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220 <br /> Attachment 9 <br /> Ordinance#: ORD-2025-031 <br /> AN ORDINANCE AMENDING THE <br /> ORANGE COUNTY ZONING ATLAS <br /> WHEREAS, Orange County has received and processed a petition submitted by Forestar Group, Inc. <br /> (hereafter `the Applicant') seeking to amend the Orange County Zoning Atlas, as established in Section <br /> 1.2 of the Orange County Unified Development Ordinance (UDO), and <br /> WHEREAS, this petition seeks to rezone +/- 61.11 acres (PIN: 9749-42-2010) from R-1 (Rural <br /> Residential) to R-CD (Residential Conditional District) for the purpose of a Conservation Cluster Major <br /> Subdivision; and <br /> WHEREAS, the petition has been submitted with a site plan in accordance with the provisions of <br /> Section 2.9.1 (C) of the UDO; and <br /> WHEREAS, the requirements of Section 2.8 and 2.9 of the UDO have been deemed complete; and <br /> WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to <br /> promote the public health, safety, and general welfare; and <br /> WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the <br /> adopted 2030 Comprehensive Plan and reasonable and in the public interest. <br /> BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning <br /> Atlas is hereby amended to rezone the aforementioned parcel to R-CD (Residential Conditional District), <br /> as detailed within the submitted application. <br /> BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.1 (F) of the UDO the approval of <br /> this Conditional Zoning application is subject to the following mutually agreed to conditions: <br /> 1. The subject property shall be developed generally in accordance with the proposed site plan <br /> submitted as a part of this application ("Site Plan") featuring no more than 43 lots, no less than 25 <br /> acres of dedicated open space and at least 5,600 linear feet of dedicated private trails, all as <br /> described below. <br /> 2. All streets not offered to NCDOT as public streets shall meet the design requirements of Class A <br /> Private Roads, provided that, private street rights-of-way shall permit the encroachment of kiosks, <br /> raingardens, bioretention areas, trails, parking, gathering spaces, play areas and other similar <br /> improvements designed to serve the neighborhood. No such encroachment shall extend into a <br /> Travel-Way, which shall be at least eighteen feet (18') wide and constructed of compacted gravel of <br /> pavement. <br /> 3. The minimum lot size shall be 20,000 square feet. This deviates from the minimum in UDO Section <br /> 3.8. Suitable septic shall be provided on each parcel. <br /> 4. No home shall be constructed on the subject property with more than four (4) bedrooms. <br /> 5. A decorative well house shall be installed over the well head within the general area designated as <br /> 100' well radius" on the Site Plan. The well house shall be designed to incorporate elements of the <br /> existing Rigsbee farmhouse located on Highway 54 by utilizing white siding as the primary material <br /> on the exterior walls and black accents such door color or light fixture color. A photo of the existing <br /> Rigsbee farmhouse is attached hereto as Exhibit A-1. An example of a well house that meets the <br /> requirements of this condition is attached as Exhibit A-2. <br /> 6. The mail kiosk shall be designed to complement the existing Rigsbee farmhouse located on Highway <br /> 54 by continuing the white color for the exterior elements. The mail kiosk shall incorporate a weather <br /> covering with recessed lighting and shall include at least two (2) benches and at least one (1) trash <br /> can. An example of a mail kiosk that meets the requirements of this condition is attached as Exhibit <br /> B. <br />