Chris Johnston, Charity Kirk, Statler GiIfillen, and Othlone McCalla opposed.
2271
2272 Charity Kirk: I would like to make a motion to recommend the statement of approval and consistency and
2273 attachment to and the draft ordinance to amend UDO Attachment 1 along with the amendment
2274 that was just approved.
2275
2276 Chris Johnston: I have a motion. Do I have a second.
2277
2278 Beth Bronson: Second.
2279
2280 Chris Johnston: Second from Beth. All those in favor, please raise your hands,just one. All right. We have
2281 everyone's hand up except for Statler. All those opposed. Statler. So the motion carries.
2282
2283 MOTION BY Charity Kirk to approve with the friendly amendment. Seconded by Beth Bronson.
2284
2285 MOTION PASSED 8-1: Statler GiIfillen opposed.
2286
2287 Chris Johnston: All right. Wonderful. All right, is there anything else that you need in this regard?
2288
2289 Cy Stober: Not in this regard, no.
2290
2291 AGENDA ITEM 10: ADJOURNMENT
2292
2293
2294 Chis Johnston: Perfect. Now I think we are on to Item No. 10, adjournment. I need a motion to adjourn.
2295
2296 Cy Stober: Before you adjourn.You did not go through the calendar date by date. I just wanted to remind the
2297 planning board it is not, if you are not aware already, the budget hearings are coming up in May.
2298 This is going to be a very difficult budget year for the county,so, you may want to tune in if you
2299 have not already.
2300
2301 Beth Bronson: There is going to be a public hearing on the,well there was a, there was a public hearing last
2302 Tuesday, yesterday, that I recommend that everybody watch on the capital investment projects.
2303 There is a public hearing on the budget considerations next Tuesday the 14th, and there is a
48
DRAFT
2304 subsequent public hearing on 20th I believe, but there are information sessions on the 14th,the
2305 20th, and the 21st.
2306
2307 Chris Johnston: So, motion to adjourn.
2308
2309 Charity Kirk: I make a motion to adjourn.
2310
2311 Chris Johnston: Thank you. Second?
2312
2313 Venkat Yendapalli: Second.
2314
2315 Chris Johnston: All in favor.
2316
2317 MOTION BY Charity Kirk to adjourn the meeting. Seconded by Venkat Yendapalli.
2318
2319 MOTION PASSED UNANIMOUSLY
2320
2321 The meeting adjourned at 9:48 PM
49
DRAFT
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 MAY 6,2026
4 PLANNING BOARD TRAINING MEETING
5
6
7 NOTE: ATTENDANCE IS NOT MANDATORY AND A QUORUM IS NOT REQUIRED FOR TRAINING MEETINGS.
8
9 MEMBERS PRESENT: Statler Gilfillen, Eno Township Representative;Ana Garcia-Turner, Chapel Hill Township
10 Representative; Othlone McCalla,At-Large Representative.
11
12 STAFF PRESENT: Perdita Holtz, Deputy Director—Long Range Planning &Administration; Jack Moran, Planner 1
13
14 The training session began at 6:00 PM
15
16 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION-STAFF WILL LEAD TRAINING DESIGNED FOR RECENTLY
17 APPOINTED PLANNING BOARD MEMBERS ON BASIC ASPECTS OF LAND USE REGULATION IN ORANGE COUNTY.
18 PRESENTER: Perdita Holtz, Deputy Director—Long Range Planning &Administration
19
20 Perdita Holtz gave a presentation overviewing land use regulation in Orange County.
21
22 The members present discussed the Board's role and timeline of the upcoming Comprehensive Plan changes.
23
24 The Board discussed the Planning Board's duties when applied to land use regulation and discussed other resources
25 for further education.
26
27 The training session ended at 6:47 PM
50
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2026
Action Agenda
Item No. 7
SUBJECT: Holy Trinity Church Rezoning (Joint Planning Area — Chapel Hill)
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Parcel Planning Jurisdiction Map Perdita Holtz, Deputy Director— Long-Range
2. Town of Chapel Hill Staff Report Planning (Orange County) 919-245-2578
3. Statement of Consistency Josh Mayo Senior Planner (Town of Chapel
4. Ordinance Hill), 919-969-5061
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on an applicant-initiated rezoning application to rezone +/-15.5 acres (PIN: 9787-00-8466)
located at 1651 Old Lystra Road, Chapel Hill. The parcel is located in the Town of Chapel Hill's
"Transition Area", as designated in the Orange County— Chapel Hill —Carrboro Joint Planning Land
Use Plan (JPLUP). The proposed rezoning, which follows the Town's Land Use Management
Ordinance and the zoning districts defined therein, is:
FROM: Residential-Low Density-1 (R-LD1)
TO: Residential-4—Conditional Zoning District (R-4-CZD)
BACKGROUND: The Town of Chapel Hill has received an application to rezone a 15.5 acre
parcel that is split between the Town's ETJ (Extraterritorial Jurisdiction) and "Transition Area"
(see Attachment 1 and https://www.chapelhillnc.gov/Projects/Holy-Trinity-Anglican-Church; the
website includes links to files/information that have not been included as attachments to this
agenda item).
The JPLUP defines "Transition Areas" as being "located adjacent to the urban areas of Chapel
Hill and Carrboro. They are in the process of changing from rural to urban uses or are already
urban in use; are developed at or suitable for urban-type densities; and are now provided or are
projected to be provided with urban services." (page 71 of plan document).
Applications for rezonings in the Transition Area are subject to Chapel Hill's zoning regulations
but require review and approval from both the Chapel Hill Town Council and the Orange County
Board of Commissioners, as outlined in Section 2.1.0 of the Joint Planning Agreement
(Appendix A of the JPLUP linked above). The Orange County Planning Board makes a
recommendation to the BOCC as part of the normal County review process for rezonings. A
joint public hearing of the Chapel Hill Town Council and BOCC will be scheduled soon.
The proposed development consists of a "Place of Worship" and up to 10 dwelling units. The
Town's staff report is included in Attachment 2; the Town's proposed Ordinance is included as
an attachment to the staff report and includes numerous proposed conditions.
51
Page 78-c of the plan document depicts 1993 Town of Chapel Hill's Small Area Plan and shows
the area in question as 1 unit per 5 acres (note: if viewing the map, lot lines have changed
since 1993). It should be noted that Chapel Hill has had additional studies and plans since 1993
but the JPLUP document has not been modified to reflect more recent planning efforts.
Public Notification: In accordance with Section 2.8.7 of the County's UDO, notices of the
Planning Board meeting were mailed via first class mail to property owners within 1,000 ft. of the
subject parcel. These notices were mailed on May 18, 2026, 16 days before the meeting. Staff
also posted the subject parcel with signs on May 19, 2026, 15 days before the meeting.
Planning Director's Recommendation:
The Planning Director recommends that the Planning Board:
1) Consider the matter for action;
2) Acknowledge that legally-sufficient public notice was given for this meeting, in
accordance with State and Orange County laws;
3) Review the Town's staff report (Attachment 2), which includes a Town staff
recommendation for approval of the project and the requested modifications to the
Town's regulations, subject to the conditions in the proposed Ordinance;
4) Allow the applicant and Town staff to present materials;
5) Allow for public comments; and
6) Make a recommendation to the BOCC on the Statement of Consistency (Attachment
3) and the proposed ordinance (Attachment 4).
FINANCIAL IMPACT: Approval of this request is not expected to create the need for additional
funding for the provision of County services.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the Town of Chapel Hill's staff report,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director's recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 3)
and the proposed ordinance (Attachment 4) for BOCC consideration during a joint public
hearing to be conducted for review of this request.
52
53
Attachment 2
TOWN OF 1651 Old Lystra Road-Conditional Zoning
CHAPEL Staff: Britany Waddell,Corey Liles,Tas Lagoo,Josh Mayo,
HILL Katherine Shor
�7 Meeting Date: May 19,2026
Staff Recommendation
Staff recommend that Council approve the project and the requested
modifications to regulations, subject to the conditions in Ordinance A.
Project Overview
• Thomas and Hutton, on behalf of Holy Trinity Anglican Church, requests to rezone a 15.5
acre parcel from Residential-Low Density-1 (R-LD1) to Residential-4-Conditional Zoning
District (R-4-CZD).
• The site is located off of Old Lystra Road and at the end of Wave Road, in the Joint
Planning Area shared between the Town of Chapel Hill and Orange County.
• The proposed development consists of a place of worship and up to 10 dwelling units.
• Proposed building heights are up to 50 ft for the place of worship.
Staff Analysis
1. Procedure for zoning change in Transition Area
The majority of the site is in the Chapel Hill Transition Area, as defined by the Joint
Planning Area Land Use Plan.' The remainder of the site is in Chapel Hill's Extra-
Territorial Jurisdiction (ETJ). Applications for rezoning in the Transition Area are subject
to Chapel Hill's zoning regulations but require review and approval from both the Chapel
Hill Town Council and the Orange County Board of Commissioners.
2. Modifications to Regulations: Staff recommend Council and Commissioners approve
all requested modifications.
Staff reviewed all modifications to regulations and find that the public purpose is served
to an equivalent or greater degree. All modifications are shown in draft Ordinance A and
the applicant materials.
1 https://www.orangecountync.gov/3031/Long-Range-Comprehensive-Planning,see'Joint Planning Area'section
54
CONDITIONAL ZONING Planning Commission
1651 Old Lystra Road
Summary of Comprehensive Plan Consistency
Viewed through the holistic lens of the Complete Community Strategy, this project
meets the Town's strategy for growth. No single issue raised below should be considered
in isolation.
Consistent Somewhat Consistent El Not Consistent N/A Not Applicable
Chapel Hill will direct growth to greenways, transit corridors, large infill
sites with existing infrastructure, and smaller infill sites.
• This development is not located in any of the areas the Complete Community
Strategy describes as best suited for new growth. The lot would not be considered
an infill development and no multi-modal improvements are planned for this area
of Chapel Hill. However, the density and intensity of the proposed development are
compatible with the surrounding area and the proposed use is consistent with the
Future Land Use Map.
• The majority of the site - and all of the proposed development area - is outside
the Urban Service Area. As a result, the project will not be served by public water
and sewer infrastructure. Recent studies by OWASA identified major limitations to
the feasibility of expanding water and sewer service east of Wilson Creek.
Goal 1: Plan for the Future Associated Comp. Plan Elements:
Strategically • Future Land Use Map (FLUM)
• Shaping Our Future
• The site is in the Rural Residential land use category of the FLUM.
• Small-scale residential and "place of assembly, less than 2,000 seats" are
appropriate uses for this area.
• The FLUM encourages rural development designs to preserve open space or
environmentally sensitive areas. The site design preserves the Resource
Conservation District around perennial streams onsite.
• At least 30 percent of the existing tree canopy will be maintained.
N/A Goal 2: Expand and Deliver New Associated Comp. Plan Elements:
Greenways for Everyday Life • Mobility & Connectivity Plan
• Connected Roads Plan
• Staff did not request that the developer construct greenways on the site because
there are no planned greenways in this area of town.
• Transit expansion is not planned in this area of Chapel Hill.
• There are no sidewalks on Old Lystra Road or Wave Road. Staff did not request
sidewalks for this development because there is no planned pedestrian
infrastructure in this area.
• Goal 3: Be Green and Provide Housing Associated Comp. Plan Elements:
• Climate Action & Response Plan
• Natural Features Model
• The project will include up to ten dwelling units, including tiny homes.
• The Natural Features Model indicates that this area may have significant natural
features. As discussed in more detail below, a large habitat patch may encompass
most of the site. The site could not develop as proposed and maintain the extent of
the estimated habitat patch. However, the site's soil conditions and unique shape
limit opportunities to reconfigure the site to reduce potential impacts on the
habitat patch.
55
CONDITIONAL ZONING Planning Commission
1651 Old Lystra Road
• The applicant commits to sustainable design features such as interior LED lighting
and fixtures and appliances with WaterSense and Energy Star ratings.
• The site will be equipped with electric vehicle charging stations.
N/A I Goal 4: Plan for Excellence in the Public Realm and Placemaking
• There is no public streetscape element applicable to this development.
• The district-specific plan requires the applicant to construct a pedestrian area for
the place of assembly. The pedestrian area will be complemented with shade trees
and seating.
Natural Features Model
Composite Map: The project site is marked with light green, dark green, and dark brown
on the composite map, which indicates the potential "significant influence" of natural
features. A review of the habitat, hydrology, and land-use sub-models that impact this
scoring are summarized below.
Habitat Sub-Model (500/o of composite): The project site is marked with light
and dark greens, indicating a high habitat score relative to the rest of Chapel Hill. A
possible habitat patch, as modeled by the Triangle Connectivity Collaborative (TCC2,0
may overlap with the site. The TCC model estimates the habitat patch: has an area
of approximately 334 acres; extends north and south of the project site; and may
have high value for wildlife connectivity.
Outputs from data modelling benefit from field verification because the model
produces high-level, low-resolution data. The developer provided an existing
conditions survey as part of their application which may be considered field
verification.
Hydrology Sub-Model (30% of composite): The project site is marked with light
blue because two perennial streams originate at the southwest corner of the site and
flow to Wilson Creek.
Land Use Sub-Model (20% of composite): The project site is marked with a light
purple, indicating it is moderately supportive of natural open space. The site is
currently undeveloped and has a significant amount of existing tree canopy
coverage.
Staff Assessment: In light of the unique constraints of the site, staff find that the
proposed development is reasonably responsive to the environmental features that may be
located on the site.
• Impacts to the Resource Conservation District (RCD) are limited to driveway
improvements in the Upland zone that support adequate vehicle and emergency
access through the site.
2 Durham County Open Space Program and Eno-New Hope Landscape Conservation Group. 2022, revised 2023.
Upper Neuse-New Hope Landscape Connectivity Network Geographic Information System (GIS) data.Available
from https://www.dconc.gov/countydepartments/departments-a-e/engineering-and-environmental-
services/open-space-and-realestate-division/durham-county-open-space-program and
https:Hconnectedconservationnc.org. (Accessed:April 15,2026).
56
CONDITIONAL ZONING Planning Commission
1651 Old Lystra Road
• The draft ordinance requires preservation of existing tree canopy along its northern
and southwest boundaries.
• The approximately 15.5-acre site could represent about 4 percent of the 334-acre
estimated habitat patch30
• The draft ordinance would allow the developer to disturb land and remove trees on
approximately 7 acres, which would represent about 2 percent of the estimated
habitat patch area.
• The unusual shape of the site limits opportunities to preserve large areas of
undisturbed land.
• Wildlife connections between habitat patches may be achieved at locations near this
site, such as the stream culvert for Wilson Creek under Wave Road.
• Portions of the habitat patch located east of Wilson Creek and are highly unlikely to
redevelop.
Public Engagement
Areas of concern identified by members of the public are noted below. Engagement
related to this project has included one concept plan meeting and one virtual public
information meeting. Staff have not received significant numbers of phone calls or emails
regarding the project.
1. Traffic Impacts: Residents of Wave Road have expressed concerns around the
additional traffic that the church may bring to their neighborhood. Wave Road
experienced damage during the Chantal storm in July 2025.
Staff Assessment: The applicant has been involved and engaged with neighbors to
address their concerns. Staff reviewed the expected traffic and found that expected
volumes fall below the Town's threshold for a traffic analysis.
3 Ibid
57
CONDITIONAL ZONING Planning Commission
1651 Old Lystra Road
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58
CONDITIONAL ZONING Planning Commission
1651 Old Lystra Road
Attachments
Draft Ordinance and Resolution
1. Resolution A - Consistency and Reasonableness
2. Ordinance A - Approving the Application
Applicant Materials
3. Applicant's Draft Presentation
4. Applicant's Requested Modifications to Regulations and Statements
5. District-Specific Plan
6. Other Applicant Materials
Staff and Advisory Board Materials
7. Urban Design Assessment
59
RESOLUTION A
Resolution of Reasonableness and Consistency
A RESOLUTION REGARDING THE REASONABLENESS AND CONSISTENCY WITH THE
COMPREHENSIVE PLAN OF THE APPLICATION FOR A CONDITIONAL ZONING ATLAS
AMENDMENT FOR THE PROPERTY LOCATED AT 1651 OLD LYSTRA ROAD FROM
RESIDENTIAL-LOW DENSITY-5 (R-LDS) TO RESIDENTIAL-4-CONDITIONAL
ZONING DISTRICT (R-4-CZD) (PROJECT CZD-25-6) (2026-MO-DAY]/R-#)
WHEREAS, the Council of the Town of Chapel Hill has considered the application for
Conditional Zoning submitted by Thomas and Hutton, on behalf of owner Holy Trinity
Anglican Church of Chatham Inc., to rezone an 12.41-acre portion of a parcel located
at 1651 Old Lystra Road on property identified as Orange County Property Identifier
Number 9787008466, to allow development of a place of worship and residential units, and;
WHEREAS, the Council finds that the amendment if enacted, is reasonable and in the
public's interest, as explained by, but not limited to, the following considerations:
• R-4-CZD facilitates the proposed uses on the site of housing and a place of worship;
• The density and intensity are compatible with the surrounding area;
WHEREAS, the Council finds that the amendment, if enacted, is consistent with the Orange
County-Chapel Hill-Carrboro Joint Planning Land Use Plan (JPLUP) as explained by, but not
limited to, the following elements of the JPLUP:
• The development does not disturb areas that are to be preserved in the plan;
• The proposed rural residential land use is compatible with surrounding land uses;
• The development proposal remains consistent with the Water and Sewer Municipal
Boundary Agreement;
WHEREAS, the Council finds that the amendment, if enacted, is consistent with the Town's
Comprehensive Plan, as explained by, but not limited to, the following elements of the
Comprehensive Plan:
• The development is at a scale that is consistent with the Rural Residential
designation on the Future Land Use Map;
• The development includes environmentally sustainable features that align with the
themes of the Town's Climate Action Plan and Chapel Hill 2020;
• The place of worship use is consistent with the Future Land Use Map .
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council hereby finds the proposed Conditional Zoning Atlas Amendment to be reasonable
and consistent with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan
(JPLUP) and the Town Comprehensive Plan.
This the []th day of [month], 20[].
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ORDINANCE A
(Approving the Conditional Zoning Application)
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS TO REZONE THE
PROPERTY LOCATED AT 1651 OLD LYSTRA ROAD FROM RESIDENTIAL-LOW
DENSITY-1 (R-LD1) TO RESIDENTIAL-4-CONDITIONAL ZONING DISTRICT (R-4-
CZD) (PROJECT #CZD-25-6) (2026-MO-DAY]/O-#)
WHEREAS, the Council of the Town of Chapel Hill has considered the application for
Conditional Zoning submitted by Thomas and Hutton, on behalf of owner Holy Trinity
Anglican Church of Chatham Inc., to rezone an 12.41-acre portion of a parcel located at
1651 Old Lystra Road on property identified as Orange County Property Identifier Number
9787008466, to allow development of a place of worship and residential units, and finds
that the amendment to the Zoning Atlas is:
• Consistent with the Town's Comprehensive Plan, per NCGS 160D-605; and
• Reasonable and in the public's interest, per NCGS 160D-605; and
• Achieves the purposes of the Comprehensive Plan;
WHEREAS, the application, if rezoned according to the district-specific plan dated [date of
most recent plan set], and the conditions listed below would, per LUMO 4.4.3(f):
1) Conform with the applicable provisions of the Land Use Management Ordinance
(LUMO) and Town Code
2) Conform with the Comprehensive Plan
3) Be compatible with adjoining uses
4) Mitigate impacts on surrounding properties and the Town as a whole
5) Be harmonious with existing and proposed built systems including utility
infrastructure, transportation facilities, police and fire coverage, and other public
services and facilities
6) Be harmonious with natural systems such as hydrology, topography, and other
environmental constraints
MODIFICATIONS TO REGULATIONS
WHEREAS, the Council of the Town of Chapel Hill finds, in this particular case, that the
proposed development with the following requested modifications to regulations satisfies
public purposes to an equivalent or greater degree:
1) LUMO Section 5.6.6: Landscape, Screening, and Buffering
Modify the specifications to use existing vegetation to meet buffer planting
requirements, as shown on the site plan. The Design Manual requirements for shrubs,
understory and canopy trees do not apply.
This finding is based on a determination that the public purposes are satisfied to an
equivalent or greater degree due to the dense existing vegetation and the desire for
environmental protection.
2) LUMO Section 5.2.6: Flag Lots
Modify the standard to allow the proposed flag lot to meet the minimum lot width at a
point up to 300 feet from the public right-of-way.
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This finding is based on a determination that the public purposes are satisfied to an
equivalent or greater degree as the lot layout is similar to surrounding properties and
the drive will be maintained by the more traffic-intense use.
3) LUMO Section 5.5.1: Recreation Space
Modify the standard to reduce the minimum recreation space requirement to 1,350
square feet.
This finding is based on a determination that the public purposes are satisfied to an
equivalent or greater degree as the recreation space would create undue hardships on
the development and the development is preserving green space.
4) LUMO Section 5.9.7: Vehicle and Bicycle Parking
Modify the standard to reduce the bicycle parking requirements to 8 spaces.
This finding is based on a determination that the public purposes are satisfied to an
equivalent or greater degree as the lot is not located near the existing or planned
bicycle and pedestrian network.
CONDITIONAL ZONING DISTRICT
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the
Council finds, in this particular case, the proposed rezoning with the following uses, subject
to the conditions below, satisfies the intent and purposes of the Residential-4-Conditional
Zoning District (R-4-CZD).
BE IT FURTHER ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill
Zoning Atlas be amended as follows:
SECTION I
The following portion of Orange County parcel(s) identified by Parcel Identifier Number
(PIN) 9787008466, described below, along with the area extending to the centerline of the
adjoining Old Lystra Road, shall be rezoned to Residential-4-Conditional Zoning District (R-
4-CZD):
BEGINNING at a iron pipe on the western side of Old Lystra Road, said pipe being a
control corner having NAD 83(2011) State Plane Coordinates of North=770,282.837 &
East= 1,981,603.292; thence leaving the aforesaid right of way S 45006'05"E a distance
of 29.84 feet to a computed point situated in the center of the road; thence along the
centerline the following course and distances: S 49000'59"W a distance of 87.63 feet to
a computed point; thence S 46038'36"W a distance of 42.94 feet to a computed point;
thence leaving the centerline of the road S 88045'39"W a distance of 44.73 feet a
computed point situated in the eastern right of way of Old Lystra Road; thence leaving
the aforementioned right of way S 88045'39"W a distance of 508.73 feet to a '/z iron
pipe situated in the northern property line of land owned by Clyde Thompson, Heirs
(PIN: 9786196724); the leave the aforesaid northern property line N 22007'35"W a
distance of 451.93 feet to a 1/2" iron pipe situated in the eastern property line of lands
owned by Jo Anne Merrit; along the aforesaid property line and with the eastern
property line of lands owned by Stephen & Judy Mumford and the eastern right of way
line of Wave Road thence N 19011'47"E a distance of 482.03 feet to an iron pipe; thence
leaving the aforementioned right of way N 20038'24"E a distance of 118.05 feet to an
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iron pipe situated in the eastern property line of lands owned by Steven Harenberg;
thence leaving the aforementioned property line S 89056'55"E a distance of 679.10 feet
to an iron pipe, said pipe being the southwestern corner of lands owned by Gerald
Atwater; thence along the aforementioned southern property line N 89048'44"E a
distance of 264.79 feet to an iron pipe, said pipe being the southwestern corner of lands
owned by Timothy &Amy Elinoff; thence with the aforementioned southern property line
N 88034'25"E a distance of 162.97 feet to an iron pipe, said pipe being the northwestern
corner of lands owned by Eston Rives; thence along the aforementioned western
property line S 01047'45"E a distance of 164.35 feet to an iron pipe; thence continuing
with the aforementioned property N 89058'58"W a distance of 547.23 feet to an iron
pipe; thence continuing with the aforementioned property S 00001'02"W a distance of
64.99 feet to an iron pipe, said pipe being the northeastern corner of lands owned by
Shari Smith; thence with the aforementioned northern property line N 86044'03"W a
distance of 272.64 feet to an iron pipe; thence with western property line of the
aforementioned land S 26024'49"W a distance of 255.68 feet to an iron pipe, said pipe
being a western property corner of lands owned by Eston Rives; thence with Eston Rives
land the following courses and distances: S 12001'13"W a distance of 288.50 feet to an
iron pipe; S 79007'36"E a distance of 320.88 feet to an iron pipe; N 07005'58"E a
distance of 73.38 feet to an iron pipe; thence S 45006'05"E a distance of 221.36 feet to
the place and point of beginning, having an area of 540,608 Square Feet or 12.411
Acres more or less.
SECTION II
BE IT FURTHER ORDAINED by the Council of the Town of Chapel Hill that the following
conditions are hereby incorporated by reference:
1. Expiration of Conditional Zoning Atlas Amendment: An application for Zoning
Compliance Permit must be filed by a date precisely 2 years from the date of this
approval or the land shall revert to its previous zoning designation. [LUMO 4.4.5(I)]
2. Consent to Conditions: This approval is not effective until the property owner(s)
provides written consent to the approval. Written consent must be provided within ten
(10) business days of enactment by the Town Council.
3. Land Use Intensity: This Conditional Zoning Atlas Amendment authorizes the following:
Land Use Intensity
Place of Worship; Single-family
Permitted Uses dwelling; Multi-family, attached or
detached
Customary accessory uses
Net Land Area (NLA) Approximately 12.41 ac.
Gross Land Area (GLA) Approximately 12.45 ac.
Maximum Floor Area 36,000 sq. ft.
Permitted Dwelling Units 0-10 total units
Dimensional Regulations Per LUMO
Maximum Vehicular Parking Per LUMO
Minimum Electric Vehicular (EV) 5% of church parking spaces
Parking served by EV-charging stations
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25% of church parking spaces
designed to be EV-ready
Minimum Bicycle Parking Per LUMO
Maximum Total Impervious Surface Per LUMO (70% of GLA)
Maximum Land Disturbance 300,000 sq. ft.
Resource Conservation District 8,000 sq. ft. of disturbance in the
Maximum Land Disturbance Upland Zone
Steep Slopes Maximum Land 11,300 sq. ft. of area containing
Disturbance natural slopes 25% or greater
Minimum Tree Canopy Coverage Per LUMO
Minimum Active Recreation Space 1,350 sq. ft.
4. Modifications to Land Use Intensity: This approval establishes minimums and maximums
as indicated in the above Land Use Intensity Table. These amounts apply to the entire
project site, including areas within the Resource Conservation District (RCD) and areas
containing steep slopes. These amounts may be modified according to the criteria and
procedures established in LUMO 4.4.6. Additional modifications to amounts in the Land
Use Intensity table shall be considered as follows:
a. A change in the net land area or gross land area shall constitute a minor
modification, provided the land area is established by a survey or legal description,
and provided there is no resulting change to the zoning district boundary approved
by the Town Council.
b. An increase in the RCD maximum impervious surface, RCD maximum land
disturbance, maximum total impervious surface, or steep slopes maximum land
disturbance shall constitute a major modification.
c. An increase in maximum land disturbance up to 10 percent shall constitute a minor
modification. An increase over 10 percent shall constitute a major modification. All
increases shall be considered cumulatively.
Environment
5. Critical Root Zone: The developer shall not impact more than twenty-five percent (25%)
of the critical root zone of any rare or specimen tree on adjacent parcels.
6. Stormwater Performance Guarantee: A stormwater performance and maintenance
guarantee in an amount satisfiable to the Town Manager shall be provided to meet the
requirements of LUMO 4.9.3 prior to the approval of Constructional plans. The
performance guarantees and maintenance guarantees shall be satisfactory as to their
form and manner of execution, and as to the sufficiency of their amount in securing the
satisfactory construction, installation, or maintenance of the required stormwater control
measure. The performance surety shall be an amount equal to one hundred and twenty-
five percent (125%) of the total cost of uncompleted stormwater control measure(s) and
conveyances prior to final plat recordation. The total cost of the storm water control
measure(s) and conveyance(s) shall include the value of all materials, piping and other
structures, seeding and soil stabilization, design and engineering, grading, excavation,
fill, and other work. The developer shall submit unit cost information pertaining to all
storm water control measure(s) and/or bids from the grading contractor hired to
perform the work and any change orders related thereto as a method to determine the
basis for cost of the work. The final cost determination shall be made by the Stormwater
Management Division, taking into consideration any additional costs as deemed
necessary for completion of the stormwater control measure(s) and conveyance(s).
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Upon completion of the stormwater control measures(s) and other improvements and
acceptance by the Town after final site inspection, the one hundred and twenty-five
percent (125%) of the performance surety shall be released to the developer and a
maintenance bond in an amount of twenty-five (25) percent of the construction cost
estimate shall submitted by the developer prior to the issuance of certificate of
occupancy. No sooner than one year after the recording date of the deed(s), easements
and maintenance agreement, the owner may request release of the remainder of the
maintenance bond. Upon request by the owner, the Stormwater Management Division
shall inspect the storm water control structure(s) to determine that the storm water
measure(s) are performing as required by this Ordinance. The Stormwater Management
Division, upon determining that the storm water control(s) are performing as required
by this Ordinance, and after any repairs to the storm water control structure(s) are
made by the owner, shall release the remaining maintenance bond.
Following the release of the maintenance bond, the developer and/or Homeowners
Association shall continue to have a responsibility and obligation to inspect and maintain
the stormwater infrastructure as required by the Town's Land Use Management
Ordinance. [LUMO 4.9.3]
Transportation, Access, and Connectivity
7. Traffic Signs: The developer shall be responsible for placement and maintenance of
temporary regulatory signs before approval of a Zoning Final Inspection.
8. Street Lighting: The developer shall install street lighting or upgrade existing street
lighting along the site frontages as required by the Town Manager with approval by
NCDOT, if applicable. The design shall be approved by the Town Manager and NCDOT
prior to issuance of a Zoning Compliance Permit for building construction. The developer
shall complete installation prior to Zoning Final Inspection.
9. Pavement Markings: Any pavement markings proposed within the public street rights-of-
way shall be long life thermoplastic. Pavement markers shall be installed if they
previously existing on the roadways.
10. Fire Apparatus Access for Chapel Hill Fire Department: All fire department access
determinations shall be based upon Chapel Hill Fire Department apparatus specifications
(data specifications provided by Office of the Fire Marshal/Life Safety Division) and field
verification. All proposed fire department access designs shall be reviewed and shall also
pass field inspection.
11. Bicycle Parking: Bicycle parking spaces must also comply with the Spring 2015
Association of Pedestrian and Bicycle Professionals Guidelines.
Sustainability
12. Electric Vehicle Infrastructure: The developer shall ensure that their facilities support the
use of current and future levels of electric vehicles by their residents and visitors by
supplying the following, consistent with Town Council policy:
a. For each non-residential building served by 10 or more on-site parking spaces, the
developer shall install Level 2 electric vehicle supply equipment (EVSE) at 5% of
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those spaces (rounded up). A further 25% of the total parking spaces (rounded up)
shall be made EVSE ready. EVSE Ready means that a continuous raceway or
conduit has been installed connecting a parking space to an electrical panel, there
is dedicated capacity within that electrical panel to serve the EVSE, electrical
breakers and wires have been installed and have been terminated in a junction box
at the parking space designed for future electric vehicle charging.
b. All initial and future EV charging designs should ensure that each EVSE-equipped
parking space is capable of providing at least 6.6 kW. Designs must also adhere to
U.S. Access Board's most recently updated version of the Design Recommendations
for Accessible Electric Vehicle Charging Stations.
13.Climate Action Plan: Prior to issuance of a Zoning Compliance Permit for building
construction, the developer shall submit a Climate Action Plan on the appropriate form
prescribed by the Town Manager.
a. The Climate Action Plan shall include, at a minimum, the following commitments:
• All-electric building and site design
• All-electric appliances (no fossil fuel appliances)
• LED lighting only for interior spaces
• LED lighting only for exterior spaces, including street/parking lot lighting
(3000 Kelvin or lower)
• Meets International Dark-Sky Association's principles for outdoor lighting
• WaterSense-rated appliances and equipment only
• Energy Star-rated appliances and equipment only
• Exceeds the Town's standard for tree canopy coverage and adds shading
• No irrigation with potable water
• Exceeds Town standards for green infrastructure elements (trees,
bioretention) to reduce extreme heat impacts
b. If conditions or other limitations outside of the developer's control make it
impractical or impossible to meet the climate action commitments within the
condition directly above, the developer may work with staff to develop alternatives
that provide what the Town Manager determines to be an equivalent or better
outcome. Any such changes will be included in the Zoning Compliance Permit.
Owners Association
14.Applicability: The Owners' Association conditions shall apply for multifamily development
with multiple owners. These conditions shall go into effect subsequent to any plat
application delineating any parcel or lot creating common land area, however
designated.
15.Owners' Association: An Owners' Association, or similar legal entity shall be created that
has the capacity to place a lien on the property of a member who does not pay the
annual charges for maintenance of all common areas, however designated. The Owners'
Association documents shall be approved by the Town Manager prior to recordation at
the County Register of Deeds Office and shall be cross-referenced on the final plat. The
Owners' Association documents shall comply with LUMO 4.6.6.
16.Owners' Association Responsibilities: The Owners' Association shall be responsible for
the maintenance, repair, and operation of common areas including but not limited to
required bufferyard(s), open space, recreation areas, paths, community gardens, drives,
shared parking areas, shared refuse collection areas, and shared stormwater
66
management facilities. The Owners' Association shall be responsible for the maintenance
of internal streets, including any streets proposed for public maintenance prior to NCDOT
or the Town assuming ownership.
17. Dedication and Maintenance of Common Area to Owners' Association: The developer
shall provide for review the deed(s) conveying to the Owners' Association all common
areas, however designated. These documents shall be cross-referenced on the final plat
and reviewed and approved by the Town Manager prior to recordation at the County
Register of Deeds Office.
18. Solar Collection Devices: The Owners' Association, or similar entity, shall not include
covenants or other conditions of sale that restrict or prohibit the use, installation, or
maintenance of solar collection devices, including clotheslines.
19. Home Occupations: The Owners' Association, or similar entity, shall not include
covenants or other conditions of sale that restrict or prohibit home occupation
businesses as regulated by the Town of Chapel Hill.
Miscellaneous
20.Affordable Housing Plan: The developer shall submit an Affordable Housing Plan to the
Town for review and approval if the criteria of LUMO 3.10.1(b) are met.
21.Conversion of Residential Rental Units to Ownership Units: If multifamily rental units are
converted to for-sale units, the Affordable Housing Plan shall be revised to meet Section
3.10 of the Land Use Management Ordinance (LUMO). The revised plan shall be
approved by the Town Manager prior to recordation of a plat to create the for-sale units.
22.Town Design Manual: Except as specified elsewhere in this Ordinance, the developer
shall comply with all standards of the Public Works Engineering Design Manual, as
applicable to the project.
23.State or Federal Approvals: Any required State or federal approvals, permits, or
encroachment agreements, including but not limited to NCDOT approvals and 401/404
permits, shall be approved and copies of the approved permits and agreements be
submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance
Permit.
24. Detailed Plans: Prior to the issuance of a Zoning Compliance Permit, final detailed site
plans, grading plans, utility/lighting plans, stormwater management plans (with
hydrologic calculations), landscape plans, and landscape maintenance plans shall be
approved by the Town Manager. Such plans shall conform to the district-specific plan
approved by this application and demonstrate compliance with all applicable regulations
and the design standards of the Chapel Hill Land Use Management Ordinance and the
Public Works Engineering Design Manual. [LUMO 4.4.5]
25. Phasing Plan: If phasing of the project is proposed, then the developer shall provide a
Phasing Plan as part of the Zoning Compliance Permit. The Phasing Plan also shall detail
which public improvements and stormwater management structures will be completed in
each phase prior to requesting a Certificate of Occupancy. Construction for any phase
shall not begin until all public improvements in previous phases have been completed,
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and a note to this effect shall be provided on the final plans.
26.Cumulative Tracking: Each Residential Permit or Final Plans Zoning Compliance Permit
application shall include a cumulative tally of the existing and proposed:
a. Floor area
b. Unit counts (by housing type and including affordable units)
c. Trip generation (including total daily vehicle trips)
d. Tree canopy
e. Impervious surface
f. Land disturbance
g. Resource Conservation District (RCD) disturbance
h. Bicycle parking spaces
i. Vehicular parking spaces (including electric vehicle parking space)
27.Invasive Exotic Vegetation: The developer shall remove all invasive exotic species of
vegetation as identified by the Southeast Exotic Pest Plant Council (SE-EPPC) and in
Section 5.7.6 of the Land Use Management Ordinance (LUMO) from all areas located
within the limits of disturbance. Prior to issuance of a Zoning Compliance Permit, the
developer shall identify all invasive exotic species of vegetation within the limits of
disturbance or other areas, as deemed necessary by the Town Manager.
28.Construction Sign Required: Prior to starting any land-disturbing activity, the developer
shall post a construction sign at the development site that lists the property owner's
representative and telephone number, the contractor's representative and telephone
number, and a telephone number. The construction sign may have a maximum of 32
square feet of display area and maximum height of 8 feet. The sign shall be non-
illuminated and shall consist of light letters on a dark background. Prior to the issuance
of a Zoning Compliance Permit, a detail of the sign shall be reviewed and approved by
the Town Manager. [LUMO 5.14.4]
29.Street Names and Numbers: The development's streets and house/building numbers
shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit
for street construction and/or building construction.
30.Vested Right: This Conditional Zoning constitutes a site-specific vesting plan (and is
defined as such in the Chapel Hill Land Use Management Ordinance) establishing a
vested right as provided by N.C.G.S. Section 160D-108.1 and the Chapel Hill Land Use
Management Ordinance. During the period of vesting this permit may be subject to
subsequent changes to Town regulations to the extent such regulations have been
enacted under authority other than the Town's zoning authority.
31.Continued Validity: Continued validity and effectiveness of this approval shall be
expressly conditioned on the continued compliance with the plans and conditions listed
above.
32. Non-Severability: If any of the above conditions is held to be invalid, approval in its
entirety shall be void.
33. Not-Comprehensive: The listing of these specific conditions applicable to this Permit is
not intended to be comprehensive and does not exclude other state and local laws and
regulations which may be applicable to this Permit and development project.
BE IT FURTHER ORDAINED that the Council hereby approves the application for
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Conditional Zoning for Holy Trinity Anglican Church at 1651 Old Lystra Road.
This the []th day of [month], 20[].
69
TOWN OF CHAPEL HILL
Planning Department
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514-5705
phone(919)968-2728
email planning@townofchapelhill.org
www.townofchapelhill.org
Modification to Regulations
Applicants may ask to modify standards of the Land Use Management Ordinance (LUMO)for Conditional Zoning
Districts or Special Use Permits. All standards requested for modification must be captured on this form using the
format provided. The request form starts on page two, and the form is fillable.
• [Add section number and title] •
NZVR [State what's required]
-• [State the proposed modified standard]
Modification
Purpose [Copy LUMO language for the purpose/intent of the standard]
Justificationof Regulation in
[Provide an explanation for modified standard]
i 7 Md"7
Com
• Section Section MUMMY slopeExample
Requirement No more than 25 percent of the total combined area of slopes 25 percent or steeper
shall be disturbed.
RequestedMaximum steep slope disturbance of 30 percent.
Modification
To minimize the grading and site disturbance of steep slopes by restricting land
disturbance on steep slopes, and by requiring special construction techniques for
Purpose or Intent development on steep slopes. These provisions are intended to:
of ' (1) Protect water bodies (streams and lakes) and wetlands from the effects of erosion
on water quality and water body integrity,
(2) Protect the plant and animal habitat of steep slopes from the effects of land
disturbance, and
(3) Preserve the natural beauty and economic value of the town's wooded hillsides.
JustificationAdditional disturbance is needed to consolidate development on the east side of the site
and protect environmentally sensitive areas.
1
70
• TOWN OF CHAPEL HILL
Planning Department
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514-5705
phone(919)968-2728
email planning@townofchapelhill.org
www.townofchapelhill.org
Requested Modifications to Regulations
ProjectHoly Trinity Anglican Church • • CZD-25-6
LUMO Section Section 3.8.2(k) Maximum Floor Area Ratio
• Maximum .23 floor area ratio in the R-4 district
Requested Allow a maximum of 6,500 sf house on each of two subdivided lots fronting Old Lystra
Modification Road.
It is the intent of this article to provide for performance standards which serve to define
the development character of an area, and to ensure the compatibility of development
both with the environmental characteristics, accessibility levels, and special amenities
offered by the development site and with surrounding land uses and development
intensities. It is further intended that the establishment of intensity regulations reflect the
protection of critical environmental areas and the suitability of land for a particular level
Purpose or Intent of development intensity, in accord with the goals and objectives of the comprehensive
Regulationof plan.The setback and height regulations established in the dimensional matrix are
intended to ensure adequate solar access, privacy, and ventilation; access to and
around buildings, off-street parking areas, loading space, and service areas; space for
landscaping; and spacing between buildings and portions of buildings to reduce
potential adverse effects of noise, odor, glare, or fire. Adequate solar access is deemed
to consist of varying levels of access ranging from rooftop solar access in high-intensity
zoning districts to south wall solar access in low-intensity zoning districts.
The owner intends to subdivide up to 2 buidling lots, each of a size over 1 acre, to be
sold to individuals to build single family homes. The homes will be internal to the site
and not visible from Old Lystra Road. The owner is asking for a modification to exceed
Justificationthe LUMO floor area ratio so that future individual owners may build larger homes. The
homes will be built on lots exceeding 1 acre in size in character with the residential
density in the surrounding area, and home size will ultimately be constrained by the
capacity of the septic field on each of the two lots.
• Section 5.5.2 Recreation— Minimum Recreation Space
• .039 Active Recreation Space Ratio
Requested Provision of active recreation space on site to service the 35,400 sf tiny home future
phase and to exclude provision of active recreation for the two single family homes lots
•• which will be subdivided and developed by individual homeowners.
Purpose or Intent Purpose statement. The town hereby finds and determines that an interconnected
Regulationof system of parks, trails,greenways, and bikeways provides a greater public benefit
2
71
than isolated parks with access exclusively by automobiles. Such areas can provide
form to neighborhoods, a common public gathering space, and an opportunity to
protect natural areas.Active recreation space provided pursuant to this section
shall be aligned with and shall adjoin any area designated as a park or open
space area on adjoining property, including any public greenway, linear park, or
similar facility. Sidewalks, trails, or similar facilities shall align with such facilities
in an adjoining tract or, where adjoining tracts are unimproved, with any area
designated for parks or open space in the comprehensive plan or any parks
master plan adopted by the town.
The total site area is 12.45 acres with the residential portion of the site accounting for
24.9% of the total site area, requiring active recreation space of 5,268 sf. (12.45 ac x
.039 active recreation ratio x 24.9% of the site area). Two homesites totalling 18.35% of
the land area will be subdivided and sold as single family home sites that are not part of
a residential subdivision and will be developed separately from the church. Each site
will be over an acre in size and will be low density rural zone in nature.
This site is located outside of Town limits and the area is not included in the Town's
recreation or Greenways Master Plan or the Connectivity Plan. There are no
greenways, sidewalk system, or parks adjacent or nearby to connect to. The church will
Justification build a playground on site, which will be about 1,500 sf in size, and will be available for
use by church members and by the residents in the future phase tiny homes. They also
intend to provide nature trails but these trails would be through the woods on site
including in the RCD zone, and they would not connect to a larger system therefore
would not be elegible for active recreation credit per the Town definition.
The amount of playground space provided would be enough to provide the required
.039 active recreation space ratio for the 35,400 sf area to be developed as tiny homes
in a future phase. (35,400 x .039 = 1,381 sf) But a payment in lieu for the remainder of
the required recreation space would be a financial hardship on the church, and their
payment-in-lieu would not likely be used for improvements to Town recreation facilities
within walking distance of the project.
fig 0
LUMO Sec nRequirement Section 5.6 Landscape, screening and buffering
20'wide landscape buffer along the northern property line, church use against vacant
residential properties
Requested Waive the required landscape buffer in order to leave existing forest to remain
Modification undisturbed.
Buffers shall be required to separate a proposed development from adjacent
major streets and different adjacent land uses or zoning designations in order
..se or Intent to minimize potential nuisances such as the transmission of noise, dust, odor,
of Regulation litter, and glare of lights; to reduce the visual impact of unsightly aspects of
adjacent development; to provide for the separation of spaces; and to
establish a sense of privacy.
• There is existing tree coverage in this area which will remain in place.
3
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17• Section 5.6 Landscape, screening and buffering
10'wide landscape buffer along the northern property line against residential properties
Requested Waive the required landscape buffer in order to leave existing forest to remain
Modification undisturbed.
Buffers shall be required to separate a proposed development from adjacent
major streets and different adjacent land uses or zoning designations in order
. .se or Intent to minimize potential nuisances such as the transmission of noise, dust, odor,
of litter, and glare of lights; to reduce the visual impact of unsightly aspects of
adjacent development; to provide for the separation of spaces; and to
establish a sense of privacy.
JustificationThere is existing tree coverage in this area which will remain in place.
• Section 5.6 Landscape, screening and buffering
10'wide landscape buffer along the eastern property line (northease corner of parcel)
against residential properties
• - Waive the required landscape buffer in order to leave existing forest to remain
• • undisturbed.
Buffers shall be required to separate a proposed development from adjacent
major streets and different adjacent land uses or zoning designations in order
.. to minimize potential nuisances such as the transmission of noise, dust, odor,
• litter, and glare of lights; to reduce the visual impact of unsightly aspects of
adjacent development; to provide for the separation of spaces; and to
establish a sense of privacy.
• There is no development or clearing/grading proposed for this area.
LUMO SectionRequirement Section 5.6 Landscape, screening and buffering
10'wide landscape buffer along the southeast property line against residential
properties
-• Waive the required landscape buffer in order to leave existing forest to remain
Modification undisturbed.
Buffers shall be required to separate a proposed development from adjacent
Purpose or Intent major streets and different adjacent land uses or zoning designations in order
of to minimize potential nuisances such as the transmission of noise, dust, odor,
litter, and glare of lights; to reduce the visual impact of unsightly aspects of
4
73
adjacent development; to provide for the separation of spaces; and to
establish a sense of privacy.
• Existing forest will be left undisturbed in this buffer zone.
• Section 5.6 Landscape, screening and buffering
20'wide landscape buffer along the western property line (beyond the disturbance for
church use) against residential properties
• - -• Waive the required landscape buffer in order to leave existing forest to remain
•• undisturbed.
Buffers shall be required to separate a proposed development from adjacent
major streets and different adjacent land uses or zoning designations in order
. . to minimize potential nuisances such as the transmission of noise, dust, odor,
• litter, and glare of lights; to reduce the visual impact of unsightly aspects of
adjacent development; to provide for the separation of spaces; and to
establish a sense of privacy.
• Existing forest will be left undisturbed in this buffer zone.
LUMO Section LUMO 3.8.2(d) (Dimensional Standards)and LUMO 6.2.6 (Flag Lots)
• Minimum lot width of 50'within 200' of the right of way
RequestedAllow a maximum of 300' of distance between the right of way and the minimum 50' lot
Modification width.
3.8.2: It is the intent of this article to provide for performance standards
which serve to define the development character of an area, and to ensure
the compatibility of development both with the environmental characteristics,
accessibility levels, and special amenities offered by the development site and
with surrounding land uses and development intensities. It is further intended
Purpose or Intent that the establishment of intensity regulations reflect the protection of critical
of Regulation environmental areas and the suitability of land for a particular level of
development intensity, in accord with the goals and objectives of the
comprehensive plan. 5.2.6: The Town of Chapel Hill discourages and
restricts forming flag lots in subdivisions. A flag lot shall be permitted if
necessary to allow a property owner reasonable use and benefit from his/her
land or to alleviate situations which would otherwise cause extreme hardship
for him/her.
The property is and oddly shaped 12-acre parcel with little street frontage, and with a
distance of 1100 LF between the two street frontage segments it does have. The
Justification request for a longer extension on a flag lot would allow for reasonable use of the parcel
with low density residential development. Because the parcel is not serviced by
5
74
OWASA, the layout needs to be supported by existing septic field locations, which this
layout accommodates. As a bonus, the longer extension into the main portion of the
flag lot would protect landscaping near the right of way. A single access point which
allows vehicular access to the main church use as well as the two subdivided residential
lots means that total impervious is reduced as all three uses share a main driveway.
The longer distance for the flag lot allows for more environmental protection by reducing
impervious and reducing clearing needed for driveway access.
ModificationRequested
Purpose
of Regulatio
FRIF. .
Requirement
PurposeRequested
Modification
Justification
of Regulation
75
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76
Holy Trinity Anglican Church
Urban Designer Comments 11-12-25
Submitted by Brian Peterson,AIA, Urban Designer, Town of Chapel Hill
The following comments are in reference to the plan set dated August 271", 2025.
1. Consider ways to reduce or relocate parking along the west edge of the site, adjacent to where
the existing homes are at the end of Wave Road,to preserve more of the existing trees on the site
edge, or to provide room for more buffering.
2. Consider, if possible, flipping the locations of the plaza and the church building. That would allow
the plaza to be adjacent to the pond, with the opportunity to integrate the two open spaces. The
front of the church would then view the open spaces rather than parking areas. This would also
allow the plaza to be located at the end of Wave Road, which could offer a generous transition
from the existing neighborhood.
3. Consider providing informal walking trails around the site to form a walking loop. This loop could
not only be an amenity for the congregation, but also for the neighbors on Wave Road and others
in the area.
77
Attachment 3
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY— CHAPEL HILL — CARRBORO
JOINT PLANNING LAND USE PLAN
An applicant-initiated amendment to the Transition Area Zoning Atlas has been reviewed to
rezone +/- 15.5-acre parcel as follows:
Parcel
Identification Township Owner of Record Current Zoning Proposed Zoning
Number (PIN)
Holy Trinity Residential-Low Residential-4—Conditional
9787-00-8466 Chapel Hill Anglican Church Density-1 (R-LD1) Zoning District (R-4-CZD)
Of Chatham Inc.
The Planning Board hereby finds:
a. The requirements contained within the Orange County — Chapel Hill — Carrboro Joint
Planning Land Use Plan (JPLUP) have been met and the standards and conditions within
the Town of Chapel Hill's draft ordinance approving the application have been deemed
acceptable.
b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance
with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and
comment— Plan Consistency and 160D-605(a) Governing Board Statement— Plan
Consistency of the North Carolina General Statutes, the Board finds sufficient
documentation within the record denoting that the amendment is consistent with the
adopted Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan.
c. The amendment is consistent with Orange County — Chapel Hill — Carrboro Joint Planning
Land Use Plan (JPLUP) as explained by, but not limited to, the following elements of the
JPLUP:
• The development does not disturb areas that are to be preserved in the plan;
• The proposed rural residential land use is compatible with surrounding land uses;
• The development proposal remains consistent with the Water and Sewer
Management, Planning, and Boundary Agreement;
d. The amendment is reasonable and in the public interest because it furthers the goals of
the Town of Chapel Hill's adopted Comprehensive Plan, as described in the Town's
Resolution of Reasonableness and Consistency.
78
The Planning Board hereby adopts this Statement of Consistency and the findings expressed
herein and recommends the Board of County Commissioners consider approval of the
proposed rezoning within the Town of Chapel Hill's Transition Area, as identified in the
JPLUP.
Vote: For, Against
Lamar Proctor, Chair Date
Ordinance Attachment 4 79
#:
AN ORDINANCE AMENDING
THE CHAPEL HILL JOINT PLANNING TRANSITION AREA ZONING ATLAS
WHEREAS, the Orange County Board of Commissioners has considered an application to
amend the Zoning Atlas to rezone property described below from Residential-Low Density-1 (R-
LD1) to Residential-4—Conditional Zoning District (R-4-CZD), and
WHEREAS, the rezoning action has been deemed consistent with the adopted Orange County
— Chapel Hill — Carrboro Joint Planning Land Use Plan, and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED by the Orange County Board of Commissioners that the
Chapel Hill Joint Planning Transition Area Zoning Atlas be amended as follows:
The following portion of Orange County parcel(s) identified by Parcel Identifier Number (PIN)
9787-00-8466, described below, along with the area extending to the centerline of the adjoining Old
Lystra Road, shall be rezoned to Residential-4—Conditional Zoning District (R-4-CZD):
BEGINNING at an iron pipe on the western side of Old Lystra Road, said pipe being a control
corner having NAD 83(2011) State Plane Coordinates of North=770,282.837 & East=
1,981,603.292; thence leaving the aforesaid right of way S 45006'05"E a distance of 29.84 feet to a
computed point situated in the center of the road; thence along the centerline the following course
and distances: S 49°00'59"W a distance of 87.63 feet to a computed point; thence S 46°38'36"W a
distance of 42.94 feet to a computed point; thence leaving the centerline of the road S 88045'39"W
a distance of 44.73 feet a computed point situated in the eastern right of way of Old Lystra Road;
thence leaving the aforementioned right of way S 88045'39"W a distance of 508.73 feet to a '/2 iron
pipe situated in the northern property line of land owned by Clyde Thompson, Heirs (PIN:
9786196724); the leave the aforesaid northern property line N 22°07'35"W a distance of 451.93 feet
to a '/2" iron pipe situated in the eastern property line of lands owned by Jo Anne Merrit; along the
aforesaid property line and with the eastern property line of lands owned by Stephen & Judy
Mumford and the eastern right of way line of Wave Road thence N 19°11'47"E a distance of 482.03
feet to an iron pipe; thence leaving the aforementioned right of way N 20°38'24"E a distance of
118.05 feet to an iron pipe situated in the eastern property line of lands owned by Steven Harenberg;
thence leaving the aforementioned property line S 89056'55"E a distance of 679.10 feet to an iron
pipe, said pipe being the southwestern corner of lands owned by Gerald Atwater; thence along the
aforementioned southern property line N 89°48'44"E a distance of 264.79 feet to an iron pipe, said
pipe being the southwestern corner of lands owned by Timothy & Amy Elinoff; thence with the
aforementioned southern property line N 88034'25"E a distance of 162.97 feet to an iron pipe, said
pipe being the northwestern corner of lands owned by Eston Rives; thence along the
aforementioned western property line S 01 047'45"E a distance of 164.35 feet to an iron pipe; thence
continuing with the aforementioned property N 89058'58"W a distance of 547.23 feet to an iron pipe;
thence continuing with the aforementioned property S 00001'02"W a distance of 64.99 feet to an
iron pipe, said pipe being the northeastern corner of lands owned by Shari Smith; thence with the
aforementioned northern property line N 86044'03"W a distance of 272.64 feet to an iron pipe;
80
thence with western property line of the aforementioned land S 26°24'49"W a distance of 255.68
feet to an iron pipe, said pipe being a western property corner of lands owned by Eston Rives;
thence with Eston Rives land the following courses and distances: S 12°01'13"W a distance of
288.50 feet to an iron pipe; S 79°07'36"E a distance of 320.88 feet to an iron pipe; N 07°05'58"E a
distance of 73.38 feet to an iron pipe; thence S 45°06'05"E a distance of 221.36 feet to the place
and point of beginning, having an area of 540,608 Square Feet or 12.411 Acres more or less.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances
and that this ordinance shall be effective only upon adoption of the same rezoning action by the
Chapel Hill Town Council.
BE IT FURTHER ORDAINED THAT the mutually agreed to conditions in the Town of Chapel Hill's
approving ordinance shall be applied.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2026.
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 , 2026 as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of 2026.
SEAL
Clerk to the Board of Commissioners
81
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2026
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance (UDO) Text Amendment — Subdivision
Administration
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Unreviewed Proposed Amendment Cy Stober, Planning Director
Page from Sections 2.14, 2.15, & 7.12 (919) 245-2595
2. Draft Ordinance, Including Proposed
UDO Amendments (98 pages)
3. Statement of Approval and Consistency
PURPOSE: To review and comment upon one page that was accidentally omitted last month as
part of a proposed government-initiated Unified Development Ordinance (UDO) text amendment
to the administrative requirements and review processes for subdivisions prepared in response to
petition and direction from the Board of County Commissioners (BOCC).
BACKGROUND: At its May 6, 2026, meeting the Orange County Planning Board voted 8-1 to
recommend approval of a government-initiated text amendment to the Orange County UDO to
update and simplify the subdivision administrative requirements and processes. One page from
UDO Section 7.12 was accidentally omitted from the information provided to the Planning Board.
It is included in Attachment 1 for the Board's review and consideration as it relates to the total
amendment package (Attachment 2). The page omits the reference to the "Concept Plan" as a
requirement and instead focuses on the "Yield Plan" as a regulatory requirement for all subdivision
applications to determine the potential total maximum number of lots that could be hypothetically
created through the subdivision of land versus the number being created through a Flexible
Development approach to the subdivision of land.
At the May 6, 2026, meeting, the Planning Board's motion included a friendly amendment to
extend the mailing notice for Neighborhood Information Meetings (NIMs) required for Minor and
Major Subdivisions from 14 days to 30 days prior to the NIM date. For clarity, this change has
been made to Sections 2.14 and 2.15, and included in Attachment 1 for your review, with the
relevant text highlighted; the only change from the materials presented last month is the number
of days.
As with the remaining pages, the UDO amendments related to the subdivision standards were
reviewed by Planning staff over three iterations, and reflect input from the Development Advisory
Committee, as required by the UDO. In compliance with the Orange County-Chapel Hill-Carrboro
Joint Planning Land Use Plan and Agreement, the proposed amendments were sent to both towns
for comment on December 19, 2025. No relevant comments were received from either Town that
altered the staff-drafted language.
82
Planning Director Recommendation
Approve the Statement of Consistency and draft Ordinance as presented.
The amendments remain unchanged from the Planning Board's May motion and the missing
pages' relevance and impact were presented by the Director at that meeting — the amendment
language was simply not included in the packet for review by the Board.
FINANCIAL IMPACT: None known. The proposed amendments will reduce staff administrative
tasks currently associated with subdivision applications and are intended to encourage more open
space protection through changes to administrative processes. This may result in more open
space dedications that will need to be verified by staff on a regular schedule but open space
maintenance and protection, in accordance with application approval, will ultimately be private
financial responsibility.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Review and discuss the proposed UDO text amendments to the one page that was omitted
(Attachment 1);
2. Consider the Planning Director's recommendation; and
3. Make a recommendation to the BOCC to approve the Statement of Approval and Consistency
(Attachment 3) and the draft Ordinance to amend the UDO (Attachment 2), consistent with
the motion that was approved at the May 6 meeting, in time for the July 9, 2026, BOCC
meeting.
Attachment 1 Article 2: Procedurn
Section 2.14: Minor Subdivisions
2.14.2 Regulated Review
(A) Preliminary Plat
(1) Application Requirements
(a) Subdivisions qualifying for Regulated Review under Section 7.2.2 of this
Ordinance, as determined by the Planning Director, shall require
(i) Applications submitted in accordance with this Ordinance,
including Sections 2.2 and 7.13; and
(ii) An electronic copy of the Preliminary Plat.
(2) Preliminary Plat Review and Action
(a) The DAC shall review the plat and associated materials for compliance
with this Ordinance in addition to applicable local and State regulations.
(b) A Neighborhood Information Meeting (NIM) NIM report and recording
shall be provided to the Planning Director, as required by Section
2.14.2(B).
(c) Upon receipt of the comments and recommendations from reviewers, the
T Planning Director shall take action on the Preliminary Plat to approve or
deny it, with written notification regarding any reasons that are the basis
of a denial.
(i) The preliminary plat shall be considered denied unless the
applicant responds with revisions within 60 calendar days of
receiving comment. A new application is needed for any further
land use changes to the subject property.
(3) Neighborhood Information Meeting for Minor Subdivisions
(a) A minor subdivision application shall require a Neighborhood Information
Meeting (NIM) if it proposes more than five lots, excluding open space.
(b) As a component of a Preliminary Plat application, the applicant shall
schedule a NIM and shall obtain property owner mailing address
information from Orange County.
(c) The applicant shall mail notices of the meeting to each property owner
within one thousand feet of the property proposed to be subdivided.
Notices of the NIM shall be mailed by first class mail at least 30 calendar
days prior to the date of the meeting.
(d) The applicant shall place a sign on the affected property, including the
date, time, and location of the NIM, and the Planning Department
telephone number. The sign shall be posted on the affected property at
least 14 calendar days prior to the NIM. The NIM shall be held a prior to
Final Plat Application submittal.
(e) The purpose of the NIM is for the applicant to present the proposed
Preliminary Plat to persons in attendance, to answer questions about the
proposed subdivision, and to receive comments from neighboring
Property owners for the purpose of improving the proposed subdivision
design.
(f) The applicant shall submit a recording, audio or audio/video, along with a
written report of the NIM to the Planning Department.
(i) The written report of the meeting shall include a list of those
persons and organizations contacted about the meeting and the
manner and date of contact; the time, date, and location of the
meeting; a roster of the persons in attendance at the meeting; a
summary of issues discussed at the meeting; and a description
Orange County, North Carolina-Unified Development Ordinance Page 2-42
Article 2: Procedure
Section 2.15: 17FMajor Subdivisions
Ordinance in addition to applicable local, State, and federal regulations.
(2) Upon receipt of the comments and recommendations from reviewers, the
Planning Director shall take action on the Preliminary Plat to approve or deny it,
with written explanation regarding any reasons that are the basis of a denial.
(a) The applicant shall respond with revisions within 60 calendar days of
receiving comment or request an extension.
(C) Neighborhood Information Meeting
(1) The applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County.
(2) The applicant shall mail notices of the meeting to each property owner within one
thousand feet of the property proposed to be subdivided. Notices of the NIM shall
be mailed by first class mail at least 30 calendar days prior to the date of the
meeting.
(3) The applicant shall place a sign on the affected property including the date, time,
and location of the NIM, and the Planning Department telephone number. The
sign shall be posted on the affected property at least 14 calendar days prior to
the NIM.
(4) The purpose of the NIM is for the applicant to present the Preliminary Plat to
persons in attendance, to answer questions about the proposed subdivision, and
to receive comments from neighboring property owners for the purpose of
improving the proposed subdivision design.
(5) The applicant shall submit a recording, audio or audio/video, along with a written
report of the NIM to the Planning Director.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
(b) The NIM report and associated materials shall be submitted prior to
preliminary plat approval.
(D) Actions Subsequent to Preliminary Plat Approval
(1) The Planning Director may issue relevant development permits approved as part
of the Preliminary Plat approval.
(2) If the applicant proposes to amend or modify the approved Preliminary Plat such
that is not a minor change, the Planning Director shall require a new preliminary
plat application.19
(a) A change may be considered a minor change if it does not involve any of
the following:
(i) Any substantive change in a condition of approval;
(ii) An increase in the number of building lots proposed;
(iii) Any 5% change to the location of or any decrease in the amount
of open space, buffers, or area reserved for recreation use;
(iv) Any change in pedestrian and/or vehicular access networks that
will alter traffic circulation patterns and/or road classifications;
19 It seems nearly impossible to qualify for a "minor change." Otherwise,we need to quantify what"substantive"
means.
Orange County, North Carolina—Unified Development Ordinance Page 2-52
Article 7: Subdivisiogg
Section 7.12: Flexible Developments
(B) Where a Flexible Development has 12 lots or less, the street system may consist of
different classes of private roads provided a logical hierarchy of private roads is planned,
with those of lower classification connecting to those of higher classification.
(C) Where a Flexible Development has more than 12 lots, the street system may consist of
public streets and private roads provided:
(1) The street system in the development forms a logical hierarchy of thoroughfares
with streets of lower classification connecting to streets of higher classification;
(2) The development contains no more than 50 lots;
(3) All entrance roads serving the development are public streets;
(4) All streets which stub-out at property lines to provide for the extension of or
connection to future street systems are public streets; and
(5) Private roads are not proposed as part of a Village (Section 7.12.5 (C)) except in
the Village Conservancy portion of the development.
(D) Private, dead-end roads may be terminated in a cul-de-sac or"T"turnaround. Where a
"T"turnaround is used as the terminus for a private road, the dimensions (e.g., turning
radius)of the "T" shall be sufficient to allow emergency service and trash collection
vehicles adequate room to turn around.
(E) Existing street rights-of-way may not count toward the minimum 33% open space
requirement. However, new street rights-of-way may be counted but only to the extent
that they are required to pass through or by open space uses as defined herein to link
one buildable portion of a site with another; and they are located and/or constructed so
as to have no adverse impacts on Primary and Secondary Open Space Areas.
7.12.7 Water Supply and Sewage Disposal Facilities
Water supply and sewage disposal facilities to serve Flexible Developments may be provided
through the use of:
(A) Individual wells and septic tanks provided either on each lot or in off-lot locations
protected through recorded easements; or
(B) A community water and/or sewage disposal system designed, constructed, and
maintained in conformity with all applicable state, federal, and local rules, regulations,
and policies; or
(C) Connection to a water and/or sewage disposal system operated by a municipality,
association, or water or sewer authority. System extensions are permitted only in
accordance with applicable water and sewer, and land use policies and shall be sized
only to serve the Flexible Development for which the system is extended; or
(D) A combination of the above alternatives.
7.12.8 Design Guidelines
(A) Determining Density or Lot Yield
(1) Overall density shall be based upon the minimum lot size requirements of the
zoning district in which the Flexible Development is to be located and on the
basis of a Conventional Subdivision or"Yield" Plan conforming to the regulations
governing lot dimensions, land suitable for development, and street design.
Although such plans shall be conceptual in nature and are not intended to involve
significant engineering or surveying costs, they must be realistic.
(2) Potential building lots and streets must not be shown in areas that would not
ordinarily be permitted in a Conventional Plan i.e., Special Flood Hazard Areas,
wetlands, steep slopes, etc.).
Orange County, North Carolina—Unified Development Ordinance Page 7-53
Article 7: Subdivisioga
Section 7.12: Flexible Developments
(3) If the residential lots are proposed to be served by septic systems, the "Yield"
plan shall show soil suitability for individual septic tanks by a preliminary soil
suitability analysis performed in the field on at least 50% of the proposed lots with
all of the proposed lots located on a map showing the location of soil types suited
for septic systems based on the Orange County, N.C. Soil Survey. The soil
suitability analysis and map shall be prepared by a Soil Scientist in consultation
with the Soil Scientist of the Environmental Health Division of the Orange County
Health Department.
(4) The number of lots achieved through the preparation of a Conventional
Subdivision or"Yield" Plan is the number of lots which must be used in preparing
the Flexible Development Plan. The number of lots may not be increased through
the proposed use of an alternative or community sewage disposal system.
Increases are permitted, however, at the Preliminary Plan stage where a more
detailed soils analysis clearly demonstrates that a greater number of lots is
achievable than shE)W^ OR ems' GenGept o'er^previously calculated.
(B) Design Process
Flexible Development subdivisions shall be designed around both the Primary and
Secondary Open Space Areas, which together constitute the total required open space.
The design process should therefore commence with the delineation of all potential open
space, after which potential house sites are located. Following that, access road
alignments are identified, with lot lines being drawn in as the final step.
This "four-step" design process is further described as follows:
(1) Open Space Designation
(a) All potential Open Space Areas, both Primary and Secondary, shall be
identified using a site analysis map as described in Section 7.13.2(A)(3).
(b) Primary Open Space Areas shall consist of those features described in
Section 7.12.4.
(c) Secondary Open Space Areas shall comprise at least half of the
remaining land and shall include the most sensitive and noteworthy
natural, scenic, and cultural resources as described in Section 7.12.4.
(d) Guidance as to which parts of the remaining land to classify Secondary
Open Space Areas shall be based upon on-site visits and the criteria
contained in Section 7.12.4.
(2) House Site Location
(a) Potential house sites shall be tentatively located.
(b) The proposed location of houses within each lot represents a significant
decision with potential impacts on the ability of the development to meet
the criteria contained in Section 7.12.4.
(c) Generally, house sites should be located no closer than 100 feet from
Primary Open Space Areas.
(d) House sites may be situated 50 feet from Secondary Open Space Areas
to permit the enjoyment of scenic views without negatively impacting
Primary Open Space Areas.
(3) Street and Lot Layout
(a) Proposed streets shall be aligned to provide vehicular access to each
house in the most reasonable and economical manner.
(b) When lots and access streets are laid out, they shall be located in such a
way that avoids or at least minimizes impacts on both Primary and
Secondary Open Space Areas.
Orange County, North Carolina—Unified Development Ordinance Page 7-54
87
Attachment 2
Ordinance #
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify language regarding subdivision administration and regulation standards; and
Whereas, this amendment seeks to amend relevant language within Articles 2, 3, 7, and
10. These revisions seek to respond to Commissioner interest in clarifying the subdivision
administration and review process, making regulated subdivision applications a staff-
administered process rather than one requiring Planning Board and/or Commissioner approval,
and to further encourage the use of the Flexible Development subdivision option that
permanently protects open spaces; and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments; and
Whereas, the County has held the required public hearing and found the proposed text
amendments consistent with the goals and policies of the adopted 2030 Comprehensive Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages; and
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2026.
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 , 2026 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2026.
SEAL
Clerk to the Board of Commissioners
88
ARTICLE 2: PROCEDURES
SECTION • AUTHORITY. :
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
DECISIONTABLE 2.1: REVIEW AND •-
•
ZONING/DEVELOPMENT EROSION DEVELOPMENT
REVIEw RELATED PLANNING CONTROL ADVISORY BOARD OF PLANNING BOCC
PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT BOARD
Zoning Compliance R and DM R R
Permits
Erosion and
Sedimentation Control R and DM
Plans
Stormwater Management R and DM
Plans SMPs
UDO Text Amendments R R R[1] DM and
PH
Zoning Atlas R R R[1] DM and
Amendments PH
Special Use Permits R R R DM and EH
Zoning Variances R R DM and EH
Appeals/Interpretations R R DM and EH
Comprehensive Plan R R[1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R and DM R R Rand DM mad
9M
R R R R f 44 R, DAIS
and--RFC
Appeal R DM and EH
NOTES
[1] The Planning Board reviews applications and makes a recommendation prior to the public hearing held by
the Board of County Commissioners. The Board of County Commissioners may choose to refer an
application back to the Planning Board at the conclusion of the public hearing.
SECTION[2] The PlaRRing Board approves the GGRGept Plan for a Major S6Ihd0vms6Pn and then makes a
APPLICATIONS
2.2.1 Authority to File Applications
(A) Applications submitted under this Ordinance shall be submitted by the landowner, as
identified by the records of the Orange County Tax Office, or their authorized agent.
(B) If the applicant is not the owner, or sole owner, of the land, a notarized letter signed by
the owner(s) consenting to the submission of the application shall be submitted along
with all required application information and materials.
Orange County, North Carolina—Unified Development Ordinance Page 2-1
Article 2: Procedures
Section 2.6: Floodplain Development application Permit and Certificate Requirements
Within the Efland Interstate Overlay District, no construction activity shall begin
nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected for any use
subject to the requirements of the overlay district until such time as a site plan
has been approved and a permit issued by the Planning Director in accordance
with this Section and Section 2.4 of this Ordinance.
(C) Efland Village Overlay District
(1) Approval Requirements
Within the Efland Village Overlay District, no construction activity shall begin nor
shall any excavation, soil removal, filling, grading or disturbance of vegetation,
including trees, be commenced, nor any sign erected for any use subject to the
requirements of the overlay district until such time as a site plan has been
approved and a permit issued by the Planning Director in accordance with this
Section and Section 2.4 of this Ordinance.
(D) Major Transportation Corridor Overlay District
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
2.5.8 Additional Requirements for Economic Development Districts
(A) Prior to submission of an application for site plan approval, applicants shall meet with
representatives of the Planning and Inspections, and Economic Development
Departments to identify policies, procedures, regulations, and fees applicable to
development proposals.
(9) Any proposed subdivision On an Economic Development District shall follow the approval
procedures as specified in Section `) '1C.
{G}LBLIn addition to the submittal requirements contained in this Section, a complete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
(2) A minimum of two drawings of sections through the site illustrating existing and
proposed grades, as well as the relationship of different site features.
REQUIREMENTSSECTION 2.6: FLOODPLAIN DEVELOPMENT APPLICATION PERMIT AND
CERTIFICATE
2.6.1 Requirements for Special Flood Hazard Area
(A) All projects proposing the development of property located within a Special Flood Hazard
Area (SFPA) shall be required, regardless of the proposed land use, to submit a site plan
prepared by a registered engineer, landscape architect, or land surveyor in accordance
with the provisions of Section 2.5.
(B) Flood damage prevention regulations contained herein shall apply to all Special Flood
Hazard Areas within the jurisdiction of Orange County, including properties located within
the Extra-Territorial Jurisdictions (ETJs)of local municipalities used for bona fide farm
purposes in accordance with Sections 160D-201 and 160D-202of the North Carolina
General Statutes.
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 2: Procedure
Section 2.9: Conditional Districts
(c) All other matters the County may find appropriate or the petitioner may
propose.
(4) Conditions of approval may include dedication to the County or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development.
(5) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
(G) Effect of Approval
(1) Approval of a Conditional District is binding on the property and the development
and use of the subject property shall be governed by the Ordinance requirements
applicable to the specific Conditional District and all approved conditions.
(2) The applicant shall comply with all requirements established in the Conditional
District approval Ordinance. Only those uses and structures included in the
Conditional District approval Ordinance and approved site plan shall be allowed
on the subject property.
(3) If the Conditional District includes the subdivision of the subject property, that
subdivision shall proceed in accordance with the final plat requirements of
Section 7.13.
(a) Phased subdivisions shall be allowed as permitted by Section 7.3.1, and
shall be permitted to be recorded according to phases_
{2}(i) Sub-phasing may not allow for proportional or partial provision of
Performance Guarantees, as allowed by Section 2.27.1
(H) Zoning Atlas Designation
Following approval of the Conditional District by the Board of County Commissioners, the
subject property shall be identified on the Zoning Atlas by the appropriate district
designation.
(1) Alterations to an Approved Conditional District
(1) Except as provided in Section 6.7.2 for MPD-CD projects, changes to approved
plans and conditions of development shall be treated as changes to the zoning
atlas and shall be processed as an amendment to such as contained in this
Article.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property.-;
(b) Alter the approved land uses.,
1 Clarifies that the phasing of by-right subdivisions and those approved through zoning is essentially the same.
Currently,there is a higher burden of commitment on phasing for conditional zoning projects.
Orange County, North Carolina—Unified Development Ordinance Page 2-31
Article 2: Procedure
Section 2.10:Variances
(c) Increase the density or intensity of development,-and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site: and/or.-
(4)(e) Modify the sequence of an approved phasing plan.?
2.9.2 Public Hearing and Notification Requirements
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
SECTION1
2.10.1 Purpose
The procedures of this section authorize the Board of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with the regulation or standard would result in unnecessary
hardships upon the subject property.
2.10.2 Application Requirements
(A) Applications for a Variance shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance. Ten copies of the
application and supporting documentation shall be submitted.
(B) Applications shall include:
(1) The section reference, and copy of the existing regulatory language, that is the
subject of the application,
(2) A description of the specific modification sought by the applicant. For example, if
the request is for a modification of a corner lot setback requirement, the applicant
shall provide the exact reduction of the established corner lot setback requested
as part of the application,
(3) A plot plan, site plan, or other similar document(s) denoting the physical impact
of the proposed request on the parcel,
(4) A narrative outlining the answers to the five required findings detailed within
Section 2.10.4 of the Ordinance justifying the issuance of the variance, and
(5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request.
2.10.3 Burden of Proof
Applicants shall have the burden of establishing by competent material and substantial evidence,
in the form of testimony, exhibits, documents, models, plans, and other materials, that the
application meets the requirements for approval of a Variance
2.10.4 Authorized Variances
A variance may be approved by the Board of Adjustment in cases where unnecessary hardships
would result from carrying out the strict letter of the Ordinance, when substantial evidence in the
official record of the application supports all of the following findings:
(A) Unnecessary hardship would result from the strict application of the Ordinance. It shall
not be necessary to demonstrate that, in the absence of the variance, no reasonable use
can be made of the property.
z The intent is to allow for sub-phasing(e.g. 1A& 113) but NOT to allow for making a subsequent phase earlier(e.g.
Phase 5 is now Phase 2),without re-review.
Orange County, North Carolina-Unified Development Ordinance Page 2-32
Article 2: Procedur@g
Section 2.13: Exempt Subdivisions
(2) To request issuance of a subpoena, persons with standing as detailed under
NCGS 160D-1402(c), shall make a written request to the chair explaining why it
is necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas in those cases where testimony or evidence is
deemed to be relevant, reasonable in nature and scope, and not oppressive.
(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions
regarding subpoenas made by the chair may be appealed to the full Board.
(4) If a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board of Adjustment, or the party seeking the subpoena, may
apply to the General Court of Justice for an order requiring that its order be
obeyed, and the Court will have jurisdiction to issue those orders after notice to
all proper parties.
(5) No testimony of any witness before the Board of Adjustment, pursuant to a
subpoena issued in exercise of the power conferred by this subsection, may be
used against the witness in any civil or criminal action, other than a prosecution
for false swearing committed on the examination.
(6) Anyone who, while under oath during a proceeding before the Board of
Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
2.12.4 Quorum and Vote Required
(A) A quorum of the Board is necessary to conduct any business and shall consist of four
members.
(B) The affirmative vote of four of the members of the Board shall be necessary in order to
effect any variation in this Ordinance.
(C) A majority of the members shall be required to decide on the issuance of a Special Use
Permit or an appeal application.
2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department's office a notice of decision of the Board's action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board's
disposition. This includes the applicant, the property owner if different from the applicant,
or any individual who has submitted a written request for a copy prior to the date the
decision becomes effective. This notice shall be made by registered or certified mail
within five working days of the Board's actions.
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) Notice for Special Use Permit or Variance applications shall follow the process in Section
2.7.6
(B) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION :D •
2.13.1 Generally
(A) Application Requirements
(1) Divisions of land that qualify for exemption from subdivision regulations under
Orange County, North Carolina—Unified Development Ordinance Page 2-40
Article 2: Procedurm
Section 2.14: Minor Subdivisions
Section 7.2.1 of this Ordinance, as determined by the Planning Director, shall
require only:
(a) An application;
(b) An electronic copy of the plat; and
(c) A mylar of the plat for recordation.
rin not nnnctiti Ito -A of bdivisinn ore found in Cor+inn 7.2.1.
(B) QRe GGPYof the final mylor plot and tt.h�ree —per CGpies ef the-plat hall be submitted eii+h
the request for o .dn+ormino+inn for rdivioinp
(C) Exempt subdiVOSOGRS shall GGFFIPlY with all aPPIOGable RGR plat requirements ef this
n rd'R
2.13.2 Review and Action
PlanniRg DireGtGF shall make a determinatiGR ef the land diViSiGR's exempt eF RGRexempt
(B) If the submitted plat meets the Subdivision Standards Exemption criteria of Article 7.1,
the plat shall be approved and signed. The Planning Director shall notify the applicant of
final plat approval or denial in writing.3If+ho Planning nircn+nr.dc+nrmipno that the
pFepesed land division does n0t GE)nstifi-ite a subdivision, the PlanR'Rg DiFeGtar shall
Gertify the proposed land division as exempt and onr-.11 irliz thp
plot notifying same
(C) If the Planning Director determines that the proposed land division constitutes a regulated
subdivision, as reflected in Section 7.1, the applicant shall be informed of such in writing
and shall be required to submit the appropriate Subdivision application.4
SECTION • ' SUBDIVISIONS
2.14.1 Expedited Review
(A) Application Requirements
(1) Subdivisions qualifying for Expedited Review under Section 7.2.2 of this
Ordinance, as determined by the Planning Director, shall require only:
(a) An application;
(b) An electronic copy of the plat; and
(c) A mylar of the plat for recordation.
(B) Review and Action
(1) If the submitted plat meets the Expedited Review criteria of Article 7.2, the plat
shall be approved and signed. The Planning Director shall notify the applicant of
final plat approval or denial in writinq.5
(2) If the application is denied, the Planning Director shall provide written notification
to the applicant detailing the reasons for denial as an expedited subdivisions
3 All subdivision approval/denial language should be consistent in UDO.
4 Rewritten for clarity.
s All subdivision approval/denial language should be consistent in LIDO.
e Addresses clarity and concision needs.
Orange County, North Carolina—Unified Development Ordinance Page 2-41
Article 2: Procedure
Section 2.14: Minor Subdivisions
2.14.2 Requlated Review
(A) Preliminary Plat
(1) Application Requirements
(a) Subdivisions qualifying for Regulated Review under Section 7.2.2 of this
Ordinance, as determined by the Planning Director, shall require
(i) Applications submitted in accordance with this Ordinance,
including Sections 2.2 and 7.13; and
(ii) An electronic copy of the Preliminary Plat.
(2) Preliminary Plat Review and Action
(a) The DAC shall review the plat and associated materials for compliance
with this Ordinance in addition to applicable local and State regulations.
(b) A Neighborhood Information Meeting (NIM) NIM report and recording
shall be provided to the Planning Director, as required by Section
2.14.2(B).
(c) Upon receipt of the comments and recommendations from reviewers, the
T Planning Director shall take action on the Preliminary Plat to approve or
deny it, with written notification regarding any reasons that are the basis
of a denial.
(i) The preliminary plat shall be considered denied unless the
applicant responds with revisions within 60 calendar days of
receiving comment. A new application is needed for any further
land use changes to the subject property.
(3) Neighborhood Information Meeting for Minor Subdivisions
(a) A minor subdivision application shall require a Neighborhood Information
Meeting (NIM) if it proposes more than five lots, excluding open space.
(b) As a component of a Preliminary Plat application, the applicant shall
schedule a NIM and shall obtain property owner mailing address
information from Orange County.
(c) The applicant shall mail notices of the meeting to each property owner
within one thousand feet of the property proposed to be subdivided.
Notices of the NIM shall be mailed by first class mail at least 30 calendar
days prior to the date of the meeting.
(d) The applicant shall place a sign on the affected property, including the
date, time, and location of the NIM, and the Planning Department
telephone number. The sign shall be posted on the affected property at
least 14 calendar days prior to the NIM. The NIM shall be held a prior to
Final Plat Application submittal.
(e) The purpose of the NIM is for the applicant to present the proposed
Preliminary Plat to persons in attendance, to answer questions about the
proposed subdivision, and to receive comments from neighboring
Property owners for the purpose of improving the proposed subdivision
design.
(f) The applicant shall submit a recording, audio or audio/video, along with a
written report of the NIM to the Planning Department.
(i) The written report of the meeting shall include a list of those
persons and organizations contacted about the meeting and the
manner and date of contact; the time, date, and location of the
meeting; a roster of the persons in attendance at the meeting; a
summary of issues discussed at the meeting; and a description
Orange County, North Carolina—Unified Development Ordinance Page 2-42
Article 2: Procedure
Section 2.14: Minor Subdivisions
of any changes to the application made by the applicant as a
result of the meeting.
(q) The NIM report and associated materials shall be submitted prior to
preliminary plat approval.
(B) Final Plat
(1) Application Requirements
(a) Applications shall be submitted in accordance with this Ordinance,
including Sections 2.2 and 7.13.
(b) Applications shall include:
(i) One electronic copy of the Final Plat;
(ii) Required plans per Article 6, including, but not limited to, a
T Landscaping Plan and Stormwater Management Plan; and
(iii) Required ancillary documents prepared in accordance with
Article 7 of this Ordinance.?
(2) Review and Action
(a) The Planning Director shall determine if the plat and application conform
with all applicable regulations, as reflected in the DAC review comments.
(b) The Planning Director may submit copies of the Final Plat application
and accompanying material to other officials and agencies, including
DAC representatives, for review and comment.
(c) If the submitted plat meets the subdivision criteria of Article 7 and
T applicable development standards, the plat shall be approved.
(i) If the application is denied, the Planning Director shall write to
the applicant detailing the reasons for denial as a regulated
minor subdivision.$
(d) Performance Guarantees shall be reviewed in accordance with the
provisions of Section 2.27 of this Ordinance.
(3) Action Subsequent to Approval
(a) The applicant shall submit a mylar original of the Final Plat to the
Planning Director for signature within one year of Final Plat approval.
(i) The Planning Director may grant an extension of this time limit
by one year from the original date of expiration if the applicant
files an extension request.2
(b) The approved plat and any associated documents must be recorded
within 90 calendar days after the Planning Director's signature, or the
approval shall be determined to be void and all materials will be required
to be resubmitted.
(i) The Planning Director may extend the recordation deadline upon
request by the applicant that they are unable to meet the
deadline for reasons beyond their control.
Updated to reflect contemporary standards and expectations
$Approval/denial language to be consistent throughout processes.
s Provide consistency throughout UDO
Orange County, North Carolina—Unified Development Ordinance Page 2-43
Article 2: Procedure
Section 2.14: Minor Subdivisions
2.1 4 Review and DeGisien PrOGesses and Flow ChaFts
\Subdivislons
inor
S,-hrdi,dsinn a plicatin shall adhere+n
thc�eeess detailed h-�ereon. The Pre-application Meeting submitta
nlican+ shall demonstrate ^ nuanceitional'"' ^"' of Concept Plan Application
,nii+h the rlevelnpmen+s+anrrarrls vieW)
cnn+ainerr On
'Article 7 of this
Re iew of Concept Plan Application by Or nge
_. ".2 Types Review Development Advisory Com tee
(A) Traditional QevTp
nninnr si ihrti,iisinns +ha+rtn not N ighborhood Information eting
qualify fnr Expedited Pe„i e,ei (Flexibl Development with mor than 5 lots)
i�nrler Centinn 7-2--2- of+his
Qrdrinance shall adhere to the
,sumcma.�, .�-ra�--�r�cr.�cv m�.
+rarditinnal review nrncess Initiation o final Plat App cation Process
cnw,prised of a Gencen+ Plan
and Final Plat Applica+inn
(B) Expedited Review Issuance of AReired
of Completion of
Subdivisions qualifying Septic&Well Final Plat
F.,ne.ti+erd Pe„fie,., order Improvement ts Application&
Cen+inn 7 ') 7 of+his (lrrlinannePermits ge, Survey
shall reg�sire nnh, an
appliGatiGn and plat fer
re^^, Installati n of I uance of
Req 'eel PS I
14 Expedited Oe.,ie.., Land aping Scho 1 Board
(A) Review and ndd Anton
0) The-�Planning D-ireGtdr
shall rle+ermine if+he
plat d t rrnm application" Submittal of Final Plat
cenfnrrn with the Application
rent iirements of
Section 7 2 2 of this
Ordinance. Recordation of Plat and
(2) Acornpleted Development Agreement at
appkat'GR shall be Orange County Register of Deeds
entered into the permit
rem
(3) The PlanningDireGtOr shall make a final determinationen theapproval or denial
tit +h�npliGa#en w bue�cse�aays frrnnTm�thp s,ihmittal of the annlica+inn.
/A\ if anpliGatinn •�annrn„� the Planning DireEtGFshall tiff,the annliedr n+
TT� 'mac-a�Tr rrvrr� pPTvc err '�-rr crtrrtvmy�'�c-a-pPrr 'T.
(55)ithe application is denied the Planning Director shall issue a letter to the
applicant detailing the reasons for denial and identifying modifications necessary
for potential appro„al "
io Diagrams/flow charts are useful guidance documents and should not be placed in a regulatory document.
" Expedited subdivisions are mandated by State law and this language unnecessarily complicates a statutory
review.
Orange County, North Carolina—Unified Development Ordinance Page 2-44
Article 2: Procedures
Section 2.14: Minor Subdivisions
(B) Aotion Subsequent to Approval
Minor Subdivisions
�1) Theme Director shall sign the pat and
accompany the applican++n the llffice of the Register
(Expedited Review) of deeds for rennrd ing
Sub m al of Expedite eview
ConGept P�12
Alication lat The applicant shall prepare a sketch plan of the
I eii+h the Planning Department for initial review and
kneel+a+inn D 1ring this initial meeting the Planning
Review of P t by nge County Department qh„I �sethe c„hrliviripr nr his/her
Develop nt Advisor ommittee a,,thnrl�ed agent of+he reg la+inns pertaining to the
proposed su bdhdsien, ��of any ebvies changes
required in order+e c phi with the p ensof this
9rdonanee, and the preced11res +e he fellewed in the
Recordation of Plat at Orang preparation and sbmissien of the reneep+ Plan
County Register of Deeds ��
(A) Application Requirements
('',1) Appl+eatisns-shall be submitted on ferRs
provided by the Planning department in accordance with Cention 2 2 of this
Ordlnance.
(2) AggliGations shall irn�n indude
/a����v�`` TwO espies oa-acme-SG led GonGept Plan drawn to the Spe+ifin�ns
outlined- in Centien 7.14.1.
/b�) A ViF.nnity i-rap-shcewinngg the IGGa e �+��hdiVisien ' elation +o+he
.1QAQTVT.Z.T�TT�f1nTT Tvrrcozrrc
existing street er highway system.
(6)A se+ls Glass+f�Ea+ien map fer the property.
/d\ +opegra phy map f the property
(e) A map showing ea epv+ronmep#ally sensitive areas on the property (,�
streams Inie+lands special flood hazard areas' ZeRiRg erlay districts
'conservation easeents \etc m
/f,l)Fer hAinnr uiiirzingg the Flexible Development Option, a Plan
illustrating proposed lots fnr residential use and Common Open space
(Primary and secondary) as well as the treatment of passive and ac
open space areas (e.g., nati,ra ndisfi shed areas trails, recreatioaMenal
pities)
T
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexible
Development Option
(1) A minor subdivision application Flexible Development Option shall
require a Neighborhood Information Meeting (NIA) if'# proposes more than five
Intl excluding open space
(2) As a component of a Concept Plan application the applicant shall sGhe�_�ed.a.'y ale a
address informatipn from QFange County Land Records data and mail notices of
the meeting toe ch owner of property within one thousand feet of the property
proposed te be subdivided.
12 The Concept Plan has been ineffective as a Planning tool—applicants are either unprepared for the Concept
Plan's requirements or they have assembled the data to immediately proceed with preliminary platting.
Orange County, North Carolina—Unified Development Ordinance Page 2-45
Article 2: Procedurm
Section 2.14: Minor Subdivisions
(3) N 3nees ort#e N I KA shall be mailed by fiFSt Glass ma„ at least 14 days prier to the
date of the moo+in..
/Al The applicant shall plane a n on the affeGted property indiGa#inn thete+aal
ITT- r'-c�P^va^r`�'�t.'-P�cr.�l�r��mrr�arr �rvperry-��-rar zn-rgzrT
number of In# reposed the date tonne and Irma#inn of the AII�A• and the
rr�vc�-m�vc.�--�rvpv �rr�aa�.� T�cr�rwac�m,��,--�vlr�crrc-rrnvr,-m-rcrm�.
PlanningDepartment lephon Sher. he sign be posted on the
affected property at least 14 days prior to the AIIAA The NINA shall he held a prier
to Final Plat Appllcatiep submittal
,
(5)The purpose f the r��� applicant to presentthe�- posed Gonvept
planto" fpN" fp"ersen of
in attend'urnrGe, +e aRswer estienc abeu t the n ed
ubdiVision and to reGeive from n ghbering p peFty o s fer the
purpese of impreVing the n sed subdiyisien design
report of the Neighberheed Inform a#inn Meeting to the Planning department at
least 1�4 days bef- e SElhmi##ing a Final Plat a pliGa#inn for the o hr#i ioign
(aa) The-�"w�rritternrreport f t� meeting shall a list n�f trhrnngepersons and
nrnani7atinns nnntanted about the meeting and the manner and date of
G �tl�e--ti ne, date and Inns#inn of the meeting; a roster of the
persons in attendance at the meeting; a su rnmary of issues discussed at
the meeting; and a desnription of any changes to the applination made
by the applicant as of the meeting
(C) Rev P-In and Antonn
0) Department r shall review the GenGept Plan fer general GeMpl:aRGe
with the r eats of this ordinance
(2) A GOMpleted GGRGept Plan appliGatieR shall be entered ORW the permit reGE)rd and
plaged on the agenda of the next available meeting of the deyelepmen+ Advisew
remmi+tee room
/2�)-rhp DACqhall r iiitzmf the GonGeptPlan�ggeeneral compliance with established
as nnmplianne with other applicable Innal and State regulations.
( The revoew shall Gl u d e determining the presenGe of any sites i d eatled
fin "An IRVentor\/of Sim f Cultural, HisteriG, R8GPeatienal, B0910giGaldd
Geological Significance in the Unincorporated Portions of Orange
QeWRty" and "IRyentory of the Natural Areas and Wildlife Habitats of
• n
(4)Thee DAQ shall eGeMMendat'0RvR te-the P';-;Pn!Rg DireGterro_regarding the
application no later than five business days after the dAC meeting
r5ThPlanning_vector shall make a final determination on the approval or denial
of theappliGA-tiOn i.A.Whin five hi i6'Ress days from the submittal of the DAG
recnmmendatlnn
/R�)if the�nGa+i 1s a Pedtre Planning D'reGtGF shall issue aTetter�f
approval ai ithoriZing the applicant+e begin the pFOGess of developing the Final
Plat appliGatieenn ppaaGkage The GGRGept Plan shall for valid for one year from the
date of appreva�.
l7�)if the application is denied the Planning Director shall ssue a letter to the
applicant detailing the reasons for denial and identify )ns n8GeE;E;ary
9 1A 5 Final Plat
Upon approval of the Concept Plan by the Planning Directer, the subdivider may proceed with
preparation of the Final Plat
Orange County, North Carolina—Unified Development Ordinance Page 2-46
Article 2: Proceduro§
Section 2.14: Minor Subdivisions
(A) App"Gat+on Requirements
aGGGrdanGe MI.
Faction 2.2 of this ordinance
(2) App"Gations shall ire-
(a) Ten crr-GGPie f the Final Plat prepared in accord ance�.iith CeG�n
7 4 A 9(B)of this Ordinance• "'fY'
/h�)A nn�ftheeFinal Plat �r---ating Health Department nnre-yal denial for
s each Int hnI.Ain thereon;
9�
(G) Auxiliary dGGUments prepared�n a daR '+h Ar+id� f this
� F.F.eraarrF,e�vm--r-crrr �R
Ordinance which aRSUFe GE)rnpletien and/or m intenance of required
# C� do ent o de hilt net he limiter! to
�;�ro=Per�en�s�c�i�c�„� s�� ,
private read maintenance agreement; a ReGessari Perfermanr•e
(_��arantees fer required im ents• and g an+ee of installation of
aRY required read s
(dd) A GOPY of the Plat dins ' approval of the cr tE)Go i
sed-imentation and! ernsien duringnonstwntion of ere
an Crnsinn and Cedimentatinn Gentrnl Plan is required, it shall cnmply
wi the provisions Rtzr- ll's ydlinanne. If a C� on n� TrvnQ
Sedimentation Gen#rnl Plan is net required, the need of the Final Plat
must he sinned) by the FYoslnn (`on+rnl Offiner nertifyinn that a plan
o-�--urayri cvv�zrrr�-rvavrr-vvrRrvrvrrrcc�--vcrmYT'��crruc-a-�aTT
waiverhas been appreyed er the a nt of land disturbanGe en +moo
is RGt subjesf tG the prevTsiens Gf SeGtiGR 6.15 of this n neez.,;a
(e)A statement dessribing zn �o
e�etl�a ds sad to PFGt8Gt en�Ren+al�
re0oUrces identified in "An InventorY of Cites of Cultural, Histeric
Recreational Biological and !'_eelegical Significance in the
I Ininnnrparated Pertions of Orange County" and/or"Inventory of the
AlafiUral Areas and \A/ildlife H-;;hitats of Orange County, North Garelina" 93
(B) Revmew and A&t+on
0) The Planning DoFeGt()F shall determine Of the plat and appliGatien Gonform with all
appliGable regulations.
(2) Auxiliary dOGUments required by Artide 7 shall be submitted by the Planning
rlirectnr to the County Attorney for review and rennmmendatinn
(3)The Planning Director may submit copies of the Plat application and
a ccnm po nyi pg maternal to other officials and agencies for review and comment
l�h�-�peetent'a reviewers include, but are not limited #n:
(aa) NC DOT-,
/hamOrange County Schools,
(G) Orange County Records,
(d) G0�^=tEwT' y,
(e) QraRge GOUT y Environmental Health,
(ff) Orange GOURty Emsien Ge„trer
(h�)Puhlin Utility rempaniesan and
is Updated to reflect both contemporary standards and platting requirements already detailed in Article 7 that do
not need to be reiterated
Orange County, North Carolina—Unified Development Ordinance Page 2-47
Article 2: Procedulr(96
Section 2.14: Minor Subdivisions
Orange Department� AfE+wvirenrnentr°gFOcalture,Parks and
Recreation (DEAPR) 14
provisional suitability, unsuitability of t" proposal.e l Re6nmmo nuns of the
may he incnrpnrated�a ninon f opnrn�ioI of the subdivision.
(5) The Planning Direr491q�holo�k ar--tion on an app"Gation solelyen hi-s/her
findings as W G9ITIpIwanGe with appliGable regulations and A-end—itions and shall
ether:
(a) Approve the appliGation; or
(b�) npproye the a pliGat,onn with rGe enS;15ef
(e)Deny the appl+eatien.
(6) PerfermanGe Guarantees shall be reviewed 'R aGGG)rdanGe with the prev'S'E)RS Of
Section 2.27 of this Qrrdinance
(7) The Ranging DireE�shall tify the liGant�-aGtie writing-.
rr� �'rn-r�et�y�T,�-a ppR g
(q nGtien Subsequent to Approval
0) Th2�Gantshaallisubm it a repror+,,cible mylar original of the Cin-1 Plat e
Planning Direr--ter for enrinrsemen+vAthin one year of Final Plat apprGyal
(2) The Rlan�ninggDirireG++nr may grant n exterts+en�nf tThrtq-time I4mT it tn- ene year fr frern
the original date of expiration if+he applina nt files an extension applica+inn in
accerdance i.umth Centinn 2-.-2-.
endorse a gal of the approved Final Plato a repredUGible mylar original after-
all
+h fi tine t„re�P heeR ebtaroed. The RaRning DireetGr shall
Wiper ce#;nca�s+gna� e�
prepare the Declara+inn of Restrictions
signatures have been obtained -nd- County°++) pleta—T#e
applicant shall then make an appointment with the Planning Dire Gter to have the
approved plat and any assedated rtnci,men+s necessary to ensure cn nfnrmance
�n,ith regulations lationsFeGorded in +he Officer of stet of nee�s. The ^'c-approved
w,n,-r"Jo,a-crvrT ra �mnc-c,�-r �r Iry
plat and any assncia+erl dear. invents must he recorded within 90 days after the
Planning Direntnr's endorsement of approval
(o)The P!a„R'Rg-D;restershalll accompany the appliGan++g theRegtster Af Deeds
Office to ensure the approved plat and any required dec,invents are recorded in
the correct order and to fill 'n the honk and page references where applicable
Documents shall he numbered in the order they are to be recorded. my or deer is
as follows:
(a\a) Approved plat
(b)Road Ma'ntenance Agreement, if required
required
(c) Declaration of Restrictions
(d)HemeeWRers/Proper#y Owners' AssoeiatiendoGLImentS, of required
(6) if the approved plat is not recerded within specified tirRe peri d,the plat is
veil
14 Language revised for clarity—DAC and its duties clarified in Article 1.
"There are no grounds to impose conditions on a by-right subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 2-48
Article 2: Procedulr(9f
Section 2.14: Minor Subdivisions
(7�)The P DiFeGtGF may extend the deadline for FeGOrdatiOR provide
appnea„rGan demonstrate a geed th effort to GGR pry with the dead!i.,n butyr
masons beyond his/her nnntrol fails to moot the reo��irements for rennrdation
VWtWn the spedfied period.
/Q�)All final plats shall nnnform to dram4nn speGifin rtc and nortifinatinn
renu kements for Cinal Plats nnntained in Qeotinn 7 1A Z of this Orr✓inanne
(9) ReGOrdatmon of the approved final plat, and any required auxiliary d
shall he wroth the ardvire and rnnsent of the Planning rlirentnr
Orange County, North Carolina-Unified Development Ordinance Page 249
Article 2: Proced4r(99
Section 2.15: 17FMajor Subdivisions
SECTION • ' SUBDIVISIONS
Major Subdivisions Pre-application Conference
Determination of the correct application venue of the division of
land: Exempt Subdivision, Minor Subdivision, Conditional District,
a standard Major Subdivision
Finding Concept Plan Application Completeness and issua a of a
letter to the applicant
Referral to a Development Advisory Committee of a Concept Plan
Public agency review of the C ncept Plan
Neighborhood In/
rmation Meeting
16 Planning Board eview & Appro I of Concept Plan
Diag
ram
s fl Prelimina Plat pplication
OW
char
is Finding of Applicatio mpleteness and issuance
are of a lett r to a applicant
usef
ul Referral to Development dvisory Com ittee of the Preliminary Plat
quid
anc
e anning Board Review nd
doc Rec mendation of the Prelimi ary Plat
ume
nts
and Board of��ty
Commissioner's acceptance of a Planning Board
sho recomdation(s) and action regarding the P liminary Plat
uld
not
be App' ant completes all required public improvements r posts
plac acceptable financial security to ensure installation
ed
in a
regFinal Plat Application
ulat
ON Plannina Director Review/Approval of Final Plat
doc
ume Recordation of Final Plat
nt.
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 2: Proced4r(99
Section 2.15: 17FMajor Subdivisions
2.15.1 Preliminary Plat
(A) Application Requirements
(1) Applications shall be submitted in accordance with this Ordinance, including
Sections 2.2 and 7.13. For Conditional Districts, applications shall also meet
standards contained in Section 5.21.
(2) One electronic copy of the Preliminary Plat;
(3) Ancillary draft documents including, but not limited to: private Road Maintenance
Agreement, Declarations of Development Restrictions with elements such as
Open Space provisions and protections, Homeowner's Association articles of
incorporation, and Homeowner's Association restrictive covenants.
(4) The applicant shall hold and document a Neighborhood Information Meeting as
required by Subection C below.
(B) "Planning Director Review and Approval Procedures!'
(1) The DAC shall review the plat and associated materials for compliance with this
17 Highly redundant requirement,as this is required by FEMA, NCDPS,and Orange County, per Article 6.
18 Redundant and unnecessary language
Orange County, North Carolina—Unified Development Ordinance Page 2-51
Article 2: Proced4r(94
Section 2.15: 17FMajor Subdivisions
Ordinance in addition to applicable local, State, and federal regulations.
(2) Upon receipt of the comments and recommendations from reviewers, the
Planning Director shall take action on the Preliminary Plat to approve or deny it,
with written explanation regarding any reasons that are the basis of a denial.
(a) The applicant shall respond with revisions within 60 calendar days of
receiving comment or request an extension.
(C) Neighborhood Information Meeting
(1) The applicant shall schedule a Neighborhood Information Meeting (NIM) and
shall obtain property owner mailing address information from Orange County.
(2) The applicant shall mail notices of the meeting to each property owner within one
thousand feet of the property proposed to be subdivided. Notices of the NIM shall
be mailed by first class mail at least 30 calendar days prior to the date of the
meeting.
(3) The applicant shall place a sign on the affected property including the date, time,
and location of the NIM, and the Planning Department telephone number. The
sign shall be posted on the affected property at least 14 calendar days prior to
the NIM.
(4) The purpose of the NIM is for the applicant to present the Preliminary Plat to
persons in attendance, to answer questions about the proposed subdivision, and
to receive comments from neighboring property owners for the purpose of
improving the proposed subdivision design.
(5) The applicant shall submit a recording, audio or audio/video, along with a written
report of the NIM to the Planning Director.
(a) The written report of the meeting shall include a list of those persons and
organizations contacted about the meeting and the manner and date of
contact; the time, date, and location of the meeting; a roster of the
persons in attendance at the meeting; a summary of issues discussed at
the meeting; and a description of any changes to the application made
by the applicant as a result of the meeting.
(b) The NIM report and associated materials shall be submitted prior to
preliminary plat approval.
(D) Actions Subsequent to Preliminary Plat Approval
(1) The Planning Director may issue relevant development permits approved as part
of the Preliminary Plat approval.
(2) If the applicant proposes to amend or modify the approved Preliminary Plat such
that is not a minor change, the Planning Director shall require a new preliminary
plat application.19
(a) A change may be considered a minor change if it does not involve any of
the following:
(i) Any substantive change in a condition of approval;
(ii) An increase in the number of building lots proposed;
(iii) Any 5% change to the location of or any decrease in the amount
of open space, buffers, or area reserved for recreation use;
(iv) Any change in pedestrian and/or vehicular access networks that
will alter traffic circulation patterns and/or road classifications;
19 It seems nearly impossible to qualify for a "minor change." Otherwise,we need to quantify what"substantive"
means.
Orange County, North Carolina—Unified Development Ordinance Page 2-52
Article 2: Proced4r(98
Section 2.15: 17FMajor Subdivisions
(v) Any change in the provision of services such as water supply
and wastewater disposal; and/or
NO Any substantial change in the location of utilities or other
easements.
(3) No building permits shall be issued to develop any lot or parcel shown on the
approved Preliminary Plat until a Final Plat showing such lot or parcel is
approved and recorded in compliance with this Ordinance.
(4) The approval of a Preliminary Plat shall be effective for one year from the date of
approval by the Planning Director. By the end of said time period the Final Plat
application, or, in the case of phased projects, the Final Plat for Phase 1, must be
submitted to the county for review.
(a) If a phasing plan for construction of the subdivision is approved, as
Permitted by Subsection F, the expiration date of the subdivision's
Preliminary Plat shall be governed by the time period(s) approved as part
of the phasing plan and any vested rights established for a Conditional
Zoning or Special Use approval.
(E) Preliminary Plat Re-Approval
(1) Should a Preliminary Plat expire, the Planning Director may re-approve that
Preliminary Plat, or portions thereof, provided any changes to the original design
are considered minor, as established in Section 2.15.1(D)(2), no more than two
years from the original approval date.
(2) A Preliminary Plat submitted for re-approval must be reviewed by the DAC prior
to action by the Planning Director.
(3) Only one administrative re-approval may be approved for any subdivision. A re-
approved Preliminary Plat expires after one year, upon which a new application
for a Preliminary Plat is reguired.20
(F) Phasing Plan
(1) A development Phasing Plan consistent with Section 7.3 may be approved as
part of the Preliminary Plat (hereafter"the phasing plan").
(2) A Phasing Plan may be amended upon application by the subdivider and at the
Planning Director's determination that the amendment does not alter the original
approval's commitments to subdivide land in relationship with surrounding
properties, including the sequencing of infrastructure and amenities to serve
future owners of the resulting lots.
(a) An applicant's request to amend a Phasing Plan shall provide a rationale
for why the amendment is justified and consistent with the previous
approval(s)for development.
2.15.2 Final Plat
(A) Development Improvement Requirements for Final Plat'
(1) Prior to approval of a Final Plat, the subdivider shall have installed improvements
required by this Ordinance or Board approval, including but not limited to:
landscaping, roads, stormwater infrastructure, lighting.
(2) In lieu of installing improvements, a subdivider may submit a Performance
Guarantee to ensure installation of required elements for final platting, as
provided in Section 2.27 of this Ordinance, and pending approval by Orange
20 The statutory vested rights render this power moot,should anyone seek an initial extension.
21 Make it clear that all improvements must be provided or bonded prior to final plat approval, and providing
references to requirements on how to do so.
Orange County, North Carolina—Unified Development Ordinance Page 2-53
Article 2: Proced4r(98
Section 2.15: 17FMajor Subdivisions
County.
(B) Application Requirements
(1) The subdivider shall submit an application in accordance with this Ordinance,
including
(a) The requirements of Section 2.2;
(b) The requirements of Section 7.13,
(c) One electronic copy of the Final Plat;
(d) The requirements of Article 6, including, but not limited to, a Landscaping
Plan and Stormwater Management Plan; and
(e) Required ancillary documents prepared in accordance with Article 7 of
this Ordinance.
(2) Any necessary Performance Guarantees, as determined by Orange County.
(C) Review and Approval Procedures
(1) The Planning Director shall determine if the application is complete, the Planning
Director shall approve or deny the final plat, with written explanation regarding
any reasons that are the basis of a denial.
(a) Final plats that include elements requiring Board of County
Commissioner approval shall be referred to that Board with a Planning
Director recommendation of action.
(D) Actions Subsequent to Approval
(1) The applicant shall submit a mylar original of the Final Plat to the Planning
Director for signature within one year of Final Plat approval.
(a) The approved plat and any associated documents must be recorded
within 90 calendar days after the Planning Director's signature, or the
approval shall be determined to be void and all materials will be required
to be resubmitted.
(b) The Planning Director may extend the recordation deadline by an
additional 90 calendar days from the original date of expiration upon a
request by the applicant that they are unable to meet the deadline due to
demonstrated causes such as weather conditions, financial impacts, or
permitting delays with external agencies, and provide evidence that such
causes are beyond the applicant's control.
(2) If the applicant proposes to amend the approved Preliminary Plat, the Planning
Director shall determine if the amendment is minor, as defined herein, and
requires only a Final Plat revision, or is a major amendment and requires a new
preliminary plat application.22
(a) A change shall be considered a minor change if it does not involve any of
the following:
(i) Any substantive change in a condition of approval;
0i) An increase in the number of building lots proposed;
NO Any 5% change to the location of or any decrease in the amount
of open space, buffers, or area reserved for recreation use;
(iv) Any change in pedestrian and/or vehicular access networks that
zz It seems nearly impossible to qualify for a "minor change." Otherwise,we need to quantify what"substantive"
means.
Orange County, North Carolina—Unified Development Ordinance Page 2-54
Article 2: Procedulr(9?
Section 2.15: 17FMajor Subdivisions
will alter traffic circulation patterns and/or road classifications;
(v) Any change in the provision of services such as water supply
and wastewater disposal; and/or
NO Any substantial change in the location of utilities or other
easements.
2151 RAWPIM and DanagC".�vrnr�P-rrnvna$SS FIMM Chart
2.15.2 r-nnGep P4ar'23
(A) Pre Applisatien Review
aGGeptable subdivision proposals, ezanh subdivid ii- aged to rneet with the
Planning Department staff prier to submitting an app!'Gat'()R fGr GGnGept Plan approval.
The purpose of this infb-nm-al meeting is to introdUGe the appliGant to the provisions of this
n Yltlnanr.e any- disnuss his/her obientives in relation thereto
(13)Qn-Sote Vmsm1E24
0) Pr�esubmiss ey a Genre t Plan IiGatien the ppliGnn.+t .alp ulne a
lT� �rT-'rnraPnPrT ,rrvrr�c'apP'T Srh SF.I'}Gd
mutually
Genvenient time to walk the preperty with them Directer. The
purpose of this visit is to familiarize the Planning Direeter with then perhy's
spedal features, Rd ten vide a informal o nertI JnitY to efter guidanoe to the
plisant regarding the tentative Ior.atien of Senendary Qpen Spase Areas
potential welling Ieoatiens nrl petential street alignments �.D
(2) Prin�vr-to-S6rh-red"WiRgg the-nvrnr-site visit, the appliGant shall have prepared the
Analysis Map a Fequired in Section 7 9`2 2(A)/Z\ and shall s m-ihit the Site
v.e Analysis Map to the Planning Director hen the nn_site visit is snheduled
/R�)if th,-Q visit is SGheduied -h re hmit#al of the f`nnGept P T
(C) Application Requirements
0) Applications shall be submitted on forms provided by the Planning Department
accordance with Seabee 2.2 of th's Ordnance
(2) Applications-sh lull income:
(a\ 11n Orange County Geogr phir Inform atien Systems (GIS\ Map showing
�u�.c��Orange r9vvvcn County `� .rCvTv/-rvTc`lT n
the lecatinof the parcel to be s"h�r
/h�)25Gpic f a GenGept Plan of the proposed major subdivision prepared
in aoozr GOrdanGe with the spenifioations for(`nnoept Plan drawings as
centamned inrSoerfinain 712-. \ of this A Goneept Plan shall
thp- following:
A Site Analysis Man
AveenVentinnal DeyelopmeRtOption; and
A Flexible Development Option
23 The Concept Plan has been ineffective as a Planning tool-applicants are either unprepared for the Concept
Plan's requirements or they have assembled the data to immediately proceed with preliminary platting.
2'The on-site visit is intended to identify most valuable areas of a property for conservation. This is not what
occurs on these visits.These data are best generated by computers and provided to staff.
Orange County, North Carolina-Unified Development Ordinance Page 2-55
Article 2: Procedulr(98
Section 2.15: 17FMajor Subdivisions
!Z\ IR lieu f at�ree r+Geneepf-PIon one Gen eelt Ran may be submitted Of the
plicant is eking a gal only of a Flexible Develepment Plan Theo plicant
may also nnmhine the Site Analysis Map and the Flexible DeyelopmenI Q. inn
into a single plan provided the information required in Cectien 7 1Z 2(A) is
displayed in a nlear and legible form If an applicant chooses this option he/she
shall comply with the previsions for determining density contained in Qentinn
7.1'
(4) A cow of the impact's of Flexible Development Option to those that
i.gou Jd result from the (`nnyentinnal Development Option.
in Rention 7 17 Q/R\
(6) Number 10 (business)sized envelopes�Afmth forcSt pestage affixed addressed
to each owner of property in 1 Q-0 fee+of the p ner+y p ed +e he
ubdoy0ded Then nr- d adresse of preperty aWRers shall he based on the
cUrrent listing a shOWR in the Orange County Land Recerds System
(D) Neig"hnrhnad Information RrMeeUng
0) As a onent of a Geneen+ Plan appppliGa+ion the applinant T�nedi ll ee as
`•, address information from Grange ('minty Land RecnYds data and mail notines of
the meeting to each ewner of preperty wi+hip e e theusapd feet of the n erty
prepesed te be subdivided.
(2) NGtiGes of the Imo;Prshal�.11 be mailed by;lrsf Glass mail at easf 1�4 days he
date of the meeting
/4\ li + II la the ff di tins the+e+al
�� a-a�Rea„r a.r-p.�ee�s�gn�-anesf �Per#�=;,,aTea����
ether of lnoti proposed, he�e_tome, and- l non--ation E)f the NIM; and the
Planning Departmenttelephone number. The sign shall be poosted�nn thie
affected property at least 14 days prior to the N1M. The I1rshall be held a
min.M.um of 14 days prior to the Planning Board meeting at which the concept
plan is Scheduled to he reviewed.
(4) The purpose iAI I� r the appli an++�esent the tPllaarn tG
tg re iye comments from neighboring property owners for the purpose of
I mprg\/Ipg the proposed subdivision design
report of the Neighborhood Information Meeting to the Planning department at
least 14 days before submitting the Preliminary Plot
(a) The written report of he Meeting shal�Gludelmst onhsse persons and
n roan izatinns nnntacted about the meeting and the manner and date of
F.rin- ;;nt- ti t-tme,date and Innatinn of the meeting; a rester of the
persons in attendance at the meeting•' a su rnmary of issi ies dlscl�ssed at
the meeting; and a desnriptien of any changes to the application made
by the a plicant as a re;--It of the meeting
(€)ol�i^9 Director Review Procedures
(1) The Planning Directorm . shal�epareF�_e and submit a recommends+inn tg+he
Planning Board which shall include the following•
(a) A written analysis of the Concept Co�_�Goncept Plan;
(b The Concept Pi_Pa�_ s pa lran' general compliance with the requirements ements of_+ihis
one Comprehensive, theo n Plan and other applicable codes and
ordinances; and
Orange County, North Carolina—Unified Development Ordinance Page 2-56
Article 2: Procedul"M
Section 2.15: 17FMajor Subdivisions
(s) The GGMrneRtS of ReighbeFing property E)WRer6expressed at the
Aleighberheed Inferma+ien Meeting
ld`F) WhiGh Development Option B.nQed- fnr tQvp �
Preliminary Plat nrncessing
(2) The Planning DirPr_tnrshall be owed t defer theapp"Gationand
recommendation for one meeting hevnnd the Planning Board meeting at whinh
the application to he heard
l Circe lanning Board Review edges
Beard shall c cider the f gnGen+ DIo and take aGtion OR the proposals.
I g Beard II ha is + ding s to the nfermity of
r� Tie-f'�n��s�i�..,-,��se�z�stic��R ;,;�,g:r-a��ee �
then als with all applicable r u latiens and shall:
(a) Appreve e Development Optie
/h�)Appre„e a Deb/elGpM8RtrvPtiGR suvJeGt to Gendi�ns; er
(s)Deny the eDevel e prmen terns
(3) The Planning Rnard ?halte n-.n inh Ether the development should nrnneed as as
Conventional Development Option or as a Flexible Development Qp+inn
(aa) if that dote approves the Development Option rresornmended by the
Planning Director, the vote by the Planning Board is the final denis inn nn
v.fhe+her the development proceeds as a Conventional Development
Option or as a Flexible Development Option
/h�)if the Planning Beard „e+e is etherthan o appreving the Development
Plan Option r ended by the Planning Directer, the appli a+ien shall
he fepyarded to the Beard of Cep inty remmissioners fer a decisien o
whether the development shall n eed a a Cenyen+innal Deyelepmen+
Qptien o as a Flexible Development Op+inn
(A�)if the Planning Beard approves a Development-Option sutjest tO eondit+ens SuGh
conditions shall he reasonable and shall seek to ens ire nnmplianne with
appliGable regulations.
(5) if the Planning Board denies both Development nr-�ption.6, the_reason r the
denial shall he stated in writing to the applinant and entered into the minutes of
the meeting at which sUch action was taken
(6) if the Planning Board fails to take action within two regularly scheduled meetiRgS,
or extension thereof to a date certa'n 'f such extension is agreed to by the
applicant the application shall he forwarded to the Board of County
mm Co 'ss
'oners with the Planning Board minutes and the Planning Director's
recommendation
(G) Actions Subsequent to Approval
0) Ida GeRGe t Plan Deyelopmep+np+inn i approved or appreyed with d
rEen +iens
the Planning Rnard Chair shall endorse the approval on three c pies of the
approved Development Option. TwE)GOpiesrorthe approved Development
Option shall he retained by the Planning Department and one cnpv shall he
returned to the subdivider or his/her a-Wherized agent. One c of+he
unapproved Development Option shall he retained by the Planning department
for mttsi lees. The unapproved Development Option shallFrl be stamped "NOT
(2) Upon of a Concept Plan Development Option by the Planning Board
the subdivider may then proceed with the preparation of a Preliminary Plat that is
consistent wroth the approved Concept Pori
Orange County, North Carolina—Unified Development Ordinance Page 2-57
Article 2: Procedulrfa
Section 2.15: 17FMajor Subdivisions
(3) The appliGR.+rshollhaveye-Arq-frnm +hn date of ono ,ol of+hn GenEept Plan
Deyelepmen+Op+inn by the Planning Board te prepare aand file an plica+inn for
Preliminary Plat approval If a Preliminary Plat for si ibdivisinn has not boon
mitred �nyithin +he specified time limit the Goncept Plan Development Option
shall become nu dl and vnmd
7 15 4 Preliminary Plat
(A) Generally
Preliminary Plats except and to the extent that annlinahle I Inified Development
(2) The appliGant of a major subdivision may r__hoese to veSt the Preliminary Plat fe
a longer time p ed than is a+herwise provided by this Cec+inn If the applicant
w shes tee a this eptien the application a yal n ced6 Tres in Cen+men
7 F 5 shall apphy
(B)AppliGation Regalremenfs25
Fer every subdivismen within the territGrial jurisdiGtien established by Mode 1 ef this
9rdiRanee and which .Dees not qualify fer exempt er miner ubdiyismpn appre al
PrOGedures, the subdivid-e.r shall submit a Preliminary Plat whiGh shail be reviewed by the
Planning Board and approved by the Reard of Gommmssmnners before any site
dietwrbance cnnstrUntinn or installation of improvements may begin
! ) Applinatio e_e II�eebmitied on�ms provided by the Planning Department
annnrdanne I.ym+h Con+inp ') 7 of this Ordinance "h'
(2) AppliGatiens shallhall%e
....^j"r subdiVisiorrGheslF1'sf ferm as preSGribed by thew
Department•
T
(b\ f th Plat f the bdiVi d
r�� c�;�;e?-;�-�,T T y ter«-propose s�, s�o�;�ep�,-1,T
accordance wroth Cec+men 7 1i1 `)/R\ of+his ordinance•
(c) th
A,in Orange gl_rangy�`. my Tax rr
wing the locationzrv -of the to be
subdivided;
County
(dd) A opy�rte Preliminary Platindicating the Health Department's sori8
analysis appre-yal/denial for each In+shown thereon;
(e)A written statement by the appneant er h0g./her-authoraed represeetatiVe
yihmnh sets forth the mi ls+ifmca+inn for a private read of applicable;
(f) Auxiliary do rrncet n draft form prepared 'n a clan with Ar�le 7
�� oc�l � � �„-aese;�rTEe�m r�-r
of th's Ordinance which ensure completion and/or maintenance of
♦ . vyernents requiredrr _b.y this Ordinance, including, but not limited to:
N g private road maintenance agreement, m hneowner's association articles
of incorporation and homeowner's association restrictive covenants-
(g) A stateement describing the methods methoda sed to protect_.eRVirennmentaar
resources 'dentifed 'n "An Inventory of Cites of Cultural, I-I'ster'r
Pecrea+ienal Riningical and Geelegical Cignificanne OR the
(hh) OrangeCountyClendplain DeVelnnmeRT Permit, pl.Gablle.
zs Nearly all of these requirements are detailed elsewhere and identified as necessary elements of an application.
Or they are additional and unenforceable desired application features that are problematic and not currently
required by staff,as such.
Orange County, North Carolina—Unified Development Ordinance Page 2-58
Article 2: Procedul"Tt
Section 2.15: 17FMajor Subdivisions
(C) Planning erector Review Procedures
/�\ ese +toanGe f a preliminary data pliEa�� dannong nor shall
rr-�l�p� p �� ,� e� �esto�sh
determine if the plat and application nnnferm I..fith all applicable regulatinns
Ses#inn ') 27 of#his Ordinance shall he submitted by the Planning nirenter to
a mr� �rcrrrvvramarrv�.�r�t�n--yr.�cn.�rrrrazcv�z�m�—o�rcvcvrcv
the County Attorney for revieiv and rennm mender#inn
(3) pan re6 eetee DreamPlat annlinotinn the Planning niree#rod
shall submit GGpies of the Preliminary Plat and a aGGE)mpaRyRg material to the
fnllnWong Officials and a s far reviewand c en+•
/a\ Di f theN.G. n rtm + f Tran rtat'On to reVi
��T�ic�str�c� €n�:,�ee�-�T� Qe�er�ee�r<s �-r
prepesed public streets, highways drainage sy
/b\ grange f a� Rty Health n r+m +#a +
��T�i:�����ea,�,--�eper�en�-revTeosed�si#c�i�er
supply and sewage disposal systems;
/c�)The Rn�nofrErdFr--.atinn of the appropriate nnl diet�+ttoTeyiew the
resenia#inn of proposed schnnl si+es and the impact of the proposed
i ibd'y'sion cm snhool a rellment capacities•
(dd) The Oro�nge County E esionn Control (1�rto revmPIM the Erosion and
Sedimentation Gontrnl Plan 11 Aanagemen# Plan•
(e) The n� age County Department o €nyirnnment Darks a�DeGreat on
.�to r the lava#ien `suitability and fadities n sed fer required
recrea#inn areas and to reviewi histnria and er ci lit Ural r
/f') The QraRge GGURtyCIeedplain d Ministra�TevieW Cemmnpdrt"a RGe with
Special Cdeed Hazard Area r ula+iens•
(g) The RaRRORg Department and/er Planning Beard of the a iate
mL iniainality where a cnurF 4ced- ire has been established by
agFeeMeRt heb.yeen the County and the munidpalifir
/h) Theappropriate i itility provider when p�i YY �mmu ;ter^'�ndrvr
sanitary 6ewerage systems areas'se`""d to 6eNe the subdivision;
The Orange Soo! and IN-ater oistFiGt tO review a general
soils descrip#inn and interpretation; and
The GGU„ty-^t�n.ey to nevi the format and a iatepass-0f
prepesed restrictive covenants' homeowners association agreements
r! ma
intenance agreements Performance Guarantees and other
similar dace rnents
(4) The re�ii�_o.agora�nierssesignate��ea_in_C3shall review the Dr t aa Preliminary Plat shall
prn�iv.o.ide a a report to the Planning Director on the basis f the suitability, provisional
suitability, or unsuitability of the proposal
(5))Where itms determoned that a'lternat+ve measures are required�Qer for the
prreeppesal to be fled as "suitable," a cei ifretltl8rrA-f"provisionally suitable'
all h approval is withheld on this ha the er
shy..,--,�e�ded. ev�ea4er-a�r�� ,��s+s� �-ev���r
shall identifii the reasons far sUch class ofocatoan and recommend measures
reGeMmeed and the Beard of Gee Rty GOmmieeeneer may appreve, identified
measures as conditions of approval of the Preliminary Plat•u provided however,
the recommending reviewer has the a thirty to enforce s measures.such measres �
(6) Where no alternataves are ava'lable to address the concerns of the
Elassofmcat'non_o. _a.�nf" �nsuota�.�ablle" shall be e_provided. The reviewershall provide a�list
of the reasons wh'ch resulted 'n such designation
Orange County, North Carolina—Unified Development Ordinance Page 2-59
Article 2: Procedul"T2
Section 2.15: 17FMajor Subdivisions
r7) I.,en FeGempt E)f the-Gernmrrents and reGGFR reF d--At0A-.ngfrA-rn reviewers,, the
Planning --'renter shall submit to the Planning Beard- a writ+ono alysis of the
plinatiop apol his/her re endla+inn
(8) The Planning DireEtGrshollla permitted +n�rthe appliGation and
m d-
rennmena+inn fnr one meeting beyond the Planning Board meeting at whinh
the applinatinn is sashed--sled- to he hears+
(D) Planning Board! Review ed{--resM
0) The Planning Rnarr- chill review the applination and- the Planning DireetroF'e
report at a regularly sashed-uled meeting apd- shall prepare written
renemmendtatlen to the Beard- of Geun+v(`nmmissiopers
(2) All interested PeFSORS shall be given the OPPEWWRity tE) speak and ask queStMeRs
regarrvmg the-ca ppnp!'Gat'GR at the meetl„gThe Papping Beard may plaGe
reasonable and!fair limitations o ents opts and- g estions tea eid-
(3) The Planning Rnard- chill take ad•tinn nn the appkatiieR solely on irtsfin�gs e
m d•oplianne with applinable regulationsand- d•nndlitinns and- shall renommend:
(a) approval of the appliGation;
(bb) approval vVith d•nndlitione; or
(G) denial of the applinatinn
meetings,
er extensiop+hereof, if agreed! to by the a plinan+, the applinatien shall he
d-
fepyared- to the Beard! of Gee my Gemmissioners with the Planning Beard-
minutes nd- the Planning Direntor's r endlatinn and any endlitiens
(5
) if the PlanniRg Beardes the appliGatien with ndi+inp ndli+iep
.�rramrnTs, s{� .�rramv��s
shall her able apd- shall seek teeRSUre plianne with a plinable
regulatinns and the prevision of-itilities and-/nr other fardlities needled- to sense the
proposed development.
/R�)if the lanning Board- reGGMmeaFappreval with Genditions, applioad nay
amend- his/her a plinatinn to nnnfnrm to all nr some of the nnnd-itiens provided
the Planning --iron+or r s the amended- applinatinn fnr d•nm plunge with
applinable regulations and nertifies that the amend-menu nnnfnrm to the
seRditions of the RaMiRg Bid-reeennMepdRtiAA IR ash-eases, the Planning
Director may amend his/her report to conform to a all of the Planning
ard's_recornmepd-aaat.mo�inna. The lannning v-rector shall then forward h 4her
report and the Planning Board's recommendation to the Board- of County
Gomm'ssbners for nons'd-oration at its next ava'lable business meet p
(7) The Planning Board shall also make a recommendation regarding a Resolution
of Approval. The Resolution of Approval shall Gen+aain iteMS GR whTihiGhGlarityand
d+ree+inn to the appliEantrr<andler developer may be necessary. These items
0nd �d e but are not limited- e--.
n-ra�� -arc��vc-rn�-rrccaz�
(aa) Sewage disposal issues,
(bib) Reads Yannd-aGGess -------
(G) Landsei+f#erls and la;assap'R- le
(d ) ra nage�es{a�
ze A major subdivision either fulfills the county's requirements or not.The County has no legal position to impose
conditions on such an approval. Introducing the Planning Board and BOCC in a discretionary capacity is
unnecessary and problematic.
Orange County, North Carolina—Unified Development Ordinance Page 2-60
Article 2: Procedulrf
Section 2.15: 17FMajor Subdivisions
(e) Parkland and resreatienrissues, a R d
(ff) Other en�i-rental Issues:
(c) ovwry of County vvmmivv�vncrs Review and Approval RresedaCes 27
—
/�1\ The Beard- of County Gemmisso.ners shallTenePethe Planning D*F8Gtt0r'6-repoorrtc
d+an the Planning Board's r..onn mm r+_on +inn "Y
(2) Preliminary D pI Cations shall e plaeed -on -A _Reard of GGUnty
('ommissionerS husiness meeting agenda %yi+hin 90 days of the Planning Board
Kenommendtation The Beard of County y Commissioners shall ogtunon the
apploGat191 `tea reasonable o nt of time. deii3e "Fu bRs and
oohs iddera+inn of the applioa+ion the Beard of f e��n�ty f A-Mmissieners m ay
r�nli idle
the r s for the need fer addrdi+inal a alysis and+ review.
(3) All interested peFSORS shall be given the GPPGFtIJRitY W speak and ask queStOGRS
regardiRg thhee_ appear+ion-a+ i��h� sfr�ss�eefin^. The Rnord of fey�n+"
�-
Gommicsigners may pdaoe r able -and- fair limitatienS an GGM
ants
aFgammee ruts andcetioe6 t avoid- undue delay. Beard of(`nmmi����r�
Shall base its agtien on its findings of Genformity with all app"Gahle regulations
and shall:
(a) Approve the appliGation;
/h�\�Approve s or
(G) Deny theT' app"GatiGn
/A�)if the Beardd of CG Unfi,Gemmis�ne-sappreve the apppRGa+ienn with GeRd+i�ns,
USh Sond+itiens shall her able and shall seek teensure pdianSe w0th
to s e the n erd ddeyedepmen+
(5
) if the Beardd of CO Rty remmig�ner approves the appliGatien withrGGRdi�ns
e.r de-;;es the applriEati Teasens for sue""Qesss+sn g-h-;;" be stated�writing
to the a pliGant and+ enterer) into the minutes of the meeting at whinh si IGh aotion
waSeta LeeR. the
(6) dd-Rear of GG ant"rommiss+en�r�shall also take aaGtien-ovR the R P_s61IIuciovrrovf
(F))AGfiens Subsequent
0) l I.,nn ,al of the PFel4I'Rary Plat by the Beard of County(`nmmiSSOGRe s,
thp si ib�oiderr may proceed with the preparation of the Final Plat and the
installation of or arrangement for required improvements in accordance with the
approver! Preliminary Plat and the requirements of this Ordinance.
(2)if the appkatnp i rrn ye d+ or approved with conditions, the Planning Director
P. PlIGable development permits required to i construct, install, and use
mprevemen+s a dd ye as part of the Preliminary Plat approval
!Z\� No buildingpermits shall he�issued to develop any lot or pareel shown the
approved Preliminary Plat unto! a Final Plat showing sUgh In+or parcel is
approved and r ord+edd in oomplianoe with Ceotion 2 1 G A
!A\ if applies t proposes substantially amend�l o me dif y hisi Yer appliGati#fiend
�� 'mac-ca�Tr 'Tc-pTvPv o- rT --aT'� a-vr�rtvarry-�� -ca-pprr
PFel!M!Rary Plat after the BA-ard Of GA-1-IRty COMM 0660 GAG.FG; have has appFeved
V - " ' y Plat, the appimcant shall submit an amended application for review
pl'nation
27 A major subdivision either fulfills the county's requirements or not.The County has no legal position to impose
conditions on such an approval. Introducing the Planning Board and BOCC in a discretionary capacity is
unnecessary and problematic.
Orange County, North Carolina-Unified Development Ordinance Page 2-61
Article 2: Procedul"T4
Section 2.15: 17FMajor Subdivisions
(5) The apprcwai of a Dr Plat II he ert f one y from
eli r ,��sh�� esi:ive��,=-�pe�i�--��ea;�„�
the date of approval by+he Roars-! of f o Unfit'f nmmissonef6. By the end of said
time perinyl approval of the Final Plat must have been obtained from the
Planning D*rectnr, although the plat need- not have been record+ert in the Office of
the Register of Deeds
(6) y plat or portion there-ofnnot T8+�final plat annreyal i.yi}��het�ppprio
set forth in (5) �a�.,b,.�o��v��e shall he ni 1II"a�invoid evr+eeppt under t�..rhre fnlloiNing nn"nhdiit�ion`:
(aa) The slurfiy-�lslennsv -h-Uil�rc in or phases, and a-prhrc sing plan9- as
approved as part of the Preliminary Plat-,
(bb) The perled between the appreval .date of+he Preliminary Plat and+ the
appresal mate of+he Final Plat for+he first phase .Does note eed o
d
(6) The peried between the approval .date of the Final Plat of the first phase
acid the approval date(s) of the Final Plat(s) of any subsequent phase(s)
does not exceed +he time limits spenified in the phasing plan of the
Preliminary Plat. if no phasing plans is indiovc ted, then the between
Final Plat approvals shall not exceed- six months
l7) if a phasing pla nonsteun+in the -subdivision iisaroved, the evpizT�rarrat�on
rta+e of the Preliminary Plat shall he governed by the time perinrt/s\ approved as
part of the phasing plan
CGT miniet-r.at-mire_Re-Approval
0) The Bannng i DoFeE .,ithin �ear�c e*piratien of a Preliminary
T� �r tar-R,a�
Plat r approve the expired Preliminary Plato per+ions +hereef, as long as the
subdiViSiOR design and GGRditiens of approval are on GempliaRGe with subdivisieR
re_approval,
and any changes to the original design or r+nnrt i+inns of approval are
cnnsirterey-1 minor
(2) A Ghange may be GGnsidered a inGF Ghange if i�esN QT involve any of the
following:
(aa) Any change on aonditinn of approval;
(b)Aly Ttt -O,� - r Grease on the `nay,:l er of building Inds proposed;
/n�)ARY eebs+an+ia ge !R the location of or any decrease in the arno un+
of eppen
, spa h i#e a reserved for
(d) ARYs ehstan+ia ge R pedestrian and/or vehicular access r
circa Ala+ion inGli ding rear) classification;
(e) ARY Ghange n�the-preV��;en-afse+v;Ges 66Ish-as-water supply and
wastewater disposal; and/or
(ff) Any substantial change onn the location e 6itilities coF A-ther eaSerents.
required fer cwiginal preliminary plat approval.
(4) ifII ehangesfrroomT original approval are Fens+dered�r-Ghanges, the
PlanniRg D-rreGtgr may re-approve the preliminary plat. The re_approval shall
stated ip a format which substantially conforms to the Resolution of Approval
adopted by the Board of County Commissioners when apprrnn ng a preliminary
plat-
Orange
County, North Carolina-Unified Development Ordinance Page 2-62
Article 2: Procedul"T8
Section 2.15: 17FMajor Subdivisions
/C�)QR Ristraatrce-re_approval may he approved for-any subdivision. ifa
re-'cappreyed Preliminary Plat expires, the subdivider shall be required to resubmit
a neiv Prelims nap, Plat for the
be
��,e trout nr portion thereof for hinh approval has
expired. The new plat shall e�eet to all applinahle regulations in existen-ge-
at the time of resubmittal
(H) Amended Phasing Plan
0) The development phasing plan approved as part of the Preliminary Pat
(hereafter"the phasing plan") may he amended by the Beard- of County
upon app ppliGatin� the su bdiyirter
(2) IR determini;g whether to appreve aR mended phasing plan, of
County rnmmissinners shall a cider•
(ter) Whether a al of other diligently-pursued regulaa eryrequirerneRtS GaR
he obtained hefere the expiration of the time p eds established in the
phasing plan;
prrusrr�-pram
(bb) The quality of and length nf�tirn ee of the experienrUe offt the subdivider n
managing development prnieets•
(E) Wheett�her�e.rs other than market eend%nons an beyond the Gontr�e
the. oauseod-cdelay Ona-ameeting the phasing r
(dam) Whether the development if
pre eGt,s-�-GOmpleted�P-onslsternt�n,it the
approved Preliminary Plat will and or meet an important publin poliov
goal established by the Beard of County('ommissioners•
(e) Whether the app:Teatien fer a mended phas+ng plan was submitted
hefere the p .sly a ,ed time limit(s) lapsed;
(f) The es�ty f and pra�Gality f the subdivider deer d
�� e� �-;ter-Qaaa--p,� a.ay-erzaa� er�Qeveloper
completing the development p eet a istent with Orange Gee inty
regulatieps a plieable if the phasing plan amendment is net granter; apd
(g) Whether the tome hrGh must be GGImpreted er
would he extended by the revised phasing plan
G1 the _;;aEtn_r6--listed above the Roam! of County Commissioners may, in its
diSGretinn and for good GaaAse shown, grant the amendment to the phasing plan
manger the pUblie's g ral health safety and welfare
/A)if the Board of County Commissionersapproves an amendment tz_oo_��theephasing
Nplan it may requi.eg ire reasonable additional conditions of approval of the
unapproved final plat(s).
2 45 A Final Plat
z.
(A) Prier te approval of a Final Plat, the subdivider shall have installed the improvements
F,PGG!f*ed !R this Ordinance or guaranteed their installation as provided in Section 2.27 C)
this Ordinance
(B) No Fonal Plat will be aGGGpted for review by the Planning DireGtoF 61RIess aGGE)mpanied by
written deep�mentatien ackpewledging cnrppliance with the impreyemept and
P�or�Rr_-x_n r'_u tee standards of Reaction 9.77 of this Ordinance
(C) The-Final Plat shall � st+te-te only that--pertiep of th�r Preliminary Plat hiGh the
1TTarTfaf L(TT- noRioTrVr�TT T �AL�PrfT TfTG
subdivider prepc)ses to reGerd and develop at that torne. R_,_-r_-.h pertieR shall Genferm to all
re . sirements of this Qrdipance
(D) Application Requirements
Orange County, North Carolina-Unified Development Ordinance Page 2-63
Article 2: Procedulrfa
Section 2.15: 17FMajor Subdivisions
aGGGrdaRGe yVmth Sec+ien 7 7 of this; nrdinanne
(2) AppliGatiens shall lose y�
(a) 'ye nnnie6ofthe Finalr+a
prepared in annnrnne,A,i h SeGtien 7 14.3
of this rrtinanne• and
(b�))Auxiliary rinnUments in find form prepared in annnrrtanne%vi+h Artinle 7
of this Ordinance whinh ens ire nmm�leYo+inn �nrl/nr m�inton�nno of
n rn" n.tts required by this QrdinanGe, ind but
ding bt not limited tn:
private read m nteRance agreement, erty a a+inn
ar+ocles of in ra+ian Rd n ert y a a+ien res+rip+ive
GGyenants and aRY red Perform a G rorantees
(3) The Plat of+he �h���ner any pnr+iA-n +hP_R8A_Tshall he submitted net
mere than An,
after the date OR rn,hinh the Preliminary Plat rnas yerl
un ss the subd'V'soan is being developed on nrdanne with a approved
phasing plan under Sec+ien 7.3.
(4) f a Ci�l Dlat0s;not Wit rtp- tome p�d Spedfied in (3) +hoc
PreliminaryPlat approval sh ,-II and void The 1;1 lhrlividpr shall he rentDired
to resu bruit a nerN Preliminary Plat application for the trap+or pertinn thereof for
rer,iern,as a new application
(E) Rev+eiR and Approval edUeS
0) Upen-aeseptanGe of a Final Plat appliGatien, the P Dire6i:Or-Shun
determine of the plat an.+ application nonfarm with all applicable r ula+inns
incl ding any plicahle GGRdi+ions of a ,ed Genditienal nos+rip+
(2) Auxiliary dOGUments as required by Mode 7 shall be submitted by the Planning
Aires+or+o the GG Rty Attorney for review and r enda+ien
(3) pan reGeipt� of thGeT�+nm aa�� f the County Attorney, Dl n�
—Doren-ter shall tale action on an application solely on findings of nnnformity with
all applinahle regulations and shall:
(a) Approve the appliGation;
/h�\ Approve with GORdi�TS-0r
(G) Deny herre application..
regulations.
`5) if the Planning Director approves he application with conditions or ae_nieeniesthhe
application the reasons for such decision shall he stated in writing to the
applicant.
(F)Actions Subsequent to Approval
0) if appliGa� s a ed or apprev� �� r�ne the appli�n�shall
1T� TT�PPTT PP'�P �� �PPTT
submit a reprerL Inihle mylar original of the Canal Plat to the Planning Direntar fer
endorsement within one year of Final Plat approval
(2) The RaRR'ng DiFeGter shall obtain all required SigRatures and shall
endeFse approval of the vent Canal Plat on the repred ic'ble mylar original
after all other certification signatures have been obtained The Planning director
shall prepare the Declaration of Restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 2-64
Article 2: Procedulr�
Section 2.16: Subdivisions in the Economic Development, Commercial, and/or commercial-Industrial
NodesReserved30F
fi,ro h Main and GGURty A++emey I
s+g„�� �„e-,�eefa�T ���review OS The
appligant shall then make an appointment with the Planning D*regtnr to have the
approved plat and any ass dder__-_,�'e'n't's neGessary to ensure GonformanGe
�4thzh r�ala�atioons--reroord-ed in +he Offire of the Register of Deeds. The er.-cmn n�rrceved
plat and any assoria+erJ rtogUmen+s must he rennrr•IerJ within 90 ,Jays after the
Planning DIrerter's endorsement of approval
(4) The Planning rlirP_r__tror shell aognmpany the appliGant to the Register of Deeds
!l#ige+o e e the a ed plot and aRy red dGG Uments a girded in
the g eo+order and +o fill in the heel and page referenges where a pligahle
+ shall h h n the d they to h � deed � der is
Doc�„�en�s-.�h�..,--ae nt;,;,,�ered�Qer��,�e�-ese;� ;tea
as fellows:(a) Annre"ed plat,
/h\ d Main+ + 'f required���oaa-ro.�,,,�ea�ee�ee�en,��,a.r
(G) Deslarat'GR of Restric#fcRS,
(r ) Her„-7eowners/Preper+y QWRers'Asseciation ,1og61menta, if required, and
(e) Any other assec�ated ou t
/G�)if the Final Plat is AP-t recorded wi�rithiRhin the Spe+imied time period, the Final Plat
void.
(6) The Planning DffireGtOF may tixtented the deadline for reF.errdaation, 'rr-prvyiaed the
appliGart GaR derneernstra+e a geed faith eff rt tG GG;,PlY with the dead"Re,but for
reasons heyend his/her Gentrol foils to meet the r en+s for re ordatien
within the s gified p ed �
vri
(7) Final Pla+ r II reform +e drawing +inns d fi +ion
� ��s- ;wee spas ea��-uf,�ee#;neap
requirements fer Final Plats gontained in Seg+ien 7 14 3 of this Qrdinange
(8) of the approved final plat, and any requiFed auxiliary dOGUMeRtat'OR
shall he w0th the advise and nnnsent of the Planning D'Fen+or
2.15.52.15.3 Certificate of Adequacy of Public School Facilities
No approval of a major subdivision preliminary plat or a minor subdivision final plat for a
residential development shall become effective unless and until a Certificate of Adequacy of
Public School Facilities (CAPS)for the project has been issued by the relevant School District.
See Section 6.19 for standards related to CAPS.
SECTION
Nodes s mdentified in the Gemprehensiye Plan shall submit an appliga+ion in
aGGE)Fdange with FeqLJ en+s s 6fied in Seg+ion 2.1 G 4/R\
28 This section has never been used and is already addressed in the Subdivision and Zoning sections. Maintenance
of the section as"Reserved"will avoid internal cross-reference concerns for latter sections in Article 2, and has
been identified as a useful location for a pending amendment staff is considering.
Orange County, North Carolina—Unified Development Ordinance Page 2-65
Article 2: Procedulrfg
Section 2.17: Vacation of Recorded Plats and Road Abandonment
(D) All reads 'R the Ned-es identified OR (A) abeve are required to be publiG and GE)RStF61Gted te
nlorth Carolina Department A-f TrAR-sper+o+iOR standords
(E) FiRal plat approvals shall fellow the final plat approval PFGGedlurecs on Ser.tieR 2.15.4.
/C,1�Additional Req sir ntts fo-rrillsberou7gh iGGAnmir rlo-iolnnmon+ Di�-i��
0) I.A.-hen rnnrl itinnal Dis"�" reze ing peti+icry ris-a- d,, and the traGt tha+c-is
sub}es+rof said FcZp�sprropoosed to be s ubd—kir-ed- all Provisions of 4r+inlo 7
shall he co+isfied
.�rraa -�.�.�ana,-ri.�.
(ate) The appliGant mayhtain approval of+he a � ernrs4nartaneoF`�y ,nn+hl
the gal of the -aZ �f SUAGOee+ i�nfo�rmA�n (i.e. let lino I�,'+ o�� ��
etc--Is-shE)Wn-oOR the site plan ., at o later tome_
(b) The_subdovoe'en ehallllbe_Gen f the
sistef�+with the terms approved
Genditional Distrint petitien
(G) if the approved CORdi+i al DistFiGt reZsoiRg petit'E)R establishes density,
flee area,impefvees sunaee er similar limi+a+i ns n the+raGt+ham+
rezor+ed 9F�'onY por+innn thereof, the s bd iyision final plat that nreates lots
o� t of aRY portmi-.n P-`f the+r;n+cn shall inrlino+o nn +hc faoc of
the plat with reopent to each In+ Iirmi+ationc or restrintions as are
nenessary to enei ire oomplianoe vVith the Conditional rlis+rint re-zoning
l�Fc)r example,_if theATajiL-r Dl-n nr Cite Dlon a;sE;0Gi rated with-a
Gendotienal Distrint a gal shows a ten_aore portion of the tract
approper+ for retail development with a maximum floor area of
100,000 square feet, +hop if that+ono area is subdivided,
eaoh lots eated shall chew on the fade of the plat the
maximum building area that Gan hen ns+ri voter+ en that let
SECTION • OF • ' ROAD
ABANDONMENT
2.17.1 Generally
(A) Lots Unsold
The owner of a parcel subject to an approved plat may vacate the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner prescribed for the
original plat.
(B) Lots Sold
If lots in the plat have been sold or built upon, the plat, or any part of the plat, may be
vacated on the application of all the owners of lots in the plat with approval obtained in
the manner prescribed for the original plat.
2.17.2 Initiation
The owner or owners of lots in any approved subdivision must initiate a plat vacation by filing an
application with the Planning Director.
2.17.3 Application Requirements
(A) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(B) Applications shall include:
(1) Copy of the approved/recorded plat,
Orange County, North Carolina-Unified Development Ordinance Page 2-66
Article 2: ProcedQrAM
Section 2.26:Appeals
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board's decision.
(D) Major Subdivisions-- Final
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
2.26.3 Planning Board Decisions
2-.26-.3(A) RESERVED
(A) Major Subdivisions—GonGeptPla
0)The derision of the Dl;;nninn Board regarding GonGept Plan Deyelnnmen#
Options may he appealed) to the Reardl of Commissioners
() Are n0ti e of appeal shelll be filed, in writing with the Planning Dire Gter wathin 15
days after the`fate of the Planning Board's ddenisinn
(3) if the appeal e a plan/mop o col 16 Geppiies of the planimapshol�e
1hmitted! alopg with the WFitten a al
(4) The Board of Commissioners shall Pefinal a al ai itherity, d!an WheF`
applicable all Concept Plan development Options shall contain 'nfermatien
and)/or conditions approved by the Roam of Commissioners
(5)� RnardJ of zallsUc appeals .hall make findings-0f faa
Et�
support of its dJenisinn The applicant shall he notified) in writing, of the Board of
(`nmmissinners' decision within ten days after said) d7ecisinn is madJe
2.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any person who
has standing as detailed within NCGS 160D-1401(c) by the Superior Court by
proceedings in the nature of certiorari. The appeal to Superior Court must be filed within
30 days of the availability of the notice of decision (2.12.5(A)).
2.26.5 Board of County Commissioners Decisions
(A) Legislative Decisions
(1) Legislative decisions made by the Board of County Commissioners pursuant to
the Ordinance shall be subject to review at the request of any aggrieved party by
the Superior Court.
(2) The appeal to the Superior Court must be filed from the date of adoption of said
Ordinance within the prescribed period below:
(a) 60 days in cases involving the appeal of an Ordinance amending the
Zoning Atlas,
Orange County, North Carolina-Unified Development Ordinance Page 2-82
Article 3: Base Zoning Distr"
Section 3.4: Conventional Commercial Districts
SECTION • • COMMERCIAL
LIC-1 DiMENSIONAL AND RATio STANDARDS
LOCAL COMMERCIAL
Lot Size, min. (square feet) None[1]
PURPOSE
Lot Width, min. (feet) 75
The purpose of the Local Commercial-1(LC-1) District is
to provide appropriately located and sized sites for Front Setback from ROW,
limited commercial uses designed to serve a population min. (feet) 15
at the neighborhood and rural level with convenience
goods and personal services. Performance standards
will be used to ensure the absence of adverse impacts
beyond the immediate space occupied by the building. Side Setback, min. (feet) 15[2]
Rear Setback, min. (feet) 15 [2]
Height, max. (feet), if located 25[3]
This district will usually be applied where the following outside of a CTAN or CITAN
conditions exist:
Height, max. (feet), if located 35[3]
1. Site is located within areas designated by the adopted within a CTAN or CITAN
Comprehensive Plan as either a Commercial Transition
Activity Node(CTAN), a Commercial-Industrial Transition
Activity Node(CITAN), a Rural Community Activity Node Floor Area Ratio, max., if
located outside of a CTAN or NR[4] 100
or a Rural Neighborhood Activity Node.
CITAN
2. Uses would serve a market area population confined
to the immediate area and would generally not serve
commuters or persons outside the surrounding Floor Area Ratio, max., if
neighborhood. located within a CTAN or NR .40
CITAN
Required Open Space Ratio,
min., if located outside of a NR .80
CTAN or CITAN
Required Open Space Ratio,
min., if located within a CTAN .55
DIMENSIONAL STANDARDS NOTES: or CITAN
[1] Lot size for individual uses shall be appropriate to the
method of water supply and sewage disposal. Required Recreation Space
[2] Required side and rear setbacks adjacent to Ratio, min. R .074
residentially zoned land shall be equal to the required
side or rear setback of the adjacent residential district. Required Pedestrian/
[3]Two feet of additional height shall be allowed for one Landscape Ratio, min. , if NR .20
foot increase of the required front and side setbacks. located outside of a CTAN or
[4] R= residential, NR= non-residential CITAN
Required Pedestrian/
Landscape Ratio, min. , if NR .05
located within a CTAN or
CITAN
DEVELOPMENTLC 1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the LC-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-20
Article 3: Base Zoning Distr�%f
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
$ pFeG ode eut!nee in Ser6tieln - 1 a
9. The maximum amount of land zoned LC-1 within Rural Community Activity Nodes shall be limited to ten
acres with a five--acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural
Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and approval
of a Conditional District in accordance with the provisions of this Ordinance. Acreage limitations shall not
apply to property zoned Existing Commercial-5(EC-5)or as a Conditional District.
10. All sites designated LC-1 shall have direct access to a street classified either as an arterial or collector as
designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-21
Article 3: Base Zoning Distr�%9
Section 3.4: Conventional Commercial Districts
DIMENSIONALNC-2 . RATIO STANDARDS
NEIGHBORHOOD
Lot Size, min. (square
COMMERCIAL
feet) 2,000[1]
PURPOSE
Lot Width, min. (feet) 20
The purpose of the Neighborhood Commercial-2(NC-2)
District is to provide appropriately located and sized sites Front Setback from ROW,
for limited commercial uses designed to serve a population min. (feet) 50
at the neighborhood and rural level with convenience
goods and personal services. Performance standards will
be used to ensure the absence of adverse impacts beyond
the lot boundaries of the use.
Side Setback, min. (feet) None[2]
APPLICABILITY
This district will usually be applied where the following
conditions exist: Rear Setback, min. (feet) None[2]
1. Located within areas designated by the adopted
Comprehensive Plan as either a Commercial Transition
Activity Node(CTAN), Commercial-Industrial Transition
Activity Node(CITAN), Rural Neighborhood Activity Node, Height, max. (feet) 35[3]
or Rural Community Activity Node.
2. Uses would serve a market area population confined to Floor Area Ratio, max., if
the immediate area and would generally not serve located outside of a CTAN NR[4] .200
commuters or persons outside the surrounding or CITAN
neighborhood.
Floor Area Ratio, max., if
located within a CTAN or NR .40
CITAN
Required Open Space
Ratio, min ., if located NR .76
outside of a CTAN or
DIMENSIONAL STANDARDS NOTES: CITAN
[1] Lot size for individual uses shall be appropriate to the
method of water supply and sewage disposal. Required Open Space
[2] Required side and rear setbacks adjacent to Ratio, min ., if located 55
within a CTAN or CITAN
residentially zoned land shall be equal to the required side
or rear setback of the adjacent residential district. Required Recreation
[3]Two feet of additional height shall be allowed for one Space Ratio, min. R .111
foot increase of the required front and side setbacks.
[4] R= residential, NR= non-residential Required Pedestrian/
Landscape Ratio, min., if NR .19
located outside of a CTAN
or CITAN
Required Pedestrian/
Landscape Ratio, min., if NR .05
located within a CTAN or
CITAN
DEVELOPMENTNC 2 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the NC-2 District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3for land use
restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-22
Article 3: Base Zoning Distr�%g
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
9. The maximum amount of land zoned NC-2 within Rural Community Activity Nodes shall be limited to ten
acres with a five acre limitation imposed within other Nodes, specifically Rural Neighborhood and Rural
Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and
approval of a Conditional District in accordance with the provisions of this Ordinance. Acreage
limitations shall not apply to property zoned Existing Commercial-5 (EC-5)or as a Conditional District.
10. All sites designated NC-2 shall have direct access to a street classified either as an arterial or collector as
designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-23
Article 3: Base Zoning Distr�%4
Section 3.4: Conventional Commercial Districts
DIMENSIONALCC-3 . RATIO STANDARDS
COMMUNITY
Lot Size, min. (square
COMMERCIAL
feet) 2,000[1]
PURPOSE
Lot Width, min. (feet) 20
The purpose of the Community Commercial-3 (CC 3)District is
to provide suitably located and sized sites for commercial, office Front Setback from ROW, 50
and service uses designed to serve a county-level market area. min. (feet)
Performance standards will be used to ensure the absence of
adverse impacts beyond the zoning district boundaries of the
use.
Side Setback, min. (feet) None[2]
APPLICABILITY
This district will usually be applied where the following
Rear Setback, min. (feet) None[2]
conditions exist:
1. Existing community commercial type developments on sites
that are within areas designated by the adopted Comprehensive Height, max. (feet) 45[3]
Plan as a Commercial Transition Activity Node (CTAN)or
Commercial-Industrial Transition Activity Node (CITAN).
Floor Area Ratio, max., if
2. In the Chapel Hill Joint Planning Transition area, new located outside of a CTAN NR[4] .400
developments of a CC-3 nature should be approved as an or CITAN
appropriate Conditional District.
Floor Area Ratio, max., if
3. Use would serve a market area population extending to located within a CTAN or NR .60
major segments of the county and its municipalities. CITAN
Required Open Space
4. Generally,for property designated Transition in the adopted Ratio, min., if located NR .72
Comprehensive Plan urban services such as water supply and outside of a CTAN or
sewerage would exist or be made available as part of the CITAN
development process. For property located in other areas,the Required Open Space
water supply and sewage disposal shall be appropriate to the Ratio, min., if located .45
uses proposed and the site conditions. within a CTAN or CITAN
DIMENSIONAL STANDARDS NOTES: Required Recreation R .197
[1] Lot size for individual uses shall be appropriate to the Space Ratio, min.
method of water supply and sewage disposal. Required Pedestrian/
[2] Required side and rear setbacks adjacent to residentially Landscape Ratio, min., if NR .18
zoned land shall be equal to the required side or rear setback of located outside of a CTAN
the adjacent residential district. or CITAN
[3]Two feet of additional height shall be allowed for one foot Required Pedestrian/
increase of the required front and side setbacks. Landscape Ratio, min., if
[4] R= residential, NR= non-residential located within a CTAN or NR .05
CITAN
DEVELOPMENTCC 3 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the CC-3 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8).Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.
Orange County, North Carolina—Unified Development Ordinance Page 3-24
Article 3: Base Zoning Distr�"
Section 3.4: Conventional Commercial Districts
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more
than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of
individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.Additionally,
Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and
Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000
square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot
area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in
the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5
for private road standards.
.
-9-.8. Normally,the maximum amount of land zoned CC-3 at any node shall not exceed 29 acres, but 15 acres shall
apply in rural areas where population density is lower and distributed more widely than in the Transition Areas.
Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5)or as a Conditional District.
40-.9. All property to be designated for new development under this classification shall have direct access to major
collector streets as designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-25
Article 3: Base Zoning Distr"
Section 3.4: Conventional Commercial Districts
GC-4
DIMENSIONAL AND RATIO STANDARDS
GENERAL
Lot Size, min. (square feet) 40,00000MMERCIAL
[1]
PURPOSE
Lot Width, min. (feet) 75
The purpose of the General Commercial-4(GC 4) District
is to provide suitable situated and sized sites that allow a Front Setback from ROW, 35
broad range of commercial, office and service uses. min. (feet)
Performance standards will be used to ensure the
absence of adverse impacts beyond the zoning district
boundary.
Side Setback, min. (feet) None [2]
APPLICABILITY
This district will usually be applied where the following Rear Setback, min. (feet) None [2]
conditions exist:
1. The site is within an area designated by the adopted Height, max. (feet) ., if located 45 [3]
Comprehensive Plan as either a Commercial Transition outside of a CTAN or CITAN
Activity Node(CTAN), or Commercial-Industrial Transition
Activity Node(CITAN). Height, max. (feet) ., if located 60 [3]
within a CTAN or CITAN
2. Water and sewer mains exist at the site or are to be
made available as part of the development process or the Floor Area Ratio, max., if
lot size for individual uses are appropriate to the method located outside of a CTAN or NR[4] .492
of water supply and sewage disposal. CITAN
Floor Area Ratio, max., if
located within a CTAN or .75
CITAN
Required Open Space Ratio,
DIMENSIONAL STANDARDS NOTES: min., if located outside of a .71
[1] Lot size for individual uses shall be appropriate to the CTAN or CITAN
method of water supply and sewage disposal. Required Open Space Ratio,
[2] Required side and rear setbacks adjacent to min., if located within a CTAN .40
residentially zoned land shall be equal to the required side or CITAN
or rear setback of the adjacent residential district. Required Pedestrian/
[3]Two feet of additional height shall be allowed for one Landscape Ratio, min., if
foot increase of the required front and side setbacks. located outside of a CTAN or .178
[4] R= residential, NR= non-residential CITAN
Required Pedestrian/
Landscape Ratio, min., if .05
located within a CTAN or
CITAN
DEVELOPMENTGC 4 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the GC-4 District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
Orange County, North Carolina—Unified Development Ordinance Page 3-26
Article 3: Base Zoning Distr�%?
Section 3.4: Conventional Commercial Districts
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
ode o dined n Cor4inn 16
9. All property to be designated for new development under this classification shall have direct access to
major collector streets, as designated by the adopted Comprehensive Plan.
Orange County, North Carolina—Unified Development Ordinance Page 3-27
Article 3: Base Zoning Distr�%g
Section 3.4: Conventional Commercial Districts
DIMENSIONALEC-5 . RATIO STANDARDS
EXISTING
Lot Size, min. (square 40,000[1]
COMMERCIAL
feet)
PURPOSE Lot Width, min. (feet) R[1] 180
NR 75
The purpose of the Existing Commercial-5(EC 5) District is to
provide a Front Setback from R 40
district to be used only during the application of zoning to ROW, min. (feet)
previously unzoned townships to accommodate existing NR 35
commercial uses or in zoned townships to previously zoned
commercial property which is not located in areas designated
as Activity Nodes by the adopted Comprehensive Plan. R 20
Side Setback, min. (feet)
NR None[2]
This district shall be applied to:
Rear Setback, min. R 20
1. Existing commercial uses in previously unzoned townships. (feet) NR None[2]
2. Previously zoned commercial property located in areas not
designated as Activity Nodes in the adopted Comprehensive R 25[3]
Plan.
Height, max. (feet)
This designation shall only be applied to property used for NR 45[3]
existing commercial at the time of application of this Ordinance.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR .492
[1] R= residential, NR= non-residential.
[2] Required side and rear setbacks adjacent to residentially Required Open Space
zoned land shall be equal to the required side or rear setback of Ratio, min. NR .71
the adjacent residential district.
[3]Two feet of additional height shall be allowed for one foot Required
increase of the required front and side setbacks. Pedestrian/Landscape NR .178
Ratio, min.
DEVELOPMENTEC 5 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EC-5 District in Section 5.2, unless a Conditional District
is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Orange County, North Carolina—Unified Development Ordinance Page 3-28
Article 3: Base Zoning Distr�"
Section 3.4: Conventional Commercial Districts
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
.
9. An Existing Commercial-5(EC-5) District eliminated or reduced to a non-functional zoning lot as a result
of a public-entity condemnation or partial taking may be amended by Board of County Commissioner's
legislative action provided the following criterion are met:
a. Rezoning Process:
i. The amended district acreage shall not be increased in size by more than 10%of the
existing parcel(s). The use shall be the same primary use as listed in the Existing
Commercial-5(EC-5) inventory when the district was originally created.
ii. The new district shall be contiguous to the existing district.
iii. Land not rezoned or not included within the new petitioned district shall be petitioned,
by the owner(s),to be returned to the zoning classification of the surrounding land. In
the event there is more than one adjacent zoning district,the tract shall be returned to
the lowest use category of the surrounding adjacent property provided a non-
conforming situation is not created on the subject or adjacent parcels.
iv. Additional property added to an existing parcel shall be recombined by deed into one
zoning lot prior to issuance of zoning or building permits.
V. Conformance with the Comprehensive Plan shall not be mandatory when considering a
rezoning/relocation of an EC-5 District, but shall be evaluated.
vi. If a condemnation results in less than or equal amount of property being taken for
public right-of-way than is specified in the Orange County Comprehensive Plan
(Transportation Element)for typical right of way dedication,then these criteria shall not
be used.
b. Building Permit Process
i. All watershed impervious surface limitations shall be met.
ii. A 20 foot wide landscaped buffer shall be established along the new right-of-way.
Design criteria shall meet commercial standards,as required in Section 6.8.
iii. Economic Development District standards shall be used, where applicable. See Article
6.
iv. Access points shall be limited to two locations with a maximum width of 26 feet each
and a maximum radius of 30-degrees. A driveway permit application shall be submitted
along with zoning permit request.
V. Freestanding monument signs shall be limited to six feet in height and 50 square feet
maximum. In the case of gas station uses, only the portion of a sign for fuel pricing
may be internally illuminated.
vi. All current Environmental Health regulations shall be met.
vii. All other applicable development criteria such as parking, lighting, loading/unloading
areas, buffers, etc. shall apply. See Article 6.
Orange County, North Carolina—Unified Development Ordinance Page 3-29
Article 3: Base Zoning Distr�"
Section 3.4: Conventional Commercial Districts
R[1] None
Lot Size, min. (square
feet)
NR 5,000
• Lot Width, min. (feet) R None
The purpose of the Office/Research and Manufacturing (O/RM) NR 50
District is to provide locations for medium and high intensity Front Setback from R None
office, service, research,and light manufacturing land uses in ROW, min. (feet) NR 25
areas where urban services are available or are to be made
available as part of the development process. This district is Side Setback, min. (feet) R None
intended to provide for employment centers near transportation
routes. NR 10 [2]
Rear Setback, min. R None
APPLICABILITY
(feet) NR 10 [2]
This district will usually be applied where the following
conditions exist: Height, max. (feet) 35 [3]
1. Site is located in areas designated by the adopted
Comprehensive Plan as Commercial Transition Activity Node
or Commercial-Industrial Transition Activity Nodes. Floor Area Ratio, max. NR .40
2. Water and sewer mains are existing at the site or are to be Required Open Space
made available during the development process. Ratio, min. .55
DIMENSIONAL STANDARDS NOTES: Required Recreation R .111
Space Ratio, min.
[1] R= residential, NR= non-residential Required
[2] Required side and rear setbacks adjacent to residentially Pedestrian/Landscape NR .05
zoned land shall be equal to the required side or rear setback Ratio, min.
of the adjacent residential district.
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
OIRM DISTRICT SPECIFIC DEVELOPMENTSTANDARDS
1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2, unless a Conditional
District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District
in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious
surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is
contained in the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-30
Article 3: Base Zoning Distr�%!f
Section 3.4: Conventional Commercial Districts
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
ode u thine, cote+men 16
9. The site shall be located near major transportation corridors and have access to adequate public roadway
network.
Orange County, North Carolina—Unified Development Ordinance Page 3-31
Article 3: Base Zoning Distristq
Section 3.5: Industrial Districts
SECTION
DIMENSIONAL • STANDARDS
LIGHT INDUSTRIAL
Lot Size, min., per use
(square feet), if outside 80,000[1]
of a Cv4ffITAN
Lot Size, min., per use
(square feet), if within a 20,000[1]
CITAN
PURPOSE
PotF"Min. WeetRPEW
The purpose of the Light Industrial-1 (1-1)District is to provide
appropriately located and sized sites for limited industrial uses
engaged in manufacturing, processing,creating and Front Setback from
assembling of goods, merchandise or equipment. ROW, min. (feet) NR 50
Performance standards will be used to ensure the absence of
adverse impacts beyond the immediate space occupied by the
building. Side Setback, min.
NR 50
APPLICABILITY (feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min. NR 50
(feet)
1. Site is located within areas designated in the adopted
Comprehensive Plan as either a Commercial-Industrial
Transition Activity Node(CITAN)or a Rural Industrial Activity Height, max. (feet) 45 [3]
Node.
Floor Area Ratio, max.,
if located outside of a .200
CITAN
Floor Area Ratio, max.,
if located within a .60
CITAN
Required Open Space
DIMENSIONAL STANDARDS NOTES: Ratio, min. , if located NR .80
[1] Lot size for individual uses shall be appropriate to the outside of a CITAN
method of water supply and sewage disposal. Required Open Space
[2] R= residential, NR= non-residential Ratio, min. , if located .45
[3]Two feet of additional height shall be allowed for one foot within a CITAN
increase of the required front and side setbacks. Required
Pedestrian/Landscape NR .20
Ratio, min. , if located
outside of a CITAN
Required
Pedestrian/Landscape .05
Ratio, min. , if located
within a CITAN
DEVELOPMENT1 1 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the 1-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Orange County, North Carolina—Unified Development Ordinance Page 3-34
Article 3: Base Zoning Distristg
Section 3.5: Industrial Districts
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Gods e ithined in cote+men 1 R
Orange County, North Carolina—Unified Development Ordinance Page 3-35
Article 3: Base Zoning Distri'44
Section 3.5: Industrial Districts
DIMENSIONAL1-2 . RATIO STANDARDS
MEDIUM INDUSTRIAL
Lot Size, min., per use
(square feet) 20,000
PURPOSE
Lot Width, min. "eetNR[1] 100
The purpose of the Medium Industrial-2 (1-2) District is to
provide locations for enterprises engaged in manufacturing,
processing, creating, repairing, renovating, painting, cleaning, Front Setback from NR 50
and assembling of goods, merchandise or equipment. ROW, min. (feet)
Performance standards will be used to ensure the absence of
adverse impact beyond the lot boundaries of the use.
Side Setback, min. None[2APPLICABILITY
(feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min. None[2]
(feet)
1. Site is located within areas designated by the adopted
Comprehensive Plan as a Commercial-Industrial Transition
Activity Node. Height, max. (feet) 45[3]
2. Water and sewer mains exist at the site or be made
available as part of the development process. Floor Area Ratio, max. .65
DIMENSIONAL STANDARDS NOTES: Required Open Space
[1] R= residential, NR= non-residential Ratio, min. .40
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback
of the adjacent residential district. Required
[3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .05
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENT1 2 DISTRICT SPECIFIC DA-D
1. Uses shall be restricted to those indicated for the 1-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Orange County, North Carolina—Unified Development Ordinance Page 3-36
Article 3: Base Zoning Distristg
Section 3.5: Industrial Districts
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-37
Article 3: Base Zoning Distrisle
Section 3.5: Industrial Districts
DIMENSIONAL1-3 . RATIO STANDARDS
HEAVY INDUSTRIAL
Lot Size, min., per use
(square feet) M
PURPOSE
7Front
min. reet "WE"
The purpose of the Heavy Industrial-3 (1-3)District is to provid
locations for enterprises engaged in a broad range of
manufacturing, processing, creating, repairing, renovating, ack from
painting, cleaning, or assembling of goods, merchandise or ROW, min. (feet) NR 50
equipment. Performance standards will be used to ensure the
absences of adverse impacts beyond the zoning district
boundary. Side Setback, min.
None[2]
APPLICABILITY (feet)
This district will usually be applied where the following
conditions exist: Rear Setback, min.
(feet) None[2]
1. Site is located within areas designated by the adopted
Comprehensive Plan as a Commercial-Industrial Transition Height, max. (feet) 45[3]
Activity Node.
2. Water and sewer mains exist at the site or be made Floor Area Ratio, max. .70
available as part of the development process.
DIMENSIONAL STANDARDS NOTES: Required Open Space .40
[1] R= residential, NR= non-residential Ratio, min.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback
of the adjacent residential district. Required
[3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .05
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENT13 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the 1-3 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan.Access to rail service is desirable but not required.
7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-38
Article 3: Base Zoning Distriej?
Section 3.5: Industrial Districts
PFGGedure u tlilne,+ lin ce-r-Am n 16
Orange County, North Carolina—Unified Development Ordinance Page 3-39
Article 3: Base Zoning Distristg
Section 3.5: Industrial Districts
DIMENSIONALEl . RATIO STANDARDS
EXISTING INDUSTRIAL
Lot Size, min., per use
(square feet) 80,000
PURPOSE
Lot Width, min. (feet) 200
The purpose of the Existing Industrial (EI)district is to provide a
district to be used only during the application of zoning, to
previously unzoned townships to accommodate existing Front Setback from 50
industrial uses not located in areas designated as Industrial ROW, min. (feet)
Transition Activity Node or Rural Industrial Activity Node by the
adopted Comprehensive Plan.
Side Setback, min. 50[1]
APPLICABILITY (feet)
This district shall only be applied to accommodate existing (at
the time of the application of the Zoning Ordinance to previously Rear Setback, min. 50[1]
unzoned Townships)industrial uses located in areas not (feet)
designated Commercial-Industrial Transition Activity Node or
Rural Industrial Activity Node in the adopted Comprehensive
Plan. Height, max. (feet) 45[2]
It is further intended that this district shall not be applied to any
use that has adverse impacts beyond the immediate space Floor Area Ratio, max. .200
occupied by the building.
DIMENSIONAL STANDARDS NOTES: Required Open Space
[1] Required side and rear setbacks adjacent to residentially Ratio, min. mul"i
zoned land shall be equal to the required side or rear setback of
the adjacent residential district. Required
[2]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .20
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENTE I DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the El District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed
Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels
between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a
minimum usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those
listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer
to Section 7.8.5 for private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-40
Article 3: Base Zoning Distr"
Section 3.7: Economic Development Districts
DIMENSIONAL . • - .
B Lot size, min., per use
No requirement[1]
(square feet)
ECONOMIC DEVELOPMENT
BUCKHORN LOWER
Lot Width, min. (feet) No requirement[1]
PURPOSE
"rontSetback WromW��w
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Buckhorn Lower Buildings/ 25[2]
Intensity(EDB-1)District is to provide locations for a range of lower Side Setback, min. Structures
intensity non-residential uses in the designated Buckhorn Economic (feet) Vehicle Use
Development District. Areas, Storage 10[2]
Areas, Signs
Buildings/ 25[2]
Rear Setback, min. Structures
(feet) Vehicle Use
Areas, Storage E
[2]
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
1. Site is located within the designated Buckhorn Economic feet
Development District. Setbacks between
2. Urban services, such as water and sewer mains, are highly Buildings, min. (feet) 20
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer
systems shall be required to connect to the systems regardless of Height, max. (feet) 60 [3]
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] .60
[1] Evaluated as part of the Site Plan review process. Required Open Space
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min. .45
land shall be equal to the required side or rear setback of the
adjacent residential district. Gross Land Area
[3]Two feet of additional height shall be allowed for one foot min./max. None
increase of the required front and side setbacks. (square feet)
[4] R= residential, NR= non-residential Required Pedestrian/
Landscape Ratio, min. NR 05
D: 1 DISTRICT SPECIFIC DEVELOPMENTSTANDARDS
1. Uses shall be restricted to those indicated for the EDB-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for impervious
surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
Orange County, North Carolina—Unified Development Ordinance Page 3-44
Article 3: Base Zoning Distr�"
Section 3.7: Economic Development Districts
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least
40,000 square feet.
5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites are
also allowed.
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
7. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of individual
dwellings that can be developed on a parcel of property).
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
.,1Itlined- in Cor4iGR 2.16.
Orange County, North Carolina—Unified Development Ordinance Page 3-45
Article 3: Base Zoning Distr�CO
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
B Lot size, min., per use
No requirement[1]
(square feet)
ECONOMIC DEVELOPMENT
BUCKHORN HIGHER INTENSITI
Lot Width, min. (feet) No requirement[1]
PURPOSE Buildings/ 25
"rontPetback from Structures
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Buckhorn Higher Buildings/ 25[2]
Intensity(EDB-2)District is to provide locations for a range of light Structures
industrial, distribution, retail,office, and services uses in the Side Setback, min. Vehicle Use
designated Buckhorn Economic Development District. (feet) Areas, Storage 10[2]
Areas, Signs
Buildings/ 25[2]
Rear Setback, min. Structures
(feet) Vehicle Use
Areas, Storage 10[2]
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
feet
1. Site is located within the designated Buckhorn Economic Setbacks between
Development District. 20
Buildings, min. (feet)
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60[3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] .65
[1] Evaluated as part of the Site Plan review process.
[2] Required side and rear setbacks adjacent to residentially zoned Required Open Space .40
land shall be equal to the required side or rear setback of the Ratio, min.
adjacent residential district. Gross Land Area,
[3]Two feet of additional height shall be allowed for one foot min./max. none
increase of the required front and side setbacks. (square feet)
[4] R= residential, NR= non-residential Required Pedestrian/ NP
Landscape Ratio, min. 05
D: 2 DISTRICT SPECIFIC DEVELOPMENTSTANDARDS
1. Uses shall be restricted to those indicated for the EDB-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
Orange County, North Carolina—Unified Development Ordinance Page 3-46
Article 3: Base Zoning Distr�gO
Section 3.7: Economic Development Districts
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites
are also allowed.
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
7. Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Special
Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay
District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the
number of individual dwellings that can be developed on a parcel of property).
8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
.,1-flined- in CP_Gti9n 16
Orange County, North Carolina—Unified Development Ordinance Page 3-47
Article 3: Base Zoning Distr�gfg
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
Lot size, min., per use No requirement[1]
ECONOMIC DEVELOPMENT • (square feet)
LOWER
Lot Width, min. (feet) No requirement[1]
PURPOSE
Buildings/ 25
Front Setback from Structures
ROW, min. (feet) Vehicle Use
Areas, Storage 10
Areas, Signs
The purpose of the Economic Development Eno Lower Intensity Buildings/ 25 [2]
(EDE-1) District is to provide locations for a range of lower intensity Side Setback, min. Structures
non-residential uses in the designated Eno Economic Development (feet) Vehicle Use
District. Areas, Storage 10 [2]
Areas, Signs
Buildings/ 25 [2]
Rear Setback, min. Structures
APPLICABILITY (feet) Vehicle Use
WON
10 [2]
Areas, Si ns
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. 10
feet
1. Site is located within the designated Eno Economic Development Setbacks between
District. Buildings, min. (feet) 20
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60 [3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] 60
[1] Evaluated as part of the Site Plan review process. Required Open Space .45
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the Gross Land Area,
adjacent residential district. min./max. none
[3]Two feet of additional height shall be allowed for one foot (square feet)
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential Required Pedestrian/ NR 05
Landscape Ratio, min.
DEVELOPMENTEDE I DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDE-1 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-48
Article 3: Base Zoning Distr�*
Section 3.7: Economic Development Districts
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of
individual dwellings that can be developed on a parcel of property).
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
tlin..ed i., Se..toc..,P Ia
Orange County, North Carolina—Unified Development Ordinance Page 3-49
Article 3: Base Zoning Distr"
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
ECONOMIC DEVELOPMENT ENO
Lot size, min., per use No requirement[1]
HIGHER INTENSITY
PURPOSE
(square feet)
Lot Width, min. (feet) No requirement[1]
Buildings/ 25
Structures
Front Setback from Vehicle Use
ROW, min. (feet) Areas,
Storage 10
Areas, Signs
The purpose of the Economic Development Eno Higher Intensity Buildings/ 25 [2]
(EDE-2) District is to provide locations for a range of light industrial, Structures
distribution, retail, office, and services uses in the designated Eno Side Setback, min. (feet) Vehicle Use
Economic Development District. Areas, 10 [2]
Storage
Areas, Signs
Buildings/ 25 [2]
Structures
Rear Setback, min. (feet) Vehicle Use
APPLICABILITY Areas, 10 [2]
Storage
Areas, Signs
This district will usually be applied where the following conditions Driveway Setback from
exist: Property lines, min. (feet) 10
1. Site is located within the designated Eno Economic Development Setbacks between 20
District. Buildings, min. (feet)
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer Height, max. (feet) 60[3]
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR[4] 65
[1] Evaluated as part of the Site Plan review process. Required Open Space .40
[2] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the Gross Land Area,
adjacent residential district. min./max. none
[3]Two feet of additional height shall be allowed for one foot square feet
increase of the required front and side setbacks. Required Pedestrian/ NR 05
[4] R= residential, NR= non-residential Landscape Ratio, min.
DEVELOPMENTEDE 2 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDE-2 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewaters stems shall be 30,000 square feet for parcels between 40,000 square
Orange County, North Carolina—Unified Development Ordinance Page 3-50
Article 3: Base Zoning Distr�gm
Section 3.7: Economic Development Districts
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses in this district are restricted to temporary mobile homes for custodial care (see Section 5.5.11 for
use standards)and require a Special Use Permit. The residential density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown
of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property).
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
Orange County, North Carolina—Unified Development Ordinance Page 3-51
Article 3: Base Zoning Distr�CO
Section 3.7: Economic Development Districts
DIMENSIONAL . - .
ECONOMIC DEVELOPMENT
Lot size, min., (square 20,000
HILLSBOROUGH
feet)
LINEAR r
Lot Width, min. (feet) 100
PURPOSE
Front Setback from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Linear
Office(EDH-1) District is to provide locations for low to moderately
intense medical, professional, administrative and government office Side Setback, min. (feet) 15[1]
on small to mid-sized sites in the designated Hillsborough Economic
Development District.
The district is intended to be located on the periphery of established
residential areas and along major and minor thoroughfares.The Corner Setback, min. 40[1] [2]
district is established to provide convenient locations for offices, the (feet)
size and operating characteristics of which require limited parking
and which generate little traffic.
Standards are designed so that this district may serve as a
transitional land use between residential districts and higher, more Rear Setback, min. (feet) 50[1]
intense land uses.
APPLICABILITY
Height, max. (feet) 30 [3]
This district will usually be applied where the following conditions Floor Area Ratio, max. 7NR[4] .45
exist:
1. This district will be applied in the Hillsborough Economic Required Open Space .55
Development District. Ratio, min.
2. This district shall only be applied where water and sewer are Gross Land Area,
available at the site or are to be made available to the site as part of min./max. none
the development approval process. (square feet)
DIMENSIONAL STANDARDS NOTES: Required
[1] Required side and rear setbacks adjacent to residentially zoned Pedestrian/Landscape NR .05
land shall be equal to the required side or rear setback of the Ratio, min.
adjacent residential district.
[2]Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH I DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
Orange County, North Carolina—Unified Development Ordinance Page 3-52
Article 3: Base Zoning Distr�gfg
Section 3.7: Economic Development Districts
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses are not permitted in this district.
7. A justification for any deviation to development standards must state a public benefit or purpose.
8. Structures in this district shall not exceed 5,000 square feet in gross floor area.
9. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m.,the proposed project must be
approved as an appropriate Conditional District.
10. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the
perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with
Section 6.8.11 shall be installed.
11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
DrepGsed s bd 0yioieno shall fellew then Ged, roc a -+lined in Qon+inn 2 9F o
a-4.13. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-53
Article 3: Base Zoning Distr"
Section 3.7: Economic Development Districts
• . :4.
Lot size, min, (square 30,000
• • • feet)
Lot Width, min. (feet) 200
- ,• Front Setback,from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Limited Side Setback, min. (feet) 20[1]
Office(EDH-2) District is to provide locations for low intensity office
uses and supporting services in the designated Hillsborough
Economic Development District. The district may contain limited
commercial uses within employment centers or where vehicular Corner Setback, min. 50[1] [2]
access is provided internally to the development. (feet)
APPLICABILITY
Rear Setback, min. (feet) 40[1]
This district will usually be applied where the following conditions
exist: Height, max. (feet) 60 [3]
1. This district will be applied in the Hillsborough Economic
Development District. Floor Area Ratio, max. NR[4] .45
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Required Open Space .55
the development approval process. Ratio, min.
DIMENSIONAL STANDARDS NOTES: Gross Land Area,
min./max none
[1] Required side and rear setbacks adjacent to residentially zoned (square feet)
land shall be equal to the required side or rear setback of the
adjacent residential district. Required
[2]Any corner lot having an abutting interior lot on its side street Pedestrian/Landscape NR .05
shall observe a front yard setback from both streets provided, Ratio, min.
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH 2 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
Orange County, North Carolina—Unified Development Ordinance Page 3-54
Article 3: Base Zoning Distr�"
Section 3.7: Economic Development Districts
6. Residential uses are not permitted in this district.
7. Any nonresidential use within two hundred feet of a lot smaller than 2 acres in size with an existing dwelling unit shall be
submitted as an appropriate Conditional District.
8. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
4-3-.12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-55
Article 3: Base Zoning Distr�qjf
Section 3.7: Economic Development Districts
DIMENSIONAL . • - .
ECONOMIC
O DEVELOPMENT
HILLSBOROUGH OFFICE
Lot size, min, (acres) 1
Lot Width, min. (feet) 200
PURPOSE
Front Setback,from 50
ROW, min. (feet)
The purpose of the Economic Development Hillsborough Office
(EDH-3) District is to provide locations for low to moderate intensity
office uses and supporting services in the designated Hillsborough Side Setback, min. (feet) 20[1]
Economic Development District. The district may contain multi-
family residential uses (6-12 units per acre).
APPLICABILITY
Corner Setback, min. 50[1] [2]
(feet)
This district will usually be applied where the following conditions
exist: Rear Setback, min. (feet) 40[1]
1. This district will be applied in the Hillsborough Economic R[3] 35[4] [5]
Development District. Height, max. (feet)
NR 60[4]
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Floor Area Ratio, max. NR .60
the development approval process.
DIMENSIONAL STANDARDS NOTES: Required Open Space .50
[1] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the
adjacent residential district. Gross Land Area, none
[2]Any corner lot having an abutting interior lot on its side street min./max. (square feet)
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for Required
a building on said lot to less than 25 feet. (See graphic in Section Pedestrian/Landscape NR .05
6.2.7). Ratio, min.
[3] R= Residential uses; NR= Non-residential uses.
[4]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[5] Multi-family structures shall be limited to a three-story maximum.
DEVELOPMENTEDH 3 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
Orange County, North Carolina—Unified Development Ordinance Page 3-56
Article 3: Base Zoning Distr�%9
Section 3.7: Economic Development Districts
6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual
dwellings that can be developed on a parcel of property).
7. Any nonresidential use within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than
2 acres in size shall be submitted as an appropriate Conditional District.
8. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
Drepesed su bd ivisiens shall f llew the Ged,,roc ri-tin ned iv. Ser+inn 216
�12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-57
Article 3: Base Zoning Distr�qjg
Section 3.7: Economic Development Districts
EDH-4 DIMENSIONAL STANDARDS
ECONOMIC DEVELOPMENTLot size, min., (acres) 1
HILLSBOROUGH OFFICE
RETAIL
Lot Width, min. (feet) 200
PURPOSE
Front Setback,from ROW, 50
min. (feet)
The purpose of the Economic Development Hillsborough Office/
Retail (EDH-4)District is to provide locations for high intensity office Side Setback, min. (feet) 20[1]
uses and supporting retail and service uses in the designated
Hillsborough Economic Development District.
The district is intended to be located on large areas as part of a Corner Setback, min. (feet) 50 [1] [2]
cohesive development plan and may contain commercial uses within
employment centers.
APPLICABILITY Rear Setback, min. (feet) 40[1]
This district will usually be applied where the following conditions Height, max. (feet) 60 [3]
exist:
1. This district will be applied in the Hillsborough Economic
Development District. Floor Area Ratio, max. NR[4] .65
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Required Open Space Ratio,
the development approval process. min. .40
DIMENSIONAL STANDARDS NOTES: Gross Land Area, min./max. none
[1] Required side and rear setbacks adjacent to residentially zoned
(square feet)
land shall be equal to the required side or rear setback of the
adjacent residential district. Required Pedestrian/
[2]Any corner lot having an abutting interior lot on its side street Landscape Ratio, min. NR .05
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R= residential, NR= non-residential
DEVELOPMENTEDH 4 DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2, unless a Conditional District is approved
(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the
approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an appropriate
Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections
4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that
utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and
1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000
square feet.
Orange County, North Carolina—Unified Development Ordinance Page 3-58
Article 3: Base Zoning Distr�54
Section 3.7: Economic Development Districts
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one
principal use or principal structure is proposed on a non-residential zoning lot.
6. All outparcels within this district shall have internal access to the development.
7. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or
marginal access streets except where such a driveway and/or street would a)cross a stream and require a no rise
certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a slope
greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of
Orange County, NC.
8. A justification for any deviation to development standards must state a public benefit or purpose.
9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private
road standards.
44, Drepese l subd ivioie n c droll frllew them Ged'-rro ei-tlined in Confirm 7 9F
4?11. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District.
Orange County, North Carolina—Unified Development Ordinance Page 3-59
Article 3: Base Zoning Distr"
Section 3.7: Economic Development Districts
• . 3 - .
Lot size, min., (acres) 2
Lot Width, min. (feet) 200
Front Setback,from ROW, 50
in. (feet)
The purpose of the Economic Development Hillsborough Research
and Manufacturing (EDH-5)District is to provide locations for a wide
range of research, assembling,fabricating and light manufacturing Side Setback, min. (feet) 20 [1]
activities, and such ancillary industrial activities as warehousing and
distribution in the designated Hillsborough Economic Development
District.
Some commercial services are also permitted if they are part of a Corner Setback, min. (feet) 50 [1] [2]
cohesive development plan that is predominantly comprised of
permitted non-residential uses and provided all access is provided
internally. The district is established to provide locations for
research and industrial development which have little or no impact Rear Setback, min. (feet) 40 [1]
on adjoining properties.
APPLICABILITY Height, max. (feet) 40 [3]
This district will usually be applied where the following conditions Floor Area Ratio, max. NR[4] .65
exist:
1. This district will be applied in the Hillsborough Economic Required Open Space
Development District. Ratio, min. .40
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of Gross Land Area,
the development approval process. min./max. none
(square feet)
Required
DIMENSIONAL STANDARDS NOTES: Pedestrian/Landscape NR .05
[1] Required side and rear setbacks adjacent to residentially zoned Ratio, min.
land shall be equal to the required side or rear setback of the
adjacent residential district.
[2]Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
4] R= residential, NR= non-residential
DEVELOPMENTEDH 5 DISTRICT SPECIFIC STANDARDS
1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2, unless a Conditional District is
approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by
Right require the approval of a Site Plan as outlined in Section 2.5.
Orange County, North Carolina—Unified Development Ordinance Page 3-60
Article 3: Base Zoning Distr"
Section 3.7: Economic Development Districts
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as an
appropriate Conditional District(see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non-residential zoning lot.
6. Residential uses are not permitted in this district.
7. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets,
or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no
rise certification from the NC Department of Public Safety National Flood Insurance Program, b)be located on a
slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife
Habitats of Orange County, NC.
8. A justification for any deviation to development standards must state a public benefit or purpose.
9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
11. Propesed subdivisiens.Shall fellow thePr^d"'os e„tlined- in SeGtieR 2.16.
12. See Section 5.21.2 for standards for uses requiring approval as a Conditional District within the Hillsborough
Economic Development District..
Orange County, North Carolina—Unified Development Ordinance Page 3-61
157
ARTICLE 7: SUBDIVISIONS
PROVISIONSSECTION 7.1: GENERAL
7.1.1 Purpose
(A) The purpose of this Article is to guide and regulate the subdivision of land within Orange
County, for sale or building development, in order to:29
(1) Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) Avoid nvorrrGWdinn of Ind
{5}(41 Prevent fire, panic, and other dangers;
{&}(5) Ensure that water and sewage systems are safe and adequate;
{7}(6) Prevent flood damage;
M(7) Facilitate an orderly use of land;
MLI Ensure the proper legal description and monumenting of subdivided land; aid
(9) Encourage the proper management of Orange County's natural resources; and..
(10) Optimize protection of contiguous Open Space networks and agricultural lands.
(B) It is the expressed purpose of this Article to provide for, in addition to the above, the
protection of water resources in Orange County, through the use, alone or in
combination, of buffer zones, varying lot sizes, slope restrictions, vegetation, wand other
equally effective techniques. Innovative techniques on the part of the developer are
encouraged where these techniques can be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the North Carolina General Statutes, no person may subdivide their
land within the planning jurisdiction of Orange County except in accordance with the
provisions of this Ordinance.
(B) No subdivision shall be recognized by the Planning Department until a final plat of the
subdivision has been approved and signed by the Planning Director and recorded fn-at
the Orange County Register of Deeds Office, including the recordation of any additional
documentation required by this Ordinance.
(C) As provided in the North Carolina General Statutes, the Orange County Review Officer
shall not certify a plat of any subdivision within the County's subdivision jurisdiction
unless the plat has been approved in accordance with the provisions of this Ordinance or
determined to be exempt, as provided by NCGS 160D and Section 7.2.1 of this
Ordinance.330
7.1.3 Compliance with Plans and Other Applicable Regulations31
All subdivisions shall comply with applicable nonoraI nr,,,,,S;„nS standards;and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
29 Brings language into alignment with 160D and/or Comp Plan
30 Brings language into alignment with 160D
31 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-1
Article 7: SubdivisiTP8
Section 7.2: Classification of Subdivisions
planning studies, small area plans, and/or corridor plans_, er Snenial Planning studies approved or
adopted by the Board of County Commissioners.
SECTION • OF :D •
Subdivisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
Section. Review procedures for all subdivisions are contained in Article 2.
7.2.1 Exempt Subdivisions32
(A) In accordance with the North Carolina General Statutes_the following activities do not
constitute a subdivision of land and are „xp thereby exempt from the established
review and approval processes of this Ordinance, provided that the „re„er+y's evcm„+
(1) The combination or recombination of portions of previously subdivided and
recorded lots if-where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of the County, i„nludine private rear)
iUs+ifina+ien standards as detailed within this Ordinance.
(2) The division of land into parcels greater than ten acres if-where no street right-of-
way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets or for public transportation corridors.
(4) The division of a tract in single ownership,e�the entire area of which is no
greater than two acres,into not more than three lots, if-where no street right-of-
way dedication is involved and if-where the resultant lots are equal to or exceed
the standards of the County as detailed within this Ordinance.
(5) The division of a tract into parcels in accordance with the terms of a probated will
or in accordance with intestate succession under Chapter 29 of the General
Statutes.
(B) Exempt subdivisions shall be required to meet all applicable zoning and building permit
requirements, pursuant to the procedures detailed in Article 2 fer the gran+iRg of zoning
and building permits.
7.2.2 Minor Subdivisions
(A)A subdivision shall bFr _be c_lclass�oyd_as "minor" if at does_noot-.
(1) Create more than:
lets, including the residual acreage, following the Conventional subdivision
design model; or
(b) Twelve lots, 'nGluding the residual aGreage, following the Flexible Development
su bdiyisien design merle) from any ene +ran+of'and in any ten year„crier!•
(2) DediGate er improve any new publiG street ether than widening aR existing publiG
street;
� Extend PunG%AV.Ate1-�r-sanitary sewerage sys#ems-onher than laterals to
serve indoy0 L gal lets; and
(4) Necessitate the iRstallation of drainage imPFOVeMeRtS which would require
easements through one or more lots to serve other lots
32 Brings language into alignment with 160D
Orange County, North Carolina—Unified Development Ordinance Page 7-2
Article 7: SubdivisIT96
Section 7.2: Classification of Subdivisions
(A) Expedited Minor Subdivisions
(8) A plat for recordation for the subdivision of a tract or parcel of land shall be classified as
"expedited minor" if the tract or parcel of land is in single ownership and fulfills all of the
following
single ownership mooting all of the rriterio•33
(1) The tract or parcel to be divided is not exempt under the provisions of the
Ordinance,
(2) No part of the tract or parcel to be divided has been divided via the expedited
minor subdivision process within the past 10 years
submittal to plat recordation,
(3) The entire area of the tract or parcel to be divided is greater than two
acres,34
(4) The subdivision creates No more than 3-three lots result from the d0VOsier, and
(5) All resultant lots comply with the following:
(a) Applicable LIot dimension and size requirements of this
Ordinance; .,linable Ian , „�
(b) Applicable land use requirements of this OrdinanceThe .ae of the ln+(s)
is in nn.,fnrmity with annllnable zoning F8Gl uremen+s and
(c) A permanent means of ingress and egress is recorded for each lot.
(B) Regulated Minor Subdivisions ss
A subdivision shall be classified as Regulated Minor if it is neither Exempt nor Expedited Minor,
and is a subdivision of a single property that creates:
(1) Five lots or less, following the Conventional Subdivision Option design; or
(c}(2) Twelve lots or less, following the Flexible Development design, as defined in
Section 7.12.
7.2.3 Major SubdivisionsM
(A) maier s„bdi„isinr,Maior Subdivision is any subdivision of land that: is nn+ ar, G..emnt er
fi Ir+her nlassifie.t as fellews•
(1) Creates fewer than 21 lots but more than:
(a) Five lots, if following the Conventional Subdivision Option design;
(b) Twelve lots, if following the Flexible Development Subdivision Option, as
defined by Section 7.12;
(2) Dedicates right of way for a new, named public street, and excluding the
widening of an existing public street;
(3) Extends public water and/or sanitary sewage systems to multiple lots
represented on a plat; or
33 Brings language into alignment with 160D
34 Proposed language differs from 160D by closing a regulatory gap. Presently. 2.01—4.99-ac lots are regulated
minor subdivisions while 2-and 5-ac lots qualify for expedited subdivision status.This is arbitrary and does not
serve a clear regulatory or environmental purpose.
31 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS
this...
36 Simplified for clarity and to ensure that regulations are affirmative rather than negative(A Minor Subdivisions IS
this...
Orange County, North Carolina—Unified Development Ordinance Page 7-3
Article 7: Subdivisi?g6
Section 7.3: Phasing of Subdivisions
(4) Necessitates the installation of drainage improvements which would require
easements through one or more lots to serve other lots.
(B) A tract of land that is proposed for a subdivision into 21 or more lots shall follow the
Zoning Atlas Amendment—Conditional District process detailed in Section 2.9.
411 subdivisions not nlassifiert as an Exempt Subdiyisiop• Miper SubdivisieRi o
(2) '6t r NR-C )
tram of land that is proposer+for a subdivision into 21 Pr more Into
parcel of'and as the boundaries of said tram o paFce' of land existed OR the I and
Records of Qrapoe Geunty a of Nevember F 200-3
SECTIONOF •
7.3.1 Phasing of Subdivisions37
A major subdivision may be developed in phases, provided that:
(A) Each phase^^n+sins ;at 'past five lots „RleSSis depicted on a phasing plan approved by
the Beard of County Gemmissiene s as part of the-a Preliminary preliminary su b di,asiep
platPlat with the express determinatien that the prepGsed phasiRg Makes it URlikely that a
-------er weuld WilliRgly abandGR a final phase that Gentains a required eXteRSiGR ef a
read o other infrastrU Gt ire•
(B) The degree anrt extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases is-are sufficient to serve or heRd;e all development within the
phase;
(C) The number of lots and amount of required open space or amenities in the phase and
any previously approved phases is proportional; and
{G)(D) Any improvements correlated with the phase are either realized prior to approval of the
Final Plat or ensured with a Performance Guarantee, as allowed by Sections 2.27 and
7.4.
Ordinance that will he satisfied in each phase is approved by the Roam of County
v� vaz-rvr-r��-rr-r-c.-av-n�r-ravc�
Commissioners as part of the preliminary plot
A minor subdivision utilizing the Flexible Development Option may be developed in phases, provided that:
(A) The degree and eXteRt Of Mad, water supply, sewage dispGsal, storrnwateF manageme
erosion and sediMeRtation Gontrol, and other required the phase and
prev eusly approved phases S 61-IffiGient to serve or handle all development within the
phase;
approved phases is proportional; anrt
(C) A phasing plan showing the phases of development and the requirements of thus
Ordinance that wall be satisfied in each phase as approved by the Planning Director as
part of the preliminary plat
37 Provide for clarity and direct language.
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivisi?gt
Section 7.4: Improvements and Performance Guarantees
SECTION • PERFORMANCE GUARANTEES
7.4.1 Generally38
(A) In accordance with Section 2.25 of this Ordinance, a Performance Guarantee shall be
required for the purpose of ensuring that subdividers properly install all required
subdivision improvements in a timely manner, in accordance with approved plats and
construction plans.
(A) Imprevernents proposed by the subdivider er required by this QrdinaRGe, shall be
nrdi
(B) In those instances where said subdivision improvements are required to be GGRStruGted
in order to comply with the Subdivision standards of this Ordinance ,,shoe^„^^++^ and-as
a condition of Final Plat approval , plans and specifications for said
improvements shall be approved by the appropriate agency and- reference to sand
Imnrn"eMen+o shall he rRade nor+ of rip or to the Final Plat approval.
7.4.2 Improvements Required
(A) Subdividers are responsible for the construction, installation, and maintenance of
required improvements in accordance with the standards in this Ordinance in addition to
any applicable federal, state, or county standards to include, but not be limited to, the
following:
(1) All roads within the subdivision and improvements to existing roads required for
safe and adequate access to the subdivision;
(2) Road signs;
(3) Water supply and wastewater systems, other than individual wells and septic
tanks;
(4) Drainage faGilidies and easements;
(5)(4) Stormwater control measures an genien+ ,+^",^
(&)(51 Erosion and sedimentation control devices;
(4(F\ l ���^+;"^ rRecreation amenities, spaces, and trails;
MLZL_Fire suppression management facilities;
WLgL_Common Open Space, ReGFeai;GR sr-and Landscape ant
„r,nrn„eMen+s, areas,, ^nd es; and
ti- )j9LAny other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval, including those required by other regulatory
agencies.
(B) If the subdivider records a plat for only a phase or portion of the subdivision for which a
preliminary plat was approved, the improvements required to be constructed, installed,
and maintained in accordance with said recorded plat shall be these +hod
the Planning Director deems neness r„sufficient and proportional to serve the lots shown
on the recorded plat.
7.4.3 Completion of Improvements
(A) The Planning Director shall not approve a final plat presented for recordation until:
(1) All required improvements have been completed.
38 Updated for clarity
Orange County, North Carolina—Unified Development Ordinance Page 7-5
Article 7: Subdivisi?gg
Section 7.4: Improvements and Performance Guarantees
(2) All legal documents shall be submitted, reviewed and approved by the Orange
County Attorney, or
(3) A Performance Guarantee has been provided in accordance with the provisions
detailed herein.
(B) An improvement shall be deemed completed only after the appropriate public agency has
certified that the improvement(s) has been installed in accordance with the approved
preliminary plat, the approved construction plan, and in accordance with applicable
federal, state, and county regulations.
(C) As authorized by the North Carolina General Statutes, idn lieu of certification from a public
agency, the Planning Director is authorized to accept certification from the applicant's
licensed professional engineer or licensed professional surveyor or other professional as
authorized by the Ner+h Gar„iina GGReral Statut that the improvements have been
installed in accordance with all applicable standards.
7.4.4 DerF.+...+anrP GliaranteesReserved
(A) IR aGGGrdanGe with SeGtien 2.27 ef this QrdinanGe, a PerfermanGe Guarantee shall be
required fer the purpese ef ensuring that subdividers preperly iRstall all requir
GenStF Gtien plans 39
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider until they are accepted for maintenance by the appropriate party, as represented in the
Subdivision Agreement:.
Heme0Wnor6' „r Dr.,noFty OWReFSaSSOGiatiOR.
7.4.6 Property Owners'Association
(A) Where a , property owners', or homeowner's association or similar legal
entity is to be responsible for the maintenance and control of any improvements required
as part of subdivision approval, the subdivider shall file,, with the Planning Department,
and record with the final plat, a declaration of covenants and restrictions, articles of
incorporation, `",hero req lire and/or by-laws as approved by the County Attorney that
will govern the maintenance and control of such improvements. Provisions shall include
but not be limited to the following:
(1) Establishment of Tthe association snap.,,be established befe.raprior to the sale of
any homes are- soda and/or aooccupation of any building$ssuied;
(2) Mandatory mMembership shall be mandatery for each home buyer and all
successive buyers;
(3) The association shall be responsible for liability insurance, local taxes and
maintenance of recreation, Common Open Space areas, and other facilities,
including streets and utility lines;
(4) The heMeowners rust pay their pro rated share the, eests, and anyysums
levied by the association that remain URPaid shall become a lien on the individ-H-al
homeowner's property which shall be subordinate only to tax and mortgage lien&,�
(5)(4) If all or any portion of the property held by the association is being disposed of, or
if the association is dissolved, adequate recreation space shall be deeded to
Orange County or the appropriate unit of local government to satisfy the public
recreation space required by this Ordinance;
39 Redundant and unnecessary
Orange County, North Carolina—Unified Development Ordinance Page 7-6
Article 7: Subdivisi?gS
Section 7.4: Improvements and Performance Guarantees
!R\!�\ The In+nnnr of no.�h rl�.�ollin.. nit OF In+shall have��n+in.. rights in +hn
i�T��I ajso �.�ci�r;and 40
(7)(6) The homeowners association shall be able to adjust any assessments to meet
changed needs.
(B) When articles of incorporation are required, they shall be submitted in the form in which
they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the
articles of incorporation shall be provided to the Planning Department.
7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association
In those instances where a property owner's association, as detailed within subsection 7.4.56, is
to assume maintenance responsibility for unbuilt required improvements within the-a subdivision;
the following nrnress shall he adhered tn•
(A) The subdivider shall be required to submit te the PlanRing i in WitiRg,
nntia+inn that he she inteRds to transfer m ntenanne r sihiliti fin es to a
establisher) n nerty n iatinn
staff and preperty GWRer's aSSGGiatieR members and GffiGers te review the status of all
required i nts and nU aline the a a+inn's perpetual m ntenanne
ibility. The meeting shall take plaGe at the Planning Departme
normal b Usiness hey firs
(C) The-subdivider shall prepare a document, to be approved in both form and content by the
Planning Denar+men+ aR Orange County °tom, 961tIiRiagdetailing the current
conforming status of all required improvements and providing documentation that the
improvements Dave-were recently beeRinspected and certified as being compliant with
federal, state, and/or local regulations, or otherwise ensured by an approved
Performance Guarantee..
a .Jn fanilities fer v.ohinh r e 6 P e R sihility is heron a s s 6 1 me nd
(E) Samd dOGUment shall, upon eXeGUtien, be FeGOrded with the Orange County Register of
Deeds at the expense of the 1;,ihrdiyide as formal reonnni+ion that maintenance
P yr va�v-macr,,�.r�vr�rmTccvgr� cnurrcc
resnnnsibllities have been assumed imed by the nroneFty n ssnciation
The Planning nenartmen+Orange County shall not release the subdivider of maintenance
responsibilities, or authorize the release of Performance Guarantees, until this process is
completed.41
(€)(1) All outstanding Performance Guarantees held by a subdivider must be effectively
transferred to the Property Owners Association and/or Homeowner's Association
before Orange County will release such a Performance Guarantee to the
subdivider.
7.4.8 Maintenance Guarantees —Public Roads
(A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are
to be dedicated to the public are properly maintained, free from defects, between the time
of construction and the time of formal acceptance for maintenance by the North Carolina
Department of Transportation.
(B) A maintenance guarantee shall be in place before any required Performance Guarantee
is released or before any building permits are issued for subdivisions containing public
road improvements.
40 These are private matters outside the County's purview.
"These are generally private civil matter that do not need to involve the county.
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivisi
Section 7.5: Subdivision Agreements44F
(C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will
maintain all required public road improvements, drainage improvements, and
sedimentation and erosion control improvements to the standards of this Ordinance until
the public road improvements are added to the state-maintained road system. The
guarantee shall also state that the subdivider will be responsible for correcting any
defects that may arise during the maintenance period and shall remove temporary
sedimentation and erosion control measures.
(D) Maintenance guarantees shall be in the form of a Performance Guarantee meeting the
requirements of Section 2.27 of this Ordinance.
(E) The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the
Board of County Commissioners at the time of the initial posting of the guarantee and for
each subsequent renewal or extension to cover the County's administrative costs.
SECTION :D •
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project,
(2) Impervious surface limits for the lots within the development,
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted,
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or"Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina",
(5) Identification of soil and septic limitations, if any, for each lot,
(6) Access restrictions for the project and individual lots,
(7) Limitations on land uses, including specifically dedicated areas,
(8) Maintenance requirements for all roadways as well as references to the project's
road maintenance agreement, if required, and
(9) Maintenance requirements for all designated Common Open Space areas.
SECTION
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
"Updated for clarity and enforceability
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: Subdivisi?gg
Section 7.6: General Design Standards
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which provides an easement for individual septic disposal for use by a separate
lot or deed shall conform with NC DHHS DPH Innovative Waste Water System Approval
IWWS 2016-01.
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
7.6.3 Land Suitability
(A) In reviewing subdivision proposals, the Planning Department and PlaRniRg Beard shall
consider the overall design of the subdivision with the suitability of the land for
development to ensure that the platting and development of the subdivision will not
create a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established ;n the Laws and Rules f„r Ahs;A-FPtiGR Sewage Disposal
c"�by the NC State Health Code, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of
this Ordinance.
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater runoff removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal Stormwater Management Plan (SMP) shall be
required as part of the application submittal.
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivisi?ga
Section 7.12: Flexible Developments
(B) Where a Flexible Development has 12 lots or less, the street system may consist of
different classes of private roads provided a logical hierarchy of private roads is planned,
with those of lower classification connecting to those of higher classification.
(C) Where a Flexible Development has more than 12 lots, the street system may consist of
public streets and private roads provided:
(1) The street system in the development forms a logical hierarchy of thoroughfares
with streets of lower classification connecting to streets of higher classification;
(2) The development contains no more than 50 lots;
(3) All entrance roads serving the development are public streets;
(4) All streets which stub-out at property lines to provide for the extension of or
connection to future street systems are public streets; and
(5) Private roads are not proposed as part of a Village (Section 7.12.5 (C)) except in
the Village Conservancy portion of the development.
(D) Private, dead-end roads may be terminated in a cul-de-sac or"T"turnaround. Where a
"T"turnaround is used as the terminus for a private road, the dimensions (e.g., turning
radius)of the "T" shall be sufficient to allow emergency service and trash collection
vehicles adequate room to turn around.
(E) Existing street rights-of-way may not count toward the minimum 33% open space
requirement. However, new street rights-of-way may be counted but only to the extent
that they are required to pass through or by open space uses as defined herein to link
one buildable portion of a site with another; and they are located and/or constructed so
as to have no adverse impacts on Primary and Secondary Open Space Areas.
7.12.7 Water Supply and Sewage Disposal Facilities
Water supply and sewage disposal facilities to serve Flexible Developments may be provided
through the use of:
(A) Individual wells and septic tanks provided either on each lot or in off-lot locations
protected through recorded easements; or
(B) A community water and/or sewage disposal system designed, constructed, and
maintained in conformity with all applicable state, federal, and local rules, regulations,
and policies; or
(C) Connection to a water and/or sewage disposal system operated by a municipality,
association, or water or sewer authority. System extensions are permitted only in
accordance with applicable water and sewer, and land use policies and shall be sized
only to serve the Flexible Development for which the system is extended; or
(D) A combination of the above alternatives.
7.12.8 Design Guidelines
(A) Determining Density or Lot Yield
(1) Overall density shall be based upon the minimum lot size requirements of the
zoning district in which the Flexible Development is to be located and on the
basis of a Conventional Subdivision or"Yield" Plan conforming to the regulations
governing lot dimensions, land suitable for development, and street design.
Although such plans shall be conceptual in nature and are not intended to involve
significant engineering or surveying costs, they must be realistic.
(2) Potential building lots and streets must not be shown in areas that would not
ordinarily be permitted in a Conventional Plan i.e., Special Flood Hazard Areas,
wetlands, steep slopes, etc.).
Orange County, North Carolina—Unified Development Ordinance Page 7-53
Article 7: Subdivisi?g?
Section 7.12: Flexible Developments
(3) If the residential lots are proposed to be served by septic systems, the "Yield"
plan shall show soil suitability for individual septic tanks by a preliminary soil
suitability analysis performed in the field on at least 50% of the proposed lots with
all of the proposed lots located on a map showing the location of soil types suited
for septic systems based on the Orange County, N.C. Soil Survey. The soil
suitability analysis and map shall be prepared by a Soil Scientist in consultation
with the Soil Scientist of the Environmental Health Division of the Orange County
Health Department.
(4) The number of lots achieved through the preparation of a Conventional
Subdivision or"Yield" Plan is the number of lots which must be used in preparing
the Flexible Development Plan. The number of lots may not be increased through
the proposed use of an alternative or community sewage disposal system.
Increases are permitted, however, at the Preliminary Plan stage where a more
detailed soils analysis clearly demonstrates that a greater number of lots is
achievable than shE)W^ OR ems' GenGept o'er^previously calculated.
(B) Design Process
Flexible Development subdivisions shall be designed around both the Primary and
Secondary Open Space Areas, which together constitute the total required open space.
The design process should therefore commence with the delineation of all potential open
space, after which potential house sites are located. Following that, access road
alignments are identified, with lot lines being drawn in as the final step.
This "four-step" design process is further described as follows:
(1) Open Space Designation
(a) All potential Open Space Areas, both Primary and Secondary, shall be
identified using a site analysis map as described in Section 7.13.2(A)(3).
(b) Primary Open Space Areas shall consist of those features described in
Section 7.12.4.
(c) Secondary Open Space Areas shall comprise at least half of the
remaining land and shall include the most sensitive and noteworthy
natural, scenic, and cultural resources as described in Section 7.12.4.
(d) Guidance as to which parts of the remaining land to classify Secondary
Open Space Areas shall be based upon on-site visits and the criteria
contained in Section 7.12.4.
(2) House Site Location
(a) Potential house sites shall be tentatively located.
(b) The proposed location of houses within each lot represents a significant
decision with potential impacts on the ability of the development to meet
the criteria contained in Section 7.12.4.
(c) Generally, house sites should be located no closer than 100 feet from
Primary Open Space Areas.
(d) House sites may be situated 50 feet from Secondary Open Space Areas
to permit the enjoyment of scenic views without negatively impacting
Primary Open Space Areas.
(3) Street and Lot Layout
(a) Proposed streets shall be aligned to provide vehicular access to each
house in the most reasonable and economical manner.
(b) When lots and access streets are laid out, they shall be located in such a
way that avoids or at least minimizes impacts on both Primary and
Secondary Open Space Areas.
Orange County, North Carolina—Unified Development Ordinance Page 7-54
Article 7: SubdivisiT08
Section 7.13: Specifications for Plat Drawings
(B) A precise description of the extent to which the proposed modifications depart from the
standard requirements of the applicable zoning district and the reasons for such
departures.
(C) The location, type, and area of the Common Open Space, as well as the amount and
function of the Common Open Space in terms of densities and dwelling types proposed.
(D) Written site analysis accompanied by an illustrative site map, which identifies the
following:
(1) Slopes 7'/2- 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established, and the intent of the provisions providing
for the establishment of a cluster subdivision.
SECTION • • ' PLAT DRAWINGS
The requirements of this Section shall apply to the format of drawings.
7.13.1 Minor Subdivisions
(A) Concept PlanPreliminary Plat
The required Concept PIA^Preliminary Plat for Minor Subdivisions consists of:
(1) A scaled copy of a current Orange County GIS Map for the property denoting its
current orientation and layout. This map may be obtained from the Planning
Department for a fee in accordance with the adopted fee schedule and shall
contain at a minimum the following information:
(a) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed division of property
including, but not limited to, the following:
(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
Orange County, North Carolina—Unified Development Ordinance Page 7-59
Article 7: SubdivisiT06
Section 7.13: Specifications for Plat Drawings
(d) The Parcel Identification Number(PIN) number(s) of the lot(s) subject to
the application,
(e) The proposed property lines for each lot,
(f) Common Open Space lots, including type and acreage,
(g) A Site Analysis Map as outlined in LIDO 7.13.2 (A)(3) below,
(h) The delineation of any known and required stream buffers on the
proposed lot(s),
(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
Q) A narrative detailing the development of all proposed roadways,
(k) A private road justification, if required under Section 7.8, and
(1) Any other reasonable relevant information.
(B) Final Plat
Final plats shall adhere to the specifications contained in Section 7.13.3.
7.13.2 Major Subdivisions
(A) Concept Plart
0) in General
(aa) The required lnc6ept Plan for Major Subdi„isJoRs of three
ASite Analysis MW,
A Genventional Subdivision Option; and
Lw`«�A Flexible Development Optiop
(bl Concept Plan shall be prepared to the "four-step" process
p� �r Plan� �prep according`9`�,� �'o
for designing Flexible developmentsubdivisions, as described herein
(c) The Concept Plan shall he drawn in block ink or pencil ttoo_a scale n1�o not
less than 280_feet to the inch The scale chosen shall he large enn nh to
show all required detail clearly and legibly
(2) Required General Information
f'en
Fach Cite °nalysis Map anrd Development Option shall contain the following
general information:
(a) A sketGhV lcl� mna p wing the IGGatlen of the vs relation
to the evicting street or highway system•
(b) The plotted boundaries orthc�r-;4et frn-rn deeds or maps of Feserd and the
portion of the traGt to be subdivided;
(c) The fc eGFeage to be subdivided, tax map block and lot
number reference;
(d) The name, address and telephone number of the subdivider or owner
and the_person responsible f oo�the the subdi.oiv'sion_dec`iggn•
(e) Scale, approximate north arrow and date of p�ppreparati�.�non_and
(ff) Name_oofsuhbd'y'y's'er
(3) Site Analysis Ma;
Orange County, North Carolina—Unified Development Ordinance Page 7-60
Article 7: Subdivisi"6
Section 7.13: Specifications for Plat Drawings
As determinerd frnm readily identifiable n site in enteries aerial photographs
rye oI rd, State/Federal reseUFee maps, and IGGal, plaRRing decU„Tents and
i n"enteries the Site Analysis Map shall non+sin the fnllewing infnrrnatien•
(aa) Primary Open Spare Armes
ntifinatinn of phySGal rc s ass�ted�riith the site Whinh restrint
its development potential OF nnntain sinnifinant and/or n��Ifi oral
rosn�ernes . Auding•
�T-opegraphin nnnte ors At ten_foet interval wing FE)GL
oU hnrops and clones of 7 V_0/ to 15 and more than 15
cm�Semi type a Gea+inns-and c�e=ac ens#�cs-relafiag�o seasen I high
water table apd depth to hedrnnL
HydFGIGgiG EharacteriStiGS eft;esite, ieGIudiRg drainage
tributaries �rfane vfater hedies fleedplains nd wetlands.
/i"\ Natural d wildlife habitats d 'ders.
t,-P�, areaSm he,�sar;�ce,=nor
/.,� His an �aeeIogic-arsiteslISted thp- Na+innal Regi�er
of I-Iistorin Dlanes or innL uded nn the Qtate's hlatinnal Register
study list designated as a Innal his+grin landmark,
Iona+ed in a
Innal histerin distrint and/nr identified as haying ahigh potential
for arnhaenlnninal remains
(b) S'eG ndary Open Spate yeas
id.entmEatiGR ofS+gnmEanrSItG elements on b uild ahle�r+iens-;f the site,
feuding:
Vegetation ef the site defiRing approximate IGGatien and
boundaries of weedland areas, and! wherever p sihle
vegetetive asSeciatiGR OR termsef Spesies and size. Infermatien
frnm aerial photographs shall he anneptahle at the Gonnept Plan
sty
Current lannd-use and I-cma land-GOVer(GUItivated-areas, pastures-,
etn \ existing buildings and strUntures and burial grounds.
r�SGen,G=iewS onto the sitef,re-Irn surrounding reads as well aS
4TA- fe-At-r $#{nTmTwithin the site as C e+eTrmined 1by
field suwey.
�.y Other historic and archaeological sites and stru gyres.
(E)Transportation and Utility Systems
Identifinatinn of fanilities AS iated with the movement of people and
geods nr the PFGVi6weRof public services including:
/)Railroa and st-eeta=ights-of-vva
/r amEasements for vehiGUIIar aeseSS, elestrin and gas traRSMOSSO
lines and similar uses
PubinGand private water and es and storm drainage
faderacrtrcr�.r.
(4) Conventional Subdivision Option
(a) The proposed street layeut within thPseh, �s+ep n :n9 travelway
and right_of_way widths apd nnnnentiop to e..ist.Rg streets;
Orange County, North Carolina—Unified Development Ordinance Page 7-61
Article 7: Subdivisim
Section 7.13: Specifications for Plat Drawings
\�PFeliMiRary sc)il suitability lyres of 10 to 15 of the
rep peserJo��
\�YPro sign of a map showing the of solltypes suited�v�
septic systernS as-hased on the Orange Coil
Survey. The map shall he prepared IN& the Qnil
Cnientist of the I=ny'rPnmental HQ;;I+h Diyicinn of+he Health
Department.-
The
\� �pposed arrangement netts;iNithin the subdivision,
inch Yding size and Mumher, as based nn soil si iitahility analysis
(5) Flexible Development Optkm
The Flexible Development Option shall contain the follewing inform a+ion•
(a\ + f lets within the bdiyisien �rding size
��T#e�rspssed�ar',ger�era�-e,--«���sa,��,�,T �..,,�
per:
(b) layer t within the bdiyision .Jinn+ray
��The-prl3psseJl street� �su, s c��z,�,-Pe4way
and right ef wa y widths nd c ec+ion+o a is+inn s+roots
(G) The Inr•atinn type, and area of the open spat nrropGsed in the
sybdMs'on including open mane to he preserved:
lei-aa sepc`a Fate lot orrivts iunnd_pw the ownership of a hemeev.f
assnciat'nmn
a.T.vrnaziT
\�As part of inddividd ually owned lots through as Goonseni�non
easement applir•ahle to multiple Intl
/ As part ef individually GWRed estate lets threughe es+g R atierr�
buildable areas and the use of res+rictiye c ants
l-R a separate let e=leas threugh dediGatinn fer pi bliG Use, S�
ar L site to 't f local + state +
.�--a�a,,��.n,, cv�a-'a'nrnr' norrvcargvvenmrenrvcucc-gvven�rrrenrvr
ate land c
(d�))TheInca+inn of proposed water.supped-se 'wage disposal faGilrtes,
including:
Well site for individual and GOMmunity water systems.
N+t;ifieat'�;ieldareas fe-F Gommunity
sewage disposal systems employing subsurface disposal and
spray irrigation respectively
NitFifiGation_fielda nd land application areas r individual on
and efr_let sewage disposal systems employing subsurface
disposal and spray irrigation respectively
Public water and sewer!ones, whore such facilities are avail
or capable of being extended
(e) the e appliGant is seeking approval only of a FlexibleDev t
Plan, heishe shall submit information shOWing the location of soils
in+�a hpl or nvr�rrui=cidua i
-I-cep + systems as required in uhsectinn A/h\
above.
(B)(A) Preliminary Plat
(1) In General
(a) The Preliminary Plat shall be prepared by a North Carolina registered
land surveyor, professional engineer or registered architect or landscape
architect.
Orange County, North Carolina—Unified Development Ordinance Page 7-62
Article 7: Subdivisi"9
Section 7.13: Specifications for Plat Drawings
(b) The Preliminary Plat shall be drawn in black ink or pencil at a scale of not
less than 200 feet to the inch nor more than 20 feet to the inch. The
scale chosen shall be large enough to show all required detail clearly
and legibly.
(c) Approximate dimensions and locations are acceptable provided that on
the Final Plat all information shall be based on an actual field survey.
(d) The sheets shall be numbered in sequence if more than one sheet is
used.
(2) Title Block
The title block shall contain the following information:
(a) The proposed name of the subdivision, preceded by the words
"Preliminary Platn of ", which shall not duplicate nor closely
approximate, phonetically or in spelling, the name of any other
subdivision in Orange County;
(b) The scale, approximate north arrow, date of preparation and any other
pertinent legend data;
(c) County and township location; Parent Parcel Identification Number, tax
map, block and lot number of the parcel; and deed book and page
citations for the property to be subdivided; and
(d) The name and address of the owner(s)of the land to be subdivided, the
name and address of the subdivider if other than the owner, and the
name, address, registration number and seal of the registered land
surveyor, professional engineer or registered architect or landscape
architect responsible for preparation of the plat.
(3) Vicinity Map
(a) A vicinity map showing the general location of the subdivision in relation
to the surrounding area shall be placed on the plat.
(b) The vicinity map shall be shown at a sufficient size to show the
relationship of the tract to the existing street or highway system and
readily recognized Orange County landmarks.
(c) Streets and roads shall be identified by State road number and name.
(4) Existing Site Data
Information on existing conditions shall be shown as noted below.
(a) Boundary Lines
(i) The approximate or survey location, including distances and
bearings for boundary lines of the subject tract.
(ii) The location, width and purpose of all recorded easements and
any readily visible and apparent easements.
(iii) The approximate location of boundary lines which abut the tract
shall be shown as dashed lines. The boundary lines of the tract
shall be shown by a heavy line which provides quick and easy
distinction between the property to be subdivided and adjacent
properties.
(iv) The approximate location of corporate limit lines, township
boundaries, and county lines.
(v) The names of owners of adjacent unsubdivided land.
Orange County, North Carolina—Unified Development Ordinance Page 7-63
Article 7: Subdivisi"g
Section 7.13: Specifications for Plat Drawings
(vi) For adjacent subdivided land, the subdivision plat name, plat
book and page number, and perimeter lot numbers abutting the
tract to be subdivided.
(b) Streets and Transportation Systems
(i) The location, name and right of way width of streets, roads and
railroads abutting the tract
(ii) Surface material and width of travelways.
(iii) The location of any existing curbs, gutters and culverts. These
features shall also be shown in cross section.
(iv) The location and width of alleys, sidewalks, bike lanes, transit
systems, and bus stops.
(c) Utility Systems
(i) The location and size (if appropriate)of all:
a. Above ground installations of major electric, CATV and
telephone transmission lines,
b. Underground gas transmission mains,
C. Underground water mains and sanitary sewer lines, and
d. Important storm sewer systems on or abutting the tract
shall be shown.
(ii) Information about underground installations of the utilities listed
above shall be based on information obtained from the
respective utility provider.
(d) Contour Information
(i) Existing contours on the tract shall be shown at vertical intervals
of not more than ten feet.
(ii) Contours shall be referenced to mean sea level datum as
obtained from the latest applicable U.S. Geological Survey
topographic map or other geodetic bench-mark.
(iii) Where a field topographic survey of the tract has been
performed, contours shall be referenced to a permanent
identifiable bench-mark.
(e) Primary Open Space Areas
Identification of physical resources on the site which restrict its
development potential or contain significant natural and/or cultural
resources, as identified in Section 7.12.
(f) Secondary Open Space Areas
Identification of significant site elements on buildable portions of the site,
as identified in Section 7.12.
Other Conditions
Streams d rivers, ponds or lake swamps er marshes,a
rr� e•am rrc--rrP �m-rao--yr-ra�cc umpv--vr-mar c
natural areas identifier! in "natural An Inventory of 2MtecSites of C�-If��rel
I�etorin Re ational RlelneiGal and Geeleginal Sinnifinanne 'n
vccrt�rc�.crcarrvrtarvrorvgra-ar-a-rcrQcvrogr�-ar-v��mcancc�rr
the I Ininnornerated Rertien of nraRg8 GO Rty" a "In„eatery of
the Natural Areas and Wildlife Habitats of Orange County, North
Orange County, North Carolina—Unified Development Ordinance Page 7-64
Article 7: Subdivisim
Section 7.13: Specifications for Plat Drawings
04 i) Manmade features including houses, barns, and known or
identified cemeteries shall be shown in their approximate
location.
40 ii The zoning of the subject tract and adjacent properties shall be
noted.
(5) Subdivision Layout Data
Information on the proposed development shall be shown as noted below.
(a) Site Calculations
Site calculations shall be shown as follows and may be approximate,
provided that the Final Plat shows all calculations based on an actual
field survey:
(i) Acreage in tract to be subdivided;
(ii) Lineal feet of road centerlines and approximate acreage within
new street rights of ways;
(iii) Acreage in dedicated open spaces, recreational areas and other
non-residential uses; and
iv Total number of lots or parcels created,-.
4,v}a. If a Flexible Development Option is being used, calculate
the number of potential lots that could be realized as a
Conventional Subdivision, as specified in 7.12.8.
(b) Lot Arrangement
(i) Proposed lot lines, lot and block numbers and the approximate
dimensions and area of each proposed lot shall be shown on the
plat.
(ii) Lot areas exclusive of road right of way shall be shown.
(iii) Blocks shall be consecutively numbered or lettered in
alphabetical order and all lots in each block shall be
consecutively numbered.
(iv) Required building setback lines shall be shown for each lot or
noted on the plat.
(c) Dedications, Reservations, and Easements
(i) The location and approximate dimensions of all property to be
set aside for recreational use or other public or private
dedications, reservations or easements shall be shown.
(ii) The purpose and conditions of the dedication, reservation or
easements shall be noted.
(iii) For recreation areas with improvements, a separate sheet shall
be provided showing the proposed site dimension and
improvements drawn at a scale of not less than 50 feet to the
inch, or at a different scale if approved by the Planning Director.
(d) Streets and Transportation Systems
(i) The location, dimensions and classification (public or private)of
all proposed streets, easements, alleys and other right of ways
shall be shown on the plat.
(ii) The location and dimensions of proposed pedestrian paths and
sidewalks, bike lanes or paths, and bus stops shall also be
shown.
Orange County, North Carolina—Unified Development Ordinance Page 7-65
Article 7: Subdivisi"8
Section 7.13: Specifications for Plat Drawings
(iii) Proposed streets, pavement or travelway widths shall be
denoted as well as typical roadway cross sections. The
approximate centerline radius shall be shown on all proposed
streets.
(iv) Proposed street names shall be indicated on the plat. Such
names shall not duplicate or approximate the name of any other
street in Orange County except where a proposed street is the
continuation or extension of an existing street.
(6) Utility and Drainage Data
(a) Proposed utility systems shall be shown on the plat, including but not
limited to:
(i) Public or private community water supply systems, including
proposed well locations,
(ii) Public or private community sewage disposal systems, including
proposed septic drainage fields, and
(iii) Storm drainage facilities, including existing and proposed
drainageways and channels.
(b) Any easements associated with such utility systems shall also be
denoted and the purpose for the easements designated on the plat.
(7) Landscaping and Buffer Data
The following information shall be denoted on the Preliminary Plat to
demonstrate compliance with the provisions of Section 6.8 of this Ordinance:
(a) Existing trees and/or vegetation to be preserved and proposed trees
and/or landscape materials to be installed.
(b) Required buffers.
(8) Special Flood Hazard Area (SFHA) Standards
(a) The boundary of the SFHA shall be designated and labeled on the plat
as required by this Ordinance.
(b) For subdivisions located within a Watershed Protection Overlay District,
as identified on the Orange County Zoning Atlas, the following
information shall be designated and labeled on the plat:
(i) Impervious surface data as required by Section 4.2 of this
Ordinance;
(ii) Stream buffers as required by Section 6.13 of this Ordinance;
and
(iii) Stormwater detention and/or retention sites and undisturbed
areas for infiltration purposes as required by the Section 6.14 of
this Ordinance.
7.13.3 Final Plat Specifications
(A) Plat Preparation
(1) The Final Plat shall be drawn in accordance with the requirements of G.S. 47-30
as amended and to the specifications of this Section. The plat shall be prepared
by a Professional Land Surveyor at a scale of not less than 100 feet to the inch
nor more than 20 feet to the inch.
(2) All Final Plats shall be prepared in accordance with the Manual of Practice for
Land Surveying in North Carolina as prepared by the North Carolina State Board
of Registration for Professional Engineers and Land Surveyors.
Orange County, North Carolina—Unified Development Ordinance Page 7-66
Article 7: Subdivisi"a
Section 7.13: Specifications for Plat Drawings
(B) Title Block
A title block shall be placed on the plat, which shall contain the following information:
(1) The name of the subdivision, preceded by the words "Final Plat of
which shall not duplicate nor closely approximate, phonetically
or in spelling, the name of any other subdivision in Orange County, and, where
the plat at hand is only part of a larger subdivision bearing the same name, the
unit or section number of other necessary identification;
(2) The graphic scale in feet per inch in words or figures and bar graph; a north
arrow accurately positioned and designated as magnetic north, true north, North
Carolina State Plane Coordinate Grid System North or north referenced to a
recorded instrument with the recording reference shown; the date or dates the
survey was conducted; and any other pertinent legend data;
(3) State, county and township location; tax map, Parent PIN, block and lot number
references; and deed book and page number citations for the property being
subdivided; and
(4) The name and address of the owner(s) of the land being subdivided; the name
and address of the subdivider if other than the owner; and the name and
address, registration number and seal of the land surveyor responsible for
preparation of the plat.
(C) Vicinity Map
(1) A vicinity map showing the general location of the subdivision in relation to the
surrounding area shall be placed on the plat.
(2) The vicinity map shall be drawn at a sufficient size to show the relationship of the
tract to the existing street or highway system and readily recognized Orange
County landmarks.
(3) The vicinity map shall show the street names in addition to the State Road (S.R.)
designations.
(D) Existing Site Data
Information on existing conditions shall be shown as noted below.
(1) Boundary Lines
(a) The location, distance and bearings for the boundary line of the tract to
be subdivided.
(b) Areas not designated as lots that will be under common ownership such
as a conservancy, public agency or similar entity or a homeowners'
association's ownership shall be appropriately labeled as tracts.
(c) Locations of corporate limits or Extraterritorial Zoning Jurisdiction (ETJ)
lines, township boundaries, and county lines.
(d) The names of owners and Parcel Identification Numbers (PIN)of
adjacent land.
(e) For adjacent land that is platted, the subdivision plat name, plat book and
page number abutting the tract to be subdivided shall also be shown.
(2) Other Conditions
(a) If any portion of the final plat includes land referenced in the"Inventory of
the Natural Areas and Wildlife Habitats of Orange County, North
Carolina" it shall be shown on the plat.
(b) Constructed features including houses, barns, sheds, railroads and
overhead utility lines.
Orange County, North Carolina—Unified Development Ordinance Page 7-67
Article 7: Subdivisi"?
Section 7.13: Specifications for Plat Drawings
(c) Cemeteries if designated either by a previously recorded instrument or if
disclosed to or found by the surveyor during the course of the survey.
(d) All street rights-of-way, which adjoin the boundaries of the tract being
subdivided, shall be shown with dashed lines and shall denote the right-
of-way location and width.
(E) Subdivision Layout Data
The lot design plan shall be drawn and shall show the following information:
(1) Lot Arrangement and Development Potential
(a) The lot lines, Parent Parcel Identification Number, and lot and block
numbers of each lot shall be shown on the plat.
(b) Blocks shall be consecutively numbered or lettered in alphabetical order
and, all lots in each block shall be consecutively numbered.
(c) Lot and block numbers provided shall be in substantial compliance with
those shown on the approved Preliminary Plat.
(d) The location and dimensions of all lot lines, all new easements and any
existing easements which are recorded or easements which are visible
and apparent reservations, and areas dedicated to public or private use
with notes stating their purposes shall be shown on the Final Plat.
(e) Lots shown on the Final Plat shall be substantially the same as those
shown on the approved Preliminary Plat.
(f) Front, rear, and side yard setbacks that are greater than the minimum
setba k r eRtS of the d'StF'Gt in which the p of io leGated shall be
designated with dashed lines on the individual lots and labeled as
`Minimum Setback'. These setback requirements shall be reflected in the
county's approval of the subdivision.
(g) All lots which are of restricted development potential shall be noted on
the Final Plat with reference to a separate recorded instrument which
describes the restricted lot(s) by metes and bounds and designates the
lot as "Of restricted development potential because of(specify condition),
pursuant to Section 7.6.3 of the Orange County Unified Development
Ordinance".
(2) Streets and Transportation Systems
(a) The location, dimensions and classification (public or private)of all
streets, new easements or any existing easements which are recorded
or which are visible and apparent uses, alleys and other public or private
ways shall be shown on the Final Plat, including pedestrian and non-
motorized vehicle easements.
(b) All streets intended for future extension either within or beyond the
boundaries of the subdivision shall clearly be indicated on the Final Plat
by the words, "Subject to future extension".
(c) A No Vehicular Access Easement (NVA) (aka Negative Access
Easement) 10 feet in width shall be designated, with a dashed line, along
the right-of-way of all lots and tracts where direct vehicular access to a
roadway is not approved.
(d) Street names, including State road numbers if applicable, shall be
indicated on the Final Plat and shall not duplicate or approximate the
name of any other street in Orange County, or an adjacent County if a
similar street name is in use in the vicinity, except where a street is the
continuation or extension of an existing street.
Orange County, North Carolina—Unified Development Ordinance Page 7-68
Article 7: Subdivisi"8
Section 7.13: Specifications for Plat Drawings
(e) All street names shall be approved through the Orange County Land
Records office.
(3) Utility and Drainage Data
(a) Construction plans shall be submitted to proper authorities, as required,
to document any new:
(i) Public or private community water supply system,
(ii) Public or private community sewage disposal system, and/or
(iii) Storm drainage facilities.
(b) Written approval of the reviewing authorities and a set of approved
construction plans shall be submitted to the Planning Department prior to
approval of the Final Plat.
(c) The location and purpose of all new easements for utility systems shall
be shown on the Final Plat, including, but not limited to,:
(i) Sanitary sewers,
(ii) Septic tanks and nitrification fields,
(iii) Storm sewer lines,
(iv) Water mains,
(v) Gas, transmission mains,
(vi) Overhead electric, telephone and CATV transmission mains, and
(vii) Any other above or below ground utility systems which are
contained within a designated easement.
(d) It is understood that utility distribution systems to individual lots for gas,
electric, telephone, and TV cable service are customarily covered by
"blanket easements" or"general easements". If these easements have
been recorded, the recording data shall be shown on the plat.
Otherwise, these easements need not be denoted on the plat.
(4) Landscaping and Buffer Data
Buffers widths and locations as required by Section 6.8 of this Ordinance shall be
shown on the Final Plat and specified in a separate document to be recorded
concurrently with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(5) Special Flood Hazard Area (SFHA) Stan and Regulated Water Featuresa3
(a) The boundary of the Special Flood Hazard Area (SFHA)shall be
designated and labeled on the plat as required by this Ordinance.
(b) For subdivisions located within a water supply watershed of regional
and/or local importance, the following information shall be shown on the
Final Plat:
(i) The maximum impervious surface data as required by Section
4.2-of this Ordinance shall be shown for each lot.
(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
43 Broadening language to reflect the actual plat requirements of this subsection.
Orange County, North Carolina—Unified Development Ordinance Page 7-69
Article 7: Subdivisi"g
Section 7.13: Specifications for Plat Drawings
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm-water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(6) Open Space and Natural and Cultural Resource Areas
(a) Any areas identified in the "Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina" shall be shown on the Final
Plat.
(b) A description of the resource, and the conditions of subdivision approval,
which ensure its protection shall be included in a document of describing
development restriction to be recorded concurrently with the plat.
(c) Common Open Space areas dedicated in accordance with Section 7.12,
indicating the type (e.g., Primary/Secondary), the use (e.g., passive
trails), the land area, the fee simple owner of the land, and/or the holder
of the easement.
(F) Certificates and Endorsements
(1) General
The Final Plat shall be made by or prepared under the supervision of a
Professional Land Surveyor licensed to practice in the State of North Carolina
and shall contain a certificate as required by Section 47-30 of the General
Statutes and prepared in substantially the following form and acknowledged by a
notary public:
1, , certify that this plat was drawn under my supervision from (an
actual survey made under my supervision) (deed description recorded in Book
Page , etc.) (other); that the ratio of precision is 1: ; that
the boundaries not surveyed are shown as broken lines plotted from information
found in Book , Page ; that this map was prepared in accordance with
G.S. 47-30 as amended. Witness my hand and seal this day of
, A.D., 20_"
Seal or Stamp
Surveyor Registration Number
(The surveyor shall also certify on the plat as required by G.S. 47-30 (f) (11)as
amended.)
(2) Certificates of Dedication and Maintenance
(a) The following certificate shall be printed on the Final Plat and shall be
followed by the signature of the owner(s) of the property being
subdivided acknowledged by a notary public.
"The undersigned owner hereby certifies that the land shown hereon is
located within the subdivision-regulation jurisdiction of Orange County
and hereby freely dedicates all rights-of-way, easements, streets,
recreation areas, open spaces, common areas, utilities and other
improvements to public or private common use as noted on this plat, and
Orange County, North Carolina—Unified Development Ordinance Page 7-70
Article 10: Definiti?ga
Section 10.1: Definitions
Street, Minor
A street used or designed primarily to provide access to abutting properties. It serves or is designed to
serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.
Street, Private
A vehicular way, built to the private street standards of Orange County, not intended for public use or
public dedication and which serves a limited number of lots. It is maintained by private property owners
and intended for use by those private property owners.
Street, Public
A street which has been accepted for permanent maintenance by the State of North Carolina.
Street, Subcollector
A street used or designed to provide access to abutting properties, but is also designed to be used or is
used to connect minor or local streets with collector or arterial streets. Including residences indirectly
served through connecting street, it serves or is designed to serve at least 26 but not more than 100
dwelling units and is expected to or does handle between 200 and 800 trips per day.
Structure
Any building used or intended for supporting or sheltering any use or occupancy.
Studio (Arts and Crafts)
See School- Performing Arts, Sports and Recreation.
Study Area, Traffic Impact
The area in which a traffic impact analysis will be made and extending approximately one half mile along
roadways adjacent to a development project and in both directions from all access points or to a major
intersection along these roadways.
Subdivider
Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) The combination or recombination of portions of previously subdivided and recorded lots where
the total number of lots is not increased and the resultant lots are equal to or exceed the
standards of the County, as detailed within this OrdinanceThe ^n,,,hinatinn nr rennw,hination othp- result-ant lets are equal to A_.r exr-,eed- the 6tandards of the County, including private road
i61otifinotinn standards s .tetoile.t �.githin this (lyd*nonoe
b) The division of land into parcels greater than ten acres where no street right-of-way dedication is
involved.The division of land paFGels gFeater than 10 aGres if Pe street right c)f way dediGation
is invnhier!
c) The public acquisition by purchase of strips of land for widening or opening streets or for public
transportation corridor$.The pu blio annuisitien by purnhase of strips of land fer widening or
nponinn streets
d) The division of a tract in single ownership, the entire area of which is no greater than two acres,
into not more than three lots, where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of the County as detailed within this
Ordinance.
resultant lots are equal to or eXGeed the 1.6t.andards of the CGURty as shGWR by its subdivisien
ren�J tbff
rc�mucrvrrr.
Orange County, North Carolina-Unified Development Ordinance Page 10-56
Article 10: Definiti?pf
Section 10.1: Definitions
d-)e)The division of a tract into parcels in accordance with the terms of a probated will or in
accordance with intestate succession under Chapter 29 of the North Carolina General Statutes.
Subdivision, Expedited Minor
The subdivision of a tract or parcel of land in single ownership that fulfills all of the following criteria:
a) The tract or parcel to be divided is not exempt under the provisions of the Ordinance;
b) No part of the tract or parcel to be divided has been divided via the expedited minor subdivision
process within the past 10 years prior to plat recordation;
c) The entire area of the tract or parcel to be divided is greater than two acres;
d) The subdivision creates no more than three lots; and
e) All resultant lots comply with the following:
1. Applicable lot dimension and size requirements of this Ordinance;
2. Applicable land use requirements of this Ordinance;
3. A permanent means of ingress and egress is recorded for each lot.
Subdivision, Major
Any division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not_:
Gcreate more than:
a) Five lots for the conventional design options, or
a) mere r12 lots for the flexible development option., ,nclu the residual acreage frem aRY
one+rant of land in y 24 oath n r!io •
hh``
b)
a)-A subdivision meeting the qualifications of an Expedited Minor Subdivisions shall be subject to
the applicable allowances provided by by NC General Statutes 160D-802.ner+4,.;te or improve any ne
oPubliG street other than widening on eX*St'Rg ihlir Street;
b) Extend PubliG wate.r andwer sanitary seweFage systems c)ther thaIA laateraals to lots;
G) Nep-essiLate the 0As;taAlI_At*f_)A A-f drainage impreverne-Ints vihiGh would Fequire easements through
one er more lots to Sense other lets; ap
vnti. m�rrvrc�vca--ca-rvcrvc-vm�vc.�-,-�-rrra
4) At the GptiGR of the appliGant, involve VeSt'Rg of the subdivision fAr a period greater than one
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of"substantial improvement." Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
a) Any correction of existing violations of State or Orange County health, sanitary, or safety code
specifications which have been identified by the Orange County code enforcement official and
which are the minimum necessary to assure safe living conditions, or
b) Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure and the alteration is approved by a variance issued
pursuant to this Ordinance.
Support System
Orange County, North Carolina—Unified Development Ordinance Page 10-57
Attachment 3 182
STATEMENT OF APPROVAL AND CONSISTENCY OF
THE PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
REGARDING SUBDIVISION ADMINISTRATION AND REGULATION STANDARDS
Orange County has initiated an amendment to the Unified Development Ordinance(UDO)to revise
regulations regarding subdivision administration and regulation standards.
The Planning Board hereby recommends approval of the proposed text amendment and issues this
Statement of Consistency pursuant to NCGS § 160D-604(d) Planning Board review and comments—
Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments,including review by the Development Advisory Committee (DAC), as required in
UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan, as
prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding
Principles and Objectives:
a. Planning Principle 2.2- 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.
b. Planning Principle 2.4—Natural Area Resource Preservation—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.
c. Planning Principle 2.5—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.
d. Planning Principle — 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.
e. Land Use Overarching Goal - Coordination of the amount, location,pattern, and
designation of future land uses,with availability of County services and facilities sufficient
to meet the needs of Orange County's population and economy consistent with other
Comprehensive Plan element goals and objectives.
f. Land Use Goal 1 -Fiscally and environmentally responsible,sustainable growth,consistent
with the provision of adequate services and facilities and a high quality of life.
g. 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.
h. 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.
i. Natural and Cultural Resources Objective WR-1 - Preserve natural resources such as
grasslands,woodlands and wetlands to allow for water recharge of ground water and water
quality protection.
j. Natural and Cultural Resources Objective WR-7 -Promote land use patterns that preserve
183
the natural hydrologic system and maintain a sustainable "carrying capacity" balance for
the future between ground water and surface water resources.
k. Natural and Cultural Resources Objective NA-1 -Conserve high-priority natural areas and
wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes, prime
forests,wildlife corridors, and other critical habitats.
1. Natural and Cultural Resources Objective NA-4 - Encourage adequate stormwater runoff
controls in existing developed areas and require these controls for new subdivisions to
protect sensitive downstream aquatic habitat.
m. Natural and Cultural Resources Objective NA-5 - Prohibit development that would cause
adverse impacts on highly significant natural areas and wildlife habitat.
n. Natural and Cultural Resources 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.
o. Natural and Cultural Resources 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.
p. Parks and Recreation Objective PR-4.1 - Developers shall provide for adequate and
appropriate open space suitable for active/low-impact recreation in residential
developments.
q. Services and Facilities Goal 5 - Efficient and effective drainage, stormwater, floodplain
management, and erosion control systems.
4. The amendment specifically supports the following adopted 2025 Strategic Plan Goal and
Objective:
a. Priority 1 — Environmental Protection and Climate Action, Objective 7: Conserve and
protect high priority open space, including Natural Heritage sites, nature preserves,
watershed riparian buffers, and prime/threatened farmland.
b. Priority 3 — Housing For All, Objective 5: Review County ordinances, policies,
agreements, and the regulatory processes to streamline practices, and increase
opportunities and reduce barriers to construct housing.
5. The amendment is consistent with these principles, goals and objectives because implementation
will result in improved UDO reading clarity and enhanced administration of the orderly subdivision
of land, as regulated by Articles 2 and 7;
6. The amendment is reasonable and in the public interest because it is in response to a commissioner
petition and continued guidance to ensure that applicants may be able to subdivide land, as
regulated and allowed by the Orange County UDO, without presenting an application to the
Planning Board or Board of County Commissioners, unless otherwise required by the UDO,
entrusting this responsibility with the Planning Director and their professional and skilled staff.
The Planning Board hereby adopts this Statement of Approval and Consistency and the findings
expressed herein.
Lamar Proctor, Chair Date