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Home My WebLink AboutAgenda - 02-02-2010 - 4mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2, 2010 Action Agenda Item No. 4 — rn SUBJECT: Legal Advertisement for Quarterly Public Hearin —February 22, 2010 DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Proposed Legal Advertisement 2. Map Showing Parcel Proposed for Rezoning at 3300 NC 54 West 3. Map of Upper Eno Watershed INFORMATION CONTACT: Craig Benedict, Planning Director, 245-2592 Perdita Holtz, Planning Systems Coordinator, 245 -2611 PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of County Commissioners /Planning Board Quarterly Public Hearing scheduled for February 22, 2010. BACKGROUND: The Board of County Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. The following items are proposed for consideration at the February 22, 2010 Quarterly Public Hearing: 1. Rezoning — 3300 NC 54 West (Applicant: Vernon Davis) 2. Comprehensive Plan — Land Use Element Text and Map Amendment and Zoning Ordinance and Atlas Amendment related to Watershed Critical Areas (Applicant: Orange County Government) The attached legal advertisement (Attachment 1) provides additional information regarding these proposals. The map in Attachment 2 shows the location of the parcel proposed for rezoning at 3300 NC 54 West. Planning staff explained the need to readdress watershed critical area boundaries in 2007 and more recently on October 13, 2009 at a BOCC work session. The BOCC authorized staff to proceed with amendments and coordinate with ERCD (Environment and Resource Conservation Department) for areas around the Seven Mile Creek natural area. There are a total of three Water Supply Watersheds in Orange County to which Watershed Critical Area designations apply: Upper Eno, Cane Creek, and University Lake. Because of the number of parcels involved in each watershed and the number of mailed property owner notifications required, staff is suggesting the amended definitions and criteria be applied to one watershed at a time. Staff is suggesting that the Upper Eno watershed be addressed first since it is the impetus for the proposed changes and the adopted Efland- Mebane Small Area Plan recommended the Critical Area line be reevaluated in the vicinity of Seven Mile Creek. Cane W Creek and University Lake watershed amendments will be brought forward later this year. For informational purposes, Attachment 3 shows the location of the Upper Eno watershed and the existing protection (i.e., "critical area" and "protected area ") boundaries. These Watershed Critical Area amendments are necessary and suggested by the Comprehensive Plan to protect water supplies, match resources with growth patterns, implement recommendations of small area plans, and use best available technology and clearly written definitions /criteria to promote transparency. Public Information Meetinq Planning staff will hold a Public Information Meeting on February 17, 2010 to provide an opportunity for citizens to learn more about the proposed Watershed Critical Area changes and speak with Planning staff in an informal setting prior to the public hearing. Information regarding the Public Information Meeting is included in the legal advertisement and will also be included in the notification letters that will be mailed to affected property owners and property owners within 500 feet of affected property (as required by the Orange County Zoning Ordinance). Additionally, a website will soon be available to provide interested persons with information regarding the proposed changes. FINANCIAL IMPACT: Other than advertising and mailing costs, which are included in the FY 2009 -10 Budget, there are no direct financial impacts associated with the approval of this item. The Comprehensive Plan map and Zoning Atlas changes regarding the Upper Eno watershed will require the mailing of approximately 750 notices (letters) to affected property owners and an additional 1,300 notices (large postcards) to property owners within 500 -feet of affected property. Postage and supply costs for the mailed notifications will be approximately $1,300. Existing Planning staff will complete the work associated with the items proposed for the February 22 Quarterly Public hearing. RECOMMENDATION(S): The Manager recommends the Board approve the proposed February 22, 2010 Quarterly Public Hearing legal advertisement. Attachment 1 3 NOTICE OF JOINT PUBLIC HEARING and PUBLIC INFORMATION MEETING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held at the Central Orange Senior Center, 103 Meadowlands Drive, Hillsborough, North Carolina, on Monday, February 22, 2010, at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. PUBLIC HEARING ITEMS 1. REZONING of a parcel of property at 3300 NC 54 West (TMBL 6.3013..8 / PIN 9749- 50 -0366) from Rural Residential One (R -1) to Neighborhood Commercial Two (NC- 2). The property owner, Mr. Vernon Davis, has initiated this request. The 1.98 acre parcel of property is currently split zoned, with approximately 43,400 square feet of the property zoned R -1 and the remaining portion Zoned NC -2. There is an existing structure on the commercially zoned portion of property that is used to support a general retail operation. The septic system supporting the existing commercial operation is located on the portion of property that is currently zoned residential. Mr. Davis is concerned about his continued ability to have a septic system supporting his commercial operation located on the residentially zoned portion of property and is seeking to rectify the problem. Purpose: To receive citizen comment on the rezoning request. 2. Zoning Ordinance and Atlas Amendment and Comprehensive Plan — Land Use Element Text and Map Amendment: Amendments have been proposed to Section 4.2.27 (Watershed Protection Overlay Districts) and Article 22 (Definitions) of the Zoning Ordinance. The purpose of the amendments is to: A. Revise the Watershed Protection Overlay Districts pertaining to "Critical Area." B. Revise and add definitions pertaining to watersheds, critical area, and water supply reservoirs. C. Use best available technology to map written descriptions of Watershed Critical Areas. D. Correct general typographical errors in Section 4.2.27. The proposed revised criteria in Section 4.2.27 will change existing boundaries of Critical Areas in water supply watersheds. At this time, the revised criteria is proposed to be applied to the Upper Eno watershed. Application of the revised criteria to other water supply watersheds (Cane Creek and University Lake) is proposed to occur at a later date. The official Zoning Atlas and Comprehensive Plan Land Use Element Map are proposed to be amended to reflect the new overlay district boundaries in the Upper Eno watershed. 4 Additionally, a Text Amendment to Chapter 5.• Land Use Element of the Orange County 2030 Comprehensive Plan is proposed to revise existing Conservation Land Use Categories and add additional Categories/Definitions to be consistent with the changes proposed for water supply watersheds, reservoirs, and critical area in the Zoning Ordinance. Purpose: To receive citizen comment on the proposed amendments to the Zoning Ordinance and Atlas and Comprehensive Plan Text and Land Use Element Map. Accommodations for individuals with physical disabilities can be provided if the request is made to the Director of Planning at least 48 hours prior to the Public Hearing by calling the one of the phone numbers below. The full text of the changes may be obtained after February 12, 2010 from the Planning Department. The text may also be obtained at the County website www.co.orange.nc.us at the Meeting Agendas link prior to the meeting. Additionally, a website containing information about the proposed Watershed Critical Area changes has been developed; the address is: http: //www.co. orange. nc. us / planning /CriticalAreaAmendments.asp Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 200, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245 -2575 or 245 -2585 and you will be directed to a staff member who will answer your questions. PUBLIC INFORMATION MEETING An "open house" style Public Information Meeting will be held on Wednesday, February 17, 2010 to provide interested persons the opportunity to speak with Planning staff members in an informal setting about the proposal to amend the Upper Eno Watershed Critical Area boundary. The Public Information Meeting will be held in the new County Office Building at 131 West Margaret Lane in Hillsborough in the Lower Level Conference Room from 4:30 to 6:30 p.m. A presentation will be made at 5:30. PUBLISH: News of Orange Chapel Hill Herald February 10, 2010 February 10, 2010 February 17, 2010 February 17, 2010 Ow (TMBI 6 eUb, je ct p p7e gY P N 30 o8 n g d g_$ Davis I 9-0 366) This portion of RU Residential 0 Per(y is current) ne guesting that is fR'1�• Mr. Y zoned Commercial Two be rezoned to Davis is fNG 2j Neighborhood 0 �14O 1 +nc h ° 125.54 f f P 974 • " T_M � 9-50-0366 6. •. 1 U Per ��,�- Ana ters Attachrn er ��Ul•I:GUGti R � 4 m g I n PZ b Legend Watersu pplY Watersheds: coRNeii s sr ti.. y v Protected,graa z . Unprotected 4,,, W KING97 o sr Critical Area River Basin B Streams °undary Municipal Jurisdictions o� 0 C.M 2 Inch = 1.5 Miles ? miles I man Siam C e�cnon�f�rc��008 �' I• �, Datufi. Nwtrya q n -rtcanf jgB3 ° (f.)