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HomeMy WebLinkAboutAgenda - 09-05-2024; 5-c - Zoning Atlas Amendment – 711 Faith Way Road, Mebane, Cheeks Township 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2024 Action Agenda Item No. 5-c SUBJECT: Zoning Atlas Amendment — 711 Faith Way Road, Mebane, Cheeks 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 Back Creek Protected Watershed Overlay District and Upper Eno Protected Watershed Overlay District boundary line on one parcel totaling approximately 1.73 acres (PIN: 9835-67-1605) located at 711 Faith Way Road, Mebane, within the Cheeks 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 May 21, 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 Back Creek Protected Watershed Overlay District and Upper Eno Protected 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): Nathan and Jessica King Mailing Address: 711 Faith Way Road, Mebane 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): 9835-67-1605 Total Acreage: 1 .73 Address: 711 Faith Way Road, Mebane Future Land Use Map Classification: Rural Residential Current Zoning Designation: R-1 , Rural Residential Requested Zoning Designation: Amend the Back Creek Protected and Upper Eno Protected 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 Property owners Nathan and Jessica King hired Riley Surveying, PA, to survey the parcel's existing impervious cover and topography, including the ridge line between the two watersheds on their 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. This Watershed Boundary Location Survey was subsequently recorded with the Orange County Register of Deeds on March 28, 2024 (PB127, PG87). 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 May 21, 2024 meeting. At that time, the Board approved an amendment to the Back Creek Protected Watershed Overlay District and Upper Eno Protected 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/72545/Pagel.aspx The Zoning Atlas Amendment includes the following parcels: PIN 9835-67-1605 Location 711 Faith Way Road, Mebane Acreage 1.73 acres Property Owner Nathan and Jessica King Legal Description 2 NATHAN R KING & ALICE H DELOZIER P126/189 Zoning R-1, Rural Residential Watershed Back Creek Protected and Upper Eno Protected Future Land Use 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 notified Orange County Government I www.orangecountync.gov 1929-732.8181 6 NC DEMLR and the North Carolina Environmental Management Commission (EMC) of the change. The change was reviewed and approved by the state on June 10, 2024. 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 or Future Land Use Map. Orange County Government I www.orangecountync.gov 1929-732.8181 liffivIrw 7 T� A. . cEBgNDN RD Back Creek Protected i i 9835671605 f � i Upper Eno Protected • n v Q Proposed Watershed Boundary I,!?- Existing Watershed Boundary N t in=too feet Q PIN 9835671605 oR�E COUNTY Feet Zoning 0 100 Planning and Inspections Department(BC) R 1 6/26/2024 O:\G IS Workspace\Projects\Sta$Report\PIN 9835671605 Watershed Overlay Amendment\PIN 983567i6o5 Watershed Overlay Amendment.aprx\Zoning 8 Parcel Data: Land Disturbance Permitting Requirements: Relevant Documents from Register of Deeds: Zoning Information: Disclaimer: Stream,Water Body,and Floodplain Buffers: Date: r- , +' It soil:Or I Bac Creek Pro cted Wit rshed 1�ti Flood Soil:GeB ` Panel: ,hA ! 9835J 10 RI t� Upper Eno - o Protected Soil:GeC Watershed Soil: HrB `� irA 0 IFEO N amf,aa's unrr+u rr 9 as"`n+ww+.o.x rr sePrrvrs,nr E,aar Ax Anuu ..`'""' wr.er+ur r..rxa,n swew,srae mrm urm,PFrw °v-'m wr P.wnrim xr t¢EAJ c`ra r�..... +rA•uvf.rrw vcw ra.•o,.soar�..PAee�Lr[z: ax..«...-.. vr+r■.NO cr+erc•,s,o.w rns,rrvca AcuFm.n cA,r4Arm,s 000.r nar ac aawr,us,rrvr+w $ arTf srsrcr law swrcr ua*+f Fueew,w,tirAw r,ar w.s 3 nttv w mroar r,r cPs�r- m r�'��1 a..ss rs-sesrr: 7]ApS+r,ow1,A Fx : + xFsfu[u irna�rterY>t' a.aeflVJ irruliw e.as w+e r x+r r r P •r s s111!rriF fY Pr5'>-+GFi`9W�!�u.rrae w�%5 PrE�fv[$KfrM cM fAC.- r[NC Fae•0 w,T„Irc NOP' � ftFp/El Crl: N1a' ■ fc�; e P IIIIIH�I� o rAcrov.• o-wnAwso %Ju`o+rs i� .e.rArrov, mnaF R°OO.eerNOeee o eo°lx�0w r p w l Aar ! r mrs Zl,t[fn rwr Afpl+A[�ET'r or c-s.wao uCnar r-rf Cfrl AL ICE H. lIELOZrER PFF MR u+W Pge t a+ irwT rrr.RrhfY rs a•r frfsr+,n MaL w PA¢f v I 992 2& �'�'�O1Ar`° 'c'"'�"' r`�(•� y r,..,rArurF Fx,arfw rwmrNrs.w urs wr arrArc n 5999� fltr SraEFr PQ fra•.CF Ae pr,9rlfn sreur- r,rfs qAr ANf fAfR+,tlL+M PC�aFf�w+rr,C-e..r�f0 r3 4[MCa. mini wr xn'�i�e[aiwx�RSLLr,W rrt Nr M,Cjw SfSlp�w..rtce woo SAL MIS rr� M I �G W r W A.a-. �gy4rty � P► Er2iW' //�� AMYfO, G � DAVID d ErSIKO 84RWARD � p - •,� ❑9.3555 PC 5,9 e I �s�l!1 11 1 ��, ❑ a ALrcE M. DELoz se Lt8]W8 PG 75 PE 92 f26 NATAM&JESSICA KING I A3 68JO PG 658 I_ s AREA- e-T,78iiG —� FL1'J-rDJB.O➢f.Yf Y�— _ °y'ewsro ov+Fevr�eea�A7arrbar 8 l,E�EyQ m a - Opp pAp a rYr51 me+Apv PrAFC-J e+rsP All-VI r rIwo srr"Kr nvl _3 'W YrIC rTY AMC SEPTIC TIM Lla ALICE H. OELOZrER w ims PG J5 TfLfPlR.Vf'PCaFSTA� P9 72 PG f76 l6 wu ...m.rr.p MOMCN rfN WIM FF •�••� 11111fRERQ'/8 TELFPMkL filetE U� —•VV' OrE�EAC w1m,rr,,rrfs "W;fM.rrf 100'Ar4r ww A PRL1oE L,AF WATERSHED BOUNDARY LOCATION Ex.PRQ ff LFW m RLgIN r ONLY ON THE PROPERTY OP rJ nnermrrAe o+srw�s snN- —-- rr rcr aa' � p I NA THAN B JESSICA KING RILEYSUR"NG,P.A. AMDUPNWCW&IAL fp SFEg1Lp��f r,ro CHEEKS TOWNSHIP LVA9'iW AW 27797 ORANGE COUNTY,NC C-M p nq.Q.— Bonk 127 10 I W ate r s h e d s Roana_ke RiXer,6asin --- - ----- ------ --- --.— - - Hyco Greek 5outh}Hy o Cre- k' I- ' (Protected}� F`a#River.` 1 (Prot cted),,,, I� 1 r� A P - r� r' J ri [ Little River. .,(Protected) estF•rk I .. on Eno 6ack.Creek Rese r I (Protected) NFE Lak rang I Neuse River,Basin- _ Upper Eno (Protected) { Upper Eno r j (Critical} � Lower Ena s Co rate Lake PIPE 538' 70 Lower Eno' r' {Protected] f`= R n J hnston Haw.Creek Se ve Mile C k 70A PE 581' } *0 Municipal Jurisdiction - Streams 751 Water Bodies j'" River Basin Boundary 4 Cane Creek • y- (Protected) ` 2 Q cape Fear Watersheds ' Rive Basin' f. y Water Supply Watersheds: r � � r r.", • Jordan Lake Protected Critical an Creek E ne Cree {critical), ' r'L —t Ra i I road rvoir E 86 ,. 15 N Haw River' ORANGE Uni►tersity•Lake 501 ' COUNTY �(PM46tedy I )k o t 2 3 a 7 Unive iryLake Miles Note: This watershed map replaces previous versions" Haw. River University. Reference: Orange County Zoning Ordinance [Protected} �Lrake IIECA revision adopled June i,2470 � = Orange County Planning&Inspections Department [C 'tic al)— GIS map prepared by Brian Carson i -Jordan,Lake2:l WatershedslCritical AreaslBasins Data:November,2010 Revision i[P_rvtected} ,? - - -------— ? - ---=-----=-=- - r 101112020 ROY COOPED u , Governor ELIZABETH S.B1SER Secretar}, ;ouv ` WILLIAM E.TOBY VINSON,1P, NORTH CAROLINA Interim Director Environmental Quality June 10, 2024 Mr. Christopher Sandt, County Engineer Orange County Planning and Inspections Department 131 W. Margaret Lane, Suite 201 P.O. 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 on May 22, June 4, and 6,2024. On May 21, 2024, Orange County Board of 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 Orange County's efforts to help protect the vital public water supplies of this state. Please contact me at paul.clark@dN.iie.gov or(919) 707-3642 should you need assistance. Sincerely, �il Yd, -.,/ Paul Clark Water Supply Watershed Protection Coordinator cc: Bill Denton,Raleigh Regional Office, Supervisor North Carolina Department of Environmental Q mlity Division of Energy,Mineral and Land Resources 512North Salisbury Street 1 1612 Mail Service Centex 1 Raleigh,North Carolina 27699-16t2 919.707.9200 Staff Report Attachment 2 ORANGE Zoning Atlas Amendment COUNTY NORTH CAROLINA Parcel Information Vicinity Map for Watershed Overlay Amendment Application 711 Faith Way Road, PIN 9835671605 Parcel Address y Mebane Coda rGr T in hip j Town 1 P ° " " VJ1 Parcel Identification gh^wnsbP •t• che6k6T° S"'P 9835-67-1605Number (PIN) b j r Eno r " 1- E�w°=b,p Orange County • Htllsb yb Applicant Name ,�kletiane `'` and Address 131 W. Margaret Lane Enn - v " r Hillsborough, NC f Upper 1 Eno critical Nathan and Jessica P. 3�»6 Property Owner King ee 1 cn°m,� �d � _°ha"'"llTar"sh`° .:"r1- Name and Address 711 Faith Way Road �I c r yip ' I a°mWn4l� e — ms y Mebane Interlocal Watershed Overlay Amendment PIN 9835671605 Current Zoning Agreement Applicable No (Y/N) Current Zoning District R-1, Rural Residential Back Creek ProfecteG Requested Zoning N/A District Requested Zoning 98356,71605 District Consistent i with Appendix F of N/A Comprehensive Upper Eno Profected Plan Back Creek Protected Existing Zoning Watershed Protection Overlay Districts Overlay District and Upper Q PIN 9835671605 Eno Protected Watershed —sbeama Protection Overlay District �Waer6°de pPr°posedwerelsn°ae°anaary Amendments •`}Existing watershed Boundary aarw eaeaeaO ., ' R' Proposed for o Overlay Districts Yes (Y/N) 1 Parcel Size +/- 1.73 _7_� Adopted Future Land Use Map with Parcel 9835671605 Depicted Future Land Use Map Rural Residential (FLUM) Designation FLUM Overlay(s) N/A Growth Management Rural System Designation 13acN Creek roteeted "e a,o Rural Residential - Land in the Definition of FLUM rural areas of the County which 983557,7fi05 Designation is appropriate for low intensity (from Article 10 of and low-density residential Unified Development development, and which would Ordinance (UDO) not be dependent on urban Upper Eno Protected services during the plan period. S Surrounding Land Uses and Zoning > North Q PIN 9835671606 1.5. r,}Existlng Watershed Boundary Q Proposed Watershed Boundary Streams Water Bodes South Raseu Pm ieaAre A All lots are zoned R-1 (Rural Residential) with Putare Laad U.-Rural Resdental " single-family residential uses or are currently - East undeveloped and in agriculture use. Aerial Image with Parcel 9835671605 outlined West Existing Roads North N/A ¢ Back Creek Protected South N/A East N/A f West Faith WayRoad iu�Irr Ens PrIL ntcretl y I PIN 9835671605 ;}Existing Watershetl 8ountlary Q Proposed Watershed Boundary 2 14 Existing Conditions/Physical Features The parcel currently contains an existing residential structure, accessory structure, and gravel driveway. Faith Way Road (private road) is located within the western portion of the parcel. Zoning Atlas Amendment Overview III iiiiw Orange County has initiated a Zoning Atlas Amendment to modify the Back Creek Protected Watershed Overlay District and Upper Eno Protected 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 base zoning 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 1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO. 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. IL_ 3 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 March 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 May 21, 2024 meeting. At that time, the Board approved an amendment to the Back Creek Protected Watershed Overlay District and Upper Eno Protected Watershed Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 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 rid eline and 4 16 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 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 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 17 Attachment 3 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 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 Back Creek Protected Watershed Overlay District and Upper Eno Protected Watershed Overlay District boundary line on one parcel (PIN: 9835-67-1605) 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 MMW10 Ashley Moncado, AICP Planner III Orange County Planning 18 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 I919•245•2575 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 Back Creek Protected Watershed Protection Overlay District and Upper Eno Protected Watershed Protection Overlay District boundary line on one parcel (PIN 9835-67-1605)will be reviewed. The subject property is located at 711 Faith Way Road, Mebane, within the Cheeks 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 ID Number(PIN) 9835-67-1605 Owner Nathan and Jessica King Applicant Orange County Location 711 Faith Way Road, Mebane Acreage +/- 1.73 acres Current Land Use Residential Designation Current Zoning R1, Rural Residential Proposed Zoning N/A Watershed Designation Back Creek Protected and Upper Eno Protected Professional survey work completed in March 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 the overlay districts 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 19 consider the matter. BOCC Meeting Information Date September 5, 2024 Time 7:00 p.m. Place Whitted Meeting Facility Address 300 West Tryon Street, Hillsborough, NC Patrick Mallett Assigned Planner Deputy Director— Development Services 919-245-2575 or pmallett@orangecountync.gov 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, /;R /Z—/�44 Patrick Mallett Deputy Director— Development Services Additional information is available on the Orange County Planning Department's website: https://www.arcgis.com/apps/dashboards/16e9edd5de724468aed69571 dd1 d9e70 0 LE •. 515L■ .� .AMV Orr. 1 ■ •: • ■ �_��i Ej•i:a:i■ Whitted Building (300 W. Tryon St. ) - Meeting LdEation .i 'AQ r ParkinA. g - i 1 r e•y ' LU �:• ` r ' Z _ Parking" .t of Whitted s Building r r...-Iq.c'w,��,,,',�N�rr-,'"T' -7 eft- r '��--- -1 `+ W TRYON � ) 'li - a.•/ail � •, 4 rparking �(t! 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9835589253 TINNIN JAMES RODNEY 5715 LEBANON CH RD MEBANE NC 273028818 9835684049 ROACH DIANETRUSTEE ROACH MIKETRUSTEE 96 HENLEY WAY <Null> AVON CT 6001 9835688104 LEHTO JANAE JACKAN MICHAELHRS 5528 FIELDVIEW RD <Null> MEBANE NC 27302 9835688337 SMITH RENELDAP 5544 FIELDVIEW RD MEBANE INC 27302 9835762475 TERRELL ELIJAH C <Null> <Null> 5506 LEBANON RD <Null> Mebane NC 27302 9835771708 MARTINEZ LUIS MARTINEZ LAUREN 5510 FIELD VIEW RD <Null> MEBANE INC 27302 9835479265 BAKER BRENDA K <Null> <Null> 716 HARLEY DAVIDSON LN <Null> MEBANE INC 27302 9835562903 FRENCHI CHRISTOPHER <Null> <Null> 513 ROLLING MEADOW RD <Null> MEBANE INC 27302 9835564837 SCHAD ADAM M <Null> <Null> 1304 HIGH RIDGE DR <Null> MEBANE INC 27302 9835567742 FRUEH ERICZ FRUEH JOHANNAHR 1223 HIGHRIDGE DR MEBANE INC 27302 9835574043 HAMILTON CHARLESMJR HAMILTON ANNETTET 1312 HIGH RIDGE DR <Null> MEBANE INC 27302 9835575879 COLLEY CRYSTAL <Null> <Null> 1419 HIGH RIDGE DR <Null> MEBANE INC 27302 9835577831 PETTIFORD CORDICE D PETTIFORD HATTIE M 5716 LEBANON RD MEBANE NC 273028818 9835578003 CARDWELL CHRISTOPHER DOUGLASS CARDWELL SARAJANE 1313 HIGH RIDGE DR <Null> MEBANE INC 27302 9835580337 DENTON MARGARETCRAVEN 1508 CEDAR POINTE DR MEBANE INC 273028856 9835582525 KNOWLES ANDREWTRUSTEE <Null> <Null> 1517 CEDAR POINT DR <Null> MEBANE INC 27302 9835589719 KUNSMAN MORGAN ELIZABETH FAIRCLOTH JARED GLEN 5800 SAM MILLER DR <Null> MEBANE INC 27302 9835663366 MCADOO TERRANCES LONG MCADOO HELENM 216 CLIMBING ASTER CT <Null> MEBANE INC 27302 9835664755 KING ROBERT KING TAMMY 1057 GOLD ROCK LN <Null> MORRISVILLE INC 27560 9835772792 MORGAN DANNYK <Null> <Null> 5504 FIELDVIEW RD <Nul> MEBANE INC 27302 9835781074 LEE TYLER LOCKWOOD <Null> <Null> 5511 FIELDVIEW RD <Null> MEBANE INC 273027031 9835783032 SHAMBLEY WILLIAM C <Null> <Null> 5505 FIELDVIEW RD <Null> MEBANE INC 273027031 9835478936 THOMAS CHRISTOPHERJ <Null> <Null> 1000SAM TUCKER LN <Null> HILLSBOROUGH INC 27278 9835564614 VESCOVI CALEBJ PECORA MARINAN 1220 HIGH RIDGE DR <Null> MEBANE INC 27302 9835570992 ALLEN REGINA D 5820 LEBANON RD MEBANE INC 273028819 9835572686 DANIELS RICHARD H SR HRS <Null> <Null> 3917 THOMPSON MILL RD <Null> GRAHAM INC 27253 9835574345 FRACCARO HOLLY <Null> <Null> 1322 HIGH RIDGE DR <Null> MEBANE INC 27302 9835574913 MARTINEZ KRISTIN E MARTINEZ JONATHAN 0 1420 HIGH RIDGE DR <Null> Mebane INC 27302 9835580223 BAZEMORE SUSAN BYRD 1500 CEDAR POINT RD MEBANE INC 273028856 9835582292 ROSSON GARY <Null> <Null> 1503 CEDAR POINTE DR <Null> MEBANE INC 27302 9835584505 HOWELL WEBB CALDWELL IV HOWELL CHRISTINA 5812 SAM MILLER DR <Null> MEBANE INC 273028857 9835586523 TREJO OSCARABRAHAM ARROYO NANCI BONILLA 5804 SAM MILLER DR <Null> MEBANE INC 27302 9835660317 SCHAUB RICHARDF SCHAUB TAMMYS 208 CLIMBING ASTER CT <Null> MEBANE INC 27302 9835670877 HARWARD DAVID ZACHARY HARWARD ETSUKO T 717 FAITH WAY RD MEBANE INC 27302 9835685074 TOTTEN NELLIE <Null> <Null> 5607 LEBANON RD <Null> MEBANE NC 273029525 9835688640 JONES LEANDERC JONES TONYAS 5550 FIELD VIEW RD <Null> MEBANE INC 27302 9835780166 WALKER PHYLLIS <Null> <Null> 5533 FIELDVIEW RD <Null> MEBANE INC 27302 9835781428 ATKINSON COLIN ATKINSON CAROLINE 5551 FIELD VIEW RD MEBANE INC 27302 9836604380 MARKHAM FARMS LLC <Null> <Null> <Null> 5635HIDEAWAYDR <Null> CHAPELHILL INC 27516 9835560931 DUDLEY JOHN S DUDLEY AMY R 521 ROLLING MEADOW DR <Null> MEBANE INC 27302 9835567856 BROOKS MONISASHEREE 1303 HIGH RIDGE DR MEBANE NC 27302 9835570900 TATUM JOHNWJR <Null> <Null> 9601 LESLIE DR <Null> CHAPELHILL INC 27516 9835577689 NEAL IMARI ROUNDTREE TIFFANY 1415 HIGH RIDGE DR <Null> MEBANE NC 27302 9835588575 HUGHES TRAM HUGHES EDWARDJ 5802 SAM MILLER DR <Null> MEBANE INC 27302 9835661395 WADE ANNER <Null> <Null> 212 CLIMBING ASTER CT <Null> MEBANE INC 27302 9835665397 HAUSSER DANIEL LSR HAUSSER KARENM 220 CLIMBING ASTER CT <Null> MEBANE INC 27302 9835676393 DELOZIER ALICE H <Null> <Null> 700 FAITH WAY RD <Null> MEBANE NC 27302 9835678947 JONES KEVIN L 5522 FIELDVIEW RD MEBANE INC 273027031 9835679834 DAY HOLLYMCPHERSON DAY WENDYCAROL 5514 FIELDVIEW RD <Null> MEBANE INC 273027031 9835682139 TROYER DANIELJ TROYER MELISSAN 2599 US HWY 64E <Null> MOCKSVILLE INC 27028 9835683161 FLICEK ELIZABETH FLICEK ROBERT 5619 LEBANON RD <Null> MEBANE INC 27302 9835781314 REGNAULT LORILYA HRS <Null> <Null> 5539 FIELDVIEW RD <Null> MEBANE INC 27302 O RAN G E COU N T Y , N C Watershed Overlay Amendment PIN 9835671605 Notification Map Ooo OR el/V ME4) CN 0 z Ln SAM.MILLER DR T o' FIELD CT vi Ai Cl o ❑ w 3 A Back Creek Protectec o Z J W LL CFBANON RO 98356-1605 -n NPRLEy DAV IDS.ON-L'N D S 0 W C7 2 (9 Upper Eno Protected MEAD_O_W DR ROW- RpLLING- Qti QZ v CLIMBING ASTER CT QNT hONPCT O Q PIN 9835671605 N tin=400 feet 1,000 Foot Notification Area o�N EGE� COUNTY Feet V,E" Existing Watershed Boundary 0 400 Planning and Inspections Department(BC) Proposed Watershed Boundary 6/25/2024 O:\GIS Workspace\Projects\State Report\PIN 98356716o5 Watershed Overlay Amendment\PIN 9835671605 Watershed Overlay Amendment.aprx\Watershed Overlay Amendment PIN 98356716o5 Notification Map 23 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 Faith Way Road Rezoning Application Case #: MA24-0004 PIN: 9835-67-1605 711 Faith Way Road, Mebane 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 #MA24-0004 for PIN 9835-67- 1605. 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 24 �1 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: MA24-0004 Faith Way Road - Zoning Atlas Amendment Location/PIN: 9835671605 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(a-_)orangecountync.gov 919-245-2576 No comment James Bryan Attorney's Office Date: Staff: 0b rya n 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(a_orangecountync.gov 919-245-2514 No comments received. Environmental Victoria Hudson Health Date: 7/8/2024 Staff: vhudson(a)orangecountync.gov 919-245-2365 1. No comments to report. Erosion Nate Jacobsen Control Date: 7/9/24 Staff: niacobsen(a-orangecountync.gov 919-245-2580 1. No comments. 25 Fire and Life Elizabeth Farnan Safety Date: Staff: efarnan(a)orangecountync.gov 919-245-6153 No comments received. David Genwright NCDOT Date: Staff: digenwrigh�ncdot.gov 336-570-6833 1. Rezoning request appears to be taking place off NCDOT maintained road. It also appears to not be proposing any new structures. With that, no NCDOT action or a roval is required. Patrick Mallett Planning Date: 7/8/24 Staff: Pmallett(a)orangecountync.gov 919-245-2577 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(a)_orangecountync.gov 919-245-2583 1. The project is located in the Upper Eno Protected 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(@orangecountync.gov 919-245-2002 No comment 26 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 r 1 Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. 27 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. 28 �.s orange County Emergency Services 9 A Prepared,Coordinated,and integrated Emergency Services System E-91 1 I Fire Marshal 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: MA24-0004 PIN: 9835-67-1605 PROJECT: Rural Residential 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 1 (919) 245-6100 Main Office www.orangecountync.gov/oces 29 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: MA24-0004 — Zoning Atlas Amendment PIN: 9835-67-1605 WATERSHED: Upper Eno Protected (Neuse River Basin) PROJECT: Faith Way 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 (MA24-0004), submitted as the "Faith Way Road" project (hereafter, the "project"). The project is located within 1.73 acres of property at 711 Faith Way Road in the Cheeks township of Orange County, North Carolina. The request proposes a watershed overlay district boundary modification so as to accommodate subsequent development consisting of: ■ garage construction 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 no mapped stream features or special flood hazard areas within the project parcel boundaries. Orange County enforces stream buffers along streams, rivers, water bodies, Page 1 of 2 Orange County Government I www.orangecountync.gov 1 919.732.8181 30 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 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. Digita lly si,nedby Christopher J.Sandt,P.E. Christopher J. Sandt P.E. DN:cn=ChristopherJ.Sandt,P.E.,o=Orange County,North Carolina, ou=Engineering Division,email=csandt@orangecountync.gov,c=US Date:2024.07.17 16:19:04-04'00' Christopher Sandt, PE Date 7/18/2024 Steve Kaltenbach Date Page 2 of 2 Attachment 5 31 DRAFT 1 Excerpt of Minutes 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 10: 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 a parcel located at 711 Faith Way Road, Mebane 26 within the Cheeks Township(PIN:9835-67-1605). This item is scheduled for BOCC public 27 hearing on September 5, 2024. 28 Patrick Mallett: Because of the similarities, I'm going to skip over some of the steps here. 29 Adam Beeman: I just have one person from the public that signed up, so when we get to that point. 30 Jessica King: I'll wait and listen to what you have to say. 31 Patrick Mallett: Okay, property owner? 32 Jessica King: Yes. 33 Patrick Mallett: You can correct me if I get your story wrong. This property is located on 711 Faith Way, 34 it's the Cheeks Township, it's an amendment between the Back Creek Protected and 35 Upper Eno Protected watersheds. Baseline zoning is R1 and would remain R1, the area 36 in blue is the existing overlay boundary, the area in red depicts the new boundary change 37 and with the other case it takes it to the property line then ties it back into the current 38 mapped overlay. Land use designation rural residential, this is a good point to 39 communicate what brought the property owner to here. She was essentially maxed out 40 with her impervious as it was prorated for her property for her driveway and her house. 41 Her desire was to build a modest garage and then there was the realization, well the ridge 42 line is not here, it's over here, and that change alone would allow for enough impervious 43 surface to do a small garage. Because of the way the legalities of this work, she too,just 44 like the previous case, we're already gone through that state process, the notification of 45 the board of commissioners, they've accepted it, we have since approved because we 32 DRAFT 46 legally have to accept that for permitting purposes, the true ridge line. Her garage, we 47 have signed off on that permit. The mapping that was done is kind of hard to read but it 48 basically corresponds to the previous map. Staff analysis is the application was complete, 49 the staff review, the application is considered request consistent with the Orange County 50 2030 comprehensive plan. The proper notifications were made via mail, sign postings 51 and listed on our active development web page. With the planning board level,just like 52 the other case, would get referred on with a recommendation to the Board of County 53 Commissioners. The planning director recommends to the board to receive the rezoning 54 application delivered on their proposal as desired, consider the planning director's 55 recommendation, and make a recommendation to the BOCC on either the statement of 56 consistency, Attachment 6 or the statement inconsistency, Attachment 7, and the 57 proposed ordinance, Attachment 8 in time for the September 5th, 2024, BOCC meeting. 58 Adam Beeman: Anybody have any questions? 59 Chris Johnston: Does it matter that that line goes all the way down back to the originating line and so that 60 whole side there, does that matter in the slightest? 61 Patrick Mallett: It's the same circumstance. 62 Chris Johnston: I guess that's fair. It would be assumed that it would. 63 Patrick Mallett: The ridge line and the survey went beyond that slightly, but the reality is legally we can 64 amend it on her property, then we take it from there, but either property owner to the north 65 or south, if they felt like it benefited them and there was a need, it's a pretty compelling 66 reason to keep amending that to correspond with the ridge line. 67 Chris Johnston: I guess what I'm saying is this property owner wouldn't need to come back and then move 68 that red line back to the new line because it's along the property line, does that make 69 sense? 70 Patrick Mallett: Yeah, I understand what you're saying, there's no impact on the property owner. It's a 71 mathematical calculation and her impervious limits based on the watershed are based on 72 the amount of area on her property so, you're not going one way or another. 73 Chris Johnston: Okay. Then if the next property owner over gets a survey and finds it matches up to the 74 new line, they don't, the previous property owner doesn't need to come back and revert 75 back the line or anything along those lines, it would just continue on. 76 Patrick Mallett: It would theoretically just pick up where the other one left off. 77 Chris Johnston: Okay, thank you. 78 Adam Beeman: Any other questions? Do I have a motion? 79 Lamar Proctor: I move to adopt the proposed zoning change and adopt the statement of consistency in 80 Attachment 5 and the proposed ordinance and Attachment 6 as consistent with the 81 comprehensive plan and the UDO and recommend approval to the board of county 82 commissioners. 83 Adam Beeman: Do I have a second? 84 Marilyn Carter: Second. 33 DRAFT 85 MOTION BY Lamar Proctor to approve the Zoning Atlas Amendment. Seconded by Marilyn Carter. 86 MOTION PASSED UNANIMOUSLY 87 ****** 34 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 ■ R1, Rural Residential Change to ■ Back Creek Protected Watershed Nathan and Watershed Protection Protection 9835-67-1605 Cheeks Jessica King Overlay District Overlay ■ Upper Eno Protected District Watershed Protection boundary Overlay District 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 March 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 May 21, 2024 meeting. At that time, the Board approved an amendment to the Back Creek Protected Watershed Protection Overlay District and Upper Eno Protected Watershed Protection Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 35 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: For, Against Adam eeman, Chair Date Attachment 6 36 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) ■ R1, Rural Residential Change to ■ Back Creek Protected Watershed Nathan and Watershed Protection Protection 9835-67-1605 Cheeks Jessica King Overlay District Overlay ■ Upper Eno Protected District Watershed Protection boundary Overlay District 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 March 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 May 21, 2024 meeting. At that time, the Board approved an amendment to the Back Creek Protected Watershed Protection Overlay District and Upper Eno Protected Watershed Protection Overlay District boundary line and authorized the Planning Director to initiate a Zoning Atlas Amendment. 37 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 the overlay districts into alignment with the State-recognized watershed. No amendments are proposed to the base zoning district and 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. 38 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 39 Ordinance#: ORD-2024-024 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated an application seeking to amend the Orange County Zoning Atlas, as established in Section 1.2, of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to modify the Back Creek Protected Watershed Protection Overlay District and Upper Eno Protected Watershed Protection Overlay District boundary line on PIN 9835-67-1605, hereafter `the Property'; and WHERAS, professional survey work completed in March 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 districts 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 Back Creek Protected Watershed Protection Overlay District and Upper Eno Protected 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