HomeMy WebLinkAboutAgenda - 12-13-2011 - 7aORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2011
Action Agenda
Item No. ~ - ~
SUBJECT: Orange-Alamance Boundary Land Use and Zoning Atlas Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N)
ATTACHMENT(S):
1. Zoning Atlas/Land Use Element Map
Amendment Outline Form (CP 2011-01)
2. Session Law 2011-88
3. Current/Proposed Land Use Element Map
4. Resolution Amending Comprehensive
Plan Land Use Element
5. Ordinance Amending Zoning Atlas
INFORMATION CONTACT:
Jennifer Leaf, Planner I 245-2599
Rebecca Samy, Planner Tech 245-2598
Michael D. Harvey, Planner III 245-2597
Craig Benedict, Director 245-2575
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on a Planning Director initiated amendment to the Orange County 2030
Comprehensive Plan Land Use Element Map and the Zoning Atlas to establish zoning and land
use categories for lots being located within Orange County's planning jurisdiction in conjunction
with the formalization of the Orange-Alamance county line.
BACKGROUND: Please refer to Section B of Attachment 1.
Planning Director's Recommendation: The Planning Director recommends approval of the
amendment(s). Please refer to Section B.2 of Attachment 1 for additional information.
Planning Board Recommendation: Staff will present the Planning Board recommendation at the
meeting.
FINANCIAL IMPACT: See Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board recommendation,
2. If necessary, deliberate further on the application,
3. Close the public hearing, and
4. Approve the Resolution and Ordinance contained within Attachment(s) 4 and 5 amending
the Comprehensive Plan Land Use Element Map and Zoning Atlas.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE
(UDO)AMENDMENTOUTLINE
CP ~ Zoning 2011-01
Quarterly Public Hearing:
November 21, 201'F
Orange -Alamance Boundary Land Use and Zoning Amendments
__
-- A. AMENDMENT TYPE
Map Amendments
® Land Use Element Map:
From:
To: Agricultural Residential
® Zoning Map:
From:-
To: AR (Agricultural Residential)
® Other: This is a comprehensive plan and zoning map amendment to designate
comprehensive land uses and zoning to approximately 65 parcels north
of Mebane that will be wholly or partially located in within Orange
County as a result of the changes to the Orange-Alamance County Line.
Text Amendments
^ Comprehensive Plan Text:
Section(s): N/A
^ Other: N/A
B. RATIONALE
1. Purpose/Mission
The purpose of this amendment is to establish land use and zoning categories for 65
properties, totaling approximately 221 acres, along the Orange-Alamance county Ime
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north of Mebane that are .either partially zoned or un-zoned as a result of the Orange-
Alamance County Line Adjustment project consistent with Session Law 2011-88
(commonly referred to as the `91 % line') enacted by the North Carolina General
Assembly on May 25, 2011.
The following properties, identified utilizing Parcel Identification Numbers (PIN) data
provided by the Orange County Tax Administration department, are subject to this
request:
1. 9826347879 22. 9827354095 45. 9828399459
2. 9826373757 23. 9827355439 46. 9828402844
3. 9826375889 24. 9827356415 47. 9828411717
- ----4:-- -982637854-5 -- - - -----25. - -9827357752-- -- - -- -48~ -9828430893
5. 9826378798 26. 9827358110 49. 9828436064
6. 9826378971 27. 9827358420 50. 9828442910
7. 9826386082 28. 9827365220 51. 9828452362
8. 9826389107 29. 9827377268 52. 9828463147
9. 9826393286 30. 9827384882 53. 9828471025
10. 9826393588 31. 9827396663 54. 9828484689
11. 9826393886 32. 9827398433 55. 9829348662
12. 9826397555 33. 9827458805 56. 9829359366
13. 9826492332 34. .9827460811 57. 9829359453
14. 9827307336 35. 9827465552 58. 9829386180
15. 9827307785 36. 9827473993 59. 9829418268
16. 9827316804 37. 9827490851 60. 9829436540
17. 9827318636 38. 9828316837 61. 9829442927-
19. 9827326110 39. 9828329329 62. 9829461568
29. 9827334051 40. 9828378975 63. 9829471927
20. 9827338118 41. 9828387036 64. 9829520667
21. 9827348764 42. 9828387186 65. 9829575939
43. 9828395332
44. 9828398016
In some cases there are properties that were never in Orange County and do not
have land use or zoning. In others there are properties that were split by the county
line and only partially had land use or zoning designations.
In accordance with the provisions of Section 2.8: Zoning Atlas and Unified
Development Ordinance Amendments and Section 2.3: Comprehensive Plan
Amendments of the Orange County Unified Development Ordinance (UDO), the
Planning Director has initiated an amendment to the Land Use Element Map, located
within Chapter 5: Land Use Element of the Comprehensive Plan, and the Orange
County Zoning Atlas
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2. Analysis
As required under Section 2.3.9 of the Orange County Unified Development
Ordinance, the Planning Director is required to: `cause an analysis to be made of the
application and, based upon that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of County Commissioners'. In
analyzing this proposal, the following information is offered:
1. The adjacent and eastern area in question is predominately zoned
Agricultural Residential (AR) and is located within the Agricultural
Residential Land Use Category as detailed within the
Comprehensive Plan,
2. Field inspections have been conducted by staff verifying that there
_ do not appear to be any existing land-uses inconsistent with the
aforementioned zoning or land use categories. In one instance,
staff determined there is a private recreational facility (i.e. a
swimming pool) for members use only on a parcel slated for
inclusion within the County's planning jurisdiction. Staff has
determined that the use of .property closely resembles a
Recreational Facility, Non-profit, as defined within the UDO, which
is a permitted use of property within the AR zoning district subject
to the issuance of a Class B Special Use Permit. Given the
wording to Section 8.6 of the UDO, the use will be considered a
conforming use of property.
3. Staff did not find any non-residential land uses on property that
could qualify for zoning as Existing Commercial Five (EC-5) as
detailed within Section 3.4 of the UDO.
In order to be consistent with the existing development patterns in the area, staff is
recommending that all subject properties be zoned AR and assigned the Agricultural
Residential Land Use Category consistent with the provisions of the Comprehensive
Plan and Land Use Element Map.
During the public hearing, 2 citizens spoke concerning the relocated Orange-
Alamance County line. Both individuals indicated confusion over the actual location
of the adopted Fine and how it impacted their property. As staff explained during the
hearing, issues related to the location of the line had been resolved with the approval
of Session Law 2011-88 in May of 2011. This specific item could not be a forum for
local property owners to continue to debate the location of the line or request that
their property be moved into either Orange or Alamance County.
The Planning Director recommends approval of the proposed amendments as
detailed herein. _ _ . _
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3. Comprehensive Plan Linkage (i a Principles, Goals and Objectives)
This project is a house keeping item necessitated by the change in the Orange-
Alamance County line location, incorporating properties formally located in Alamance
County or portions of properties located in Orange and Alamance.
In analyzing this proposal, the following Comprehensive Plan goals are offered
justifying the request:
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
--o ~ectives--------- -- --------- -
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.
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.
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 systems.
4. New Statutes and Rules
Session Law 2011-88 Senate Bill 201 (AKA the 91% Bill):
"An act to establish the common boundary between Alamance County and Orange
County subsequent to the 2010/2011 resurveys of the transitioned properties; as
authorized by the North Carolina General Assembly by Session Law 2010-61
enabling the changes in the historic Orange County/Alamance County boundary line
as described in the 1849 Survey establishing Alamance County, and to amend some
sections of Session Law 2010-61."
It should be remembered that this proposal only addresses the zoning and land use
categories for the properties that fall within the 91 % of the revised boundary line
mutually agreed to by Orange and Alamance counties. The remaining properties
composing the 9% of boundary line still under review will be addressed at a future
date.
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C. PROCESS
__a. ~mer_. ------ - -------- - --- -- - - -
2. PUBLIC INVOLVEMENT PROGRAM
__
Mission/Scope: Public Hearing process consistent with NC State Statutes an
Orange County ordinance requirements. Additionally, staff will hold one open hose on
November 7, 2011 prior to the public hearing.
_, a. Planning Board Review:
December 7, 2011. Staff will present the Planning Board recommendation to the
BOCC during the December 13, 2011 regular_meeting. ___ _
b. Advisory Boards:
N/A
c. Local Government Review:
Alamance County: November 7, 2011
City of Mebane: November 9, 2011
d. Notice Requirements
Process consistent with NC State Statutes and Orange County ordinance
requirements.
e. Outreach:
® General Public: On November 4,2011 notification letters were sent via first
class mail to impacted property owners informing them of
the quarterly public hearing in accordance with Section
2.8.7 of the UDO.
Postcards sent to all property owners within 500 feet of
those parcels subject to the rezoning informing them of the
public hearing m accordance with Section 2 8.7 of the UDO.
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Staff posted signs on impacted property advertising the
date, time, location, and purpose of the November 21, 2011
quarterly public hearing in accordance with Section 2.8.7 of '.
the UDO
Open House: An open house was held on November 7,
2011 to allow impacted property owners to review staff's
recommendation(s). No citizens attended the meeting.
^ Small Area Plan Workgroup
^ ._Other. _-------...._.__.__. _.. -- - - ....
-- --- -3--FISCAL- IMPACT --- -------- - -- - -- --- ----
Expenditures for this project will be paid using Departmental funds budgeted for the
specific activity. Expenditures included:
• Legal Ad
• Signs
• Notification letters and postcards (postage. and supplies)
Existing Planning staff included in the Departmental staffing budget will accomplish
the work required to process this amendment. .. ,
D. AMENDMENT IMPLICATIONS
.._. _ . _
Properties affected will now be subject to land use designations and zoning where there
was no land use designation or zoning before _in_Alamance_County. _ ___ __ _ ___ _..._. ___._
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachments 4 and 5 of the December 13, 2011 BOCC meeting abstract
for additional information.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@co.orange.nc.us
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-88
SENATE BILL 201
Attachment 2
AN ACT TO ESTABLISH THE COMMON BOUNDARY BETWEEN ALAMANCE
COUNTY AND ORANGE COUNTY SUBSEQUENT TO THE 2010/2011 RESURVEYS
OF THE TRANSITIONED PROPERTIES, AS AUTHORIZED BY THE NORTH
CAROLINA GENERAL ASSEMBLY BY SESSION LAW 2010-61 ENABLING THE
CHANGES IN THE HISTORIC ORANGE COUNTY/ALAMANCE COUNTY
_ _ _ _ __ _ _ BOUNDARY_ LINE_ AS_ DESCRIBED__IN_ "THE 1.,849 _SURVEY_ESTABLISHING _ __ _ __
ALAMANCE COUNTY, AND TO AMEND SOME SECTIONS OF SESSION LAW
2010-61.
The General Assembly of North Carolina enacts:
SECTION 1. The historic boundary line forming Alamance County from Orange
County was described and surveyed in 1849. In the subsequent 160 years, this line became
uncertain, resulting in unintentional modifications to the boundary line affecting taxation,
school attendance, zoning maps, and elections within and among Alamance County, Orange
County, and the Town of Mebane, North Carolina. Pursuant to G.S. 153A-18, entitled
"Uncertain or Disputed Boundary," both county commissions passed resolutions (Alamance
County, December 17, 2007, and Orange County, January 18, 2008) to request that North
Carolina Geodetic Survey (NCGS) perform a preliminary resurvey_and present a proposed map
for consideration by both counties.
SECTION 2. The Alamance County Board of Commissioners agreed by vote on
Apri121, 2008, and Orange County on May 20, 2008, to approve authorizing NCGS to conduct
the preliminary survey and the placing of monuments by NCGS consistent with their research
to form a boundary baseline. On July 8, 2010, the North Carolina General Assembly enacted
S.L. 2010-61, which enabled Alamance County and Orange County to transition properties
between the two counties for the purpose of recommending to the North Carolina General
Assembly a mutually agreed upon boundary line between the two counties.
SECTION 3. Section 3 of S.L. 2010-61 reads as rewritten:
"SECTION 3. In the 160 years since the initial survey of the Alamance County/Orange
County boundary line, Alamance and Orange Counties have entered into multiple taxing
agreements that have resulted in properties being taxed in one county by the adjoining county.
Other situations have arisen in which children of one county attend school in the adjoining
county and voters in one county have voted in the adjoining county. The General Assembly
recognizes the difficulties in addressing these issues and authorizes .Alamance County and
Orange County to maintain the current taxing, elections, education, and any other recognized
government functions in place until July 1, 284 2012."
SECTION 4. Section 4 of S.L. 2010-61 reads as rewritten:
"SECTION 4.(a) on--~.n'}d- fl' T~t17 '~~ni i ..ii a a„ o.,~~ ..a .,~±..,,~,~
RITG~-T , LCT , ...~' ~
Except as otherwise provided in this act on and after January 1 2012 all pavers documents, .
i10101119lI
and instruments required or permitted to be filed or registered involving residents and prop
in areas affected by the resurvey of the boundary line, that previously may have been recorded
in the adjoining counties shall be recorded in the county to which the property has been
reassigned by this act.
"SECTION 4.(b) .All public records related to residents and property located in areas
affected by the resurvey of the boundary line that were filed or recorded prior to July 1, 2011,
in the adjoining counties shall remain in those respective adjoining counties where filed or
recorded, and such records shall be valid public records as to the property and persons
involved, even though they are recorded in an adjoining county which is a county where the
property is no longer located as evidenced by the 2008 North Carolina Geodetic Survey and the
subsequent partial resurvey pursuant to Section 7 of this act.
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Page 2 Session Law 2011-88 Senate Bill 201*
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"SECTION 4 (c) On and after January 1 2012 all real and personal property in areas
affected b~ the resurvey of the boundary line which was subiect to ad valorem taxation on
January 1 2012 shall be subiect to ad valorem taxes in the county to which the property >s
reassigned for the fiscal year be ig nnin~ July 1 2012 to the same extent as it would have been
had it been correctly recognized by the tax departments of each county on March 1, 2012,
except as hereinafter provided with respect to classified registered motor vehicles. On July 1,
2011 the adjoining county tax administrators shall transfer to the respective county tax
assessors the ad valorem tax listings and valuations for all real and personal property subiect to
ad valorem taxation in areas affected by the resurvey of the boundary line except class>fied
motor vehicles which were registered in the adioinins; counties prior to July 1 2011. For the
Senate Bi1120.1* Session Law 2011-88 Page 3
11
fiscal near which be ins July 1 2011 all real and personal property in areas affected by the
resurvey of the boundary line which was subject to ad valorem taxation in that area on January
1, 2012, shall be assessed and taxed as follows:
(~ The ad valorem property taxes assessed on all classified registered motor
vehicles registered or listed in adjoining counties between January 1, 2011,
and March 1 2012 shall be collected b t~ppropriate adjoinin county
tax collector and all such taxes shall be retained by that adjoining county.
The taxes on all classified registered motor vehicles registered after March 1,
2012, shall be assessed and collected b~ the county tax department in the
county to which the real property wherein the classified registered motor
vehicles are situated has been reassigned.
(2 The values established by the particular ad'ot inin cg_ounty tax administrator
on all personal property other than classified registered motor vehicles shall
- --- - - - - be used-by each county-tax-assessor-without-adjustment-in-computing taxes-
due for the fiscal near be inning July 1, 2012. All such taxes shall be
- assessed and collected by the appropriate county tax department.
(~ For the interim time period between the reassignment of properties into their
respective counties and until such time as the next re ug larly scheduled
revaluation~eriod Alamance County and Orange Coun may select either
of two methods of valuating the grope reassigned into their respective
counties by this act. The selection of either method by a county shall not
ive any individual or entity grounds for challen ins such temporary
valuation. Such methods are delineated as follows:
a. The values established by the adjoining county tax administrators on
all real property formerly taxed in their county shall be adjusted by
the appropriate county tax assessor by apple the difference
between one hundred percent (100%) of such values and the
appropriate county median ratio as established by the Sales
Assessment Ratio Study compiled by the North Carolina Department
of Revenue as of January 1 2009. The taxes determined b~pplyin~
this method will be collected and retained by the appropriate county
tax collector The value of such property shall then be revalued
according_ to the regularly scheduled revaluation period for each
coup
b. The values established by the adjoinin cg_ounty tax administrators on
all real property formerly taxed in their county shall be adopted by
the appropriate county tax assessor upon the transition of property to
the adioining_county. The valuation of such property shall then be
revalued according to the regularly scheduled revaluation period for
each county.
(~ Be~innin Jg anuary 1 2013 all property in areas affected by the resurvey of
the boundaryline which is subject to ad valorem taxation, shall be listed,
assessed and taxed by the appropriate county tax administrator in the same
manner as is prescribed by law for all other property located within each
Coun .
(~ The final tax values of property subject to ad valorem taxation in areas
affected by the resurvey of the boundary line as of January 1 2013 shall be
- determined by the adjoining county tax administrator. Appeals to the North
Tax Commission or to the courts by property owners of
Carolina Property
_
properties affected by the boundary line change shall be defended by both
Page 4 Session Law 2011-88 Senate Bill 201*
12
counties and both counties shall be responsible for their costs and expenses,
includin ag ttorneys' fees incurred in connection with such appeals.
Anv unpaid taxes or tax liens for the fiscal year ending June 30, 2012, or for
prior years on property subject to taxation in areas affected by the resurvey
of the boundary line shall continue to be valid and enforceable by the
respective adioinin cg_ ounty including the foreclosure remedies provided for
in G.S. 105-374 and G.S. 105-375 and the remedies of attachment and
garnishment provided for in G S 105-366 through G.S. 105-368. The
Alamance County and Orange County Tax Administrators shall supply one
another with a list of unpaid taxes for properties in areas of the boundary line
affected by the resurveys for the tax year 2011 on or before July 1, 2012.
Anv such taxes collected by either county shall be promptly paid to the
appropriate adjoining county including accrued interest. The provisions of
-- G S 1 OS-352(4) -shall-not apply-to-(i-Zthose-areas- in-the-adjoining-county- - -- -
previously taxed by either county outside the areas affected by the resurvey
of the boundary line that shall forthwith be~roperly listed -and taxed in the
county to which they have been reassigned by this act and (ii) those areas
within each county that were in the past improperly listed and taxed by the
adjoining counties due to uncertainty as to the exact location of the true
historic Alamance County/Orange County boundary line.
"SECTION 4.(d) No cause of action, including criminal actions, involving persons or
property located in areas affected by the resurvey of the boundary line that is pending on July 1,
2~~2012, shall be abated, and such actions shall continue in the appropriate adjoining
county. In no event shall a defense to a criminal act be maintained where such defense alleges a
lack of jurisdiction due to any act or failure to act related to the adjustment of the boundary line
by this act regardless of when such criminal act is alleged to have been committed.
"SECTION 4.(e) The board of elections of each adjoining county shall, effective July 1,
~- 2012, transfer the voter registration records pertaining to persons residing in areas
affected by the resurvey of the boundary line and located in either county to the adjoining
county's board of elections, and thereafter the registered voters so transferred shall be validly
registered to vote in that adjoining county.
"SECTION 4.(t) The Jury Commission of each adjoining county shall revise its jury lists
to add to or eliminate therefrom those persons subject to jury duty who reside in areas affected
by the resurvey of the boundary line, said revised jury lists to be effective July 1, ~-1-2012.
"SECTION 4.(g) The areas affected by the resurvey of the boundary line and located in
each county shall be transferred into the appropriate superior court district, district court
district, and prosecutorial district. The areas affected by the resurvey of the boundary line shall
remain in the same congressional district, the same State House of Representatives district, and
the same State Senate district.
"SECTION 4.(h) Any cause of action relating to taxation as it is currently exercised by the
counties along or near the Alamance County/Orange County boundary, or any other cause of
action related in any way to the Alamance County/Orange County boundary or properties
affected by changes in the boundary, is stayed, and no new cause of action relating to these
matters shall be commenced until rati5cation of the official line by the North Carolina General
Assembly. Thereafter, causes of action related to the taxation of property shall be defended as
described in subdivision (5) of Section 4(c) of this act."
SECTION 5.(a) Any,properties affected by S.L. 2010-61 or this act and which are
subject to taxation under G.S. 105-274 and which were taxed by both the Alamance County
and Orange County taxing authorities on or after January 1, 2007, are hereby granted the
following relief:
Senate Bill 201* Session Law 2011-88 Page 5
13
(1) Property owners of any such dually taxed properties may, pursuant to the
terms of G.S. 105-381, demand refund and/or release of taxes paid to the
county from which their property, or portion thereof, was transitioned.
(2) Any claim for relief pursuant to this section and under the terms of
G.S. 105-381 may be made for taxes assessed January 1, 2007, through
December 31, 2011. All such claims for relief must be made in writing to the
county from which the affected property was transitioned on or before
February 28, 2012. Should a claim for relief pursuant to this section not be
made by February 28, 2012, such claim is waived, and no further relief shall
be granted pursuant to this or any other act. Alamance County and Orange
County shall not grant refunds or releases pursuant to this section for any
claims made after February 28, 2012, and are released from all liability, and
no court action shall be maintained for any such claims made for any act or
-failure-to act pur-suant-to this-se~tion~ - - --- - ---- - - -- - - ---- -- --- -- - -- -~- "-
SECTION 5.(b) The provisions of this section shall apply only to properties
transitioned or reassigned from one county to the other, in whole or in part, by the resurveys of
individual qualifying properties pursuant to S.L. 2010-61 and this act.
SECTION 5.(c) For purposes of this section only, the term "property owner" shall
include any builder or developer that paid property taxes on real property to both counties and
subsequently sold said property or that as part of an escrow agreement in which the buyer of
such property paid taxes to one county and the builder or developer who sold the property paid
taxes on the same piece of property to the adjoining county.
SECTION 5.(d) The taxing authorities of Alamance County and Orange County
shall notify property owners affected by this section of the terms of this section within 30 days
after this act becomes law. Such notice shall be by United States mail at the mailing address to
which any tax bills were previously submitted. No other notice is or shall be required.
SECTION 6. Section 6 of S.L. 2010-61 reads as rewritten:
"SECTION 6. Any child who was a resident of any area a'~, +'~~" ^^+ ^"'+" `'a+° "f
~a~t~atien reassigned by this act on its date of enactment and who was a student in the Orange
County or Alamance County school system during the ~nn~ ~ni n ~n~ n ten, , w,,..~
2010-2011 or 2011-2012 school year, and the siblings of any such person, may attend school in
the same school system as their siblings without necessity of a release or payment of tuition. ~
tu}tien-Any such student, while attending the Orange County school system, shall be
considered a resident of Orange County for all public school purposes, including transportation,
athletics, and funding formulas. Any such student, while attending the Alamance County
school system, shall be considered a resident of Alamance County for all public school
purposes, including transportation, athletics, and funding formulas. Notice must be given to all
affected school systems by the parent or guardian in order to exercise the privilege granted by
this section."
SECTION 7. The establishment of a county boundary line is, pursuant to Section 1
of Article VII of the North Carolina Constitution, the responsibility of the General Assembly.
Further, it is vital to the State of North Carolina and all affected local governments that county
boundary lines be fixed and any uncertainty as to the location of county boundary lines be
resolved. For this reason and in the interest of justice, neither Alamance County nor Orange
County, nor any agent, employee, or appointed or elected official thereof, shall be liable to any
individual, group, organization, for-profit or not-for-profit business entity of any kind, or
governmental entity or agency of any type or kind, for any damages, costs, fees, or fines, and
no court action shall be maintained against said counties, officials, employees, and agents for
any recommendation, act, failure to act, or conduct related to S.L. 2010-61 or this act and/or the
adoption of a fixed boundary line separating the two counties. Except as set out in Section 5 of
Page 6 Session Law 2011-88 Senate Bill 201
14
this act, and effective upon enactment of this act, Alamance County and Orange County and
their officials, employees, and agents are released from all liability for any claims made, and no
court action shall be maintained against said officials, employees, and agents for any act or
failure to act pursuant to the terms of this act or S.L. 2010-61, and no further relief shall be
granted or cause of action sustained except as provided herein.
SECTION 8. Section 8 of S.L. 2010-61 reads as rewritten:
"SECTION 8. Alamance County and Orange County shall cause areas of the boundary line
to be resurveyed in areas where property owners have met the established administrative
criteria to be assigned to a specific ; a ' '"°"° rn" Y"^^*'^^' ^ "*"°" " " +''°
rr ..+" ~ t• ~ a t• c t• ,,,- ,. „^t,t° _ ..a„t„ t,,,..a°.,~,,..,,° county but
shall not bear the cost of such resurveYs The costs of the resurveys shall be the responsibility
of the transitioned properties' owners."
SECTION 9. Except as amended by this act, S.L. 2010-61 continues in full force
- - - and effect..-In the case-of-any-conflict-be-tween this act-and S.L.-2010-61; this act controls-to-the- - --
extent of the conflict.
SECTION 10. Pursuant to Section 1 of Article VII of the North Carolina
Constitution, any boundary line between Alamance County and Orange County previously
surveyed, recognized, adopted, described, utilized, or ratified is modified as set forth herein
upon ratification of this act.
SECTION 11. Pursuant to Section 1 of Article VII of the North Carolina
Constitution, the official boundary line between Alamance County and Orange County, as
described and approved by the Alamance County Board of Commissioners at its regular
meeting December 6, 2010, and the Orange County Board of Commissioners at its regular
meeting December 14, 2010, is hereby formally recognized and adopted by the North Carolina
General Assembly. The nine percent (9%) portion of the boundary line not described and
approved by the county commissioners shall be resurveyed pursuant to separate .local
legislation.
SECTION 12. Upon completion of the resurveys in compliance with this act, a
complete description of the resurveyed line shall be filed in the office of the Register of Deeds
of Alamance County, the office of the. Register of Deeds of Orange County, and the Secretary
of State, as provided in G.S. 153A-18(a).
SECTION 13. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25~' day of May,
2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
Senate Bi11201* Session Law 2011-88 Page 7
15
Attachment 3
Map 1of5
Properties Subject to Proposed Land Use Element Map
and Zoning Atlas Amendments
16
Map 2 of 5
Properties Subject to Proposed Land Use Element Map
and Zoning Atlas Amendments
17
Map 3 of 5
Properties Subject to Proposed Land Use Element Map
and Zoning Atlas Amendments
18
Map 4 of 5
Properties Subject to Proposed Land Use Element Map
and Zoning Atlas Amendments
19
Map 5 of 5
Properties Subject to Proposed Land Use Element Map
and Zoning Atlas Amendments
ATTACHMENT 4
0
RESOLUTION # os C~ I l '
A RESOLUTION AMENDING
THE 2030 COMPREHENSIVE PLAN
WHEREAS, Orange County initiated an amendment to the Orange County 2030
Comprehensive Plan Land Use Element Map, as established in Section 2.3 of the
Orange County Unified Development Ordinance (UDO), to assign or extend land use
categories for approximately 65 properties along the Orange-Alamance county line
-- north of-Mebane, and -- -----
WHEREAS, these properties are being located within the County's planning
jurisdiction a, result of the Orange-Alamance County Line Adjustment project consistent
with Session Law 2011-88 (commonly referred to as the `91% line') enacted by the
North Carolina General Assembly on May 25, 2011, and
WHEREAS, the properties subject to this resolution are further described utilizing
Parcel Identification Numbers (PIN) data provided by the Orange County Tax
Administration department, as follows:
1. 9826347879 22. 9827354095 45. 9828399459
2. 9826373757 23. 9827355439 46. 9828402844
3. 9826375889 24. 9827356415 47. 9828411717
4. 9826378515 25. 9827357752 48. 9828430893
5. 9826378798 26. 9827358110 49. 9828436064
6. 9826378971 27. 9827358420 50. 9828442910
7. 9826386082 28. 9827365220 51. 9828452362
8. 9826389107 29. 9827377268 52. 9828463147
9. 9826393286 30. 9827384882 53. 9828471025
10. 9826393588 31. 9827396663 54. 9828484689
11. 9826393886 32. 9827398433 55. 9829348662
12. 9826397555 33. 9827458805 56. 9829359366
13. 9826492332 34. 9827460811 S7. 9829359453
14. 9827307336 35. 9827465552 58. 9829386180
15. 9827307785 36. 9827473993 59. 9829418268
16. 9827316804 37. 9827490851 60. 9829436540
17. 9827318636 38. 9828316837 61. 9829442927
19. 9827326110 39. 9828329329 62. 9829461568
29. 9827334051 40. 9828378975 63. 9829471927
20. 9827338118 41. 9828387036 64. 9829520667
21. 9827348764 42. 9828387186 65. 9829575939
21
43. 9828395332
44. 9828398016
and
WHEREAS, the area surrounding these aforementioned properties are
designated as being located within the Agricultural Residential Land Use Category, and
WHEREAS, the Planning Director has recommended that all of the
aforementioned parcels be assigned the Agricultural Residential. Land Use Category
designation, and
WHEREAS, the requirements of Section 2.3 of the Unified Development
Ordinance (UDO) have been deemed complete, and
WHEREAS, the Board finds that the proposed Land Use Element Map
amendment is internally consistent with the 2030 Comprehensive Plan or part thereof
including, but not limited to, the following:
r 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.
• Goal 1: Fiscally and environmentally responsible, sustainable
growth, consistent with the provision of adequate services and
facilities and a high quality of life.
• Goal 2: Land uses that are appropriate to on-site environmental
conditions and features, and that protect natural resources, cultural
resources, and community character.
• 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 systems,
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of
Orange County, North Carolina, that the Land Use Element Map, provided in Chapter 5
of the Land Use Element of the 2030 Comprehensive Plan, is hereby amended as
described herein to become effective January 1, 2012.
22
Upon motion of Commissioner
Commissioner
seconded by
the aforementioned 2030
Comprehensive Plan amendments were adopted this the day of
2011 and shall become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
Ordinance #: ~ ® ~ 6 ~ 0 ~ "'
ATTACHMENTS 2$
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County initiated an amendment to the Orange County Zoning Atlas, as
established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), to
rezone approximately 65 properties along the Orange-Alamance county line north of Mebane
that are either partially zoned or un-zoned as a result of the Orange-Alamance County Line
Adjustment, and
WHEREAS, this amendment was initiated to
2011-88 (commonly referred to as the `91%
Assembly on May 25, 2011, and
rezone parcels consistent with Session Law
line') enacted by the North Carolina General
WHEREAS, the parcels subject to this Ordinance, identified utilizing Parcel Identification
Numbers (PIN) data provided by the Orange County Tax Administration department, are
identified as follows:
1. 9826347879 22. 9827354095 45. 9828399459
2. 9826373757 23. 9827355439 46. 9828402844
3. 9826375889 24. 9827356415 47. 9828411717
4. 9826378515 25. 9827357752 48. 9828430893
5. 9826378798 26. 9827358110 49. 9828436064
6. 9826378971 27. 9827358420 50. 9828442910
7. 9826386082 28. 9827365220 51. 9828452362
8. 9826389107 29. 9827377268 52. 9828463147
9. 9826393286 30. 9827384882 53. 9828471025
10. 9826393588 31. 9827396663 54. 9828484689
11. 9826393886 32. 9827398433 55. 9829348662
12. 9826397555 33. 9827458805 56. 9829359366
13. 9826492332 34. 9827460811 57. 9829359453
14. 9827307336 35. 9827465552 58. 9829386180
15. 9827307785 36. 9827473993 59. 9829418268
16. 9827316804 37. 9827490851 60. 9829436540
17. 9827318636 38. 9828316837 61. 9829442927
19. 9827326110 39. 9828329329 62. 9829461568
29. 9827334051 40. 9828378975 63. 9829471927
20. 9827338118 41. 9828387036 64. 9829520667
21. 9827348764 42. 9828387186 65. 9829575939
43. 9828395332
44. 9828398016
24
and
WHEREAS, only those portions of the properties denoted utilizing the above referenced PIN
data that were not previously within Orange County are subject to this Ordinance, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO)
have been deemed complete, and
WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds that the rezoning will carry out the intent and
purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited to,
the following:
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.
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.
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.
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 systems,
and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Zoning Atlas is hereby amended to zone the aforementioned parcels, as detailed within
Session Law 2011-88, Agricultural Residential (AR).
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective on January 1, 2012.
Upon motion of Commissioner
Commissioner
day of
. 2011.
seconded by
the foregoing ordinance was adopted this
I, Donna S. Baker, 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
25
Board at a meeting held on , 2011 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
2011.
SEAL
Clerk to the Board of Commissioners