HomeMy WebLinkAboutAgenda - 05-28-2013 - C13
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ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 28, 2013
Action Agenda
Item No. C.1
SUBJECT: Zoning Atlas Amendment— Baldwin Rezoning
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Zoning Application Packet Michael D. Harvey, Planner III 245 -2597
2. Vicinity Map Craig Benedict, Director 245 -2592
3. Notification Materials
PURPOSE: To hold a public hearing on an owner - initiated general rezoning petition in
accordance with the provisions of the Unified Development Ordinance (UDO).
BACKGROUND: An application was submitted to the Current Planning Division to rezone
approximately 3.36 acre parcel of property:
FROM: EDE -1 (Economic Development Eno Lower Intensity)
TO: EDE -2 (Economic Development Eno Higher Intensity).
Pertinent facts of the application include the following:
Applicant: Alexander Baldwin
100 Baldwin Road
Hillsborough, North Carolina 27278
Agent: Edmund Purcell
Summit Consultants
1000 Corporate Drive, Suite 101
Hillsborough, North Carolina 27278 -8551
Rezoning Location: US Highway 70 East adjacent to, and east of, the Orange County
Alcohol Beverage Control (ABC) store located at 5413 US Highway
70 East.
The parcel subject to the rezoning request does not have an
assigned street address as it is currently undeveloped. Please refer
to Attachment 2 for a vicinity map denoting the subject parcel.
Parcel Information: a. PIN — 9893 -81 -7503.
b. Size of Parcel — 3.36 acres.
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c. Zoning of Parcel -- EDE -1 (Economic Development Eno Lower
Intensity)
d. Township -- Eno
e. Future Land Use Element Map Designation — Economic
Development Transition Activity Node
f. Growth Management System Designation -- Urban.
g. Existing Conditions -- The property is undeveloped and sparsely
vegetated.
h. Access -- The property has direct access onto US Highway 70.
Surrounding Land Uses: a. North — Commercial development (CW Clark property) zoned
EDE -2.
b. East -- Single- family detached residence zoned EDE -1.
c. South — Undeveloped EDE -1 zoned parcel. Southeast portion of
the property abuts a lot within the Whispering Pines single - family
residential subdivision zoned R -1.
d. West — Orange County ABC store zoned EDE -2.
Please refer to Attachment 2 for a vicinity map denoting the subject
parcel and surrounding properties.
Proposal: As detailed within Attachment 1, the purpose of the amendment is to extend the
EDE -2 zoning designation over the property. The applicant believes the EDE -2 zoning
designation is more appropriate for the property given its frontage along US Highway 70 and
represents a logical extension of the district.
According to the application, the EDE -2 zoning designation would increase the marketability of
the property and expand development options independently or in aggregate with adjacent
properties.
Staff Analysis: In accordance with Section 2.8 of the UDO, the Planning Director is required to
`cause an analysis to be made of the application' and pass that analysis on the reviewing body.
In that respect the Planning Director states the following:
1. The application has been deemed complete in accordance with the requirements of
Section 2.8 of the UDO.
2. The property is of sufficient size to be rezoned to the EDE -2 zoning designation.
3. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Future
Land Use Map, the Growth Management System, and the adopted Eno Economic
Development District Area Small Area Plan.
4. The site has no environmental encumbrances.
Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, 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 via certified mail to property owners within 500 -feet of affected
properties; and a sign was posted on the US Highway 70 frontage of the affected property, in
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accordance with State statutes. The notice was mailed on M ay 10, 2013. For additional
information please refer to Attachment 3.
FINANCIAL IMPACT: This rezoning request has been reviewed by County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposal to amend the Zoning Atlas.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendment.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the Board of County Commissioners in time for the September 5, 2013 BOCC regular
meeting.
4. Adjourn the public hearing until September 5, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
APPLICANT INFORMATION:
Date:
Applicant: "-.i (' . [,2 k (" (N,
Address: WC ����(�w�r �,al
Attachment 1
Phone: (_i (e.j 3 ;, �,k'� (, r%
Cell Phone:
E -mail: -N l;: V (, (,.0
"; 't..
PROPERTY SUBJECT T
REQUEST:
Parcel Identification Number (PIN):' �+(
Address of property:
Current Zoning Designation: i_ -
Owner of property:
Requested Zoning Designation
xx If Applicant /Owner are different people, include a signed, notarized, statement indicating that the owner has authorized the
applicant to submit the request. In cases where there are multiple property owners, please attach an additional document
containing their signatures authorizing the submission of the application or other legal documentation establishing the
applicants right to file on their behalf. xx
SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (UDO)
1) A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning Department for a
fee in accordance with the adopted Orange County Fee Schedule
2) A legal description of the property(s) proposed for rezoning
3) A list showing the names and addresses of all adjacent property owners within 500'feet of the subject property.
4) A detailed narrative denoting the following:
a. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request.
b. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable necessary to promote the
public health, safety, and general welfare.
c. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive
Plan,
5) In cases involving amendments to the Special Flood Hazard Area Overlay District, applicants shall supply the following additional
information in accordance with Section 2.8.3 (G) of the UDO:
a. An elevation certificate with either an MT -1, MT -2, or MT -EZ (forms available through FEMA) or
b. A `No- impact' analysis for a letter of map revision
6) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application.
I (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas
Amendme t application and understand only completed applications, containing all information required by the Orange County
UDO shat be reviewed and acted pon by the County. Further I (we) understand that any assistance I (we) may receive from
County st ff in preparing this appli ation in no way guarantees a favorable recommendation by staff on the merits of this proposal
nor does_ ", gilarantee an approval the prqposed atlas amendment by the County.
Applicant
Date:
Applicant Date:
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Article 2:. Procedures
Section 2.8: Zoning Atlas and Unified Dmve Amendments
2.8.1 Review and Approval Flow Chart
The review and approval process for a Zoning Atlas and
Unified Development Ordinance Amendment |e shown hn
the procedure's flowchart.
2.8.2 Amendment Initiation
(A) An amendment to this Ordinance m the Zoning
Atlas may be initiated by:
(1) The Board of County Commissioners on
its own motion;
(2) The Planning Board;
(3) Application, by any person or agency, or
(4) The Planning Director.
(B) |fa request for consideration ofonamendment
proposal im submitted directly to the Board of
County Commissioners, said Board may decline
to consider the request or may refer the
amendment proposal ho the Planning Director for
preparation nfon amendment application.
2.8.3 Contents mtApplication
Applications shall contain the following:
(A) For amendments to the Zoning Atlas:
M\ A map ata legible scale showing the land
which would be covered by the proposed
amendment, and
(2) A legal description of the land.
Zoning Atlas and
UDO Amendments
Staff Assessment
and Analysis
Public Hearing and
Mail Required
Notifications
Hold Public Hearing
and Receive Public
Comments
Planning Board Review
and Recommendation
Decision bwthe BOCC
/EA For amendments to the Unified Development Ordinance text:
(1) A copy o[ the existing text provoion(o) which the applicant proposes for
amendment, and
(2) A written statement which describes in detail the changes the applicant proposes
to make.
(C) The alleged error in the Zoning Atlas and/or Unified Development Ordinance text that
would be corrected by the proposed amendment with a detailed explanation of such error
in the Zoning Atlas and/or Unified Development text and detailed reasons how the
proposed amendment will correct the alleged error;
(U) The changed or changing conditions, if any, in the area or in the County generally, which
makes the proposed Zoning Atlas and/or Unified Development Ordinance text
amendment reasonably necessary topromote the public health, safety and general
(E) The manner in which the proposed Zoning Atlas and/or Unified Development Ordinance
text amendment will carry out the intent and purpose of the adopted Comprehensive Plan
or part thereof; and
/F\ A traffic impact study ae required by Section G.17.
Orange County, NortbCamUnm — UnifiodDevalopmantOrd|nonue Page 2-22
Article 2: Procedures
Section 28 Zoning Atlas and Unified D | t Ordinance Amendments
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining toeLetter
of Map Amendment:
/1\ Am elevation certificate with either anMT-1.yWT'2.orMT-EZ (forms available
through FEMA)'or
(2) A''No-|mpaoC' analysis for e Letter ofMap Revision.
(N) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and/or Unified Development Ordinance text amendment.
2.8~4 Applications for Amendment — Joint Planning Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2'1987' and ao amended from time h)time.
Any text amendments adopted by Orange County shall be adopted by reference aa though fully
set forth herein. Any map amendments adopted by Orange County shall bm officially denoted on
the County Zoning Atlas. Where there |e inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
2.8.5 Anmhmds and Recommendation
The Planning Director shall 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.
2.8.6 Public Hearing Required
/\ public hearing shall bm held before adoption ufany proposed Zoning Atlas Amendment and/or
text amendment to this Ordinance. The Board of County Commissioners and the Planning Board
shall hear applications and receive public comment for Zoning Atlas amendments and/or text
amendments to this Ordinance ina Quarterly Public Hearing.
2.8.7 Notice of Public Hearings
#W Notice of the public hearing to review the application and receive public comment shall be
published at least twice inonewspaper of general circulation in the county, stating the
time and place of the hearing and the substance of the proposed amendment.
(B) Said notice shall appear in said newspaper for two successive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be included, but
the day of the hearing |abobeincluded.
(C) In the case of amendments to the zoning atlas, the Planning Director shall post on the
affected property a notice of the public hearing at least ten days prior to tile date of said
hearing.
(0) In the case of amendments to the Zoning Atlas, written notice shall be sent by certified
mail to the affected property owner and all adjacent property owners not less than 15
days before the public hearing date. Adjacent property owners are those whose names
and addresses are currently listed in the Orange County tax records and whose property
lies within 5DO feet cf the affected property.
(E) If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by
first class mail to all affected property owners and to all adjacent property owners within
500 feet oa provided in(D)above.
Orange County, North Carolina — Unified Development Ordinance Page 2-23
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
(F) The Planning Director shall certify the mailing of all notices hz the Board ofCounty
Commissioners.
2.88 Planning Board Review
bA\ Following the public hearing, amendments shall bo referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings.
(C) If the Planning Board fails to make e recommendation within the time allotted in
subsection (B) above, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(0) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
(E) Evidence not presented at the public hearing may ba submitted h1 writing to the Planning
Board for consideration prior to the Planning Board's recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application es prescribed in Section 2.8.8(C).
(B) |n making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
2.810 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission's revisions to the State's Model Soil Erosions and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments tothe North Carolina Sedimentation Control Commission for its
consideration and comments.
(E8) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments tothis Ordinance for soil erosion and sedimentation control provisions
shall comply with the requirements |n effect for any other text amendment.
2.8.11 Text Revisions Pertaining bmStmrmnvxmterProvisions
(A) The Erosion Control Officer shall review all ofthe State Environmental Management
Commission's revisions to the State's Model 8tonnwober Ordinance and, within 80 days
of receipt of the recommended revisions, submit draft amendments to the State
Environmental Management Commission for its consideration and comments.
(B) Within 150 days after receipt of the State Environmental Management Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
Orange County, North Carolina — Unified Development Ordinance Page 2-24
Article 2: Procedures
Section 2.9: Conditional Districts
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
2.9.1 Conditional
(A) Generally
(1) Any use permitted under the CUD process shall conform to all applicable
development regulations for the corresponding general use zoning district as well
as any specific development standards outlined within this Ordinance,
(2) The Board of County Commissioners, in reviewing a CUD application, may
impose such reasonable conditions upon approval cfa CUD request as will
afford protection nf the public health, safety, and general welfare, ensure that
substantial justice |o done, and ensure equitable treatment.
(3) Only those conditions mutually agreed toby the applicant and the Board of
County Commissioners may bn imposed ona CUD application.
(4) Within the Economic Development Districts (EDDs), there are specific uses that
require approval ufmCUD. These uses are noted on the Table ofPermitted
Uses — Economic Development Districts (Section 5.2).
(B) Applications
Applications to establish a CUD shall be submitted to the Planning Director and shall be
processed in accordance with the pvooedure/m\for:
(1) Zoning Atlas amendment (Section 2.8).
(2) Class /\ Special Use Permit (Section 2.7)'and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) |n addition to the CUD application form, on applicant shall also submit the
following information:
(a) A site plan prepared |n accordance with the provisions of Section 2.S
including the following:
(i) A detailed description of the proposed use of property including
an outline of the proposed operational characteristics ufthe
proposed development,
(ii) /\ detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards aa well aa Section G.17of this Ordinance,
(iii) The appropriate environmental document prepared in
accordance with Section 8.1S|and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) /\ summary o[ utility services, including processing ofwastewater.
/c) A schedule of construction of all elements of the proposal; and
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project's compliance with these
Orange County, North Carolina — Unified Development Ordinance Rage 2-25
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Alexander Baldwin
100 Baldwin Road
Hillsborough, NC' 27278
919 732-4-363
Mr. Craig N. Benedict, AICP
Director, Orange County Planning & Inspections Department
131 West Margaret Lane
Hillsborough, NC' 27278
Subject: &QzotIin,(,), Request-- Pin 4 99896J25-Q-1
Dear Mr. Benedict:
Several, weeks ago, I attended the Economic Development District citizens mecting. I was
very pleased to meet you and, after the meeting adjourned. discuss with you briefly the
parcel of land on Highway 70 that is currently classified as EDD-1.
Please accept this request to rezone the subject parcel of land as described below from
EDD-1 to EDD-2. The parcel is now surrounded on two sides by parcels under ICED -2
zonin . In J'act, in every direction all along Highway 70, the property is zoned EDD-2
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with the exception of this acreage.
I and my family have owned this property for a considerable time. We have not yet
developed the property primarily due to lack of access to public sewer. We have already
paid the City of Durham for public water to the parcel.
I��-' �
Pin 4 9
3.4 Acre Parcel just South and East of intersection of US Hwy
70 and Groucho Road
6 —\vii 7er:
Alexander Baldwin
100 Baldwin Road
Hillsborough, NC 27278
919 732 4363
99898317503
Deed Filing
...........................
Book 3900, Page 583
Legal Description
13 Alexander Baldwin P106/16')
Current Zoning
EDD-I
Total Acres
- 3.39 A
Lot Frontage / Depth
Frontage -- 500 feet / Depth - 300 feet
Alexander Baldwin
Current Land Use
Undeveloped
Zoning Request
Change to EDD -2
Proposed land use
Flex space — office 1 warehouse; light industrial use permitted
under EDD2
Number of lots
Water supply
Existing-public — City of Durham
Proposed sewage
Future public — City of Durham if available. If future public
treatment
system will not be available in foreseeable future will consider
septic or other permittable system on advice of Health
Department
Access
US Hwy 70
Adjacent land use
EDD2 to the North and East: flex space, NC State ABC store;
Construction yard; Contractor Equipment Repair and Offices
DDI to the South and West: commercial buildings housing
hat appears to be mechanical contractor; undeveloped
Page 2 of 4
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Return to Agenda
Alexander.Baldwin
We have gained a great deal of experience in the last 3 -1 years in understanding the
demand for development in the Eno [`DD. Through the experience described below, we
have determined that there is considerable demand for flex space to be used by light
industrial and service industries at the location of'our property. We have seen no interest,
in its use as office space for doctors or attorneys or as a child care facility. etc. As you are
aware, these are some of the uses allowed currently under the 1,J)D- I classification.
We believe the most likely and promising opportunity for developing our property is for
its use as flex space zoned EDD-2 and able to be by service industry, for example a
contractor or as a regional service center. We see no opportunity to develop our parcel
Z.1�1 I
even in the reasonable future zoned as EDD-1,
In the last several years we have renovated and upgraded an adjacent lot as flex space and
since the renovation have had considerable interest, from organizations wanting to rent the
facility. We have been able to continuous rent the property, first to a geotechnical drilling
contractor and currently to a towing company providing towing services primarily to the
NC-' State Highway Patrol,
We also collected considerable inibi-mation supporting the interest in flex space with
fenced yard as the subject property was listed as "build to suit." for the last number of
years. To date the lack of public sewer has restricted our ability to carry through with any
development approaches.
We believe that changing the zoning of this parcel to E'DD-2 certainly complies with the
purpose of the Comprehensive Plan and Economic Development Districts to foster
responsible industrial and commercial development in Orange County in a reasonable
time frame.
you for your attention to this important matter. Please do not hesitate to contact us
i�1170 have any questions or require any additional information,
Baldwin
cc: Mr, Michael I farvey
Page 3 of 4
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Alexander G. Baldwin
100 Baldwin Road
Hillsborough, NC 27278
919 732-4363 919 932-0683
Please allow Edmund Purcell of Summit Engineering to act on our behalf regarding the
property on Highway 70 - PIN No. #99898317503, We are away from the area from
time to time and we would like for Edmund Purcell to represent us about zoning issues
that pertain to this property.
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/It- %IAIIT \/ R A A rl M A 1 r1 \A /IA1 17-1 r- 7r'1AIIAIn
+N 1 inch = 250 feet
o0
Orange County Planning and Inspections Department
4/12/2013
Return to Agenda
Attachment 3
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
0 ��q4e , C.111rA
Administration 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us ' ° < <h ° < °`` °� Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Michael D. Harvey, Current Planning Supervisor with 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
application submitted by Mr. Alexander Baldwin requesting the rezoning of a parcel of
property adjacent to the Orange County ABC Store, with a street address of 5413 US
Highway 70 East, further identified utilizing the Orange County Parcel Identification Number
(PIN) 9893 -81 -7503:
FROM: EDE -1 (Economic Development Eno Lower Intensity)
TO EDE -2 (Economic Development Eno Higher Intensity).
The owners were identified according to the Tax Records and as required by Section 2.8.7
of the Orange County Unified Development Ordinance.
The mailed notice specified the date, time, place and subject of the Public Hearing.
WITNESS my hand, this 10" day of May 2013.
� is a ey, AICP
Current Pla ping Supervisor
16
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ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning r� 131 West Margaret Lane
(919) 245 -2575 P O Box 8181
(919) 644 -3002 (FAX) Hillsborough,
www.co.orange.nc.us ��o �ti�� North Carolina, 27278
rf� �aCo
May 10, 2013
RE: NOTIFICATION of PUBLIC HEARING to review an application to amend the
ORANGE COUNTY ZONING ATLAS.
To Whom it May Concern:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a JOINT PUBLIC HEARING to review an application
submitted by Mr. and Mrs. Alexander and Ellen Baldwin to change the zoning designation on
their property off of US Highway 70 East in the Eno Township of Orange County.
Specifically, in accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO),
Mr. and Mrs. Baldwin have submitted an application seeking to rezone a 3.36 acre parcel of
property along US Highway 70 (PIN 9893 -81 -7503)
FROM: EDE -1 (Economic Development Eno Lower Intensity)
TO EDE -2 (Economic Development Eno Higher Intensity).
The parcel does not have an assigned street address but is located adjacent to the Orange
County ABC Store.
According to the application, Mr. Baldwin is requesting the rezoning to provide
additional development opportunities for the parcel as well as have this parcel's zoning
designation consistent with the zoning of adjacent property.
The property subject to this petition is located within the Economic Development
Transition Activity Node as denoted on the Future Land Use Map of the Comprehensive Plan
and the Urban Designated Area as denoted on the Growth Management System Map.
According to County and State law, we are obligated to notify all property owners within
500 feet of a parcel being rezoned of the public hearing date and time. You are receiving this
notice because your property falls within this prescribed area. Interested persons are invited to
HN
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 17, 2013:
http://www.co.orange.nc.us/planning/SpecialProjects.asp
The PUBLIC HEARING will be held at the Department of Social Services, Hillsborough
Commons Shopping Center, located at 113 Mayo Street, Hillsborough North Carolina on
Tuesday May 28, 2013 at 7:00 p.m. If you require additional assistance, or have questions,
please contact staff at (919) 245 -2575.
Sincerely,
kD. Mich t1CP, CFO, CZO
Current Planning Supervisor
Planner III
Orange County Planning
/In IA11T\/ RA n n P9 A 1 MAA11KI nr7/1AIIAIn
Orange County Planning and
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23
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 28, 2013
Action Agenda
Item No. C.2
SUBJECT: Orange - Alamance Boundary Land Use and Zoning Atlas Amendments
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1. Comprehensive Plan and Zoning Atlas
Amendment Outline Form (CP & Zoning
2013 -01)
2. North Carolina Session Law 2012 -108
3. Map of Impacted Properties
4. Notification Materials
PUBLIC HEARING: (Y /N) Yes
INFORMATION CONTACT:
Michael D. Harvey, Planner III (919) 245 -2597
Craig Benedict, Director (919) 245 -2575
PURPOSE: To hold a public hearing on a Planning Director initiated amendment to the Orange
County 2030 Comprehensive Plan Future Land Use Map and the Zoning Atlas to establish
zoning and I and use categories for lots being located within Orange County's planning
jurisdiction in conjunction with the formalization of the Orange - Alamance county line.
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 (see Attachment 2).
These amendments seek 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.
Notification Procedural Requirements: Section C.2 of Attachment 1 provides a breakdown of
the notice requirements observed for this project as required by Section 2.8.7 of the Unified
Development Ordinance (UDO). Attachment 4 contains the certificate of mailing for the project.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the proposal to amend the Orange County Comprehensive Plan Future Land
Use Map and the Zoning Atlas.
24
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the June 18, 2013 BOCC regular
meeting.
4. Adjourn the public hearing until June 18, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
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.
Text Amendments
❑ Comprehensive Plan Text-
Section(s)- N/A
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s): N/A
❑ Other: N/A
O
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
25
26
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, identified utilizing Parcel Identification Numbers (PIN) data
provided by the Orange County Tax Administration department, are subject to this
request:
1. 9920461659
4. 9920461234
7. 9920461170
10. 9920461843
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: / /oranpecountync.pov /OCCL S/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: http: / /oranpecountync.pov /OCCL S/111121c2.pdf.
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.
2
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. 5 of these properties are located within the Back Creek Protected
Watershed Protection Overlay District.
This proposal will extend the overlay district consistent onto the portions of
the subject properties now located within our planning jurisdiction,
specifically those properties with the following PIN Numbers-
1. 9920-46-1170
9920 -46 -1550
9920 -47 -1131
9920 -46 -1843
9920 -46 -1967
3. 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
existing general use and overlay district zoning designations and land use
categories 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
3
27
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
Session Law 2012 -108. Senate Bill 201 (AKA the 9% Bilh-
` 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:
F.
W
June 5, 2013 (for recommendation)
b. Advisory Boards:
N/A
c. Local Government Review:
Alamance County: Alamance County
reviewed the proposal and expressed
no concerns to staff.
d. Notice Requirements
Process consistent with NC State Statutes and Orange County ordinance
requirements.
e. Outreach:
® General Public: Open House: An open house was held on April 22, 2013 to
allow impacted property owners to review staff's
recommendation(s).
Staff sent out letters via first class mail informing property
owners of the meeting on April 12, 2013.
No one attended the open house and staff received no
inquiries.
Public Hearing: Notification letters were sent via first class
mail to impacted property owners prior to quarterly public
hearing, no later than May 10, 2013 in accordance with
Section 2.8.7 of the UDO.
Letters were also 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.
❑ Small Area Plan Workgroup:
❑ 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
5
29
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
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.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
30
Attachment 2
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,
31
(2)
(3 )
(4)
(5 )
(6)
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.
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.
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.
Beginning January 1, 2014, all property in areas affected by the resurvey of
the boundary line that 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
county.
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.
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
32
Page 2 Session Law 2012 -108 House Bill
33
G.S. 105 - 352(4) 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 House, State Senate, and United States
House 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 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, 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,
House Bill 1090 Session Law 2012 -108
34
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 House of Representatives
Page 4 Session Law 2012 -108 House Bill
USGS Water Feature O Parcels Zoning 0 100 YR Floodplain (Effective 02/02/07)
Soils Survey urve Water Feature I�iiiiuiVl Township ® City Limits llll Floodway (Effective 02/02/07)
ME OC Updated Water Feature I �i� School System Boundary O ETJ I ,i 500 YR Floodplain (Effective 02/02/07)
Water Body Contours Conservation Easements D Buildings
HFiy� Held by Others 1 inch = 208.333 feet
I I River Basins ��11Yh/%County Boundary Water and Sewer Boundary
Watershed Soils Orange County 0 80 16,
Conservation Easements
Attachment 4
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us ' °��b ° < °`''° Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Section(s) 2.3.6 and 2.8.7 of
the Orange County Unified Development Ordinance I have mailed, or have caused to be
mailed, a Notice of Public Hearing via first class mail to be held regarding the processing of
a County initiated Zoning Atlas and Future Land Use Map Amendments involving 11 parcels
of property along Eliza lane in the Cedar Grove Township of Orange County being located
within the County's planning jurisdiction as a result of the Orange - Alamance County Line
Adjustment project consistent with Session Law Session Law 2012 -108 (commonly referred
to as the `9% line') enacted by the North Carolina General Assembly on June 28, 2012.
The owners were identified according to the Tax Records and as required by Section 2.8.7
of the Orange County Unified Development Ordinance.
The mailed notice specified the date, time, place and subject of the Public Hearing.
WITNESS my hand, this 10" day of May 2013.
Michae y, AICP
Current Planning Supervisor
36
37
?1'0?e-1y oww r\vfc6ce,4ta -•
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 644 -3002 (FAX)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
May 10, 2013
RE: NOTIFICATION of PUBLIC HEARING to review the extension LAND USE
AND ZONING DESIGNATION(S) to those properties affected by the Orange -
Alamance County Line Correction.
Dear Property Owner:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a JOINT PUBLIC HEARING to extend Land Use and
Zoning Designations to those properties affected by the Orange — Alamance County Line
revision.
Specifically, in accordance with the provisions of Section 2.3 Comprehensive Plan
Amendments; and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the
Orange County Unified Development Ordinance (UDO), the Planning Director has submitted an
application seeking to extend land use and zoning designations to those properties, or portions thereof,
that are now located in Orange County as a result of changes in the location of the Orange — Alamance
County line consistent with Session Law 2012 -108 (commonly referred to as the `9% line')
enacted by the North Carolina General Assembly on June 28, 2012.
The request involves establishing zoning and land use categories for the following 11 parcels
of property along Eliza Lane within the Cedar Grove Township of Orange County:
1. 9920 -46 -1659
2. 9920 -47 -1321
3. 9920 -46 -1622
4. 9920 -46 -1234
5. 9920 -45 -1933
6. 9920 -46 -1356
7. 9920 -46 -1170
8. 9920 -46 -1550
9. 9920 -47 -1131
10. 9920 -46 -1843
11. 9920 -46 -1967
Portions of these properties were already located within the County's planning jurisdiction and
had land use and general use zoning district designations, specifically the Agricultural Residential
Land Use Category and the Agricultural Residential (AR) zoning district, already assigned to them.
99
Staff is recommending that these same, existing, designations be extended on those portions of
property now being located within the County's planning jurisdiction as a result of the re- alignment of
the Orange /Alamance County Line.
Staff is also recommending the extension of the Back Creek Protected Watershed Protection
Overlay District on the following 5 properties, consistent with existing zoning designations:
9920 -46 -1170 9920 -46 -1550 9920 -47 -1131
9920 -46 -1843 9920 -46 -1967
The rationale for this decision is that the aforementioned properties, already partially zoned by
Orange County, currently have the zoning and land use designation of Agricultural Residential and, at
least in 5 instances, are encumbered by the Back Creek Protected Watershed Protection Overlay
District. This proposal merely seeks to extend existing zoning and land use designations onto those
portions of property now located within Orange County as the result of the memoiialization of the
Orange Alamance County line.
For properties located within both this specific zoning and land use designations, residential
and agricultural uses or actives are considered to be the accepted and permitted land uses for
development.
As the property owner, you have a right to comment on the proposal. The
aforementioned public hearing scheduled to review this request shall occur on Tuesday May 28,
2013 at 7:00 p.m. at the Department of Social Services, Hillsborough Commons Shopping
Center, 113 Mayo St. Hillsborough, North Carolina.
If you have any questions concerning this request, please contact staff at (919) 245 -2575.
Sincerely,
-4L
Michael e P, CFO, CZO
Current Planning Supervisor
Planner III
Orange County Planning
39
USGS Water Feature O Parcels CM Zoning D 100 YR Floodplain (Effective 02/02/07) (�J
Soils Survey Water Feature Township M City Limits f: > >` Floodway (Effective 02/02/07)
EN OC Updated Water Feature School System Boundary O ETJ ® 500 YR Floodplain (Effective 02/02/07)
= Water Body Contours Conservation Easements O Buildings
= River Basins l County Boundary Held by Others Water and Sewer Boundary 1 inch = 208.333 feet
�1-��l tY ry ry
MR Watershed Soils Orange County 0 80 180 320
a ®®
Conservation Easements Feet
e�6r � art
M
* - 4 djt- ter,( rpc -41 W" Cr n0fc %taf01k,
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning 131 West Margaret Lane
(919) 245 -2575 ,7 sz P O Box 8181
(919) 644 -3002 (FAX)' Hillsborough,
www.co.orange.nc.us ��or.T �,fio- North Carolina, 27278
� YLQCA
F i rig®
May 10, 2013
RE: NOTIFICATION of PUBLIC HEARING to review the extension LAND USE
AND ZONING DESIGNATION(S) to those properties affected by the Orange -
Alamance County Line Correction.
To Whom it May Concern:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a JOINT PUBLIC HEARING to extend Land Use and
Zoning Designations to those properties affected by the Orange — Alamance County Line
revision.
Specifically, in accordance with the provisions of Section 2.3 Comprehensive Plan
Amendments; and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the
Orange County Unified Development Ordinance (UDO), the Planning Director has submitted an
application seeking to extend land use and zoning designations to those properties, or portions thereof,
that are now located in Orange County as a result of changes in the location of the Orange — Alamance
County line consistent with Session Law 2012 -108 (commonly referred to as the `9% line')
enacted by the North Carolina General Assembly on June 28, 2012.
The request involves establishing zoning and land use categories for the following 11 parcels
of property along Eliza Lane within the Cedar Grove Township of Orange County:
1. 9920 -46 -1659
2. 9920 -47 -1321
3. 9920 -46 -1622
4. 9920 -46 -1234
5. 9920 -45 -1933
6. 9920 -46 -1356
7. 9920 -46 -1170
8. 9920 -46 -1550
9. 9920 -47 -1131
10. 9920 -46 -1843
11. 9920 -46 -1967
Portions of these properties were already located within the County's planning jurisdiction and
had land use and general use zoning district designations, specifically the Agricultural Residential
Land Use Category and the Agricultural Residential (AR) zoning district, already assigned to them.
41
Staff is recommending that these same, existing, designations be extended on those portions of
property now being located within the County's planning jurisdiction as a result of the re- alignment of
the Orange /Alamance County Line.
Staff is also recommending the extension of the Back Creels Protected Watershed Protection
Overlay District on the following 5 properties, consistent with existing zoning designations:
9920 -46 -1170
9920 -46 -1550
9920 -47 -1131
9920 -46 -1843
9920 -46 -1967
The rationale for this decision is that the aforementioned properties, already partially zoned by
Orange County, currently have the zoning and land use designation of Agricultural Residential and, at
least in 5 instances, are encumbered by the Back Creek Protected Watershed Protection Overlay
District. This proposal merely seeks to extend existing zoning and land use designations onto those
portions of property now located within Orange County as the result of the memorialization of the
Orange Alamance County line.
For properties located within both this specific zoning and land use designations, residential
and agricultural uses or actives are considered to be the accepted and permitted land uses for
development.
According to County and State law, we are obligated to notify all property owners within
500 feet of a parcel being rezoned of the public hearing date and time. You are receiving this
notice because your property falls within this prescribed area. The zoning of property, and the
assignment of a land use category, will not have an impact on your property or alter the manner
in which your property can be developed. We are, however, obligated to inform you of the
hearing date and time and invite you to attend.
The PUBLIC HEARING will be held at the Department of Social Services, Hillsborough
Commons Shopping Center, located at 113 Mayo Street, Hillsborough North Carolina on
Tuesday May 28, 2013 at 7:00 p.m. If you require additional assistance, or have questions,
please contact staff at (919) 245 -2575.
Sincerely,
Mich Ha e ICP, CFO, CZO
Current Planning Supervisor
Planner III
Orange County Planning
42
USGS Water Feature M Parcels M Zoning = 100 YR Floodplain (Effective 02/02/07) N
Soils Survey Water Feature („;J Township EM City Limits Floodway (Effective 02/02/07)
ON OC Updated Water Feature B®nP School System Boundary = ETJ ® 500 YR Floodplain (Effective 02/02107)
r Q Water Body Contours Conservation Easements D Buildings
Held b
O River Basins [L_.?? County Boundary He y Others Water and Sewer Boundary
Watershed * ®o Soils Orange County
5c EM Conservation Easements
1 inch = 208.333 feet
0 80 160 320