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Agenda - 09-05-2024; 5-b - Zoning Atlas Amendment – Dimmocks Mill Road, Hillsborough, Hillsborough Township
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2024 Action Agenda Item No. 5-b SUBJECT: Zoning Atlas Amendment — Dimmocks Mill Road, Hillsborough, Hillsborough Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application Patrick Mallett, Deputy Director of 2. Staff Report Development Services, (919) 245-2577 3. Notification Materials and Certification Cy Stober, Planning Director, (919) 245-2592 4. Development Advisory Committee and Courtesy Review Comments 5. Excerpt of Draft August 7, 2024 Planning Board Minutes and Signed Statement of Consistency 6. Statement of Consistency 7. Ordinance Approving Zoning Atlas Amendments PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations, and public comment, close the public hearing, and consider action on a County-initiated Zoning Atlas Amendment to amend the Upper Eno Critical Watershed Overlay District boundary line on two parcels (PINs: 9863-09-3922 and 9864-00-2205) located on Dimmocks Mill Road, Hillsborough, within the Hillsborough Township of Orange County. BACKGROUND: Protected Watersheds within Orange County are part of the County's delegated Stormwater Management Program, as reflected in the adopted Orange County Watershed Boundary Map. These watersheds are also adopted Zoning Overlay Districts in the Unified Development Ordinance (UDO), requiring approval of a Zoning Atlas Amendment to modify the watershed overlay boundary line. Based on State requirements, the Board was notified of the change in the watershed boundary line at the June 18, 2024 Business meeting. Following this action, the Orange County Planning Director initiated a Zoning Atlas Amendment application (Attachment 1) on June 24, 2024 to amend the Upper Eno Critical Watershed Overlay District boundary line. This second action is necessary so that the zoning overlay boundary line coincides with the new state recognized watershed ridge line. The Staff Report in Attachment 2 contains additional information, maps, and analysis. The Project Narrative contained in Attachment 1 provides additional background information related to this request. Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment 1), and Section 2.8 of the UDO, rezoning submittals are required to contain: 1. A completed Zoning Atlas Amendment application; 2. A map, at a legible scale, showing the land proposed for rezoning; 2 3. A detailed narrative; and 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule. [Note: As a County-initiated action, no review fees were collected] Basic Review Process: A rezoning application for an overlay district amendment requires submission of a detailed area map and other documents, in accordance with Section 2.8.3(A) of the Unified Development Ordinance (UDO). A site-specific plan is not required for overlay district amendment applications and conditions cannot be applied to an approval action. The typical cadence for the review is as follows: • FIRST ACTION — Staff holds a Development Advisory Committee Meeting. STAFF COMMENT: The Development Advisory Committee Meeting was held on July 11, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this review are available in Attachment 4. • SECOND ACTION — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. STAFF COMMENT. The Planning Board reviewed this application at its regular meeting on August 7, 2024 and voted unanimously to recommend approval of the amendment. • THIRD ACTION — The BOCC receives the Planning Board and staff recommendations at an advertised public hearing and makes a decision on the application. STAFF COMMENT: The public hearing is scheduled for September 5, 2024. Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on August 22, 2024, 14 days before the hearing. Staff also posted the subject parcel with signs on August 22, 2024, 14 days before the hearing. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its August 7, 2024 regular meeting. At this meeting the Planning Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 6) and the proposed Zoning Atlas Amendment (Attachment 7), as presented. An excerpt of the draft minutes from the August 7, 2024 meeting, as well as the Board's signed statement of consistency, are included in Attachment 5. Agenda materials from the meeting can be viewed at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 08072024- 2058. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the overlay zoning district amendment application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning overlay change on the County's adopted Zoning Atlas, as contained in Attachment 7. 3 FINANCIAL IMPACT: This request has been reviewed by various County departments which have determined that the approval of the request would not create the need for additional funding for the provision of County services. ALIGNMENT WITH STRATEGIC PLAN: This item supports: GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 6. Protect water supply/watersheds. OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. RECOMMENDATION(S): The Manager recommends the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments (Attachment 7); OR Vote to Deny the Zoning Atlas Amendments, including a statement as to why the application is not reasonable and/or not in the public interest. Attachment 1 4 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningapps(@orangecountync.gov Zoning Atlas Amendment — Rezoning Application Please check all applicable boxes and complete the required documentation. Additional information and submittal requirements are contained in Sections 2.8 and 2.9 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. * Please fill out all required fields Date: June 24, 2024 Rezoning Request: ❑✓ Conventional District ❑ Conditional District Contact Information* Property Owner(s): Frank David Cohen and New Goloka Village LLC Mailing Address: Unaddressed — East of Dimmocks Mill Road Phone: Email: Applicant (if different than property owner): Orange County Mailing Address: 131 West Margaret Lane, Hillsborough Phone: 919-245-2575 Email: Property Information* Parcel ID Number (PIN): 9863-09-3922, 9864-00-2205 Total Acreage: 16.97 Address: Unaddressed — East of Dimmocks Mill Road Future Land Use Map Classification: Hillsborough 10 Year Transition, Agricultural Residential, and Rural Residential Current Zoning Designation: R1 , Rural Residential Requested Zoning Designation: Amend Upper Eno Critical and Lower Eno Unprotected Watershed boundary line 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. Other Submittal Requirements* Conventional District Rezoning Application Based on Section 2.8.3 of the Unified Development Ordinance (UDO): ❑ 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. ❑ A legal description of the property(s) proposed for rezoning. ❑ A list showing the names and addresses of all adjacent property owners within 1000-feet of the subject property. ❑ A detailed narrative denoting the following: i. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request. Page 1 of 2 5 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 191.9.245.2575 Narrative In May 2024, property owners Frank David Cohen and New Goloka Village, LLC hired R.S. Jones & Associates, Inc., to survey two parcels, including the topography and ridge line between the two watersheds on the property. This professional survey work revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries. As a matter of policy, the State advises delegated programs such as Orange County to notify the elected body of the watershed boundary change for formal recognition. Orange County Planning staff informed the Orange County Board of Commissioners (BOCC) of the watershed boundary change at their June 18, 2024 meeting. At that time, the Board approved an amendment to the Upper Eno Critical Watershed Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment to amend the watershed overlay district boundary. The BOCC agenda packet can be found at this link: http://server3.co.orange.nc.us:8088/WebLink/0/doc/72912/Page1.aspx The Zoning Atlas Amendment includes the following parcels: PIN 9863-09-3922 Location Unaddressed — East of Dimmocks Mill Road Acreage 15.97 acres Property Owner New Goloka Village, LLC Legal Description 3 New Goloka Village LLC P127/100 Zoning R1, Rural Residential Watershed Upper Eno Critical Overlay Major Transportation Corridor Future Land Use Hillsborough 10 Year Transition, Agricultural Classification Residential, and Rural Residential PIN 9864-00-2205 Location Unaddressed — East of Dimmocks Mill Road Acreage 1 acre Property Owner Frank David Cohen Orange County Government I www.orangecountync.gov 1929-732.8181 6 Legal Description 1 New Goloka Village LLC P127/100 Zoning R1, Rural Residential Watershed Upper Eno Critical Overlay Major Transportation Corridor Future Land Use Agricultural Residential and Rural Residential Classification Based on staff review and coordination with the NC Division of Energy, Mineral, and Land Resources (NC DEMLR) Water Supply Watershed Protection Coordinator, the sealed professional survey represents the most recent and accurate data and should be recognized as the true ridgeline and watershed boundary on the parcels. Staff has notified NC DEMLR and the North Carolina Environmental Management Commission (EMC) of the change. Critical and Protected Watersheds within Orange County are part of the County's delegated Stormwater Management Program, as reflected in the adopted Orange County Watershed Boundary Map. These watersheds are also adopted Zoning Overlay Districts in the Unified Development Ordinance. This Planning Director-initiated Zoning Atlas Amendment will bring this overlay district into alignment with the State-recognized watershed. No amendments are proposed to the base zoning district, Major Transportation Corridor overlay district, or Future Land Use Map. Orange County Government I www.orangecountync.gov 1929-732.8181 7 I ARABHUAA0,q❑R r� ■ 9864002205 r J T n►n.1p r F Ill f f ; 9863093922 0 J N 'Y U Q 1 Upper Env Critical Streams Major Transportation Corridor Q Proposed Watershed Boundary PI Ns 9864002205 and 9863093922 ` Existing Watershed Boundary N t in-aoo feet Zoning ORANGE Feet Rt COUNTY o zoo Planning and Inspections Department{BQ AR 612812024 O;�GIS Wplkspa[etF�njerts�Slad hepamPIINS 9864ow,,n9 and 9863u93tp7 Watgr Iwa Overlay Aulokllownt�PINS 9bu3uy3J11 Wald sliceI Zoning Report 8 Parcel Data Land Disturbance Thresholds Parcel identification Number[Pill]:98640022D5 Erosion Control:Upper Eno Critical:10,DD0 sq-ft-Waiver needed if otherwise;Lower Eno Size:1 acres Unprotected:20,000 sq-ft- Stormwater Management:21,780 for residential use,12,000 For nonresidential use Relevant Documents for Register of Deeds High Quality Water Zone(YIN):Yes Plat Book/Page:2 NEW GOLOKA VILLAGE LLC P1271100 Other Relevant Documents:NIA Disclaimer This report contains documents prepared for the inventory of real property within Orange Zoning Information County,and is compiled from recorded deed,plats,and other public records and data. Base Zoning District:Rural Residential(RI) Some of these documents are private agreerrrents-Users of this report are hereby notified Min Lot Size:40,000 sq-ft- that the aforementioned public primary information sources should be consulted for Min Lot Width:13D 11 verification of the information contained in this report-The county and its mapping Max Density:Upper Eno Critical:1 dwelling per 2 acres;Lower Eno Unprotected:1 companies assume no legal responsibility for the information on this report- dwelling per 40,000 sq-ft. Overlay Zoning Distric(s):Lower Eno Unprotected Watershed,Upper Eno Critical Please contact staff at 919-245-2575 if you have flood plain,High Quality Water Zone,or Watershed,Major Transportation Corridor wetlands indicated on this report- Max Impervious Surface:Upper Eno Critical:6%(980 sq-ft-);Lower Eno Unprotected:NIA Max Building Height:29 Building Setbacks:Front 40',Side 20',Rear 20' Date: 5/31/2024 by jomaran Streams,Water Body,Floodplain Buffers Stream/Water Bodies:NIA Floodplain NIA a 'mil 3 - fl - II Upper Eno F Flood Lower Critical Area Panel: �t] I n prates ted 9864J wak g�2 �f 61 J rr �OV oo Data shown on this map is obtained from Orange County GIS and is for reference only. Exact 3ocations and lb undaries should be V fed. Wet3and information represented fof any)does not - consul a jurisdictional determination of exact location of wetland features. r r•�`� { Map prepared by Orange County planning&inspections. ORANGE Zoning ® Watersheds COUNTY N Parcels Major Transportation Corridor Road Easement — — 2'Contours(NCDOT) t••—S 1 in=50 feet . .. soils �.._.! FIRM Feet 0 150 Zoning Report 9 Parcel Data Land Disturbance Thresholds Parcel Identification Number(PIN):9863D93922 Erosion Control:Upper Eno Critical:10,DD0 sq.ft.Waiver needed if otherwise;Lower Eno Size:15.97 acres Unprotected:20,000 sq.ft. Stormwater Management:21,760 for residential use,12,000 For nonresidential use Relevant Documents for Register of Deeds High Quality Water Zone(YIN):Yes Plat Book/Page:3 NEW GOLOKA VILLAGE LLC P12711 OD Other Relevant Documents:N/A Disclaimer This report contains documents prepared for the inventory of real property within Orange Zoning Information County,and is compiled from recorded deed,plats,and other public records and data. Base Zoning District:Rural Residential(R1) Some of these documents are private agreements.Users of this report are hereby notified Min Lot Size:4D,D00 sq.ft. that the aforementioned public primary information sources should be consulted for Min Lot Width:13D ft. verification of the information contained in this report.The county and its mapping Max Density:Upper Eno Critical:1 dwelling per 2 acres;Lower Eno Unprotected:1 companies assume no legal responsibility for the information on this report. dwelling per 40,060 sq.ft. Overlay Zoning District(s):Upper Eno Critical Watershed:-6.15 acres,Lower Eno Please contact staff at 919-245-2575 if you have floodplain,High Quality Water Zone,or Unprotected Watershed,M aj o r Tran s portati o n Corridor wetlands indicated on this report. Max Impervious Surface:Upper Eno Critical:6%(16,073 sq.ft.);Lower Eno Unprotected: N/A Max Building Height:25' Date: 5/31/2024 by jomoran Building Setbacks:Front 40',Side 20',Rear 20' Streams,Water Body,Floodplain Buffers StreamlWater Bodies:80 ft.buffer Floodplain:NIA ialw� ' gyp - Soil:Gec �: 81 Flood • M •�� Flood �p Panel: _ �'�� _ Panel: ti] 9854J $oil:" aE `•Svil:Ge8 CON �,• f. _w U rppe Ena' Lower Erlo '--1 ',,Critical AreaUnprotected of Watershed j y Soil:TaD 1 r Flood i PQ Flood y�y6 �_.Panel: Panel: 9853J i i r' Co 9863d CD .� ;'� � S�, Soil• ch _ Zi• Data shown on this map is obtained trarn Orange County '' "•` .f [ -t !••/' GIS and is for reference only. ` _. - _ + 1 r ♦ Exact locations and boundaries should be verified. _ ,7 p k • t /•• f Wetland information represented lof any]does not •5i70 / r � constitute a jurisdictional determination of exact location of S'96 '•� l d �� �� 58, S wetland features. Map prepared by Orange County Planning&inspections. nil Za ORANGE Zoning UISGS Stream - - 2 Contours(NCDOT) COUNTY t..�S N Parcels —••- Soils Survey Stream L_.J FIRM Road Easement ® Watersheds Stream Buffer 80ft . .. Soils Major Transportation Corridor 1 in=200 feet ®Feet 0 150 10 SITE' ; C „ uz nawm MAv Ixor ro E, .:� rvc._�w. SEALS. - L-3939 - �mrsmmvrmeav I / ORABHUPADA DRIVE� I I w �AecessiuTl Esser�€Nr � � ssrss------- ---- o %o j'?� i' (� w � LL / ;.e � - '�I�I"t vwe'em,"eau 2 is.a�ACRES gl; %� Y 1 \v ro.0 Ames /wI i "�I�u'o,x�m�xx�loNxu Nwaxo a�,Axas I a. o.NN/ ov \ 31NO A—Mw ro 10CAT A,x�w,Na,lr�sE,Al s .. 11— oA, T1 aA c LEGEND ASN NEW GOLOKA�Y F Oe'ounO VILLAGE,LLC.& FRANK DAVID COHEN — rr.IC A-1zos< alcx.a war............. __ R.S.JONES& IN.s..mesen ASSOCIATES,INC. 100 0 50 100 200 400 LANDNlrlW SURVEYOR$ GRAPHIC SCALE xusea+aw xc 2— 11 W ate r s h e d s i Rna lake Ri�eryBasin t� ; J Hycti`Creek 5outWHyco Creek' : !' Flat Riper [P'rotecteii}� `� {P rote cted):� - _ 49 15 86 i It rl t (Protected) Back-Creek n e RE tected} r - Rese o 3 ir' L k ran L i' [Pro NPE I. } t5' Neuse , n1 . 1 N s �Ri�er Basin, , r L Upped I y_ (Protected] J Upper �,1 s r� [Critical] i it j .�. Lowerr Eno ' Co rate Lake Y7 t. �'• _ , ' �• �NPE 8 1 70 Lower Eno' j [Prntectedy j ' r Lake'Ben Johnston tJPE 515' J Seven Mile Creek r Haw Creek PE 581' 70A 70 Municipal Jurisdiction Streams - , 751 Water Bodies River Basin Boundary j� '.`'Cane Creek } (Protected), Watersheds Cape'Fear Water Supply Watersheds: j River Basin Jordan Lake Protected j Critical ` Cane Creek n ritical} Y -- + Railroad Reservoir I 86 I Haw River 5a �, r :ter 1� f ORANGE University Lake 1 ��: 7�5o i i COUNTY - {Protected} 1 l .,iRi u( tikin w., J f U irvers ly I-ake Miles ti N I MY r ' Note: This watershed map replaces previous versions, y { ;j Reference: Orange County Zoning Ordinance [Protected}. Lake �'•. Haw River University __ -^ UECR revision adopted June 1',2010 r. _ Orange County Planning Inspections DepartmentCritica_I { } GIS map prepared by Brian Carson ~- --__ Jordan Lake.j WatershedslCritical AreaslBasins Data:November,2010 Revision '- --- --- �_----- r -_ [Protected) - -- ---- - ---- - ---- .. _ ----- -- ---- 1UI112020 i 12 ROY COOPER �� 4 Cnvernor �� ELIZABETH S.BISER 5eslriary WiLLIIAM E.TOBY ViNSON,JR NORTH CAROLINA lnwrrm Oimcmr EnvironmentalQuulily July 29, 2024 Orange County Planning and Inspections department Attn:Christopher J.5andt, PE,County Engineer 131 W. Margaret Lane,Suite 2D1 PO Box 8181 Hillsborough, NC 27278 Subject: Orange County Water Supply Watershed Protection Boundary Change Request Approval Dear Mr. Sandt: The Division of Energy, Mineral and Land Resources (DEMLR) reviewed and approved the Orange County Water Supply Watershed Protection boundary change request information received by our office via email on July 84 2024. On June 18,2024,the Orange County Board of County Commissioners approved Orange County to submit the Water Supply Watershed Protection boundary change request. DEMLR approves the boundary change request in accordance with North Carolina General Statute 143-214.5 and North Carolina Administrative Code 15A NCAC 02B .0100, .0200, .0620-.0624. We appreciate the efforts of Orange County to help protect the vital public water supplies of this state. Please contact me at mike.lawyer@dea,nc,gov or(919)707-3639 should you need assistance. Sincerely, Michael Lawyer,CPSWq Stormwater Program Supervisor DEMLR ec: Bill Denton, PE, Regional Engineer—DEMLR Raleigh Regional Office North Carolina Departlnent of Environmental Q mll y I ❑lvision of Energy.lvllneral and Land kmourCes SQ North SalLsbury Street 1 1612 Mail Seryice Center I Raieigh.North CarolIna 27694.1612 ::.r.rxwn 919.707.9200 Staff Report Attachment 2 a...,.,. Zoning Atlas Amendment ORANGE COUNTY NORTH CAROLINA Parcel Information Vicinity Map for Watershed Overlay Amendment Application Unaddressed - East of PINS 9864002205 and 9863093922 Parcel Address as = k J"' LRgeX1Y� Dimmocks Mill Road a • Township Parcel Identification 9863-09-3922 and � •, vPi%gee', 1 v,� ame. u \.'.s "=e„ I GheeksTn• h.�,, '.� a ='••Y - Number (PIN) 9864-00-2205 Hills6praugI =f To_wn'shipr `Eno J {] $�.{1 + Applicant Name Orange County ��6=;. �>♦ Eno Tuwn�np I � and Address 131 W. Margaret Lane' �-rE.. Hillsborough, NC AmO�ma _"" Property Owner New Goloka Village, LLC � s i Name and Address 1414 Dimmocks Mill Rd. Hillsborough, NC �]Toxmhl{x Binghdin Townshp �� �. •*- �rn _Ghaaeil fill Taw„ship Frank Cohen w= °hT P Property Owner MBfOrS° `` 131 Shelton Court :w�°•�,°°"„m�„�s °b.n ake �'a°°"" �. - �' Name and Address Hillsborough, NC Interlocal Agreement No Watershed Overlay Amendment RI Ns 9964002205 and 986309392Z Applicable Current Zoning y (Y/N) '�_;•---_-. -.-_ Current Zoning District R-1, Rural Residential W°. Requested Zoning - 98164002205 , District N/A rIawerEno Requested Zoning 9863a97922 District Consistent with Appendix F of N/A ILL Comprehensive Upper Eno Cr4ical Plan Upper Eno Critical Existing Zoning Watershed Protection Overlay Districts Overlay District and Major Transportation Corridor Overlay District Amendments Proposed for Overlay Districts Yes (Upper Eno Critical) (Y/N) 1 Parcel Size +/- 16.97 Future Land Use Map 10 Year Transition, Agricultural - Adopted Future Land Use Map with Parcels (FLUM) Designation Residential, and Rural 986400xaa5 and 9863o439xaDepirted Residential FLUM Overlay(s) Resource Protection Area Growth Management Rural and Urban System Designation Definition of FLUM 10 Year Transition - Areas Designation changing from rural to urban in (from Article 10 of form and density. All densities of Unified Development residential development would 'e"ao22a5 Ordinance (UDO) be appropriate. Non-residential ' Lower En uses implemented in 1 accordance with small area ,9R63093922 I plans and/or overlay districts may be appropriate. upper eno erlUcal Agricultural Residential - Land in the rural areas where the prevailing land use activities are ai s aeue aeataome¢z related to the land (agriculture, ©P.P, forestry) and which is an °" appropriate location for the ,o-'"'"°°"" — — continuation of these uses. = yy, Rural Residential - Land in the rural areas of the County which is appropriate for low intensity and low-density residential Aerial Imagenisli Parcels 9864002705 and 9863093922Outlined development, and which would not be dependent on urban services during the plan period. r Surrounding Land Uses and Zoning North South All lots are zoned R-1 (Rural Residential) with r. single-family residential uses or are currently East undeveloped and in agriculture use. ' West Existing Roads North N/A Upper Eno Critical South N/A East N/A West Dimmocks Mill Road �fi3o9,9Zz r—r Fl.V9n�a waoeanea aoaary A . QI 'o d WaW,,h,,FSoundaey - 2 15 Existing Conditions/Physical Features The parcels currently contain a cleared field of approximately 8.36 acres. The remaining area of the site is forested. A stream is located along the eastern property line which requires an 80 ft. stream buffer based on Section 6.13 of the UDO. An existing residential structure, accessory structures, and gravel driveway are located on the northern property. Zoning Atlas Amendment Overview Orange County has initiated a Zoning Atlas Amendment to modify the Upper Eno Critical Watershed Overlay District boundary line. State-designated Critical and Protected Watersheds located in Orange County are regulated as a Watershed Protection Overlay Districts. Based on Article 4, Overlay Zoning Districts, the Watershed Protection Overlay District applies to the Orange County portion of watershed which have been classified as WS-II, WS-III, or WS-IV by the State of North Carolina. The Zoning Atlas Amendment will bring this overlay district into alignment with the State-recognized watershed. No amendments are proposed to the R-1 (Rural Residential) zoning district, Major Transportation Corridor Overlay District, or Future Land Use Map. Additional background information regarding this request is contained in the Narrative (Attachment 1). In acting on this request, the County is unable to impose conditions. Overlay district rezoning applications are processed in a legislative manner (i.e., does not require sworn testimony or evidence) and decisions are based on the Board of County Commissioners' determination the request is consistent with the purpose and intent of the Comprehensive Plan. Review Milestones Application Submittal Date June 24, 2024 Orange County Development July 11, 2024 Advisory Committee (DAC) Review Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) State Clearing House 6/25/24 Yes Analysis Staff Analysis As required under Section 2.8.5 of the UDO, the Planning Director shall cause an analysis to be made of the application. In analyzing this request, the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO. 3 2. Staff review of the application included considerations for how the request relates to the Orange County 2030 Comprehensive Plan. The following analysis outlines elements of the Plan which staff identified as application and relevant to the consideration of this request. Chapter 2 — Planning Principles 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. 4. Natural Area Resource Preservation: Protection of the County's natural areas, including forests, wildlife habitat, and other important open spaces should be a priority. The County should work with regional and local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. Chapter 5— Land Use Element, Section 5.6 Goals a. 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. b. 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. c. 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 system. d. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. e. Natural and Cultural Resources Overarching Goal: A sustainable balance and appreciation of natural, cultural and agricultural resources. Staff Comment Professional survey work completed in May 2024 revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries. As a matter of policy, the State advises delegated programs such as Orange County to notify the elected body of the watershed boundary change for formal recognition. Orange County Planning staff informed the Orange County Board of Commissioners (BOCC) of the watershed boundary change at their June 18, 2024 meeting. At that time, the Board approved an amendment to the Upper Eno Critical Watershed Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 4 17 Based on staff review and coordination with the NC Division of Energy, Mineral, and Land Resources (NC DEMLR) Water Supply Watershed Protection Coordinator, the sealed professional survey represents the most recent and accurate data and should be recognized as the true ridgeline and watershed boundary on the parcels. Staff has notified NC DEMLR and the North Carolina Environmental Management Commission (EMC) of the change. This Zoning Atlas Amendment request will bring this overlay district into alignment with the State- recognized watershed. No amendments are proposed to the base zoning district, Major Transportation Corridor overlay district, or Future Land Use Map. The existing R-1 zoning is consistent with Appendix F, Relationships Between Land Use Classifications and Zoning Districts of the Orange County Comprehensive Land Use Plan. Any future development for residential purposes would be subject to regulation under the County's stormwater and water supply watershed regulations. Staff has reviewed and determined no significant environmental impact is expected from this request to amend the Watershed Protection overlay district. The Orange County staff has noticed the public regarding this application, as required by Section 2.8.7 of the LIDO, including mailings to neighboring property owners and posting of the property. Additionally, staff have provided all application documents on the Active Development Projects webpage. 5 �-1 18 Attachment 3 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1 131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I,Ashley Moncado, Planner III 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 the Public Hearing to be held regarding a rezoning application proposing to amend the Upper Eno Critical Watershed Overlay District boundary line on two parcels (PINS: 9863-09-3922 and 9864-00-2205) on August 22, 2024 The owners were identified according to the Tax Records, as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specified the date, time, place and subject of the Planning Board Meeting. WITNESS my hand,this 22nd day of August 2024. O ,h Mmcada Ashley Moncado, AICP Planner III Orange County Planning 19 �y ORANGE COUNTY NORTH CA1101-INA I'LA13 N I NC.�rrrnf JN SI'1;(Y r14311 ti Cy 5tober,AICP,Directorl cstober@a orangecountync govl 131 W.Margaret Lane,NI135borough,NC 272781 929,745.z575 August 22, 2024 NOTICE OF PUBLIC HEARING Dear Property Owner This notice is to inform you of the September 5, 2024, Board of County Commissioners (BOCC) meeting, at which an application to amend the Upper Eno Critical Watershed Protection Overlay District boundary line on two parcels (P1Ns 9863-09-3922 and 9864-00-2205) will be reviewed. The subject properties are located along Dimmocks Mill Road, Hillsborough, within the Hillsborough Township, This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO). You are receiving this notice because you own property located within 1,000-feet of the parcels requested for rezoning. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. Property Information Parcel 10 Number(PIN) 9863-09-3922 and 9864-00-2205 Owner New Goloka Village, LLC and Frank David Cohen Applicant Orange County Location Unaddressed — East of Dimmocks Mill Road Acreage PIN 9863-09-3922 +!- 15.97 acres PIN 9864-00-2205 +!- 1 acre Current Land Use Residential and undeveloped Designation Current Zoning R1, Rural Residential Proposed Zoning NIA Watershed Designation Upper Eno Critical and Lower Eno Unprotected Professional survey work completed in May 2024 revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries. The County Initiated Zoning Atlas Amendment will bring this overlay district into alignment with the State-recognized watershed, No amendments are proposed to the base zoning district or Future Land Use Map. This amendment request will be reviewed by the Board of County Commissioners during a public hearing scheduled at 7:00 p.m., September 5, 2024, at the Whitted Meeting Facility(300 West Tryon Street, Hillsborough, NC — see attached map). All interested persons are invited to address the Board with their comments regarding the application. The Orange County Board of County Commissioners (BOCC) is the decision-making body regarding land use and zoning matters. The Board may take one of the following four actions at their meeting, 1) Approval, 2) Denial, 3) Approval, but with specified changes, or 4) that the Board be given extended time to 20 consider the matter. -- --Bocc Date September 5, 2024 Time TOO p.m, Place Whitted Meeting Facility Address 300 West Tryon Street, Hillsborough, NC T Patrick Mallett Assigned Planner Deputy director— Development Services 919-245-2575 or pmallett a@oran- ecount nc. ov If you cannot attend the public hearing and the website does not answer your questions about the applications, you may call (919) 245-2575 during regular business hours and you will be directed to a staff person who can assist you. Sincerely, A��- Patrick Mallett Deputy Director- Development Services Additional information is available on the Orange County planning Department's website: https:/Iwww.arcgis.com/apps/dashboards/16e9edd5de724468aed69571dd1 d9e70 ■ ri r ■■ `■ ■ ■ r ■ ■ on ■ ■ ■ ■ ■� ■r M �.r4L'j'3 LL".■■ Whitted Building (300 W. Tryon t. ) - Meeting Lodation 1Parkltagl r' , Od Parkin �. S 5 Whitted I Building Ong :.R$.7 � `sl'� g' ��!"'�5,��1A�lls��ti�t����! �!''I•' .�'�f� '�9C: ', 1�,',. .. . ., � �� VV TRYQN$.T , ss Vie' F . + , .777 V— �� , � ''; �' rat• � � LLL TV n,. ',l,..�\�rrrrrr � � � I '�.. ' h• , `4 d' �r- T r t _ - 4 -'ti Ir' ♦j•, 'l 1 In 1 t70(B9f o Feel IN .f; :.�' ,1,.�•. ', 5 ! •P• •,• �' ', `•, 4renga Brian Carson1(5)812095) cllons 22 PIN OWNER1_LAST OWNER1_FIRST OWNER2_LAST ADDRESS1 ADDRESS2 CITY STATE ZIPCODE 9864002205 COHEN FRANK DAVID <Nutt> 131 SHELTON CT <Nutt> HILLSBOROUGH NC 27278 9863093922 NEW GOLOKAVILLAGE LLC <Nutt> <Nutt> 1414 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9853888960 WAGNER CAROLYN M <Nutt> 1916 MOOREFIELDS RD <Nutt> HILLSBOROUGH NC 272788400 9853895588 JACOBS BARRY MARC JACOBS 2105 MOOREFIELDS RD HILLSBOROUGH NC 27278 9853989517 SETTLEMYRE DANNY W SETTLEMYRE 1700 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9853989811 TILLEY RONALD KEITH 1618 DIMMOCKS MILL RD HILLSBOROUGH NC 27278 9853993350 SYKES EDWARDT SYKES 1909 MOOREFIELDS RD <Nutt> HILLSBOROUGH NC 27278 9853993575 MIDLAND TRUST COMPANYAS CUSTODIAN FBO VIJI SRIDHAR <Nutt> 6121 MOINEAR LN <Nutt> CHAPEL HILL NC 27514 9853994812 MCGUIRE BRIAN MCGUIRE 1435 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9853995059 TURNER EDWARD C TURNER 1605 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9853999023 SHARPE JUSTIN <Nutt> 1616 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 272787890 9854808486 ROBBINS LINDA <Nutt> 1220 PRABHUPDADA DR <Nutt> HILLSBOROUGH NC 272789343 9854809730 MACLACHLAN DAVID MACLACHLAN 1219 PRABHUPADA DR <Nutt> HILLSBOROUGH NC 27278 9854900310 SHARMA O M SHARMA 11509 DELANO ST <Nutt> NORTH HOLLYWOOD CA 91606 9854903085 GARDNER ADRIENNE D 1419 DIMMOCKS MILL RD HILLSBOROUGH NC 27278 9854904381 VANDENBURG MYRON JOHN VANDENBURG 1206 PRABHUPADA DR HILLSBOROUGH NC 27278 9854904515 PERRY BRIAN A PERRY 1207 PRABHUPADA DR <Nutt> HILLSBOROUGH NC 27278 9854910340 KITTRELL ALBERTT MCADOO P O BOX 135 EFLAND NC 27243 9854915288 NEEMS ROY EDWARD NEEMS 1319 DIMMOCKS MILL RD HILLSBOROUGH NC 27278 9863082536 SETTLEMYRE COY <Nutt> 9700 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9863087288 DRAUGHON CAROLYN M <Nutt> 1632 RIVERSIDE DRIVE <Nutt> HILLSBOROUGH NC 27278 9863096107 BLANCHARD 1ERRYTHOMAS 1R BLANCHARD 1570 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 9863281858 ORANGE COUNTY <Nutt> <Nutt> PO BOX8181 <Nutt> HILLSBOROUGH NC 27278 9864002848 CATES BILLY B CATES 1229 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 272787886 9864005422 NEW GOLOKAVILLAGE LLC <Nutt> <Nutt> 1414 DIMMOCKS MILL RD <Nutt> HILLSBOROUGH NC 27278 Watershed Overlay Amendment PINS 9864002205 and g8632dg3g22 Notification Map PRABHUPALIq OR �864002205 I I 9863093922 Upper Eno Critic jl O J N Y L] iVIflOREFIELDS RO O �Q D1� �'cHOly OR x J 0 O NEW GRAaY BROWN SCHOOL RO _ Q PINs 9864002205 and 9863093922 a 1,000 Foot Notification Area 1 in=500 feet C+ ORANGE Feet 0 Proposed Watershed Boundary �mfi CO,UN r Planning and Inspections❑epartment(BC) Existing Watershed Boundary ail ,A 1, 1�I f•Y 24 Attachment 4 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1 131 W.Margaret Lane,Hillsborough,NC 27278I 919.245.2575 July 22, 2024 Dimmocks Mill Road Rezoning Application Case #: MA24-0003 PIN: 9863-09-3922 and 9864-00-2205 Unaddressed — East of Dimmocks Mill Road Re: Development Advisory Committee Report (per UDO Section 1.9.5) On July 11, 2024, the Orange County Development Advisory Committee met for a final review and discussion of the overlay district rezoning application Case #MA24-0003 for PINs 9863-09- 3922 and 9864-00-2205. The Orange County Development Advisory Committee has no objections to the approval of the zoning atlas amendment so long as the items in the attached departmental memos are addressed. The application package features an abstract and staff report that provide the foundations for my recommendation regarding this application and request. Sincerely, Pat-Kck MaV-eW Patrick Mallett Deputy Director— Development Services Orange County Government I www.orangecountync.gov 1 919.732.8181 25 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: MA24-0003 Dimmocks Mill Road - Zoning Atlas Amendment Location/PIN: 9863093922, 9864002205 Applicant: Orange County Staff Planner: Ashley Moncado DAC Meeting Date: 7/11/24 Addressing and Britney Pendleton Land Records Date: 7/2/24 Staff: brpendleton(d_)orangecountync.gov 919-245-2576 1. Please note that under the Orange County Road Naming and addressing Ordinance, any drive with three or more habitable structures/ homes must be named. We have found that it's much easier to name the road beforehand, as 75% of the property owners having access on the street must sign the Road Name Agreement Form. (One vote per owner even if several properties are owned and addressed), so it can be easier to choose a road name before any lots are sold. - BP 2. More information about the ordinance can be found at: https://www.orangecountVnc.gov/851/Road-Naming-Addressing-Ordinance-informa James Bryan Attorney's Office Date: Staff: jbryanCa)_orangecountync.gov 919-245-2319 No comments received. Building Michael Rettie Inspections Date: 7/2/2024 Staff: mrettie(c_orangecountync.gov 919-245-2604 1. Any proposed construction that is regulated by the NC Building Codes will require permitting. Chris Hirni DEAPR Date: Staff: chirni(aD_orangecountync.gov 919-245-2514 No comments received. Environmental Victoria Hudson Health Date: 7/08/2024 Staff: vhudson(a)orangecountync.gov 919-245-2365 26 1. No applications have been received. No Permits are linked to these parcels. Erosion Nate Jacobsen Control Date: 7/9/24 Staff: niacobsen(a)orangecountync.gov 919-245-2580 No Comments. Fire and Life Elizabeth Farnan Safety Date: Staff: efarnan(a.orangecountync.gov 919-245-6153 No comments received. David Genwright NCDOT Date: Staff: digenwright(a)ncdot.gov 336-570-6833 1. This rezoning request appears to have no new structures currently being proposed. As long as that is the case and no new accesses are being proposed, no NCDOT action or approval is required. Pat Mallett Planning Date: 7/8/24 Staff: Pmallett@orangecoutync.gov 919-245-2577 1. No comment. Matt Taylor Solid Waste Date: Staff: mtaylor(@-orangecountync.gov 919-918-4905 No comments received. Stormwater Christopher Sandt Management Date: 7/9/2024 Staff: csandt(aDorangecountync.gov 919-245-2583 1. The project is located in the Lower Eno Unprotected Watershed Overlay District. Stormwater Management is required if proposed Land-Disturbing Activity exceeds 21,780 square feet. Transportation Darlene Weaver Services Date: 7/2/2024 Staff: dweaver(aD-orangecountync.gov 919-245-2002 1. No comment 27 From: Genwriaht, David I To: Ashley E. Moncado Subject: Re: [External]DAC Memos MA24-0003(Dimmocks Mill Road)and MA24-0004(Faith Way Road) Date: Tuesday,July 16,2024 3:45:28 PM Attachments: imaae002.r)na Outlook-i4w4xx2z.pna Good afternoon,Ashley, Please take this as NCDOT's response for the DAC memo MA24-0003 Dimmocks Mill Road This rezoning request appears to have no new structures currently being proposed. As Long as that is the case and no new accesses are being proposed, no NCDOT action or approval is required MA24-0004 Faith Way Road This rezoning request appears to be taking place off NCDOT maintained road. It also appears to not be proposing any new structures or accesses.With that, no NCDOT action or approval is required. If you need anything else, please let me know.Thanks, and have a good day. Wishing you the best, David Genwright Assistant District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 (336)570-6833 digenwrightCcbncdot.gov 115 East Crescent Square Drive P.O. Box 766 Graham, NC 27253 Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. 28 From:Ashley E. Moncado<amoncado@orangecountync.gov> Sent: Friday,July 12, 2024 11:20 AM To: Elizabeth Farnan <efarnan@orangecountync.gov>;Trivedi, Nishith <ntrivedi@orangecountync.gov>; Matthew Taylor<mtaylor@orangecountync.gov>; Christian Hirni <chirni@orangecountync.gov>; Sandt, Christopher<csandt@orangecountync.gov>; Steve Kaltenbach <skaltenbach@orangecountync.gov>; Genwright, David I <digenwright@ncdot.gov>; Hudson, Victoria <vhudson@orangecountync.gov> Cc: Patrick R. Mallett<pmallett@orangecountync.gov> Subject: [External] DAC Memos MA24-0003 (Dimmocks Mill Road) and MA24-0004 (Faith Way Road) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good Morning, As part of the DAC review process,the Planning Department is requesting a memo for MA24-0003 (Dimmocks Mill Road) and MA24-0004 (Faith Way Road).These items were reviewed at the July 11 DAC meeting. Staff would appreciate to have the memos by end of day Wednesday,July 24 to meeting Planning Board review deadlines. If you have no further comments, please let us know. Thank you, Ashley Ashley Moncado,AICP Planner III Orange County Planning and Inspections Department Office: 919-245-2589 131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough. NC 27278 Applications. Forms. and Submittal Information ORANGE COUNTY . NORTH CAROLINA Pursuant to North Carolina General Statute 13Z correspondence sent and received from this account is a public record and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 29 orange County Emergency Services A Prepared,Coordinated,and Integrated Emergency Ser►rices System )o I FiF(WarOial I EMS I Emergency Management Fire & Life Safety Division TO: Cy Stober, AICP — Director, Planning & Inspections FROM: Elizabeth Farnan — Division Chief of Fire & Life Safety, Emergency Services CC: Ashley Moncado— Planner III, Planning & Inspections Date: July 17, 2024 CASE: MA24-0003 PIN: 9863093922, 9864002205 PROJECT: Rural Residential Watershed Boundary Line Zoning Atlas Amendment SUBJECT: Site Plan Review Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Emergency Apparatus Access, Addressing, and Water Availability for Required Fire Flow This memo is to show that the Fire & Life Safety Division has NO OBJECTIONS to the approval of the zoning atlas amendment request. � July 17, 2024 Elizabeth Farnan, FM Date 510 Meadowlands Drive I Hillsborough, NC 27278 I (919) 245-6100 Main Office www.orangecountync.gov/oces 30 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.24S.2575 MEMORANDUM TO: Patrick Mallett, Deputy Director, Development Services FROM: Christopher Sandt, PE — County Engineer, Planning & Inspections; and Steve Kaltenbach — Erosion Control and Stormwater Manager DATE: July 18, 2024 CASE: MA24-0003 — Zoning Atlas Amendment PINs: 9864-00-2205, 9863-09-3922 WATERSHED: Upper Eno Critical and Lower Eno Unprotected (Neuse River Basin) PROJECT: Dimmocks Mill Road SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion & Sedimentation Control and Stormwater Management This memo summarizes the Development Services Erosion Control and Stormwater Management Division's (hereafter, the "Division's) assessment of the submitted application for a Zoning Atlas Amendment (MA24-0003), submitted as the "Dimmocks Mill Road" project (hereafter, the "project"). The project is located within 16.97 acres of collective property (both PINs) on the east side of Dimmocks Mills Road and to the north of Moorefields Road in the Hillsborough township of Orange County, North Carolina. The request proposes a watershed overlay district boundary modification so as to accommodate subsequent development. The staff comments contained herein are based upon a required Rezoning Application and supporting information dated June 24, 2024. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Upon zoning approval, the proposed subsequent development would then be required to submit a Land Disturbing Permit (LDP) which would formally review and approve development activity consistent with the Rezoning Application. Erosion & Sedimentation Control (E&SC): According to current Orange County GIS imagery of the project parcel, there are two mapped stream features within the project parcel boundaries. Orange County enforces stream buffers along streams, rivers, water bodies, and other water features (e.g., wetlands)as outlined in Section 6.13 of the Orange County UDO. Based on the submitted materials, the project could meet the basic Erosion and Sedimentation Control Page 1 of 2 Orange County Government I www.orangecountync.gov 1 919.732.8181 31 requirements as required by Orange County UDO Section 6.15 and could be developed as generally proposed. Stormwater Management: There were no stormwater management related materials included in the Rezoning Application. The submitted materials indicate a level of development that could meet current UDO requirements specific to stormwater management. The project will need to meet applicable stormwater management requirements as outlined in Section 6.14 of the Orange County UDO and must be in general conformance with the North Carolina Stormwater Design Manual (i.e., Minimum Design Criteria). Conclusion: The Division has No Objections to the approval of the Rezoning Application so long as a complete LDP application and supporting plans and calculations are submitted for review, processing, and approval prior to commencement of any on-site Land-Disturbing Activity. As the project progresses, additional field observations, additional permitting by others, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with the Rezoning Application. C Digitally signed by Christopher J.San dt,P.E. Christopher J. S a n d t P.E DN cngineertng Diviopher sion, on,ema E,saOrange County,tync.orth Carolina , � . ou=Engineering Division,email=csandt@orangecountyncgov,c=US Date:2024.07.17 16:19:55-04'00' Christopher Sandt, PE Date 7/18/2024 Steve Kaltenbach Date Page 2 of 2 32 NC* DOA Department of Administration Roy Cooper Pamela B. Cashwell Governor Secretary July 26, 2024 Ashley Moncado New Goloka Village LLC Orange County Planning & Inspections 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278- Re: SCH File#24-E-4600-0326 Orange County has initiated a Zoning Atlas Amendment (conventional rezoning)to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. No amendments are proposed to the zoning district, other overlay district, or Future Land Use Map. Parcel pin 9863-09-3922, 9864-00-2205 Dear Ashley Moncado: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made in the review of this document. Because of the nature of the comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act, pending comments from the State Historic Preservation Office (SHPO).The attached comments should be taken into consideration in project development. If you have any questions, please do not hesitate to contact me at (984) 236-0000. Sincerely, KADISHA MOLYNEAUX State Environmental Review Clearinghouse Attachments Mailing Location 1301 Mail Service Center I Raleigh, NC 27699-1301 „,`t } 325 N. Salisbury St. I Raleigh, NC 27603 984-236-0000 ncadmin.nc.gov 33 n ROY COOPER NORTH CAROLINA Governor Environmental Quality ELIZABETH S.BISER Secrerory To: Kadisha Molyneaux State Clearinghouse NC Department of Administration From: Lyn Biles Division of Environmental Assistance and Customer Service Re: 24-0326 Environmental Assessment-Orange County has initiated a Zoning Atlas Amendment(conventional rezoning)to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. Orange County Date: July 25, 2024 The Department of Environment Quality has reviewed the proposal for the referenced project. Please find attached the comments for the applicants consideration. Thank you for the opportunity to respond. Attachments QNorth Carolina Department of Environmental Quality 217 West Jones Street 11601 Mai Service Center I Raleigh.North Carolina 27699-1601 919.707.8600 34 Roy COOPER - Governor ELIZABETH S.BISER �q Secretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality DATE: July 5, 2024 TO: Michael Scott, Division Director through Sharon Brinkley vL.A FROM: Deb Aja, Western District Supervisor- Field Operations Branch RE: SEPA Project 24-0326, Orange, NC New Goloka Village, LLS/Orange County Planning and Inspections Department Watershed Rezoning Project The Solid Waste Section has reviewed the Orange County Planning and Inspections Department documents for initiating a Zoning Atlas Amendment (conventional rezoning)to amend the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line in Orange County, North Carolina. The review has been completed and has found no adverse impact on the surrounding community and likewise knows of no situations in the community, which would affect this project from a solid waste perspective. During the project, every feasible effort should be made to minimize the generation of waste, to recycle materials for which viable markets exist, and to use recycled products and materials in the development of this project where suitable. Any waste generated by this project that cannot be beneficially reused or recycled must be disposed of at a solid waste management facility approved to manage the respective waste type. The Section strongly recommends that any contractors are required to provide proof of proper disposal for all waste generated as part of the project. A list of permitted solid waste management facilities is available on the Solid Waste Section portal site at: Solid Waste Facility List. Please contact Chuck Kirchner, Environmental Senior Specialist, for any questions regarding solid waste management for this project. Mr. Kirchner can be reached at (336) 776-9633 or by email at chuck.kirchner@ncdenr.gov. Ec: Drew Hammonds, Field Operations Branch Head Chuck Kirchner, Environmental Senior Specialist QNorth� Carolina Department of Environmental Qualfty I Division of Waste Management Asheville Regional Office 1 2090 U,S.Highway 70 1 Swannanoa,North Carolina 28778 VCIHII•C-tip!•"NA newm�Ma �ww.on 828.296ASOO State of North Carolina Department of Environmental Quality 35 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 24-0326 Due Date:7 22 2024 County: Orange After review of this project,it has been determined that the DEQ permit(s)and/or approvals indicated may need to be obtained for this project to comply with North Carolina Law.Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form.All applications,information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (Statutory time limit) Permit to construct&operate wastewater Application 90 days before begins construction or award of treatment facilities,non-standard sewer system❑ 30 days extensions&sewer systems that do not construction contracts.On-site inspection may be required.Post- (90 days) discharge into state surface waters. application technical conference usual. Permit to construct&operate,sewer extensions involving gravity sewers,pump Fast-Track Permitting program consists of the submittal of an 30 days ❑ stations and force mains discharging into a application and an engineer's certification that the project meets all (N/A) sewer collection applicable State rules and Division Minimum Design Criteria. system NPDES-permit to discharge into surface water Application 180 days before begins activity.On-site inspection.Pre- and/or permit to operate and construct application conference usual.Additionally,obtain permit to construct 90-120 days wastewater facilities discharging into state wastewater treatment facility granted after NPDES.Reply time,30 days (N/A) surface waters. after receipt of plans or issue of NPDES permit-whichever is later. ❑ Water Use Permit Pre-application technical conference usually necessary. 30 days (N/A) Complete application must be received,and permit issued prior to the ❑ installation of a groundwater monitoring well located on property not 7 days Well Construction Permit owned by the applicant,and for a large capacity(>100,000 gallons per (15 days) ) day)water supply well. Application copy must be served on each adjacent riparian property owner.On-site inspection.Pre-application conference usual.Filling may 55 days El Dredge and Fill Permit require Easement to Fill from N.C.Department of Administration and (90 days) Federal Dredge and Fill Permit. Permit to construct&operate Air Pollution Application must be submitted,and permit received prior to ❑ construction and operation of the source. If a permit is required Abatement facilities and/or Emission Sources as in an area without local zoning,then there are additional 90 days per 15 A NCAC(2Q.0100 thru 2Q.0300) requirements and timelines(2Q.0113). Any open burning associated with subject ® proposal must be in compliance with 15 A NCAC N/A 60 days (90 days) 2D.1900 Demolition or renovations of structures Please Note-The Health Hazards Control Unit(HHCU)of the N.C. containing asbestos material must be in Department of Health and Human Services,must be notified of plans to ® compliance with 15 A NCAC 20.1110(a)(1) demolish a building,including residences for commercial or industrial 60 days which requires notification and removal prior to expansion,even if no asbestos is present in the building. (90 days) demolition.Contact Asbestos Control Group 919-707-5950 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity.An erosion& sedimentation control plan will be required if one or more acres are to be disturbed.Plan must be filed with and approved 20 days ❑ by applicable Regional Office(Land Quality Section)at least 30 days before beginning activity. A NPDES Construction (30 days) Stormwater permit(NCG010000)is also usually issued should design features meet minimum requirements. A fee of $100 for the first acre or any part of an acre. An express review option is available with additional fees. Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular (30 days) ❑ attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Sedimentation and erosion control must be addressed in accordance with Local Government's approved program. Based on Local ❑ Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Program ❑ Compliance with 15A NCAC 046.0125—Buffers Zones for Trout Waters shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent(25%)of the buffer zone nearest the land-disturbing activity,whichever is greater. ❑ Compliance with 15A NCAC 2H.0126-NPDES Stormwater Program which regulates three types of activities:Industrial, 30-60 days Municipal Separate Storm Sewer System&Construction activities that disturb>_1 acre. (90 days) Compliance with 15A NCAC 2H 1000-State Stormwater Permitting Programs regulate site development and post- 45 days ❑ construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties,and various other counties and watersheds throughout the state. (90 days) DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3 April 4,2022/lbh State of North Carolina Department of Environmental Quality 36 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 24-0326 Due Date:7 22 2024 County: Orange Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (Statutory time limit) On-site inspection usual.Surety bond filed with DEQ Bond amount ❑ varies with type mine and number of acres of affected land.Affected 30 days Mining Permit area greater than one acre must be permitted.The appropriate bond (60 days) must be received before the permit can be issued. If permit required,application 60 days before begin construction. Applicant must hire N.C.qualified engineer to prepare plans,inspect construction,and certify construction is according to DEQ approved ❑ Dam Safety Permit plans.May also require a permit under mosquito control program.And 30 days a 404 permit from Corps of Engineers.An inspection of site is necessary (60 days) to verify Hazard Classification. A minimum fee of$200.00 must accompany the application.An additional processing fee based on a percentage,or the total project cost will be required upon completion. ❑ Oil Refining Facilities N/A 90-120 days (N/A) File surety bond of$5,000 with DEQ running to State of NC conditional 10 days ❑ Permit to drill exploratory oil or gas well that any well opened by drill operator shall,upon abandonment,be N/A plugged according to DEQ rules and regulations. ❑ Geophysical Exploration Permit Application filed with DEQ at least 10 days prior to issue of permit. 10 days Application by letter.No standard application forms. N/A Application fee based on structure size is charged.Must include 15-20 days ❑ State Lakes Construction Permit descriptions&drawings of structure&proof of ownership of riparian N/A property Compliance with the T15A 02H.0500 Certifications are required 60 days ❑ 401 Water Quality Certification whenever construction or operation of facilities will result in a (130 days) discharge into navigable water as described in 33 CFR part 323. Compliance with Catawba,Goose Creek,Jordan Lake,Randleman,Tar Pamlico or Neuse Riparian Buffer Rules is required.Buffer requirements: ❑ http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-riparian- buffer-protection-program Nutrient Offset:Loading requirements for nitrogen and phosphorus in the Neuse and Tar-Pamlico River basins,and in the Jordan and Falls Lake ❑ watersheds,as part of the nutrient-management strategies in these areas. DWR nutrient offset information: http://deg.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information ❑ CAMA Permit for MAJOR development $250.00-$475.00 fee must accompany application 75 days (150 days) ❑ CAMA Permit for MINOR development $100.00 fee must accompany application 22 days (25 days) ❑ Abandonment of any wells,if required must be in accordance with Title 15A.Subchapter 2C.0100. ❑ Notification of the proper regional office is requested if"orphan"underground storage tanks(USTS)are discovered during any excavation operation. Plans and specifications for the construction,expansion,or alteration of a public water system must be approved by the Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction ® as per 15A NCAC 18C.0300 et.seq.,Plans and specifications should be submitted to 1634 Mail Service Center,Raleigh, 30 days North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring requirements.For more information,contact the Public Water Supply Section,(919)707-9100. If existing water lines will be relocated during the construction,plans for the water line relocation must be submitted to ® the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center,Raleigh,North Carolina 27699- 30 days 1634.For more information,contact the Public Water Supply Section,(919)707-9100. Plans and specifications for the construction,expansion,or alteration of the water system must be approved through the delegated ❑ plan approval authority. Please contact them at for further information. DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3 April 4,2022/lbh State of North Carolina Department of Environmental Quality 37 INTERGOVERNMENTAL REVIEW PROJECT COMMENTS Reviewing Regional Office: Raleigh Project Number: 24-0326 Due Date:7 22 2024 County: Orange Other Comments(attach additional pages as necessary,being certain to comment authority) Division Initials No Comments Date comment Review DAQ SH ❑ See checked boxes above. 7/15/2024 DWR-WQROS JM ® & 7/12/2024 (Aquifer&Surface) & DWR-PWS TP ❑ See checked boxes. 7/15/2024 DEMLR(LQ&SW) CA ® No land disturbance proposed. 7/12/2024 DWM—UST MRP ® 7/9/2024 Other Comments ❑ / / REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office 2090 U.S.70 Highway 225 Green Street,Suite 714, 610 East Center Avenue,Suite 301, Swannanoa,NC 28778-8211 Fayetteville,NC 28301-5043 Mooresville,NC 28115 Phone:828-296-4500 Phone:910-433-3300 Phone:704-663-1699 Fax:828-299-7043 Fax:910-486-0707 Fax:704-663-6040 ® Raleigh Regional Office ❑ Washington Regional Office ❑ Wilmington Regional Office 3800 Barrett Drive, 943 Washington Square Mall, 127 Cardinal Drive Ext., Raleigh,NC 27609 Washington,NC 27889 Wilmington,NC 28405 Phone:919-791-4200 Phone:252-946-6481 Phone:910-796-7215 Fax:919-571-4718 Fax:252-975-3716 Fax:910-350-2004 ❑ Winston-Salem Regional Office 450 Hanes Mill Road,Suite 300, Winston-Salem,NC 27105 Phone:336-776-9800 Fax:336-776-9797 DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3 April 4,2022/lbh c� ,STATE 38 'f~ ya}a rrX ROY COOPER Governor ELIZABETH S.BISEP,Secretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Date: July 5, 2024 To: Michael Scott, Director Division of Waste Management Through: Janet Macdonald Inactive Hazardous Sites Branch From: Katie C Tatum Inactive Hazardous Sites Branch Subject: SEPA Project# 24-0326 New Goloka Village LLC/Orange County Planning and Development, Orange County, North Carolina The Superfund Section has reviewed the proximity of sites under itsjurisdiction to the New G61oka Village LLC/Orange County Planning and Development project. Orange County has initiated a Zoning Atlas Amendment (conventional rezoning) to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. No amendments are proposed to the zoning district, other overlay district, or Future Land Use Map. Parcel pin 9863-09-3922, 9864-00-2205 No (0) Superfund Section sites and no (0) Brownfields Program Sites were identified within one mile of the project as shown on the attached report. Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the Superfund Section review portion of this SEPA/NEPA inquiry. D North Carolina Department of Environmental Quality I Division of Waste Management 217 West]ones Street 11646 Mail Service Center I Raleigh,North Carolina 27699-1646 EQ�� NDRSH GAflDLlNA n.�.meemE�amrtaouar\ /� 919.707.8200 7/2/24, 12:04 PM about:blank 39 Superfund & Brownfield Sites SEPAMEPA Review Report Area of Interest (AOI) Information Orange County SEPA project 24-0326 Area : 2,484.24 acres Jul 2 2024 12:01:46 Eastern Daylight Time 'ro�Us:H;rtwevru.w R��Iphwav-1 o.W E-11_^d �, caul tal,niel8t �7 1-1111aborougn WTenFn Rry Calea4� 5w9�r "Nw, 1tlAp 10 0 MeM r161, '-' Y M1g 1p/ i�nW lut 9 Boop� �w14ntl N5 � P uF_esaTRllt KeN. - II _ n� 85i`�q ptl f GtulcMwtl Rp S New Grady Bm Wn S'cry�iil Ar•m8 G��if g' F ryuH N 1 a - Bv� Fµ3 Z - a Coe A a ay 36 11 2 Q 0.33 C.65 1 3 mi Inactive Hazardous Sites INC Brownfleds Location View o os 1 zkm © Recorded wry,0? ,_cw,xy,RC,sm°m 1--1-— 9 NO Further Interest T. HERE-,1,REMENT P 115G5 METIINPSA EPA. about:blank 1/2 7/2/24, 12:04 PM about:blank 40 Superfund and Brownfield Sites Orange County SEPA project 24-0326 Summary Name Count Area(acres) Length(mi) Certified DSCA Sites 0 N/A N/A Federal Remediation Branch Sites 0 N/A N/A Inactive Hazardous Sites 0 N/A N/A Pre-Regulatory Landfill Sites 0 N/A N/A Brownfields Program Sites 0 N/A N/A about:blank 2/2 41 Department of Environmental Quality Project Review Project Number: 24-0326 County: Orange Date Received: 6-25-2024 Due Date: 7-22-2024 Environmental Assessment- Orange County has initiated a Zoning Atlas Amendment Project Description: (conventional rezoning) to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. No amendments are proposed to the zoning district, other overlay district, or Future Land Use Map. Parcel pin 9863-09-3922, 9864-00-2205 This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville F,7] Air Air Quality 1:1Coastal Management Fayetteville a DWR Fv--']Waste Mgmt 1:1Marine Fisheries Mooresville �✓ DWR-Public Water Fv--']Water Resources Mgmt (Public CC&PS Div. of ✓ Water,Planning&Water Emergency Mgmt Raleigh DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia Wilmington Wildlife/DOT Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response(check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other(specify or attach comments) 42 Department of Environmental Quality Project Review Project Number: 24-0326 County: Orange Date Received: 6-25-2024 Due Date: 7-22-2024 Environmental Assessment- Orange County has initiated a Zoning Atlas Amendment Project Description: (conventional rezoning) to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. No amendments are proposed to the zoning district, other overlay district, or Future Land Use Map. Parcel pin 9863-09-3922, 9864-00-2205 This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville F,7] Air Air Quality 1:1Coastal Management Fayetteville a DWR Fv--']Waste Mgmt 1:1Marine Fisheries Mooresville �✓ DWR-Public Water Fv--']Water Resources Mgmt (Public CC&PS Div. of ✓ Water,Planning&Water Emergency Mgmt Raleigh DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia Wilmington Wildlife/DOT Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: 7/22/24 Melodi Deaver,DWM Hazardous Waste Response(check all applicable) X No objection to project as proposed. No Comment Insufficient information to complete review Other(specify or attach comments) 43 Department of Environmental Quality Project Review Project Number: 24-0326 County: Orange Date Received: 6-25-2024 Due Date: 7-22-2024 Environmental Assessment- Orange County has initiated a Zoning Atlas Amendment Project Description: (conventional rezoning) to amend to the Upper Eno Critical and Lower Eno Unprotected Watershed boundary line. No amendments are proposed to the zoning district, other overlay district, or Future Land Use Map. Parcel pin 9863-09-3922, 9864-00-2205 This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville F,7] Air Air Quality 1:1Coastal Management Fayetteville a DWR Fv--']Waste Mgmt 1:1Marine Fisheries Mooresville �✓ DWR-Public Water Fv--']Water Resources Mgmt (Public CC&PS Div. of ✓ Water,Planning&Water Emergency Mgmt Raleigh DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia Wilmington Wildlife/DOT Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: 7/3/2024 DWR/WRM David Wainwright Response(check all applicable) No objection to project as proposed. X No Comment Insufficient information to complete review Other(specify or attach comments) Attachment 5 44 Excerpt of Minutes DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 7,2024 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 8 Cheeks Township Representative; Statler Gilfillen, Eno Township Representative; Steve 9 Kaufmann, Bingham Township Representative; Charity Kirk,At-Large Representative; Chris 10 Johnston, Hillsborough Township Representative;Whitney Watson,At-Large Representative; 11 Marilyn Carter,At-Large Representative; Delores Bailey,At-Large Representative 12 13 MEMBERS ABSENT: Liz Kalies, Chapel Hill Township Representative; Beth Bronson,At-Large Representative 14 15 STAFF PRESENT: Perdita Holtz, Deputy Director— Long Range Planning &Administration; Patrick Mallett, 16 Deputy Director—Development Services; Lauren Coffey, Planner I; Jack Moran, Planning 17 Technician 18 19 OTHERS PRESENT: Jamie COX, Brian McGuire, Jerry Blanchard, Tammy McGuire, Becky Laskody, Lucas 20 Babinec, Douglas Jones, Linda Ridenhouse, Jessica King, Frank Cohen 21 22 ****** 23 AGENDA ITEM 9: ZONING ATLAS AMENDMENT OVERLAY DISTRICT)-To review and make a recommendation 24 to the BOCC on a County-initiated zoning atlas amendment to amend the boundary of the 25 Watershed Protection Overlay District on two parcels located east of Dimmocks Mill Road, 26 Hillsborough within the Hillsborough Township (PINs: 9863-09-3922 and 9864-00-2205). 27 This item is scheduled for BOCC public hearing on September 5, 2024. 28 Patrick Mallett: We've got two more cases on the agenda; I'll handle both of those. They're fairly similar. 29 This is different than your average duck that comes before you. I'm going to give you sort 30 of a brief overview before we start. Both of these involve a staff-initiated rezoning. In 31 both cases,what they're seeking to do and we, the staff, are seeking to do is to amend 32 the watershed boundary lines. There is a process, Orange County has an adopted storm 33 water watershed overlay throughout the county. We have the delegated authority from 34 the state and EMC to manage stormwater, erosion control, stream buffers, approve 35 limitations, whether it's impervious limits or density limits based on the watersheds. The 36 watershed boundaries were also subsequently adopted and decided to create overlay 37 districts for the protected and critical portions of the watersheds on that map. The map 38 was derived at a time when mapping was not as accurate as it is today. It needed to 39 make some general assumptions based on water courses. It is by no means perfect and 40 that's recognized by the state, it's recognized by us and several engineers and surveyors. 41 So, in these two cases it was realized by the property owners that the blue line is in one 42 location, ground truth, that line actually defies the laws of physics, the ridge line is not 43 there, it's here, the water course flows this way and that way, and the ridge line defines 44 the watershed boundaries. So that's the general overview of the two cases that I'm going 45 to go through very quickly. The first one is located off Dimmocks Mill Road, you can see 46 the red star there, southwest of Hillsborough. It's in the Upper Eno Critical watershed, the 47 majority of the property. What you see in blue on this map is the mapped watershed 48 boundary line and what you see in pink off to the left is what is certified by a surveyor and 49 an engineer as the true ridge line on that property. And this would hereby amend the 45 DRAFT 50 zoning overlay, they're not requesting and we're not requesting to change the zoning 51 districts, it would still be rural residential R1, it would just change the boundary and the 52 distinction between what is in the Upper Eno Critical watershed and the Lower Eno. 53 Future land use designation, agricultural residential, rural residential on the 10-year 54 transition. Our request is to modify that boundary to the area in pink. It only applies, you 55 see an odd jog, the reason being is this property owner applied for that boundary 56 amendment and then went through the process with the state and that, prior to getting 57 here, included a petition by the property owner to us with a survey indicating, with a 58 registered surveyor's seal, recorded this is the ridge line I'm certifying that this is the ridge 59 line that's been recorded. We notified the state about that request. We also notified the 60 Board of County Commissioners, they received that request, it was then passed on to the 61 state and then passed on to the EMC. The state has acknowledged that boundary 62 change so as far as the state is concerned, that pink line is the ridge line. We're going 63 through the semantics of quite honestly just amending our overlay district to correspond 64 with that line. 65 Lamar Proctor: I had a quick question. 66 Patrick Mallett: Sure. 67 Lamar Proctor: Why just this property, why not the adjoining parcels and make it correct all the way 68 through? 69 Patrick Mallett: Where do you stop? I mean, it would keep going and we need to have the process start 70 with the property owner and a surveyor. You have to have a surveyed boundary and a 71 surveyor attesting to the fact that that's the ridge line and it could keep going, we have 72 some adjacent property owners and I think one of them is going to contemplate whether 73 it's worth it for him to go through the same process. It's the property to the south of this 74 one. 75 Lamar Proctor: What's the practical result of moving it in terms of property use? 76 Patrick Mallett: It's simple but nuanced. Simple question with a nuanced answer. I think for larger 77 properties, not too much. In the second case you're going to see it had a direct impact on 78 that property owner and what she wanted to do. In this case, I think it has more to do with 79 the engineer pointing out if there's any development activity on this property or the smaller 80 lot, Lot No. 2 on this survey, there are implications that would apply in terms of impervious 81 to Lot No. 2. Ultimately the land disturbing activity on these properties would require a 82 land disturbance permit, a storm water analysis and so it has more to do with, from the 83 engineer's perspective, in that analysis I want to show pre and post-development, which 84 way the water's breaking and do my analysis accordingly versus running that analysis on 85 an arbitrary line that defies the laws of physics. 86 Lamar Proctor: Got it, thank you. 87 Patrick Mallett: Staff has determined the application is complete, staff reviewed the considerations of the 88 request, and it adheres to the principles of the Orange County 2030 comprehensive plan. 89 We went through the notifications like we would with other rezoning requests, signs, 90 notices, and put it on our website. And this is where we are. We went through planning 91 staff review, the DAC review, comments from other departments, and then this would get 92 referred on like other zoning cases to the board of county commissioners. We 93 recommend that you receive the rezoning application deliberate on the proposals desired, 94 consider the planning director's recommendation and make a recommendation to the 46 DRAFT 95 BOCC on either a statement of consistency or statement of inconsistency in the proposed 96 attachments. Our hope is to get this before the BOCC in time for September the 5th. The 97 next case, when I stop here you can ask questions about this case, then I can move on to 98 the next one. 99 Adam Beeman: We have two members of the public that want to speak on number 9. 100 Lamar Proctor: Is that the next one? 101 Adam Beeman: This one we're on right now. 102 Jerry Blanchard: I'll decline.All of my questions have already been answered. 103 Adam Beeman: Are you Jerry? 104 Jerry Blanchard: Yes sir. 105 Adam Beeman: The only other member was Frank. 106 Frank Cohen: I also yield my time, Patrick covered everything I had to say. 107 Adam Beeman: All right, perfect. Go ahead Charity. 108 Charity Kirk: Clarifying Lamar's last question, the benefit of moving it is for future development 109 purposes and it's better that it's in one watershed versus the critical watershed. But this is 110 the correct boundary. 111 Lamar Proctor: That's right, from the surveying perspective, from a reality perspective and quite honestly, 112 the way that this works, they're entitled to that ridge line that was adopted by the county 113 commissioners and affirmed by the state, so this has more to do with helping staff not 114 have an inconsistency between the boundary line and an action that's already been taken. 115 Charity Kirk: But we can just change the line without surveying every single property along it. Okay. 116 Patrick Mallett: It unfortunately needs to be on a case-by-case basis as requested. We do provide some 117 relief to the property owner in the sense that this is more of our issue on the zoning 118 amendment of the overlay and it's a staff-initiated zoning. We're not asking them to pay 119 for what boils down to a mapping need. 120 Lamar Proctor: And I interpret your response and your answer to mean that effectively you help property 121 owners in terms of not creating some weirdly inconsistent engineering requirements for an 122 arbitrary line that doesn't follow the realities of water flow and would create headaches in 123 terms of civil engineering of any development on that particular parcel. 124 Patrick Mallett: Yes. 125 Chris Johnston: When we have a new applicant that comes before us, do they also have the survey team 126 go out to check and see where the water line actually is. 127 Patrick Mallett: That's what happened. Prior to the zoning or that train leaving the station. 128 Chris Johnston: So, any new development that comes before us is going to amend that little line. 129 Patrick Mallett: Record it as surveyors attesting that is the true ridge line. And then we notify the state and 130 then it goes to the county commissioners on an agenda so that they can receive that 131 information and accept it. 47 DRAFT 132 Chris Johnston Gotcha. So, the line will fix itself as time moves on. 133 Patrick Mallett: Yeah. You're going to see probably more of these. Not a huge amount, but I can say in 134 the years that I've been here, we've run across this, this is not uncommon to see a line 135 that's like, this clearly is an error. 136 Chris Johnston Okay. 137 Patrick Mallett: In years past the path to resolve that was fairly ambiguous and muddled. I think now the 138 state is pretty clear on what they want, what we legally need to do to fix these things, so 1 139 think you'll see a few more of these. 140 Chris Johnston And then my follow-up question was, so this is by a surveyor who has sealed it which 1 141 assume means that they have attested by their honor or whatever the case may be, in 142 what realm would we push back on something like that? At what point would we say, no, 143 we don't think this is right because this line looks goofy or whatever? And if there would 144 never be an opportunity or reason for us to push back, why would it come to us? 145 Patrick Mallett: Because we have an overlay boundary that needs to be amended. 146 Chris Johnston: I see, so it's not something that could be handled by staff, it has to come before the 147 planning board, and we have to take time to review it. 148 Patrick Mallett: Yeah, we can't administratively change the watershed boundary lines. 149 Chris Johnston Okay, thank you. 150 Marilyn Carter: Is there, given that we can anticipate some more of these to happen, is there a financial 151 impact to the county that we should be planning for in supporting these changes? 152 Patrick Mallett: I guess the financial impact would be the alternative, which is something that's not exactly 153 consistent with reality and therefore gives you a skewed image of the development 154 requirements. 155 Marilyn Carter: Got it, so the county doesn't have to expend funds to correct this line. 156 Patrick Mallett: No, this is just staff time to process them. We obviously have the time, we're busy, busy, 157 busy, but this is something that needs to be done and we're doing it. 158 Marilyn Carter: Got it. Thank you. 159 Statler Gilfillen: As I'm reading and listening to the discussion, this is a little bit of the bureaucratic issue, 160 kind of a Catch-22 where you're caught. Is there not a practical solution somehow that 161 can minimize the bureaucracy of this, since it's, what I'm hearing, this is relatively cut and 162 dry. It's going to be done, but the bureaucracy is requiring a lot of your time and then 163 coming before the boards, is there a way to simplify that process? 164 Patrick Mallett: Not without exhaustive time and expense on the county's end to essentially go out and 165 systematically review the boundaries for every critical and protected watershed, and that 166 would extremely expensive. 167 Statler Gilfillen: Would it not be possible to do something so that you can just do it internally? 168 Patrick Mallett: We don't have registered surveyors. 48 DRAFT 169 Whitney Watson: Patrick, I think part of the question is you mentioned that this is not something that can be 170 administratively corrected within the planning department? What would need to happen 171 for it to be possible for planning to make these changes administratively rather than 172 having to prepare a packet and bring it before the planning board? 173 Patrick Mallett: That too, would be a radical change, so we, the county,when we adopted our watersheds 174 and we adopted them as overlays, there would have to be some consideration to change 175 that status and make it something different. That too, could be time-consuming and 176 costly. You're talking about notifications county-wide for the most part. And in the end, 177 we'd have to derive some rationale and a firm feeling that that's the right way to do these, 178 so we know what we know at this point. 179 Perdita Holtz: I was just going to put in a couple of sentences that watershed protection overlay districts 180 would have to be removed from the zoning ordinance, the UDO, as overlay districts and 181 be a standalone ordinance that doesn't require the process of planning board review and 182 a public hearing and a BOCC decision in order to amend a boundary that has been 183 surveyed. It would a big effort to take those out of the UDO, but then it would be done 184 also. 185 Patrick Mallett: Yeah, so it is possible, but you also have to keep in mind that even if we did do that the 186 state process requires that a registered surveyor survey the ridge line and attest to the 187 boundary, so it relieves some of the bureaucracy in terms of planning and zoning, but it 188 doesn't provide much relief for the property owner, they would still have to get a surveyor, 189 take it through, we'd have to notify the state, put it on a BOCC agenda to amend. That 190 process is above and beyond the zoning boundary. 191 Lamar Proctor: So, Perdita,what I hear you saying is to do something like that you'd have to basically 192 overhaul the LIDO and the comprehensive plan, or the FLUM and change the whole 193 scheme in order to do something different. 194 Perdita Holtz: Yes, and it would be a big job. It wouldn't necessarily require notification to all property 195 owners in the county if the board of county commissioners agreed to do what's called a 196 large-scale map amendment that requires just large newspaper ads, but it would still be a 197 big effort. It would be more than 10 minutes at the planning board meeting. 198 Lamar Proctor: Thank you. And should we handle these separately? 199 Patrick Mallett: Separately, they're separate cases. I can move on and brief the other one then you'll need 200 to act separately on each case. 201 Lamar Proctor: Should we do a motion on this one? 202 Chris Johnston: Dolores still hasn't had an opportunity. 203 Dolores Bailey: No, I was just going to say, we probably need to go ahead and take a motion on this one. 204 Adam Beeman: I would prefer to settle this one and we can deal with the last one. 205 Chris Johnston: I make a motion to recommend approval and adopt the statement of consistency by 206 planning staff on Attachment 6 and the proposed ordinance and send it to the Board of 207 County Commissioners. 208 Dolores Bailey: Second. 49 DRAFT 209 MOTION BY Chris Johnston to approve the Zoning Atlas Amendment. Seconded by Dolores Bailey 210 MOTION PASSED UNANIMOUSLY 211 ****** 50 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN A County-initiated amendment to the Zoning Atlas has been reviewed to amend a zoning overlay district as follows: Parcel Owner of Proposed Identification Township Current Zoning Number (PIN) Record Zoning New Goloka E R1, Rural Residential Change to 9863-09-3922 Village, LLC . Upper Eno Critical Watershed and Hillsborough Watershed Protection Protection g and Frank Overlay District Overlay 9864-00-2205 David Cohen . Major Transportation District Corridor Overlay boundary The Planning Board hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance (UDO) have been reviewed and deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. Professional survey work completed in May 2024 revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries. As a matter of policy, the State advises delegated programs such as Orange County to notify the elected body of the watershed boundary change for formal recognition. Orange County Planning staff informed the Orange County Board of Commissioners (BOCC) of the watershed boundary change at their June 18, 2024 meeting. At that time, the Board approved an amendment to the Upper Eno Critical Watershed Protection Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 51 Land Use Goal 6 A land use planning process that is transparent, fair, open, efficient, and responsive. Natural and Cultural Resources Overarching Goal A sustainable balance and appreciation of natural, cultural and agricultural resources. The Planning Board hereby adopts this Statement of Consistency and the findings expressed herein and recommends the Board of County Commissioners consider adoption of the proposed Zoning Atlas Amendment. Vote: Al For, Against OV&�A I-7l Adam Beeman, Chair Date Attachment 6 52 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN A County-initiated amendment to the Zoning Atlas has been reviewed to amend a zoning overlay district as follows: Parcel Owner of Proposed Identification Township Record Current Zoning Zoning Number (PIN) New Goloka ■ R1, Rural Residential Change to ■ Upper Eno Critical Watershed 9863-09-3922 Village, LLC and Hillsborough and Frank Watershed Protection Protection 9864-00-2205 Overlay District Overlay David Cohen . Major Transportation District Corridor Overlay boundary The Board of County Commissioners hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance (UDO) have been reviewed and deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1 .7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment— Plan Consistency and 160D-605(a) Governing Board Statement— Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. Professional survey work completed in May 2024 revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries. As a matter of policy, the State advises delegated programs such as Orange County to notify the elected body of the watershed boundary change for formal recognition. Orange County Planning staff informed the Orange County Board of Commissioners (BOCC) of the watershed boundary change at their June 18, 2024 meeting. At that time, the Board approved an amendment to the Upper Eno Critical Watershed Protection Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 53 Based on staff review and coordination with the NC Division of Energy, Mineral, and Land Resources (NC DEMLR) Water Supply Watershed Protection Coordinator, the sealed professional survey represents the most recent and accurate data and should be recognized as the true ridgeline and watershed boundary on the parcels. Staff has notified NC DEMLR and the North Carolina Environmental Management Commission (EMC) of the change. This Zoning Atlas Amendment request will bring this overlay district into alignment with the State-recognized watershed. No amendments are proposed to the based zoning district, Major Transportation Corridor overlay district, or Future Land Use Map. Accordingly, the proposal is consistent with goals/objectives outlined within the Comprehensive Plan concerning development, including: Planning Principle 2, Sustainable Growth and Development Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Planning Principle 4, Natural Area Resource Preservation Protection of the County's natural areas, including forests, wildlife habitat, and other important open spaces should be a priority. The County should work with regional and local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. Planning Principle 5, Preservation of Rural Land Use Pattern The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. Planning Principle 6, Water Resources Preservation The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. Land Use Element 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 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 system. 54 Land Use Goal 6 A land use planning process that is transparent, fair, open, efficient, and responsive. Natural and Cultural Resources Overarching Goal A sustainable balance and appreciation of natural, cultural and agricultural resources. The Board of County Commissioners adopts this Statement of Consistency and the findings expressed herein. Vote: For, Against Jamezetta Bedford, Chair Date Attachment 7 55 Ordinance#: ORD-2024-023 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated an application to amend the Orange County Zoning Atlas, as established in Section 1.2, of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to modify the Upper Eno Critical Watershed Protection Overlay District boundary line on PINs 9863-09-3922 and 9864-00-2205, hereafter `the Property'; and WHERAS, professional survey work completed in May 2024 revealed a discrepancy with Orange County's mapped watershed boundary lines, which are based upon the State's delineation of water supply watershed boundaries; and WHEREAS, Zoning Atlas Amendment to modify the boundary will bring the overlay district into alignment with the State-recognized watershed; and WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete; and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare; and WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the adopted 2030 Comprehensive Plan and reasonable and in the public interest. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to modify the Upper Eno Critical Watershed Protection Overlay District boundary line, as detailed within the submitted application. 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 , 2024. I, Laura Jensen, 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 , 2024 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 , 2024. SEAL Clerk to the Board of Commissioners 1