HomeMy WebLinkAboutAgenda - 06-18-2013 - 6b 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 18, 2013
Action Agenda
Item No. 6-b
SUBJECT: Orange-Alamance Boundary Land Use and Zoning Atlas Amendments - Public
Hearing Closure and Action (No Additional Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Approved May 28, 2013 Quarterly Michael D. Harvey, Planner III, (919) 245-2597
Public Hearing Legal Ad and Map of Craig Benedict, Director, (919) 245-2575
Subject Properties
2. Comprehensive Plan/Future Land Use
Map and Unified Development
Ordinance (UDO) Amendment Outline
(CP 2013-01)
3. Resolution Amending Comprehensive
Plan Future Land Use Map
4. Resolution Concerning Statement of
Consistency of a Proposed Zoning Atlas
Amendment with the Adopted Orange
County 2030 Comprehensive Plan
5. An Ordinance Amending the Orange
County Zoning Atlas
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on Planning Director initiated map amendments to the 2030 Comprehensive
Plan Future Land Use Map and the Zoning Atlas to extend land use categories and zoning for
parcels being located within Orange County's planning jurisdiction in conjunction with the
formalization of the Orange-Alamance county line.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the May 28, 2013
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
BACKGROUND: This item was presented at the May 28, 2013 Quarterly Public Hearing where
staff indicated this item is designed to address the final disputed area of the Orange Alamance
County line (i.e. the 9% area) consistent with Session Law 2012-108 adopted on June 28, 2012.
Approval of this request will extend existing zoning and land use designations for eleven (11)
properties off Eliza Lane in northwestern Orange County. Please refer to Section B.1 of
Attachment 2 for additional information.
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Please refer to Section C.1(b) of Attachment 2 for a synopsis of comments made during the
public hearing. Agenda materials from the May 28, 2013 Quarterly Public Hearing can be
viewed at: http://orangecountync.gov/occlerks/130528.pdf
Procedural Information: In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board's recommendation. Additional oral evidence may be considered by the
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board's recommendation and any submitted written comments.
Planning Director's Recommendation: The Planning Director recommends the Land Use and
Zoning designations be extended as proposed based on the following-
i. The amendments extend existing zoning and land use designations onto those portions
of property now located within the County's planning jurisdiction as a result of the
formalization of the County line; and,
ii. The amendments are consistent with the goals and policies of the adopted 2030
Comprehensive Plan.
Please refer to Section B.2 of Attachment 2 for additional information.
Planning Board Recommendation: At its June 5, 2013 regular meeting, the Board voted
unanimously to recommend approval of the zoning/land use designation consistent with staff's
recommendation as detailed within Attachments 3 and 5. For additional information please refer
to Section C.2 (a) in Attachment 2.
As a reminder the BOCC is required to adopt a `Statement of Consistency' indicating the
proposed zoning atlas amendment(s) are consistent with the adopted 2030 Comprehensive
Plan. Please refer to Attachment 4 for this statement.
FINANCIAL IMPACT: See Section C.3 in Attachment 2.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Decide accordingly and/or adopt:
a. Attachment 3 — Resolution Amending the Comprehensive Plan Future Land Use
Map
b. Attachment 4 — Resolution Concerning Statement of Consistency of a Proposed
Zoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive
Plan
c. Attachment 5 —An Ordinance Amending the Orange County Zoning Atlas
authorizing the zoning and land use map amendments as detailed herein.
Attachment 1 3
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Tuesday, May 28, 2013 at
7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items-
1. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8
Zoning Atlas and Unified Development Ordinance Amendments of the Unified
Development Ordinance (UDO), Mr. Alexander Baldwin has submitted a request
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 located at 5413 US Highway 70 East.
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.
Purpose: To review the item and receive public comment on the proposed
amendment.
2. Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments:
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 initiated amendments to the Comprehensive Plan Future Land Use Map and to
the Zoning Atlas to assign land use category classifications and to establish zoning
for properties that will now be within Orange County's planning jurisdiction as the
result of the re-alignment of the Orange/Alamance County Line.
The 11 properties subject to this action are described within Session Law 2012-108
(commonly referred to as the `9% line') enacted by the North Carolina General
Assembly on June 28, 2012 and are further denoted by the following Parcel
Identification Numbers (PIN):
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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 a land use and general use zoning district designation,
specifically the Agricultural Residential Land Use Category and the Agricultural
Residential (AR) zoning district. 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
designations-
9920-46-1170 9920-46-1550 9920-47-1131
9920-46-1843 9920-46-1967
Purpose: To review the item and receive public comment on the Comprehensive
Plan Future Land Use Map and Zoning Atlas amendments.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling the one of the phone numbers
below. The full text of the public hearing items may be obtained no later than May 17,
2013 at the County website www.co.orange.nc.us at the Meeting Agendas link.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH: The Herald Sun News of Orange
May 15, 2013 May 15, 2013
May 22, 2013 May 22, 2013
Map of subject
r
properties Caswell County �-
: - .. .. -------- --------— ---
t. -. -
,fit ---
4".
Alamance ^�
j Ir I •. � � ;w .
Cou my
1f
U
{
z `
Area to.be zoned AR and assigned
ANGERS waY Agricultural Residential land usp it
designation
Area to be located '
within Back Creek
Protected Watershed
Protection Overlay Hyco Creek
Unprotected Watershed
District
r:
AR
Back Creek
•�s �►�
r Protected Watershed
Alamance w
C O u n ty Data shown on this map is obtained from Orange County
GIS and is for reference only.
_ Exact locations and boundaries should be verified.
Map prepared by Orange County Planning&Inspections.
USGS Water Feature O Parcels Zoning M 100 YR Floodplain(Effective 02/02/07) N
Soils Survey Water Feature ED 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
Attachment 2 6
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
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.
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 2. 9920471321 3. 9920461622
4. 9920461234 5. 9920451933 6. 9920461356
7. 9920461170 8. 9920461550 9. 9920471131
10. 9920461843 11. 9920461967
Please refer to Attachment 1 for a map 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
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://orangecountync.gov/OCCLERKS/1 11121 c2.pd .
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.
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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-
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
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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% 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
a. BOCC Authorization to Proceed
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
February 5, 2013
b. Quarterly Public Hearing
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
May 28, 2013. During the public hearing the following questions/comments were
made:
1. A Planning Board member asked if the County should be concerned
with the actual language contained within Session Law 2012-108
prior to taking action on the proposed map amendments.
Specifically a concern was expressed over the use of `historic' in
Section1 of the law when, technically, this was not the proper word
choice to convey the intended meaning.
Staff response: Session Law 2012-108 was adopted on June 28,
2012. Regardless of concerns over word choice, the legality of the
Orange-Alamance boundary line re-alignment is not in question and
the County can proceed with the rezoning action as presented by
staff.
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c. BOCC Updates/Checkpoints
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
May 7, 2013 (legal ad approval)
June 18, 2013 (decision)
d. Other
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements. Additionally, staff held an open house on
April 22, 2013 to review the proposal with impacted property owners.
a. Planning Board Review:
June 5 2013: At its June 5 2013 regular meeting the Board voted unanimously
to recommend approval of the item as detailed within Attachment(s) 3 and 5.
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.
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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.
Signs advertising the hearing were placed on the subject
parcels as required by 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
the work required to process this amendment.
D. AMENDMENT IMPLICATIONS
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Properties affected will now be subject to land use designations and zoning where there
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was no land use designation or zoning before in Aamance County.
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
E. SPECIFIC AMENDMENT LANGUAGE
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Please refer to Attachments 3, 4, and 5 for the Resolution amending the Future Land
Use Map, the Statement of Consistency certifying the proposed zoning atlas
amendments are consistent with the Comprehensive Plan, and the Ordinance amending
the official Zoning Atlas.
......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey @orangecountync.gov
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ATTACHMENT 3 12
RESOLUTION # 2013-053
A RESOLUTION AMENDING
THE 2030 COMPREHENSIVE PLAN
WHEREAS, Orange County initiated an amendment to the Orange County 2030
Comprehensive Plan Future Land Use Map, as established in Section 2.3 of the Orange
County Unified Development Ordinance (UDO), to assign or extend land use categories
for approximately 11 properties along the Orange-Alamance county line in northwestern
Orange County along Eliza Lane, and
WHEREAS, these properties are being located within the County's planning
jurisdiction a 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, and
WHEREAS, the properties subject to this resolution are further described utilizing
Parcel Identification Numbers (PIN) data provided by the Orange County Tax
Administration department, as follows:
1. 9920461659 2. 9920471321 3. 9920461622
4. 9920461234 5. 9920451933 6. 9920461356
7. 9920461170 8. 9920461550 9. 9920471131
10. 9920461843 11. 9920461967
and
WHEREAS, the area surrounding these aforementioned properties are
designated as being located within the Agricultural Residential Land Use Category, and
WHEREAS, the Planning Director has recommended that all of the
aforementioned parcels be assigned the Agricultural Residential Land Use Category
designation, and
WHEREAS, the requirements of Section 2.3 of the Unified Development
Ordinance (UDO) have been deemed complete, and
WHEREAS, the Board finds that the proposed Future Land Use Map amendment
is internally consistent with the 2030 Comprehensive Plan or part thereof including, but
not limited to, the following:
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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,
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of
Orange County, North Carolina, that the Future Land Use Map, provided in Chapter 5 of
the Land Use Element of the 2030 Comprehensive Plan, is hereby amended as
described herein to become effective June 18, 2013.
Upon motion of Commissioner seconded by
Commissioner the aforementioned 2030
Comprehensive Plan amendments were adopted this the day of
2013 and shall become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
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Attachment 4
RES-2013-054
RESOLUTION CONCERNING
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Orange County has initiated amendments to the Orange County Zoning
Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance
(UDO), and
WHEREAS, the proposed amendments, and impacted properties, are identified as
follows:
I. The following Parcel Identification Numbers (PIN) extending the existing AR zoning
designation on those portions of 11 properties located within the County's Planning
jurisdiction as the result of the memorialization of the Orange-Alamance County line
consistent with Session Law 2012-108 adopted on June 28, 2012 and as further
denoted on a map contained within Attachment 1 within the Orange County Board of
County Commissioners June 18, 2013 agenda packet:
1. 9920461659 2. 9920471321 3. 9920461622
4. 9920461234 5. 9920451933 6. 9920461356
7. 9920461170 8. 9920461550 9. 9920471131
10. 9920461843 11. 9920461967
II. The following Parcel Identification Numbers (PIN) extending the existing Back Creek
Protected Watershed Protection Overlay Zoning designation on those portions of 5
properties located within the County's Planning jurisdiction as the result of the
memorialization of the Orange-Alamance County line consistent with Session Law
2012-108 adopted on June 28, 2012 and as further denoted on a map contained
within Attachment 1 within the Orange County Board of County Commissioners June
18, 2013 agenda packet:
1. 9920461170 2. 9920461550 3. 9920471131
4. 9920461843 5. 9920461967
WHEREAS, pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341
of the North Carolina General Statutes, the Board finds sufficient documentation within the
record denoting that the rezoning will carry out the intent and purpose of the adopted 2030
Comprehensive Plan, as amended, or part thereof including but not limited to, the following:
a. The Land Use Element Map.
b. Chapter 5 — Land Use Element, including:
1. Land Use Overarching Goal: Coordination of the amount, location,
pattern and designation of future land uses, with availability of County
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services and facilities sufficient to meet the needs of Orange County's
population and economy consistent with other Comprehensive Plan
element goals and objectives.
2. Objective LU-1.1: Coordinate the location of higher intensity/ high density
residential and non-residential development with existing or planned
locations of public transportation, commercial and community services,
and adequate supporting infrastructure (i.e., water and sewer, high-speed
intereet access, streets, and sidewalks), while avoiding areas with
protected natural and cultural resources. This could be achieved by
increasing allowable densities and creating new mixed-use zoning districts
where adequate public services are available.
and,
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonable and in the public interest as it promotes public health, safety, and general welfare
by adopting the goals and purposes of the 2030 Comprehensive Plan or part thereof,
BE IT RESOLVED by the Board of Commissioners of Orange County that the proposed
zoning atlas amendment, as described herein, has been deemed to be consistent with the
goals and policies of the adopted Orange County 2030 Comprehensive Plan and the BOCC
hereby adopts this statement of consistency signifying same.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2013 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
WITNESS my hand and the seal of said County, this day of ,
2013.
SEAL
Clerk to the Board of Commissioners
ATTACHMENT 5 16
Ordinance#: ORD-2013-022
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County initiated an amendment to the Orange County Zoning Atlas,
as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), to
extend existing zoning designations for 11 properties along the Orange-Alamance county line
in northwestern Orange County along Eliza Lane, and
WHEREAS, these properties are being located within the County's planning jurisdiction a
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, and
WHEREAS, the parcels subject to this Ordinance, identified utilizing Parcel Identification
Numbers (PIN) data provided by the Orange County Tax Administration department, are
identified as follows:
1. 9920461659 2. 9920471321 3. 9920461622
4. 9920461234 5. 9920451933 6. 9920461356
7. 9920461170 8. 9920461550 9. 9920471131
10. 9920461843 11. 9920461967
and
WHEREAS, the parcels subject to this Ordinance, identified utilizing the aforementioned
PIN data, are already partially zoned Agricultural Residential (AR) as denoted on the Orange
County Zoning Atlas, and
WHEREAS, 5 of these parcels, specifically those with PINs:
1.9920-46-1170 2.9920-46-1550 3. 9920-47-1131
4.9920-46-1843 5.9920-46-1967
are located within the Back Creek Protected Watershed Protection Overlay District.
WHEREAS, only those portions of the properties denoted utilizing the above referenced
PIN data that were not previously within Orange County are subject to this Ordinance, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
(UDO) have been deemed complete, and
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WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341
of the North Carolina General Statutes, the Board finds that the rezoning will carry out the
intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not
limited to, the following:
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.
Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth,
consistent with the provision of adequate services and facilities and a high quality of life.
Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions
and features, and that protect natural resources, cultural resources, and community
character.
Land Use 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,
and
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonably necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Zoning Atlas is hereby amended to zone the portions of the aforementioned parcels, as
detailed within Session Law 2012-108 and further detailed herein, Agricultural Residential
(AR).
BE IT FURTHER ORDAINED THAT the Orange County Zoning Atlas is hereby amended to
extend the Back Creek Protected Watershed Protection Overlay District over the 5 parcels as
detailed herein.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2013 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
18
WITNESS my hand and the seal of said County, this day of
2013.
SEAL
Clerk to the Board of Commissioners