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Home My WebLink AboutAgenda - 08-21-2012 - 6f 001 ORANGE COUNTY BOARDOF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August21, 2012 Action Agenda Item No.6-f SUBJECT: Zoning Atlas Amendment – ApplicationofSpecial Flood Hazard Overlay District to Parcels Associated with the Orange-Alamance County Line Adjustment DEPARTMENT:PUBLIC HEARING: (Y/N)Yes Planning and Inspections ATTACHMENTS:INFORMATION CONTACT: 1.Unified Development Ordinance (UDO)Glenn Bowles, Planner II, 245-2577 Outline Form (UDO/Zoning 2012-10)Michael D. Harvey, Planner III, 245-2597 2.SFHA Overlay District MapsCraig Benedict, Director, 245 2592 3.Ordinance Amending Zoning Atlas 4.Excerpt from Draft May 29, 2012 Quarterly Public Hearing Minutes 5.Excerpt from June 6, 2012 Planning Board Minutes PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decisionon a Planning Director initiated Zoning Atlas Amendment to applythe Special Flood Hazard Area(SFHA)Overlay Districtdesignation onparcelsassociated with the revised Orange-Alamance county line. BACKGROUND: This item was presented at the May 29, 2012 Quarterly Public Hearing. During the public hearing no comments or discussion occurred related to this request. This request seeks to extend the SFHA district over the properties recently located within Orange County’splanning jurisdiction through the formalization of the Orange-Alamance county line. The properties impacted by this request are as follows PINOwnerProperty SFHA Acreage Acreage 9829348662Toni Henderson & Shelby McLaughlin38.000.02 9829520667C. E. Atkins heirs96.401.38 9827338118Henry & Pamela R. Rivers20.730.09 9827326110Hanna Creek Homeowners Association3.970.04 9827334051Mary & John L. Brewer36.000.09 9827316804Johnny C. Pulliam56.000.08 9728177046Tommy W. & Brenda P. Tapp42.13 9728068128Elizabeth Hilborn & Howard Hoyt8.48 19.00 9728163122Elizabeth Hilborn & Howard Hoyt9.30 9728166070Michelle K. Strand9.40 002 Attachment 2provides maps denoting the proposed SFHA overlay districts in relationship to the affected properties, surrounding properties, and the county line. Attachment 1provides additional background information and staff analysisof the request. Planning Board Discussion:The Planning Board reviewed this item at its June 6, 2012 regular meeting. Please refer to Section C.2 of Attachment 1for a summary of Board questions and staff responses. unanimously Planning Board Recommendation:The Boardvoted to accept the recommendation of the Planning Directorand extend the SFHA overlay district as proposed. approval Planning Director’s Recommendation:The Planning Director recommends of the proposed zoning atlasamendments based on the following: 1. The amendments will extend flood damage prevention standards onto parcels associated with the revised Orange-Alamance county lineconsistent with established policy per Section 4.3 of the UDO, and 2. The rezoning is consistent with various Principles, Goals, and Objectives of the adopted Comprehensive Plan (Please refer to Section B.3 ofAttachment 1). FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATIONS: The Managerrecommends the Board: 1.Receive the Planning Board’s recommendation; 2. Discuss the itemas necessary; 3.Close the public hearing;and 4.Adopt the Ordinance of approval for the Zoning Atlas Amendment as contained within Attachment 3. 003 Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENTOUTLINE UDO / Zoning-2012-10 A. AMENDMENT TYPE Map Amendments Land Use Element Map: From: - - - To: - - - Zoning Map: From:AR (Agricultural Residential) AR (Agricultural Residential),AR (Agricultural Residential)- To: AR with Special Flood Hazard Overlay District-- ,AR(Agricultural Residential) Other:- Text Amendments Comprehensive Plan Text: - UDO Text: UDO GeneralText 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 property was transferred into the County’s planning jurisdiction as the result of the formalization of the Orange-Alamance 1 004 County line. According to the State FEMA office, portions of these properties were encumbered by floodplain and were now considered part of the County’s floodplain management program. In 2007 the County incorporated FEMA floodplain mapping data into an overlay district, specifically the Special Flood Hazard Area (SFHA) Overlay District, in an effort to ensure property owners were fully aware of all development limitations associated with a given parcel of propertyby denoting these areas on the official Zoning Atlas. As this property was previously located within Alamance County, and administered under their floodplain management program, Orange County isrequired to extend the SFHA overlay district onto those portions of property encumbered by identified flood areasnow being located within the County’s planning jurisdiction. It should be noted that approximately18.7 acres of land area, encumbered by the County’s SFHA overlay district, were transferred into Alamance from Orange Countyand is now administered under their floodplain management program. Staff is proposing the Zoning Atlas amendmentto extend the SFHA overlay district onto the 20.7 acres of property, encumbered by floodplain, recently moved into the County’s planning jurisdiction consistent with the policies of Section 4.3 of the Unified Development Ordinance. 2.Analysis As per UDO Section 2.8.5, the Planning Director shall cause an analysis to be made for an application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the BOCC. The 20.7 acres of floodplaintransferredinto 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 320.41acres of land area inthe affected properties. No structures are involved in anytransfer 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 will not affect thiszoning atlas amendment. Staff has determined the amendment is necessary in order to ensure consistency with respect to the mapping and identification of flood hazard areas throughout the County and to ensure the policy requirements of the UDO are adhered to. 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. 2 005 Natural Resources Goal 7: A balanced and healthy diversity of native plant and animal populations. Objective NA-1: Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and streams, floodplains,… 4.New Statutes and Rules Not applicable. C. PROCESS 1.TIMEFRAME/MILESTONES/DEADLINES a.BOCC Authorization to Proceed March13, 2012 b.Quarterly Public Hearing May 29, 2012-There were no recorded comments from the public hearing. c. BOCC Updates/Checkpoints May Quarterly Public Hearing legal advertisementapproved onMay 1, 2012. Legal advertisement publishing dates May 16 and May 23, 2012. August 21, 2012 Final Action d.Other DAC review onMay3, 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 waspresented at the June 6, 2012 meeting for recommendation with the following questions or comments from the Planning Board members: Several years ago we received notice that there were changes in the o FEMA floodplains. Wouldn’t these landowners have gotten it then, is this because of the change to the county line? STAFF COMMENT :They would not have received notification from Orange Countyas these properties were located within Alamance County and subject to their regulations and floodplain management program. Staff cannot offer comment on Alamance County’s procedures for notifying propertyowners of changes in floodplain regulations or standards. 3 006 The adjustment of the County boundary line now brings these properties into Orange County’s planning jurisdiction subjecting them to our regulatory standards.Staff obviously took the necessary, and required, steps to notify these property owners of the situation and explain the nuances of our local floodplain management program. As previously indicated, this atlas amendment is necessary to formalizethe location of this overlay district due to the change in the Orange-Alamance County Line consistent with current policy. So property owners cannot do anything with this land in the floodplain? o STAFF COMMENT :Current regulations prohibit development of residential and non-residential structures within the SFHA Overlay District (see Section(s) 6.6.1 (B) (1) and (2) of the UDO). While these areas could be used for agricultural purposes, property owners are prohibited from erecting structures within identified floodplain per current County policy. Is it safe to say they probably could notdevelop in the floodplain because o they could not get a loan to build on it.In the last 11 years the river has come up as much as 12 feet so there’s nothing anyone could do with it. STAFF COMMENT : The floodplain standards regarding mortgages is the same in both counties – federally-backed mortgages cannot finance development in the special flood hazard area. There are two parcels owned by the same people. One has a house on it o and the other is undeveloped. The undeveloped parcel can be developed but has a small area within which to construct improvements. STAFF COMMENT :Yes b.Advisory Boards: NNot applicable c. Local Government Review: Not applicable d. Notice Requirements The legal advertisement wasrun in local newspapers on May 16 and 23, 2012. Required legal notifications weremailed to the ten (10) affected property owners and the property owners within 500 feetof the affected properties on May 14, 2012. The three (3) sites wereposted ten (10) days prior to the public hearing on May 18, 2012. 4 007 e.Outreach: An open house for the nine property owners affected General Public:-An oApenAnhouse fORANGECOUNTY PLANNING & INS by the transfer was held on Wednesday, April 18, 2012 the nine property owners affected by the transfer was held in the Second Floor Planning Conference Room. on Wednesday, April 18, 212 Small Area Plan Workgroup:- Other:Staff contacted the North Carolina Floodplain Mapping Program on February 15, 2012.Like annexations, thisaction 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 Countyat this time. 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 5 Merrit Rezoning Request Attachment 2 - - --- ------- --- - .,�, � w, ! 86 57 1157 11 S , S I m 70 R1 66 1 PDCGC4 Area Proposed for Rezoning m 86 15 i 54 501 I Lower Eno Unprotected Watershed NC21 , PIN 9874689620 9874687542 NC2 " k AI _ v ~w t S" s �~ 4. lr _ � Hillsborough Zoning ,�� ` ►�, ;,� ® Area Proposed for Rezoning Parcels Water Bodies N ,in=80rt Area of Interest ETJ Streams 0 25 50 Zoning NLJ Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.8/6/2012 49 FIRM Map Number 3710982700K S FIRM Effective February 2, 2007 B6 5 �o m;m / 86 I5 54 501 ❑ y �cz 0 9827338118 Agricultural Residential 9827334051 Zoning Back Creek Protected Watershed / I MCARTHUR=PARK-p.� 9827326110 9827316804 v F9 �Q 20 J5�` ❑Affected Parcels 1 inch=500 feet QCounty Boundary (2012) o zoo e�.e..�• F ee t Transferred Floodplain ®100 Year Floodplain (0.3 Acres) Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.4/16/2012 49 FIRM Map Number 3710972800K 86 5 15 FIRM Effective February 2, 2007 70 _ Agricultural Residential mbm Zoning Haw River Unprotected 86 15 Watershed 54 501 9728177046 SHOGGOREE-RIDGE DR 9728068128 9728163122 9728166070 0 Affected Parcels QCounty Boundary (2012) N 1 inch=300 feet Transferred Floodplain o zoo EM 100 Year Floodplain (19 Acres) - 100 Year Floodway (8.4 Acres) Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.4/16/2012 011 2012-035 Ordinance #: Attachment 3 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS ,Orange County has initiated a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS , this petition seeks to rezone approximately 20.7 acres of land on tenparcels of property associated with the Orange-Alamance County Line adjustment from Agricultural Residential (AR) to AR with the Special Flood Hazard Overlay District, and WHEREAS , the parcels are further identified as contained within the Special Flood Hazard Area - AE Zone with a one (1) percent annual chance occurrence flood (100-year flood) as found inthe Flood Insurance Rate Map (FIRM), effective February 2, 2007 and specifically described as that portion of property with the followingOrange County Parcel Identification Number (PIN) that is within identified FIRM Maps: 1. FIRM Map Number 3710982900K (PINs 9829248662 and 9829520667), 2. FIRM Map Number 3710982700K (PINS 9827338118, 9827334051, 9827316804, and 9827326110), and 3.FIRM Map Number 37109728177046, (PINs 9728068128, 9728163122, and 9728166070); and WHEREAS , the requirements of Section 2.8 of the Unified DevelopmentOrdinance (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 willcarry out the intent and purpose of the adopted2030 Comprehensive Plan or part thereof including, but not limited to, the following: Land Use Goal 5: a.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 b.: A balanced and healthy diversity of native plant and animal populations. Objective NA-1:Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and streams, floodplains, steep slopes, prime forests, wildlife corridors, and other critical habitats; and WHEREAS , the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. 1 012 THEREFORE BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the property as described herein to Agricultural Residential (AR)with the Special Flood Hazard Overlay District. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner ________________________, seconded by Commissioner ________________________, the foregoing ordinance was adopted this ________ day of ___________________, 2012. 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 Board at a meeting held on ________________________, 2012 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 ______________, 2012. SEAL__________________________________ Clerk to the Board of Commissioners 013 Attachment 4 Excerpt of Minutes DRAFT MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING May 29, 2012 7:00 P.M. The Orange County Board of Commissioners and the Orange County Planning Board metfor a Quarterly Public Hearing on Tuesday, May 29, 2012 at 7:00 p.m. at DSS Offices,Hillsborough Commons, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners AliceGordon, Barry Jacobs, Valerie Foushee, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT : COUNTY ATTORNEY PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager Michael Talbert, and Deputy Clerk to the Board David Hunt (All other staff members will beidentified appropriately below) PLANNING BOARD MEMBERS PRESENT: , Vice Chair Larry Wright, Pete Hallenbeck, MarkMarcoplos, H.T. “Buddy Hartley”, Andrea Rohrbacher, Lisa Stuckey, Maxecine Mitchell, andTony Blake PLANNING BOARD MEMBERS ABSENT: Chair Brian L. Crawford, Rachel Phelps Hawkins,Alan Campbell, and Johnny Randall Chair Pelissier called the meeting to order at 7:04:05 PM. 6. Zoning Atlas Amendment - To review government-initiated amendments to the ZoningAtlas to apply the Special Flood Hazard Zoning Overlay District to portions of ten parcels located in the vicinity of the Orange-Alamance county line. These parcels were affected by theadjustment of the county line which became effective on January 1, 2012. Planning staff Glenn Bowles made a PowerPoint presentation. ZONING ATLAS (MAP) AMENDMENT 014 FROM: AGRICULTUREAL RESIDENTIAL (AR) TO: AR WITH SPECIAL FLOOD HAZARD AREA OVERLAY DISTRICT BACKGROUND • May 25, 2011 NC General Assembly session law transferred 65 parcels into OrangeCounty. • November 2011 BOCC public hearing to zone the parcels to AR. • Planning Department received information from the State Floodplain Mapping Programthat tenof these properties contain floodplain. Information • Ten parcels containing 320 acres, • 20.7 acres of Floodplain • No structures involved Mark Marcoplos left at 10:13PM. Glenn Bowles said that an open house was held and the property owners that wereaffected were invited. No one attended, however. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhaszto refer this matter to the Planning Board asking for a recommendation to be returned to theBoard of County Commissioners in time for the August 21, 2012 meeting and adjourn the publichearing until August 21, 2012 for final action. VOTE: UNANIMOUS 015 Attachment 5 Excerpt of minutes MINUTES OCPB RANGE OUNTY LANNING OARD J6,2012 UNE RM EGULAR EETING Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, MP: EMBERS RESENT Cedar Grove Township; Peter Hallenbeck, Cheeks Township Representative; Buddy Hartley, Little River Township Representative; Alan Campbell, Cedar Grove Township Representative; Lisa Stuckey, Chapel Hill Township Representative; Mark Marcoplos, At-Large, Bingham Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Tony Blake, Bingham Township Representative; Johnny Randall, At-Large Chapel Hill Township;Rachel Hawkins, Hillsborough Township Representative; Maxecine Mitchell, At-Large Bingham Township; MA: EMBERS BSENT : Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Glenn Bowles, SP TAFF RESENT Planner II; Tina Love Administrative Assistant II Ron Woods; Michelle Kempinski; Tommy and Barbara Merritt; Jon Arvik; C. Phillip Gunter OP: THERS RESENT - To make a recommendation to Agenda Item 9:Unified Development Ordinance (UDO) Text Amendments the BOCC on government-initiated amendmentsto the Zoning Atlas to apply the Special Flood Hazard Overlay District to portions of ten parcels located in the vicinity of the Orange- Alamance county line. These parcels were affected by the adjustment of the county line which became effective on January 1, 2012.This item was heard at the May 29, 2012quarterly public hearing. Presenter: Glenn Bowles, Planner II Glenn Bowles: Reviewed abstract and attachments. Larry Wright: I have a question,several years ago we received notice that there were changes in the FEMA floodplains. Wouldn’t these landowners have gotten it then, is this because of the change to the county line? Glenn Bowles: The county line complicates things a bit so we had to re-notify them. Michael Harvey: There was a decision made by the former legal counsel for the County that as the flood plain regulations existed externally to the zoning regulations and because it limited the use of property it was determined that the flood regulations technically were defacto zoning standards and required that we incorporate those regulations in our zoning text and take the 100 year flood plain boundary and incorporate them on the zoning atlas so people would understand what the limitations of property would be. We are just formalizing the location of this overlay district due to the change in the Orange-Alamance County Line to be consistent with current policy. Rachel Hawkins: So they can’t do anything with this land? Glenn Bowles:They can graze their cattle… Rachel Hawkins: They just can’t develop. Glenn Bowles: A structure 016 Alan Campbell: Is it safe to say they probably couldn’t anyway even if we didn’t do this because they couldn’t get a loan to build on it. Michael Harvey: The flood regulations are not that much different between Orange and Alamance County. It’s the same standard. Mark Marcoplos: I live near that land and in relationship to that river, I have seen some very high water, you couldn’t build on that land.In the last 11 years I have seen the river come up as much as 12 feet so there’s nothing anyone could do with it. Pete Hallenbeck: So the lot that has the most of it has nothing build on it now but the people have a structure on the other lot. They are already there and the inconvenience is additional structures are limited to that little bit of space. Glenn Bowles: Yes made by Tony Blake to accept the recommendation of the Planning Director. Seconded by Lisa Stuckey. MOTION : Unanimous VOTE