HomeMy WebLinkAboutAgenda - 05-29-2012 - C6 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2012
Action Agenda
Item No. C-6
SUBJECT: Zoning Atlas Amendment -- Apply Special Flood Hazard Overlay District to
Parcels Associated with the Orange-Alamance County Line Adjustment
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT: INFORMATION CONTACT:
1. UDO Outline Form (UDO/Zoning 2012- Glenn Bowles, Planner II 245-2577
10) — Rezoning to AR with Special Craig Benedict, Director 2452592
Flood Hazard Area (SFHA)
2. SFHA Overlay District Maps
3. Notification Certification and Materials
PURPOSE: To hold a public hearing to receive comment on a County-initiated Zoning Atlas
Amendment to apply the Special Flood Hazard Area (SFHA) Overlay District on parcels
associated with the revised Orange-Alamance County line.
BACKGROUND: With the recent adjustment of the Orange-Alamance County line, staff was
informed by the State FEMA office that several parcels, now located within Orange County's
planning jurisdiction, are encumbered by floodplain. This request seeks to address the matter
by extending the SFHA Overlay District over these parcels consistent with the requirements of
Section 4.3 of the Unified Development Ordinance (UDO).
Please refer to Attachment 1 for additional information and analysis. Attachment 2 shows
the transferred SFHA overlay districts in relationship to the affected properties, the surrounding
properties, and the county line. The affected parcels are as follows:
PIN Owner Property Transferred SFHA
Acreage Acreage
9829348662 Toni Henderson & Shelby McLaughlin 38.00 0.02
9829520667 C. E. Atkins heirs 96.40 1.38
9827338118 Henry & Pamela R. Rivers 20.73 0.09
9827326110 Hanna Creek Homeowners Association 3.97 0.04
9827334051 Mary & John L. Brewer 36.00 0.09
9827316804 Johnny C. Pulliam 56.00 0.08
9728177046 Tommy W. & Brenda P. Tapp 42.13 19.00
9728068128 Elizabeth Hilborn & Howard Hot 8.48
9728163122 Elizabeth Hilborn & Howard Hot 9.30
2
9728166070 1 Michelle K. Strand 9.40
Notification Procedural Requirements:
In accordance with Section 2.8.7 of the Unified Development Ordinance, the public hearing for
this item was advertised consistent with the requirements of the Ordinance. Legal ads were
placed in two newspapers of general circulation in the County for two (2) successive weeks;
notices were mailed to affected property owners and property owners within 500-feet of affected
properties; and a total of three signs were posted in strategic areas of the affected areas, in
accordance with State statutes. Attachment 3 includes the following:
• Affected property owner notification letter,
• Notification postcards (5.5" x 8.5") for property owners within 500-feet of affected
properties (43 different owners), and
• An affidavit attesting to the mailing of these letters.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATIONS: The Manager recommends that the Board:
1. Receive this abstract.
2. Conduct a Public Hearing and accept all public and BOCC comments on the subject.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the August 21, 2012 BOCC regular meeting.
4. Adjourn the public hearing until August 21, 2012 where final action on the proposal shall
be taken by the BOCC.
• 3
Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
LIDO/Zoning-2012-10
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From:
To:
® Zoning Map:
From: AR (Agricultural Residential)
To: AR with Special Flood Hazard Overlay District
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
❑ U DO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s):
❑ Other:
B. RATIONALE
1. Purpose/Mission
On January 1, 2012, some 20.7 acres of Special Flood Hazard Area Overlay District
(SFHA) were transferred to Orange County from Alamance County and another 18.7
1
4
Attachment 1
acres were transferred into Alamance County from Orange County with the approval
of the adjustment to the Orange/Alamance County Line by both county boards and
the consent of the State. The affected properties are now zoned AR (Agricultural
Residential). The new SFHA also included 8.4 acres within the Haw River floodway.
The Zoning Atlas will be amended to include the 20.7 acres of SFHA transferred into
Orange County. These acreage figures account for other acres transferred into
Orange County, but are within the City of Mebane or its extra-territorial jurisdiction.
2. Analysis
As per LIDO Section 2.8.5, the Planning Departmentprovides analysis and from the
results of that analysis prepares a recommendation to the Planning Board and the
BOCC.
GIS evaluation confirmed the presence of the SFHA acreage. The 20.7 acres of
SFHA transferred into Orange County are found on three different sites containing a
total of ten (10) parcels. (Please refer to the maps in Attachment 2.) These
transferred floodplain acres represent six (6) percent of the 320.41 acres of land area
in the affected properties. No structures are involved in any transfer in or out of
Orange County's jurisdiction.
Another 0.75 acres of the 500-year floodplain were also transferred into Orange
County, but these areas are not within the SFHA, and will not affect this zoning atlas
amendment.
3. Comprehensive Plan Linkage [i.e. Principles, Goals and Objectives)
Land Use Goal 5: Life, health, and property safe from hazard.
Prohibit new development in special flood hazard areas as defined by the FEMA
Flood Insurance Rate Map, effective February 2, 2007.
Natural Resources Goal 7: A balanced and healthy diversity of native plant and
animal populations.
Objective NA-9: Conserve high-priority natural areas and wildlife habitats,
including wetlands, rivers and streams, floodplains, ...
4. New Statutes and Rules
Not applicable.
C. PROCESS
1. TIME FRAME/Ml LESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 13, 2012
b. Quarterly Public Hearing
2
5
Attachment 1
May 29, 2012
c. BOCC Updates/Checkpoints
May Quarterly Public Hearing legal advertisement approved on May 1, 2012.
Legal advertisement publishing dates May 16 and May 23, 2012.
August 21, 2012 Final Action
d. Other
DAC review on May 3, 2012
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: The Quarterly Public Hearing public involvement process shall be
consistent with North Carolina State Statutes and UDO requirements.
a. Planning Board Review:
The item will be presented at the June 6, 2012 or the July 11, 2012 Planning
Board meeting for review and recommendation back to the BOCC.
b. Advisory Boards:
Not applicable
c. Local Government Review:
Not applicable
d. Notice Requirements
The legal advertisement was sent to the local newspapers on May 11, 2012.
Required legal notifications were mailed to the ten (10) affected property owners
and the property owners within 500 feet of the affected properties on May 14,
2012. The three (3) sites will be posted ten (10) days prior to the public hearing
on May 18, 2012.
e. Outreach:
® General Public: An open house for the nine property owners affected
by the transfer was held on Wednesday, April 18, 2012
in the Second Floor Planning Conference Room.
❑ Small Area Plan Workgroup:
® Other: Staff contacted the North Carolina Floodplain Mapping Program on
February 15, 2012. Like annexations, this action transfers floodplain
management authority from one jurisdiction to another. The North
Carolina Floodplain Mapping Program will adjust the flood maps
during the next scheduled map maintenance project. No additional
action is required of Orange County at this time.
3
6
Attachment 1
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from Fiscal Year 2011-12 Departmental funds budgeted for this purpose. Existing
Planning staff included in the Departmental staffing budget will accomplish the work
required to process this zoning atlas amendment.
D. AMENDMENT IMPLICATIONS
Those portions of the affected properties within the Special Flood Hazard Area will be
subject to all Orange County flood damage prevention regulations found within the
Orange County Unified Development Ordinance.
E. SPECIFIC AMENDMENT LANGUAGE
Primary Staff Contact:
Glenn R. Bowles, Planner II
Planning and Inspections Department
919 245 2577
gbowles @co.orange.nc.us
4
7
Attachment 2
Parcels Affected by New County Boundary 2012 (Map 1 )
49
157
86
5
70
86 15
54 501
Agricultural Residential
9829348662 Zoning
Back Creek Protected
Watershed
Pl�►N,x`�'N
F�
9829520667 '9,Ao`rR
49
Affected Parcels N , inch=600 feet
®County Boundary (2012)
0 200
Transferred Floodplain Feet
lain /1.4 Acres Orange County Planning and Inspections Department
100 Year Flood
plain \ ) GIS Map Prepared by Brian Carson.4/16/2012
8
Parcels Affected by New County Boundary 2012 (Map 2)
49
15
57
70
ae 15
501
y
9827338118 Agricultural Residential
9827334051 Zoning
Back Creek Protected
Watershed
9827326110 �--MCARTHUR-PARK:p.,
9827316804
Q
=Affected Parcels N
- (� 1 inch=500 feel
®County Boundary (2012) i1�
o zoo
Transferred Floodplain ®Fee`
®100 Year Flood p lain (O.3 Acres) Orange County Planning and Inspections Department
GIS Map Prepared by Brian Carson.4/16/2012
9
Parcels c County u r y 2012 ( )
49
15
86
57
70 Agricultural Residential
Zoning
Haver River Unprotected
66 15 , = Watershed
501 'J
9728177046
{ ✓
SHOGOOREE-RIDGE UR
9728068128
9728163122
9728166070
0 Affected Parcels
®County Boundary (2012) N
1 inch=300 feet
Transferred Floodplain L!
o zoo
EM 100 Year Floodplain (19 Acres) ®Feet
100 Year Floodwa 8.4 Acres Orange County Pianning and Inspections Department
y ( Acres) Orange Map Prepared by Brian Carson.4/16/2012
10
Attachment 3
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning 131 West Margaret Lane
(919) 245 -2575 3 P O Box 8181
(919) 644 -3002 (FAX) Hillsborough,
www.co.orange.nc.us �f} �.<•�� North Carolina, 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
i, Glenn R. Bowies, Planner II with the Planning and Inspections Department of Orange
County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions
of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or
have caused to be mailed, a Notice of Public Hearing to be held regarding the
processing of a Zoning Atlas Amendment petition initiated by Orange County to rezone
20.7 acres of land located along the Orange Alamance County Line.
The owners were identified according to the Orange County Tax Records and as
required by Section 2.8.7 of the Orange County Unified Development Ordinance.
The mailed notices specify the date, place, and subject of the Public Hearing.
Witness my hand, the 14th day of May, 2012.
Glenn R. Bowles, AICP, CFM
Planner II
•. Orange County Planning Department 11
P.O. Box 8181
" Hillsborough, NC 27278
'bh4 Col.
NOTICE OF PUBLIC HEARING
Orange County Planning Department
" M P.O. Box 8181
Hillsborough, NC 27278
NOTICE OF PUBLIC HEARING
Dear Property Owner:
12
This notice is to inform you of an upcoming public hearing pertaining to proposed Zoning Atlas (map) changes. This
notification is mailed to you in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance.
You are receiving this notice because you own property located within 500 -feet of parcels affected by the
proposed rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Orange County has initiated an application to rezone 20.7 acres of land located along the Orange - Alamance County
Line. The rezoning involves lands transferred into Orange County because of the recent adjustment to the County Line.
No project is proposed at this time.
The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed
changes on Tuesday, May 29, 2012 at 7:00 p.m. at the Department of Social Services located at 113 Mayo Street
(Hillsborough Commons Shopping Center) in Hillsborough, North Carolina. Interested persons are invited to address the
boards with their comments regarding the proposed rezoning at this Joint Public Hearing.
Maps and other information regarding the proposed zoning change can be viewed at the following website after Friday,
May 18, 2012: http: / /www.co. orange. nc. us /planning /SpecialProjects.asp
If you cannot attend the Joint Public Hearing and the website does not answer your questions about the proposed
rezoning, you may call (919) 245 -2575 during regular business hours and you will be directed to a staff person who can
assist you.
Dear Property Owner:
This notice is to inform you of an upcoming public hearing pertaining to proposed Zoning Atlas (map) changes. This
notification is mailed to you in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance.
You are receiving this notice because you own property located within 500 -feet of parcels affected by the
proposed rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Orange County has initiated an application to rezone 20.7 acres of land located along the Orange - Alamance County
Line. The rezoning involves lands transferred into Orange County because of the recent adjustment to the County Line.
No project is proposed at this time.
The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed
changes on Tuesday, May 29, 2012 at 7:00 p.m. at the Department of Social Services located at 113 Mayo Street
(Hillsborough Commons Shopping Center) in Hillsborough, North Carolina. Interested persons are invited to address the
boards with their comments regarding the proposed rezoning at this Joint Public Hearing.
Maps and other information regarding the proposed zoning change can be viewed at the following website after Friday,
May 18, 2012: http: / /www.co. orange. nc. us /planning /SpecialProjects.asp
If you cannot attend the Joint Public Hearing and the website does not answer your questions about the proposed
rezoning, you may call (919) 245 -2575 during regular business hours and you will be directed to a staff person who can
assist you.
13
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Ois1 ' 'c.y +'!.
Administration 131 W. Margaret Lane
(919) 245 -2575 V Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us d'I• Cato Hillsborough, NC 27278
May 18, 2012
NOTICE OF PUBLIC HEARING
Zoning Atlas (Map) Amendments
Dear Property Owner:
This letter is to notify you of an upcoming public hearing pertaining to proposed Zoning
Atlas (Map) changes that affect your property. This notification is mailed to you in
accordance with Article 2.8.7 of the Orange County Unified Development Ordinance.
Orange County is proposing to rezone a portion of your property is from AR (Agricultural
Residential) to AR with the Special Flood Hazard Area Overlay District.
Additionally, your property may be located within 500 -feet of other affected parcels. The
rezoning action, if approved by the Board of County Commissioners, will result in that
portion of your property being rezoning to be subject to Orange County flood damage
reduction standards.
The Orange County Board of Commissioners and Planning Board will hold a Joint
Public Hearing on the proposed changes on Tuesday, May 29, 2012 at 7:00 p.m. at
the Department of Social Services located at 113 Mayo Street (Hillsborough Commons
Shopping Center) in Hillsborough, North Carolina. Interested persons are invited to
address the boards with their comments regarding the proposed rezoning at this Joint
Public Hearing.
Maps and other information regarding the proposed zoning change can be viewed at
the following website after Friday, May 18, 2012:
http: / /www.co. orange. nc. us /planning /SpecialProjects.asp
14
If you cannot attend the Joint Public Hearing and the website does not answer your
questions about the proposed rezoning, you may call (919) 245 -2575 during regular
business hours and you will be directed to a staff person who can assist you.
Sincerely,
Craig N. Benedict, AICP
Planning Director