HomeMy WebLinkAboutAgenda - 02-05-2013 - 7aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 5, 2013
Action Agenda
Item No. 7 -a
SUBJECT: Comprehensive Plan and Zoning Atlas Amendment Outline and Schedule for
Upcoming Item — Orange - Alamance County Line Adjustment
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) I No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Zoning Atlas Michael D. Harvey, Planner III, (919) 245 -2597
Amendment Outline Form (CP &Zoning Craig Benedict, Director, (919) 245 -2575
2013 -01)
2. North Carolina Session Law 2012 -108
3. Map of Impacted Properties
PURPOSE: To consider and approve processes components and schedule for a Planning
Director initiated item for amendments to the Comprehensive Plan Future Land Use Map and
Zoning Atlas related to the finalization of the Orange - Alamance County Line, currently
scheduled for the May 28, 2013 Quarterly Public Hearing
BACKGROUND: For the last several years both Orange and Alamance counties, in
coordination with the State legislature, have worked to comprehensively address
inconsistencies associated with the location of the county boundary line.
In May of 2011 the General Assembly adopted Session Law 2011 -88, which resolved
approximately 91% of the county line issues. The remaining disputed area (i.e. the 9% area)
was resolved with the passage of Session Law 2012 -108 in June of 2012.
This item seeks to complete work on the project by addressing land use and zoning
designations for properties associated with Session Law 2012 -108. Please refer to Section B.1
of Attachment 1 for additional information.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline Form and direct staff to proceed accordingly.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
CP & Zoning 2013 -01
May 28, 2013 Quarterly Public Hearing:
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 atlas map amendment to
assign land use and general use zoning district designations to 11
parcels along Eliza Lane, located within the Cedar Grove Township,
either wholly or partially located in Orange County's planning jurisdiction
as a result of the changes to the Orange - Alamance County Line.
Other: N/A
B. RATIONALE
1. Purpose /Mission
The purpose of this amendment is to establish land use and zoning categories for 11
partially zoned properties recently added to the County's planning jurisdiction as a
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result of the Orange - Alamance County Line Adjustment project consistent with
Session Law 2012 -108 (commonly referred to as the `9% line') enacted by the North
Carolina General Assembly on June 28, 2012. A copy of the Session Law is
contained within Attachment 2.
The following properties,
provided by the Orange
request:
1. 9920461659
4. 9920461234
7. 9920461170
10. 9920461843
identified utilizing Parcel Identification Numbers (PIN) data
County Tax Administration department, are subject to this
2. 9920471321 3. 9920461622
5. 9920451933 6. 9920461356
8. 9920461550 9. 9920471131
11. 9920461967
Please refer to Attachment 3 for maps of the aforementioned properties.
It should be known there are three parcels along Eliza Lane located within both
Orange and Caswell County. Planning staff, in coordination with the Manager's
office, will be contacting Caswell County to ensure tax and service issues are
properly addressed for these parcels.
Disputes over the actual location of the Orange - Alamance County line date back to
its creation in 1849. Both counties have worked to resolve the problem and took the
necessary steps, in consultation and coordination with our State legislative partners,
to address the majority of the issue with the adoption of Session Law 2011 -88
enacted by the North Carolina General Assembly on May 25, 2011. This law
addressed approximately 91 % of the boundary line dispute between the counties.
The County took action to assign land use and zoning designations to impacted
properties (i.e. moved into our planning jurisdiction) associated with the passage of
Session Law 2011 -88 at its December 13, 2011 regular meeting. Agenda materials
for this meeting can be viewed
at: http:// orangecountvnc .qov /OCCLERKS /1112137a.pdf.
Additional information on this portion of the project can be obtained by reviewing the
agenda packet from the November 21, 2011 Quarterly Public Hearing
at:
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 to assign land use and zoning designations to those properties
associated with the formalization of the county boundary line consistent with Session
Law 2012 -088.
0,
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 identified properties are already partially assigned a land use and
zoning district designation, specifically they are zoned Agricultural
Residential (AR) and are 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 order to be consistent with the existing development patterns in the area, and the
current zoning /land use designation of the parcels, staff is recommending extending
the AR zoning district designation and the Agricultural Residential Land Use
Category on those portions of property recently added to our planning jurisdiction.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This project is a house keeping item necessitated by the change in the Orange -
Alamance County line location. 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
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.
4. New Statutes and Rules
3
61
Session Law 2012 -108, Senate Bill 201 (AKA the 9% Bill:
` An Act to establish the remaining nine percent of the common boundary between
Alamance County and Orange County not addressed by Session Law 2011 -88 and
as authorized by the 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. `
This proposal will complete our work on the project and serve as concluding our
efforts with respect to finalizing the boundary line for Orange and Alamance county.
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements. Additionally, staff will hold one open house
on April 22, 2013 to review the proposal with impacted property owners.
a. Planning Board Review:
June 5, 2013 (for recommendation)
b. Advisory Boards:
N/A
c. Local Government Review:
Alamance County: completed by April
3) 2013
d. Notice Requirements
Process consistent with NC State Statutes and Orange County ordinance
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Eel
requirements.
e. Outreach:
® General Public: Notification letters shall be sent via first class mail to
impacted property owners prior to quarterly public hearing,
no later than May 13, 2013 in accordance with Section
2.8.7 of the U DO.
Postcards sent to all property owners within 500 feet of
those parcels subject to rezoning informing them of the
public hearing in accordance with Section 2.8.7 of the UDO.
Open House: An open house will be held on April 22, 2013
to allow impacted property owners to review staff's
recommendation (s).
F-1 Small Area Plan Workgroup:
F-1 Other:
3. FISCAL IMPACT
Expenditures for this project will be paid using Departmental funds budgeted for the
specific activity. Expenditures include:
• 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 desianation or zonina before in Alamance Countv.
E. SPECIFIC AMENDMENT LANGUAGE
Actual Ordinance amending both the official Zoning Atlas and Future Land Use Map of
the Comprehensive Plan shall be prepared for the Planning Board's review at its June 5,
2013 regular meeting and for review and action by the BOCC at its June 18, 2013
meeting.
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Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
Attachment 2
E:]
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012 -108
HOUSE BILL 1090
AN ACT TO ESTABLISH THE REMAINING NINE PERCENT OF THE COMMON
BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY NOT
ADDRESSED BY SESSION LAW 2011 -88 AND AS AUTHORIZED BY THE
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.
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(a) entitled
"Uncertain or Disputed Boundary ", both county boards of commissioners passed resolutions
(Alamance County, December 17, 2007 and Orange County, January 18, 2008) to request that
North Carolina Geodetic Survey perform a preliminary resurvey and present a proposed map
for consideration by both counties.
SECTION 2. In the 2011 session, the General Assembly, through S.L. 2011 -88,
ratified and adopted ninety -one percent (91%) of the boundary line between Alamance County
and Orange County. Also in the 2011 session, the General Assembly, through S.L. 2011 -87,
authorized the boards of commissioners of Alamance County and Orange County to determine
the most appropriate location for the remaining nine percent (9 %) of the boundary line.
SECTION 3. The General Assembly recognizes the difficulties in addressing the
issues associated with adopting a county boundary line and authorizes Alamance County and
Orange County to maintain the current taxing, elections, education and any other recognized
government functions in place in the transition areas affected by this act, if so needed, until July
1, 2013.
SECTION 4.(a) Except as otherwise provided in this act, on and after January 1,
2013, all papers, documents, and instruments required or permitted to be filed or registered,
involving residents and property in areas affected by the resurvey of the boundary line, which
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) On and after January 1, 2013, all real and personal property in
areas affected by the resurvey of the boundary line that was subject to ad valorem taxation on
January 1, 2013, shall be subject to ad valorem taxes in the county to which the property is
reassigned for the fiscal year beginning July 1, 2013, to the same extent as it would have been
had it been correctly recognized by the tax departments of each county on March 1, 2013,
except as hereinafter provided with respect to classified registered motor vehicles. On
September 1, 2012, the adjoining county tax administrators shall commence the transfer to the
respective county tax assessors the ad valorem tax listings and valuations for all real and
personal property subject to ad valorem taxation in areas affected by the resurvey of the
boundary line, except classified motor vehicles which were registered in the adjoining counties
prior to July 1, 2012. For the fiscal year that begins July 1, 2012, 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, 2013, shall be assessed and taxed as follows:
(1) The ad valorem property taxes assessed on all classified registered motor
vehicles registered or listed in adjoining counties between January 1, 2012,
11111 111 111 111 11111 111111111 11111111111 11111111
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and March 1, 2013, shall be collected by the appropriate adjoining 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,
2013, shall be assessed and collected by 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 adjoining county 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 year beginning July 1, 2013. All such taxes shall be
assessed and collected by the appropriate county tax department.
(3) For the interim time period between the reassignment of properties into their
respective counties and until such time as the next regularly scheduled
revaluation period, Alamance County and Orange County may select either
of two methods of valuating the property reassigned into their respective
counties by this act. The selection of either method by a county shall not
give any individual or entity grounds for challenging 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 applying 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 by applying
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
county.
b. The values established by the adjoining county 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 adjoining county. The valuation of such property shall then be
revalued according to the regularly scheduled revaluation period for
each county.
(4) Beginning January 1, 2014, all property in areas affected by the resurvey of
the boundary line that is subj ect 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
county.
(5) 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, 2014, shall be
determined by the adjoining county tax administrator. Appeals to the North
Carolina Property Tax Commission or to the courts by property owners of
properties affected by the boundary line change shall be defended by both
counties, and both counties shall be responsible for the counties' costs and
expenses, including attorneys' fees, incurred in connection with such
appeals.
(6) Any unpaid taxes or tax liens for the fiscal year ending June 30, 2013, 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 adjoining county, 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 2012 on or before July 1, 2013.
Any such taxes collected by either county shall be promptly paid to the
appropriate adjoining county including accrued interest. The provisions of
Page 2 Session Law 2012 -108 Douse Bill 1090
10
G.S. 105- 352(d) shall not apply to (i) those areas in adjoining county
previously taxed by either county outside the areas affected by the resurvey
of the boundary line, that shall forthwith be properly 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.(c) No cause of action, including criminal actions, involving persons
or property in areas affected by the resurvey of the boundary line that is pending on July 1,
2013, 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 occurred.
SECTION 4.(d) The board of elections of each adjoining county shall, effective
July 1, 2013, 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. Persons in areas affected by the resurvey of the
boundary line shall continue to be in the same State Douse, State Senate, and United States
Douse of Representatives Districts as they were prior to the resurvey.
SECTION 4.(e) The Jury Commission of each adjoining county shall revise its
jury lists to add to or eliminate therefrom those persons subj ect to jury duty who reside in areas
affected by the resurvey of the boundary line, said revised jury lists to be effective July 1, 2013.
SECTION 5.(a) Any properties affected by S.L. 2010 -61 or this act and that are
subject to taxation under G.S. 105-274 and that were taxed by both the Alamance County and
Orange County taxing authorities on or after January 1, 2007, are hereby granted the following
relief:
(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, 2012. 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, 2013. Should a claim for relief pursuant to this section not be
made by February 28, 2013, 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, 2013, 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 pursuant to this section.
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
of this act becoming 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. Any child who was a resident of any area reassigned by this act on its
date of ratification and who was a student in the Orange or Alamance school system during the
2011 -2012 school year, and the siblings of any such person, may attend school in the same
school system attended in the 2011 -2012 school year without necessity of a release or payment
of tuition. 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,
Douse Bill 1090 Session Law 2012 -108 Page 3
11
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 sole 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, governmental entity or agency of any type or kind for any damages, costs, fees, or fines,
and or 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, S.L. 2011 -88,
or this act and /or the adoption of a fixed boundary line separating the two counties. Except as
set out in Section 5 of this act, and effective upon this act becoming law, Alamance County and
Orange County, 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, S.L. 2011 -88, or S.L.
2010 -61, and no further relief shall be granted or cause of action sustained except as provided
herein.
SECTION 8. Should any provision of S.L. 2010 -61, as amended by S.L. 2011 -88,
conflict with any provision of this act, the provisions of this act shall control. Should any line
marking the area of the nine percent (9 %) reflected in the surveys referenced herein conflict
with any line shown on the surveys describing the area of the ninety -one percent (91%), the
surveys marking the area of the nine percent (9 %) shall control.
SECTION 9. 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, save and except the ninety -one
percent (91%) of the boundary line adopted by S.L. 2011 -88, is modified as set forth herein
upon ratification of this act.
SECTION 10. Pursuant to Section 1 of Article VII of the North Carolina
Constitution, the official boundary line regarding the remaining nine percent (9 %) of the line
separating Alamance County and Orange County, as recommended by the Alamance County
Board of Commissioners at its meeting of December 6, 2010, and the Orange County Board of
Commissioners at its meeting of December 14, 2010, is hereby formally recognized and
adopted by the General Assembly.
SECTION 11. Upon adoption, the survey plats reflecting the boundary line shall
be filed with the Alamance County Register of Deeds, with the Orange County Register of
Deeds, and in the office of the Secretary of State as provided in G.S. 153A- 18(a).
SECTION 12. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of June,
2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the Douse of Representatives
Page 4 Session Law 2012 -108 Douse Bill 1090
Attachment 3
Z I
Area to.be zoned AR and assigned�"
ANGERS waY Agricultural Residential land use '
designation
Hyco Creek
Unprotected Watershed
BackkF Creek
Prote tc ed Watershed
gild
Ix B
i
1lamance .
County; p g
♦` Data shown on this ma is obtained from Orange Count
GIS and is for reference only.
Exact locations and boundaries should be verified.
Jig& Map prepared by Orange County Planning & Inspections.
USGS Water Feature O Parcels Zoning ® 100 YR Floodplain (Effective 02/02/07) IN
Soils Survey Water Feature (::j Township City Limits M Floodway (Effective 02/02/07)
M OC Updated Water Feature IC:! School System Boundary O ETJ TJ 500 YR Floodplain (Effective 02/02/07)
Water Body Contours Conservation Easements 0 Buildings
Held by Others 1 inch = 208.333 feet
O River Basins =county Boundary ® Water and Sewer Boundary
Watershed �;ti Soils - Orange County 0 80 160 320eet
Conservation Easements