PB Agenda Packet - Aug 6 2025 - Laserfiche WebLink

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Ordinance #: AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition submitted by Forestar Group, Inc. (hereafter ‘the Applicant’) seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to rezone +/- 61.11 acres (PIN: 9749-42-2010) from R-1 (Rural Residential) to R-CD (Residential Conditional District) for the purpose of a Major Subdivision; and WHEREAS, the petition has been submitted with a site plan in accordance with the provisions of Section 2.9.1 (C) of the UDO; and WHEREAS, the requirements of Section 2.8 and 2.9 of the UDO have been deemed complete; and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare; and WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the adopted 2030 Comprehensive Plan and reasonable and in the public interest. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the aforementioned parcel to R-CD (Residential Conditional District), as detailed within the submitted application. BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.1 (F) of the UDO the approval of this Conditional Zoning application is subject to the following mutually agreed to conditions: 1. The subject property shall be developed generally in accordance with the proposed site plan submitted as a part of this application (“Site Plan”). 2. All streets not offered to NCDOT as public streets shall meet the design requirements of Class A Private Roads, provided that, private street rights-of-way shall permit the encroachment of kiosks, raingardens, trails, parking, gathering spaces, play areas and other similar improvements designed to serve the neighborhood. No such encroachment shall extend into a Travel-Way, which shall be at least eighteen feet (18’) wide and constructed of compacted gravel of pavement. 3. The minimum lot size shall me 20,000 square feet. 4. No home shall be constructed on the subject property with more than four (4) bedrooms. 5. A Homeowners Association (“HOA”) shall be established with a Declarations of Development Restriction including Architectural Design Guidelines (“Guidelines”) to be administered by an HOA- appointed Architectural Review Committee (“ARC”) and shall be recorded with the Final Plat. The Guidelines shall govern tree removal on individual lots and open spaces, subject to approval of the ARC. 6. A decorative well house shall be installed over the well head within the general area designated as “100’ well radius” on the Site Plan. The well house shall be designed to incorporate elements of the existing Rigsbee farmhouse located on Highway 54 by utilizing white siding as the primary material on the exterior walls and black accents such door color or light fixture color. A photo of the existing Rigsbee farmhouse is attached hereto as Exhibit A-1. An example of a well house that meets the requirements of this condition is attached as Exhibit A-2. 7. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located on Highway 54 by continuing the white color for the exterior elements. The mail kiosk shall incorporate a weather covering with recessed lighting for a portion of the site and shall include at least two (2) benches and at least one (1) trash can. An example of a mail kiosk that meets the requirements of this condition is attached as Exhibit B. 8. Private trails shall be installed as shown on the Site Plan with precise trail locations to be determined Attachment 7 141