Current Interest Projects

Class B Special Use Permit - Camp Chestnut Ridge 


 Special Use Permit - Class 2 Kennel


Orange County is in receipt of a Class B Special Use Permit (SUP) proposing the development of a Class 2 Kennel operation on an approximately 5 acre parcel of property off of NC Highway 86 in the Chapel Hill Township of Orange County.  The property, further identified by Orange County Property Identification Number (PIN) 9881-02-5110, is zoned Rural Buffer (RB).  

The request involves the development of a 2-story building to house a kennel facility allowing for the boarding of approximately 88 animals according to the submitted site plan.  The facility, as designed, will also offer grooming/medical services and an indoor exercise area for the animals in their care.  The primary use of the facility, according to the applicant, will be the boarding/care of animals.

Per Article 10 Definitions of the Orange County Unified Development Ordinance (UDO) a Class 2 Kennel is defined as:

An establishment involving animals of any species, excluding domesticated livestock, engaged in any of the following: 

       a) The owning or keeping, for any purpose, of 20 or more animals 

       b) The selling and/or training of guard dogs or security dogs 

       c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or rehabilitation. 

The operator of a Kennel (Class II) shall be allowed to reside on the property to ensure the continuous care of the animals kept on-site.

Section 5.2 Table of Permitted Uses of the UDO indicates a Class 2 Kennel is a permitted use in RB zoning district subject to the review and approval of the a Class B SUP by the Orange County Board of Adjustment.  

The site plan can be accessed here: Site Plan


Settlers Point


Settlers Point is a Master Plan Conditional Zoning District (MPD-CZ) approved by the Board of County Commissioners (BOCC) at its January 23, 2018 regular meeting.  Minutes from this meeting can be accessed at the following link: http://server3.co.orange.nc.us:8088/WebLink8/DocView.aspx?id=49911&dbid=0

The application involved the rezoning of approximately 195 acres of property:

From: Economic Development Hillsborough Limited Office (EDH-2) ; 
Economic Development Hillsborough Office/Retail (EDH-4) ; 
Economic Development Hillsborough Research and Manufacturing (EDH-5) ; 
Rural Residential (R-1) ; 
Major Transportation Corridor (MTC) Overlay District.

To: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point ; 
Major Transportation Corridor (MTC) Overlay District.

for a mixed use development proposing two development areas further identified as follows:

1. District 1 Light Industrial/Manufacturing and Research – The district is located west of Old NC 86 accessed via Service Road and south of Interstate 40 intended to provide for light industrial/manufacturing and research operations. 

The District is approximately 148 acres in area involving 2 parcels of property (PINs 9863-71-8857 and 9863-91-6573) and is depicted within the submitted application narrative as follows:

Map

2. District 2 Commercial – The district is located within the central most portion of the property, along    Interstate 40 intended to provide for high intensity office uses, retail, and services.

 The District is approximately 47 acres in area involving 8 parcels of property (PINs 9873-11-4636, 9873-11-5415, 9873-11-7506, 9873-11-9450, 9873-11-7247, 9873-10-7937, 9873-20-2388, and 9873-10-4310) and is depicted within the submitted application narrative as follows:

Map

Originally there was a third district planned, south of District 2.  This District was eliminated from the proposal at the request of the applicant.

Agenda materials from this meeting can be accessed utilizing the following link: http://www4.orangecountync.gov/weblink/0/doc/49647/Page1.aspx.   Agenda materials for the public hearing, held on November 14, 2017, where review of the project began can be accessed utilizing the following link: http://server3.co.orange.nc.us:8088/WebLink8/0/doc/49440/Page1.aspx

The County’s approval of the project does not mean a developer can commence land disturbing activity immediately.  The approval merely rezoned the property to a new Master Plan Development Conditional Zoning district designation and established additional development requirements/conditions for the project.  Individual development(s) will have to obtain site plan approval by County Planning staff in accordance with the Unified Development Ordinance and applicable conditions imposed by the BOCC as part of the January 23, 2018 approval.

Relevant document(s)


Final Draft Amendments to the Table of Permitted Uses


The County Planning staff has initiated amendment(s) to the Orange County Unified Development Ordinance (UDO) updating and modifying the table of permitted land uses as contained in Section(s) 5.2.1, 5.2.2, and 5.2.3 of the UDO.

The project, authorized by the Board of County Commissioners in 2016, is intended to address a myriad of different concerns ranging from:

A desire to eliminate multiple tables outlining what uses are and are not permitted for development within Orange County and rely on 1 central permitted use list;

  • Concerns the current tables are too confusing, are not user friendly, and do not provide sufficient detail on required review processes for given land uses;
  • Expand allowable land uses within the County’s economic development districts;
  • A 2015 State Supreme Court decision, specifically Byrd versus Franklin County, where the court rejected arguments that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same.  In rendering this decision the Court stated: ‘…. law favors uninhibited free use of private property over government restrictions’.  Part of this amendment is to ensure we are properly identifying allowable and prohibited land uses within Orange County.  A copy of the Court’s ruling in the Franklin County case can be viewed at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680

 The amendment is intended to:

a.  Collapse existing tables in Section(s) 5.2.1 through 5.2.3 (i.e. general use, EDD general use, and Conditional Zoning) into a centralized table,

b.  Clarify the list of non-residential and residential land uses permitted/prohibited within Orange County,

c.  Incorporate amendments associated with the Hillsborough Economic Development District originally reviewed by the Board of County Commissioners at its September 12, 2016 quarterly public hearing, and

d.  Update Article(s) 5 Uses and 10 Definitions as necessary to reflect proposed modifications as necessary.

 
Staff had originally held 2 open house meetings last summer to review proposed changes.  Staff has also meet on several occasions with the Planning Board to review and discuss modifications to the tables as part of this project.

The liked material represents the final draft version of our proposed changes.

Staff will hold open house meetings to review changes on:

  1.   Tuesday August 21, 2018 from 5:00 p.m. to 7:00 p.m.,
  2.   Thursday August 23, 2018 from 5:00 p.m. to 7:00 p.m., and
  3.   Monday August 27, 2018 from 5:00 p.m. to 7:00 p.m.

 All open house meetings will be held within the main conference room (Room 004) located within the basement of the West Campus Office Building at 131 West Margaret lane in downtown Hillsborough.  Parking is available in the adjacent parking deck.

A copy of the document can be viewed here: Table of Permitted Uses

If you require additional assistance, or have questions, please contact staff at (919) 245-2575.


Wild Flora Farm / Barn of Chapel Hill


  • On Oct. 13, 2017, Orange County Planning issued a final determination on the status of the Wild Flora Farm. Below are links to relevant documents, including the determination letter to the property owners. All documents are saved as PDFs.
  • February 16, 2018 Public Records Request – Barn of Chapel Hill:  County staff received a public records request concerning an appeal application for the Barn of Chapel Hill located at 7316 Morrow Mill Road (PIN 9729-50-7168).  The appeal application involves the final determination of the Planning Director, as articulated in an October 13, 2017 letter, concerning the aforementioned parcel of property located at the intersection of Morrow Mill and Millikan Roads owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora Farm) care of Ms. Kara Brewer.  The review of this item includes the Board reviewing/acting on a request from the applicant to issue subpoenas compelling the submittal of information deemed essential to the proceeding.    The following represents the County’s response to this request.  Please note it does not contain the staff prepared abstract for the Board of Adjustment, which has not been completed as of March 5, 2018.  This item will be posted on the Orange County website, under the Board of Adjustment tab on the Planning Department webpage, once completed.
  • Appeal of subpoenas issues by the Board of Adjustment – Late on July 5, 2018 County staff was notified, via e-mail, the Board of Adjustment’s decision to issue subpoenas for information concerning the Barn of Chapel Hill had been appealed to Superior Court.

  • Subpoena Response

  • Motion to Quash and Modify

    • Background:  At its May 7, 2018 regular meeting the Board of Adjustment began review of an appeal involving a determination made by the Orange County Planning Department concerning the Barn of Chapel Hill Property.  This appeal included requests, submitted by the applicant’s attorney, that the Board issue subpoenas to the following entities:
1.        Southeast Property Group, LLC,
2.        Wild Flora Farms, LLC,
3.        The Barn of Chapel Hill, LLC,
4.        Kara Brewer a/k/a Kara M. Brewer, and
5.        Chris Brewer

requesting information submitted/caused to be submitted to the North Carolina Department of Revenue and/or to Orange County regarding alleged eligibility/compliance with the provisions of N.C.G.S. 153-340, 105-164.13E(a), 105-277.3. 
A copy of the issued subpoenas can be access here: Subpoenas

  • As a reminder the appeal is related to an October 12, 2017 determination made by staff a structure located on the aforementioned property is classified as a bona fide farm purpose pursuant to the provisions of NCGS 153A-340 (b) (2a) and is not subject to the land use regulations as embodied within the Orange County Unified Development Ordinance (UDO).
  • The Board issued the requested subpoenas and asked for all requested documents be submitted at the July 9, 2018 regular meeting.  The Board of Adjustment is scheduled to continue the hearing at its August 13, 2018 regular meeting.

  • As indicated this decision (i.e. to issue the subpoenas) has been appealed to Orange County Superior Court.  Please note County staff has no involvement with the review of this request through the court system and cannot offer updates on when said appeal will be heard or acted upon.  Additional information shall be posted when it becomes available.

  • Public Statement on Wild Flora Farm LLC / Southeast Property Group LLC continued enforcement efforts


Holly Creek Lane - Operation of a Recreational Facility


  • County staff received a public records request concerning the on-going review of the purported operation of a Recreational Facility, specifically a cricket league.  The parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9758-52-5171, is an approximately 16 acre parcel of property located at the intersection of Old Greensboro Highway and Holly Creek lane within the Bingham Township of Orange County. 
  • The use of a parcel of property for personal recreational activities is not prohibited.  In those instances where a recreational land use is open to members of the general public for some form of compensation, a Class B Special Use Permit is required allowing for the activity to occur in accordance with the provisions of the Orange County Unified Development Ordinance (UDO). 
  • Staff determined in the fall of 2017 a Class B Special Use Permit (hereafter ‘SUP’) would be required to allow for cricket events to occur on the property as these events were part of a formal league operating within the area.  The property owner has been in contact with staff on the possible appeal of this determination as well as requesting information on the submittal and processing of a SUP application allowing for the cricket matches, connected to a league, to continue from the property.  The file (171 pages) represents all correspondence on this matter.  As of April 2, 2018 no appeal or SUP application have been submitted to the County for processing.


NC-54 Corridor


  • The NC-54 corridor between Old Fayetteville Road in Carrboro and I-85 in Graham is currently being studied. This is being conducted through a cooperative, comprehensive and continuing transportation planning process involving multiple agencies some of which include:
    • North Carolina Department of Transportation
    • Durham-Chapel Hill-Carrboro Metropolitan Planning Organization
    • Triangle Area Regional Planning Organization
    • Orange County
    • Alamance County
    • City of Graham
    • Town of Carrboro
  • Join in the planning for this important regional corridor at http://www.nc54west.com/
  • Newsletter


Greene Tract Conceptual Plans


  • The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by Orange County, Chapel Hill, and Carrboro and 60 acres owned by Orange County (Headwaters Preserve).  Last year, local governments agreed to have the mayors and chair consider preservation and development options for the Greene Tract. In addition, staff  was requested to examine the  potential reconfiguration of the joint owned and county owned tracts. The purpose of this request was to determine the feasibility in adopting a revised resolution supporting the reconfiguration of these tracts.
  • The proposed reconfigured headwaters preserve area and modified headwaters preserve alternatives were presented to elected officials at the January 30 Assembly of Governments meeting and the February 20 Orange County Board of Commissioners meeting.