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HomeMy WebLinkAboutORD-2012-035 Ordinance Amending the Zoning Atlas to apply the Special Overlay Districts to Parcels Associated with the Orange-Alamance County Line Adjustment Ordinance #: 2012-035 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 ten parcels 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 in the Flood Insurance Rate Map (FIRM), effective February 2, 2007 and specifically described as that portion of property with the following Orange 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 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: a. 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. b. 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, 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 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 o Co missioner seconded by Commissioner M -, the foregoing j ordinance was adopted this day of Z- 2012. 1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the fore oing is a true copy of so much of the proceedings of said Board at a meeting held on A.4 A_,�- 7 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. INA SEAL artb Clerk to the Board of Commissioners parameters for expediting and simplifying the process that may be more closely conformed to the simplest zoning and land use that relates to their property. VOTE: UNANIMOUS Commissioner Gordon reiterated it was very important they come back with the overall parameters without coming back with properties at the same time. e. Zoning Atlas Amendment— Merritt Rezoning Glen Bowles with the Planning Department stated Merritt Rezoning is very similar to the Woods matter. It's a split zone with the two parcels directly to the west. They also join the utility easement to the north and a convenience store to the west which is also zoned NC2. He requested the Board consider the Planning Director's and Staff's recommendation, the recommendation of the Planning Board from their June 6th meeting, they close this public hearing, and take the appropriate action to approve this. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee, to close the public hearing and approve the Planning Director's and Staff's recommendation, and approve an owner- initiated Zoning Atlas Amendment to rezone approximately 0.83 acres of land on 2 parcels of property from Rural Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified Development Ordinance (UDO)as contained in Attachment 3. VOTE: UNANIMOUS f. Zoning Atlas Amendment—Application of Special Flood Hazard Overlay District to Parcels Associated with the Orange-Alamance County Line Adiustment Glen Bowles said because of the shifting in and out of the line along the common border with Alamance County, some flood hazard areas came into the county and some went out into Alamance County. They had to rezone and place the flood hazard overlay district upon that. They have three areas of the county involved and although there was not very much land involved, they still had to go through the process of rezoning them. He asked the Board to consider the recommendation for approval by the Planning Staff and Planning Board, close this public hearing, and take appropriate action. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz, to close the public hearing and approve a Planning Director initiated Zoning Atlas Amendment to apply the Special Flood Hazard Area (SFHA) Overlay District designation on parcels associated with the revised Orange- Alamance County line as contained in Attachment 3. VOTE: UNANIMOUS 7. Regular Agenda a. Conservation Easement for Thompson Farm Rich Shaw, Land Conservation Manager with the Department of Environment, Agriculture, Parks and Recreation (DEAPR)stated that Mr. Thompson could not be present. However, Mr. Thompson's attorney, Andrew Brannon, was present. Mr. Shaw told the Board Orange County is collaborating with other property owners to complete an agricultural conservation easement on the Thompson farm. The Thompson farm is 57 acres and is located in the northwestern part of Orange County in the Cedar Grove community on Allie Mae Road. He displayed an aerial view of the property. This showed a variety of crop land and impoundments used to raise fresh water prawns. Mr. Shaw displayed a photograph of Joe Thompson who was recognized as Small Farmer of the Year two years ago. Mr. Thompson is a member of the Agricultural Preservation Board and his farm is enrolled in the voluntary agricultural district program. For 20 years, he and his wife, Geraldine, raised tobacco on this farm but have converted the farm to raise fresh water prawns and have been very successful. Mr. Shaw displayed various photo views of the farm, some of the infrastructure. The I I