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HomeMy WebLinkAboutAgenda - 06-19-2012 - 6bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2012 Action Agenda Item No. SUBJECT: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment — St. Paul Village DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1. Application and Area Map 2. Joint Public Hearing Minutes — March 29, 2012 3. Orange County Planning Board Minutes — May 2, 2012 4. Ordinance Approving Rezoning 5. Ordinance Denying Rezoning PUBLIC HEARING: (YIN) Yes INFORMATION CONTACT: Perdita Holtz, Planning Systems Coordinator, 245 -2578 Craig Benedict, Planning Director, 245 -2592 PURPOSE: To receive the Planning Board recommendation, close the public hearing, and take action on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of a 20.9 acre 5 -lot assemblage at the northeast corner of Rogers Road and Purefoy Drive from Residential -1 to Residential -5- Conditional. BACKGROUND: This item was heard at the March 29, 2012 Joint Planning Area (JPA) Joint Public Hearing. The materials from the joint public hearing are available at this link: http:/ /chapelhillpublic novusagenda com / MeetingView aspx ?MeetinglD= 159 &MinutesMeetinglD = =1. The Minutes from the joint public hearing are included at Attachment 2. No persons spoke in opposition to the application at the joint public hearing. Other than the applicant, one person, Susan Levy, Executive Director of the Orange County Chapter of Habitat for Humanity, spoke in support of the request. The applicant has requested that the site be rezoned from Residential -1 (R -1) to the Residential -5- Conditional (R -5 -C) zoning district. The "conditional' designation means that if the rezoning is approved, no development may occur on the property unless the Chapel Hill Town Council approves a Special Use Permit. A Special Use Permit application accompanied the Zoning Atlas Amendment application and the Town of Chapel Hill Town Council held a public hearing on the accompanying Special Use Permit on May 21, 2012. The Special Use Permit is not considered for action by Orange County. Materials for the May 21 Town public hearing are available at the following link: http:/ /chapelhillpublic novusagenda com /MeetingView aspx ?MeetinglD= 159 &MinutesMeetinglD = -1 z Joint Planning Land Use Plan The Joint Planning Land Use Plan is available at: http: / /www.co. orange .nc.us /planning /Documents.asp. Pages 56 through 60 and 71 through 81 of the plan are the most salient pages regarding this rezoning request. Orange County Planning Board Recommendation The Orange County Planning Board considered this application at its May 2, 2012 regular meeting (Minutes are included at Attachment 3). The Planning Board voted unanimously to recommend approval of the rezoning request. Planning Director's Recommendation The Planning Director recommends approval of this rezoning request based on the following: A. The rezoning is consistent with the adopted JPA land use plan which intends higher density and intensity than the "base zoning" of R -1. Attachment 4 contains the proposed Ordinance approving the rezoning. FINANCIAL IMPACT: Other than advertising costs and staff time which have been paid using budgeted FY2011 -12 funds, there is no direct cost to the County. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; and 3. Adopt the ordinance contained in Attachment 4 approving the rezoning. Attachment 1 THE G.H. WILLIAMS COUABORATIVE, PA ARCMTECTURE PLANNING ECONOMIC DEVELOPMFW CONSTRUCTION MANAGEMENT Ctf ME Y° January 3, 2012 Narrative Statement of Zoning Atlas Amendment to the R -5 -C with a Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina Introduction: The St. Paul Property is a little over 20 acres located in Orange County but under the Planning Jurisdiction of the Town of Chapel Hill. The property has 238 feet of frontage on Rodgers Road and approximately 700 feet of Purefoy Drive. The property is currently zoned R -1 which allows for the uses outlined below. In order to develop this property to serve the Rodgers Road Community, the current zoning must be replaced by a new zoning designation. We are requesting that the property be rezoned to R -5 -C with a Planned Development Mixed Use Zoning. The reason for the request is that the existing zoning, neither will not allow the density of development desired, nor some of the uses planned for the site. The Existing Zoning R -1 will allow the Following Development: 51 Residential Dwelling Units Cemetery with a Special Use Permit Park and Ride Facilities with a Special Use Permit Place of Worship Cultural Facility Recreational Facility, Non - Profit, Wellness Center Childcare Center The desired zoning, R -5 -C will allow the development of the following proposed program: 126 Residential Units Cemetery Park and Ride Facilities with a Special Use Place of Worship Cultural Center /Museum Recreational Facility, Non - Profit, Wellness Center Health Center Zoning Atlas Amendme nt to the R -5 -C with a Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 4 The current zoning does not allow the development of the site as desired. The chart holn.wr r- r�nfrncfc fha CYK +Inn 7nnlnn R -1 versus R -S -C zonina. the desired zoninq. Dimensional Matrix R -1 Zone Proposed R -S -C Zone Max. Density 3.0 /acre 15 /acre Max. Height rim 29' 39' Max. Height. Second 38' 60' Maximum Impervious Ratio .24/.5/.7 .24/.5/.7 Maximum FAR 0.076 0.303 Maximum Square Feet With RCD Calculations 57,129 SF 220,340 SF Background Information IN 2008, St Paul AME Church acquired the 20 acre parcel and began to plan facilities to meet both Church and Community needs. The Rodgers Road area lacks recreational facilities, health and wellness facilities, and facilities where the community might hold meetings and community functions. Resources for seniors are lacking throughout the town of Chapel Hill and non existent in the Rodgers Road area. There are no support facilities for seniors or for area youth in the Rodgers Road area. The St Paul plan will bring many of these resource facilities to the Rodger's Road Community. Our proposed rezoning to R -S -C with a Planned Development Mixed Use Zoning designation encourages a healthy density and frees a substantial portion of the site for open space that allows for relaxation and recreation while accommodating the new Residential Units. We believe this proposal meets those goals and provides the proper dimensions for healthy density in a unique property development. Thanks to the unique proposal, a substantial portion of the natural environment will be preserved. The Plan is in Compliance with Town's Design Guidelines. The plan meets all the requirements of Article 4.5.2 of the Land Use Management Ordinance for Chapel Hill The plan meets the Themes of the Comprehensive Plan. Request For its support of all the major themes of the Comprehensive Plan, we request that the Council support the zoning atlas amendment to R -S -C with a Planned Development Mixed Use Zoning designation, and grant the Zoning Atlas Amendment. With your approval, we will develop, construct and deliver to Chapel Hill a model project to bring new services to a community that at this point lacks many basic services. Zoning Atlas Amendment to the R -S -C with a Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 5 THE G.H. WILLIAMS COLLABORATIVE, PA ARCHITECTURE PLANNING ECONOMIC DEVELOPMENT CONSTRUCTION MANAGEMENT w January 3, 2012 Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina Infrnclucfinn- The St. Paul Property is a little over 20 acres located in Orange County, but under the Planning Jurisdiction of the Town of Chapel Hill. The property has 238 feet of frontage on Rodgers Road, and approximately 700 feet of frontage on Purefoy Drive. The property is currently zoned R -1 which allows for the uses outlined below. In order to develop this property to serve the Rodgers Road Community, the current zoning must be replaced by a new zoning designation. We are requesting that the property be rezoned to R -5 -C with a Planned Development Mixed Use Zoning with uses as outlined below. Existing Zoning will allow the Following Deve lopment: 51 Single Family Dwelling Units Cemetery with a Special Use Permit Park and Ride Facilities with a Special Use Permit Place of Worship Cultural Facility /Museum Recreational Facility, Non - Profit, Wellness Center Childcare Center The new zoning will allow the development of the following proposed program: 87 Multi - Family Residential Units Cemetery Park and Ride Facilities Place of Worship Health Center Cultural Facility /Museum Recreational Facility, Non - Profit, Wellness Center Childcare Center Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 0 The current zoning does not allow the development of the site as desired. The chart below contrasts the existing zoning R -1, versus R -S -C with a Planned Development MixPri Ikt- 7nninn- the dPSirPd 7onina_ Dimensional Matrix R -1 Zone Proposed R -S -C Zone Max. Density 3.0 /acre 15 /acre Max. Height Prim 29' 39' Max. Height Second 38' 60' Maximum Impervious Ratio .24/.5/.7 .24/.5/.7 Maximum FAR 0.076 0.303 Maximum Square Feet with RCD Calculation 57,129 SF 220,340 SF This is a request for a Zoning Atlas Amendment to allow the development of several uses inclusive of a Church, Wellness Center, a Daycare Center, and 87 Multi- Residential Units with an 18% Affordable component, a Health Clinic, and a Cemetery. These services are needed but do not currently exist in the Rodgers Road Community. The site consists of five recombined parcels at the northern side of the intersection of Rodger's Road and Purefoy Drive. A rezoning of the site is requested from R -1 to R -S -C with a Planned Development Mixed Use zoning. This request and subsequent redevelopment of the site meet the goals of both the Rodger's Road Taskforce and those of the Town Council as expressed in the Comprehensive Plan. Background IN 2008, St Paul AME Church acquired the 20 acre parcel and began to plan facilities to meet both Church and Community needs. The Rodgers Road area lacks recreational facilities, health and wellness facilities and facilities where the community might hold meetings and community functions. Facilities for seniors are non - existent in the Rodgers Road area. There are no support facilities for seniors or for area youth in the Rodgers Road area. The St Paul plan will bring many of these resources to the Rodger's Road Community. Based on Article 4.4 of the Land Use Management Ordinance for Chapel Hill, in order to establish and maintain sound, stable and desirable development within the planning jurisdiction of the town it is intended that, this appendix shall not be amended except a) to correct a manifest error in the appendix, or b) because of changed or changing conditions, or c) to achieve the purposes of the comprehensive plan. The following information outlines how the proposed St. Paul Development fulfills c) to achieve the purposes of the comprehensive plan. The St. Paul Plan when implemented will achieve several of the Town of Chapel Hill Comprehensive Plan goals: • Create and Preserve Affordable Housing Opportunities: The St. Paul master plan includes 87 Dwelling Units with an 18% affordable component. • Complete bikeway /greenway /sidewalk system: Statement of Zoning Atlas Amendment to R -S -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 7 The plan includes a pedestrian sidewalk system to maximize pedestrian access to all facilities on the site and to adjacent Habitat for Humanity Housing. The system will allow arrival by public transportation on Rodgers Road or by bicycle on the drives allowing access to all facilities on site without the use of the automobile. Provide Quality Community Facilities and Services: The St Paul Plan includes a Wellness Center inclusive of a Gymnasium, a St. Paul /Rodgers Road Museum, a Teen Center, and a Senior Center. The St. Paul facilities will be utilized by all community residents. Sidewalks are planned to link all on site facilities. Parking spaces will be set aside for commuters and for alternative fuel vehicles to park and to board public transportation to their destination. The St. Paul Village project supports the Rodgers Road Small Area Plan Goals: • Development and Coordination of Water and Sewer Extension: Water is partially available in this portion of the Rodgers Road Community. St. Paul will extend sewer from the Habitat for Humanity site westward along Purefoy Drive to the St. Paul site. The sewer extension to the site will allow other residents in the Rodgers Road Community to access public sewer. • Provide Active and Passive Recreation: St. Paul will provide a Gymnasium, a Senior Center a Teen Center and an extensive network of sidewalks as part of a Wellness Center that can be utilized by the community. • Extension of Chapel Hill Transit along Rodgers Road: A bus shelter will be provided for St. Paul at Purefoy Drive and Rodgers Road. The St. Paul Community is pedestrian friendly with a network of sidewalks that will provide internal links to all St. Paul facilities. Sidewalks will be provided along both Rodgers Road and Purefoy Drive connecting to the St. Paul community. Our proposed rezoning to the R -5 -C with Planned Development Mixed Use Zoning designation encourages a healthy density and frees a substantial portion of the site for open space that allows for relaxation and recreation. We believe this proposal meets those goals and provides the proper dimensions for healthy density in a unique property development. Thanks to this unique proposal, a substantial portion of the natural environment will be preserved. We have taken the Concept Plan through a CDC review session, a Rodgers Road Taskforce meeting, and all Town commissions to seek input into the plan. These sessions resulted in very few suggestion of change from the original concept. Members of the Town Council suggested the preservation of as many hardwood trees as possible. In addition, a suggestion was made to minimize parking and to accommodate alternatives to the automobile for internal circulation. St. Paul is committed to saving as many hardwoods as possible while introducing many needed services for community Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina P enrichment. Pedestrian and cyclist will find the site inviting and friendly. The network of sidewalks and roadways makes it easy for pedestrians and cyclist to navigate the St. Paul site. Finally, in the Rodgers Road Taskforce final report, the taskforce endorses the St. Paul Development Plan. Goals & Objectives This site offers unique opportunities that can be maximized by sensitive, sustainable and significant development. St. Paul Goals are as follows: (1) Creation of "Greenbelt" at the central portion of the site that will serve as a focal point for entire Site and also as a buffer zone, stormwater catch ment retention area with a water feature (Pond), extensive landscaping and yard lighting, with an orientation towards the pedestrian. Most of residential units focus directed inwardly, creating "Frontage" towards Greenbelt. (2) Establish Activity zones: • High: Church complex, Gymnasium, Wellness Center • Medium: Residential areas, Greenbelt, Activity Field • Low: Cemetery (3) Provide the following goals to support the Rodgers Road Task Force Report's Guiding Principles: • Improve transportation access through the provision of pedestrian and bicycle access through out the entire development • Foster a sense of community amongst the residents • Encourage well built dwelling units • Improve the standard of facilities for the community (1) Parking & Traffic: The Project will meet the parking requirements for both vehicles and bicycles, and will also provide access to regional green trails, when available, and a bus stop providing regional access. (2) Public Transportation: Bus stop /shelter with access /loading zone lane, per Town and NCDOT requirements, will be provided at Purefoy Drive adjacent to main vehicular entrance to Site at Rodgers Road. The Main Church complex and all sidewalks will connect to this location. (3) Statement of Compliance with Town's Design Guidelines: Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina F'7 a) Livability: The Church will provide an idyllic setting for worship, living, playing, and contemplation. A "Park -like setting" is paramount to the achievement of a "Village" type of community in order to provide a high degree of harmony, serenity, and "livability" within the Project and surrounding neighborhoods. b) Visual Impact: Although the Site is somewhat removed from the "high - visibility thoroughfares" of Chapel Hill, the Project will be visually "engaging" and will be "friendly" with development in the surrounding area. The use of high - quality architecture and planning in a unified design scheme will place this community as a "Signature Project" for the region. c) Vegetation: A high degree of protection of the natural vegetation, with minimal land- disturbing activity, is proposed. Besides the natural woodland buffers at the perimeter of the site, numerous interior vegetation buffers will be used to separate the Project into different "zones ". The protection of as many large deciduous trees as possible, as well as the "canopy" of trees, is vital to the success of the Project. d) Mobility: As a point of destination, there is minimal vehicular thru- traffic initially proposed for this development. Although vehicular circulation will be kept to a minimum, the "emphasis will be placed on the Pedestrian" with a network of pedestrian sidewalks interconnecting different parts of the Community with surrounding areas. A connection to the Habitat Community will be built per the recommendation of Chapel Hill Transportation. e) Activity Centers: While the non - residential component of this development, the Church complex, is the main focal point of the Project and a "High- activity" zone, The Residential Area is considered to be a "Medium- activity zone ". The Cemetery development and Greenbelt zone are "Low- activity" zones. The Greenbelt zone, with the introduction of the Pond, adjacent sidewalks, adjacent recreation, landscaping, yard lighting, etc., becomes a "Park" within the Community itself. f) Views: The Project site will become an "introverted site ", with primary views directed inwardly towards the Greenbelt and secondary views towards green areas (i.e. buffer zones). Based on Article 4.4 of the Land Use Management Ordinance for Chapel Hill, in order to establish and maintain sound, stable and desirable development within the planning Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 10 jurisdiction of the town it is intended that, this appendix shall not be amended except a) to correct a manifest error in the appendix, or b) because of changed or changing conditions, or c) to achieve the purposes of the comprehensive plan. The following information outlines how the proposed St. Paul Development fulfills c) to achieve the purposes of the comprehensive plan Themes of the Comprehensive Plan 1. Maintain the Urban Services Are a /Rural Buffer Boundary Services and recreational facilities are non - existent in the Rodgers Road area. By redeveloping this Rodgers Road Site with a village theme, the St Paul Plan creates an activity and service center for the residents of the area. Much of the site will be maintained as open space with picnic areas and other amenities for community use. The single family nature of the surrounding property will not be disturbed. The St. Paul Community will complement the newly developed Habitat Housing. 2. Participate in regional planning Forward thinking, community oriented sustainable growth projects like the one proposed for St. Paul can give Chapel Hill a signature project that can serve as a model for the rest of the region and for North Carolina. The owner held meetings with representatives of the town of Carrboro, an adjacent jurisdiction, and the University of North Carolina on their desire and need for affordable housing. The project will be a regional resource. 3. Conserve and protect existing neighborhoods Since the area on which the St. Paul Community will be constructed is all but vacant, there will be no physical impact on existing structures. The activity center that St. Paul will develop will complement and enhance the viability of the neighborhood. Meeting Space, a health clinic, a wellness center, daycare, a Senior Center, a Teen Center, Picnic Areas and Residential Units will strengthen the neighborhood fabric and provide an activity Center for this neighborhood. 4. Conserve and protect the natural setting The goal of the St. Paul plan is to create a park like setting with an emphasis on tree preservation with only the disturbance of the site where absolutely necessary. A green belt will be created as a focal point at the central portion of the site. Extensive yard lighting and landscaping will be oriented toward the pedestrian. Vegetation buffers will be maintained on the North, east and west boundaries. 5. Identify areas where there are creative development opportunities The St. Paul plan has an opportunity to introduce new facilities and services to the Rodgers Road Community. There is an opportunity to provide facilities and Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina 11 services for the Rodgers Road Community that currently require local residents to travel a long distance to access. The opportunities include health center, daycare, a senior center, a teen center, recreation facilities, a wellness center, meeting facilities and housing. There is an opportunity to provide sewer to additional residents in the Rodgers Road Community. 6 Encourage desirable forms of non - residential development One of the primary focuses of the St. Paul development is the provision of services for the Rodgers Road Community. St. Paul has chosen to emphasize community services and the development of supportive facilities that can support nonresidential services. Discussions are being pursued with a regional health center to establish a satellite facility at the St. Paul site. 7 Create and preserve affordable housing opportunities The St. Paul Project will provide 18% of the dwelling units as affordable units for this region There is a need for more affordable residential units in the region. 8 Cooperatively Plan with the University of North Carolina Preliminary discussions have been held with the Vice President of External affairs, The University of North Carolina. Their interest in the affordable component as well as the Wellness component of the project will be pursued. 9 Work toward a balanced transportation system By design, the St. Paul Project will bring residents and visitors to a walk able environment. Whether arriving by automobile or public transportation, all will be able to use bicycles and sidewalks to navigate the site. 10 Complete the bikeway / greenway / sidewalk system The new sidewalk network and bicycle amenities provided by St. Paul are built specifically to provide connectivity for the entire project. The site will be accessed by public transportation. 11. Provide auality community facilities and services From the expansive green spaces and active recreation areas enjoyed by all residents and visitors, the St. Paul project will improve livability of the entire Rodgers Road Community. The wellness center, daycare center, senior and residential units will provide new facilities and services to the Rodgers Road Community. 12. Develop strategies to address fiscal i ssues St. Paul will extend sewer along Purefoy Drive that will allow additional Rodgers Road property to access public sewer. Many services will be provided by the St. Paul Project that currently are not provided by the public sector. Development of the St Paul Proposal, for all the reasons cited above, will assist the Town Council in achieving the purposes of the Comprehensive Plan. Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina WA Request For its support of all the major themes of the Comprehensive Plan, we request that the Council approve the zoning atlas amendment to the Planned Development Mixed Use with the R -5 -C Zoning designation, granting the Zoning Atlas Amendment. The project is located in the Urban Service Boundary. We are requesting that the project be annexed by the town of Chapel Hill. With your approval, we will develop, construct, and deliver to Chapel Hill a model project to bring new services to a community that at this point lacks many basic services. Statement of Zoning Atlas Amendment to R -5 -C with Planned Development Mixed Use Zoning Designation for St. Paul Village St. Paul AME Church Community Chapel Hill, North Carolina Area Map St. Paul's Village Orange County Landfill °oo RT Rural Buffer =0 JPA &sibs dis" -T- Urb�an Neville Tract R-1 O (Orange Co.) JPA Site of proposed St Paul Village RR if 6oeni TOM 0 !Place CD ;Mi— RT it -Carr b JPA Greene Tract lot go AM CO OF 2400 ACT R h Hollo* a Sub R-1 JPA St. Paul's Village R-2*0 Chapel Hill Zoning rI • JPA Joint Planning Area: 500 0 500 Feet Orange Co& Chapel Hill Carrboro Town Limits GIS Map prepared by 40 RR Carrboro Zoning Town of Chapel Hill R-20% Planning Department 2400 ADT Average Daily Traffic (ADT) January;2012 2009 NCDOT Data 14 Attachment 2 APPROVED 5115/2012 ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL JPA PUBLIC HEARING March 29, 2012 7:00 p.m. The Orange County Board of Commissioners met in joint session with the Chapel Hill Town Council on Thursday, March 29, 2012. at the Southern Human Services Center in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing. COUNTY COMMISSIONERS PRESENT: Chair Bernadette . Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Pam Hemminger, Barry Jacobs, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Mark Kleinschmidt, Jim Ward, Laurin Easthom, Penny Rich, Lee Storrow, Gene Pease, Matt Czajkowski CHAPEL HILLTOWN COUNCIL MEMBERS ABSENT: Council Member Donna Bell and Council Member Ed Harrison Chapel Hill Staff Present: Town Manager Roger Stancil A. INTRODUCTIONS AND OPENING REMARKS FROM THE CHAIR AND MAYOR Chair Pelissier and Mayor Kleinschmidt made opening remarks and introductions were made. B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. INFORMATION ITEM 1. History of Joint Planning Area Chair Pelissier said that many of them are new to the JPA process and this hearing is part of the Joint Planning Agreement, which dates back to the time when Chapel Hill and Orange County entered into a mutual agreement to develop a land use plan to cover portions of the County's planning jurisdictions outside of the planning of the Town. The goal of the land use plan was to identify policies and strategies to ensure purposeful growth of the areas on the outskirts of the corporate limits of the Town, while preserving the unique rural character of the surrounding area. Ultimately, there was a mutual agreement amongst the County and the Towns of Chapel Hill and Carrboro establishing a regulatory framework governing the development of property in and around both municipalities. This Joint Planning Agreement was adopted in 1987. She made reference to subsection 'C' of the packet, which contains a brief historical synopsis concerning the agreement. In accordance with this agreement, this is a public hearing to hear a development proposal that has been submitted to the Town of Chapel Hill. The Town of Chapel Hill Planning staff will be providing the staff report on this item. Ultimately, both of the elected bodies are 15 required to adopt resolutions approving the application package in order for the zoning to be altered as requested by the applicant. Commissioner Gordon said that when there is courtesy review of projects, it means that it goes to the staff. She thinks that there should be a good agreement with the staff as to what the Board would like to review and when staff review would be sufficient Commissioner Jacobs asked that this history item be added to the agenda since most of the elected officials were not part of government at the time the agreement went into effect. He said that it is unique in North Carolina. D. PUBLIC HEARING ITEMS 1. Chapel Hill Joint Planning Transition Area Zonina Atlas Amendment - St. Paul Village Request by Pastor Thomas Nixon of St. Paul AME Church for a Zoning Atlas Amendment to rezone a 20.9 acre 5 -lot assemblage at the northeast corner of Rogers Road and Purefoy Drive from Residential -1 (R -1) to Residential -5- Conditional (R -5-C). This reauest is located in the Chapel Hill Joint Planning Transition Area and requires the approval of the Chapel Hill Town Council and Orange County Commissioners. Mayor Kleinschmidt chaired this portion. He said that this is in the Chapel Hill transition area and eventually, this will be part of Chapel Hill. He said that typically they consider rezoning applications and special use permits at the same time, but this is a public hearing on a rezoning application only. The special use permit consideration would come later. Once the County and the Town agree on the zoning, then the Town Council will handle the special use permit. Phil Mason, Principle Planner from Chapel Hill Planning Department, said that this is located in the joint planning area, and includes parts of Orange County, Chapel Hill and Carrboro. It also includes transition areas and the rural buffer. This project is at the intersection of Purefoy Drive and Rogers Road. The area is bisected by the urban service boundary. Homestead Road is to the south and Weaver Dairy Extension is to the east. Some adjacent uses to the site are Phoenix Place, Rush Hollow, and the Faith Tabernacle Church. The request is to rezone this area from Residential 1 Joint Planning Area to Residential 5 Conditional. Also proposed is a place of worship campus, which is an allowed use in Chapel Hill Residential Zoning districts. The rezoning is conditional with associated special use permit application requiring Chapel Hill Town Council approval. The proposed zoning change would allow additional height and intensity. Staff believes the proposed conditional rezoning is consistent with the Joint Planning Agreement and furthermore is warranted because of changed conditions in a particular area due to new development in proximity to the rezoning site. The Chapel Hill and Orange County Planning staffs recommend that the Town Council and Orange County Commissioners approve the rezoning of the St. Paul Village site from Residential 1 to Residential 5 Conditional. Gloria Sheeley was from the company that is the Program Manager for the St. Paul AME Church. She pointed out other team members that were present. The plan is named St. Paul Village. It is a community that incorporates full residential, worship and ministry, and recreation in a very natural setting. She pointed out the map. The existing church is on Merritt Mill Road 16 and the original structure will be relocated to the new site. There will also be two 35 -unit senior independent housing, In the middle of the complex, there will also be 16 units of affordable housing. There will also be a six -acre site of resource conservation with outdoor picnic sites, etc. At the major complex, there will be a sanctuary, a fellowship hall with commercial kitchen, a daycare, a health clinic, a "gymnatorium ", and a museum. She said that this is a multi - generational complex. There are five land parcels that have been combined for the proposal. PUBLIC COMMENT: Susan Levy, Executive Director of Habitat for Humanity of Orange County, said that she is speaking in favor of the rezoning request. She said that the services available in this complex will be available to the homeowners of the Rogers Road area. Commissioner Hemminger asked about the phasing and Gloria Sheely said that it is a three -phase process. The first phase will be completed at the end of four years from approval and the entire project should be completed no later than 12 years from the start. The first phase will have the revenue - generating aspects: independent senior housing, gym, fellowship hall, daycare, museum, and cemetery. The second phase will be the sanctuary. The third phase will be the affordable housing and health clinic. Jim Ward asked if there would be a park and ride lot and it was answered that there would not. Jim Ward asked if this project would be brought into the Chapel Hill Town Limits and Gloria Sheely said that they have made a formal request to be annexed to the Town of Chapel Hill. Commissioner Jacobs asked if part of the site was limited by an illegal dump site. Gloria Sheely said that they had done a Phase 1 Environmental Report when the site was purchased in 2007. There has also been an updated report and there are no apparent hazardous site areas. Council Member Rich said that this is a wonderful project. She asked if there would be a way to transport senior citizens around this very large complex. Gloria Sheely said yes and there would be a shuttle service because of the church. Mayor Kleinschmidt asked about the outreach on this complex to the community. Gloria Sheely said that on a regular basis they have made presentations within their worship services and they have worked with the Visitor's Bureau and Congressman David Price. Jim Ward asked about the parking capacity and it was answered that there would be 100 lighted spaces and 343 parking spaces. Jim Ward asked how that would correspond with a meeting space for 650 and Gloria Sheely said that there are different uses at different times and they went through all of that with the Town of Chapel Hill to determine the best parking arrangements. Commissioner Foushee commended the applicant for the services that will be made available to this community. A motion was made by Councilmember Rich, seconded bx Councilmember Pease to recess this public hearing to a Town Council meeting on June 25 . VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to recess the public hearing and refer this to the Orange County Planning Board for a recommendation on May 2nd with a decision by the Board of County Commissioners by June 19th. VOTE: UNANIMOUS E. ADJOURNMENT With no further items to be discussed, the meeting was adjourned at 7:38 p.m. Bernadette Pelissier, Chair Donna S. Baker, CIVIC Clerk to the Board 17 Excerpt of Planning Board Minutes Attachment 3 I MINUTES )_ ORANGE COUNTY PLANNING BOARD 3 MAY 2, 2012 I REGULAR MEETING MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Lary Wright (Vice- Chair), At- Large, Cedar Grove Township; Peter Hallenbeck, Cheeks Township Representative; Buddy Hartley, Little River Township Representative; Alan Campbell, Cedar Grove Township Representative; Lisa Stuckey, Chapel Hill Township Representative; Mark Marcoplos, At- Large, Bingham Township; Andrea Rohrbacher, At -Large Chapel Hill Township; Maxecine Mitchell, At -Large Bingham Township; Tony Blake, Bingham Township Representative; Johnny Randall, At- Large Chapel Hill Township; MEMBERS ABSENT: Rachel Hawkins, Hillsborough Township Representative; STAFF PRESENT: Craig Benedict, Planning Director, Perdita Holtz, Special Projects Coordinator; Kevin Lindley, Staff Engineer, Michael Harvey, Current Planning Supervisor; Tina Love Administrative Assistant II OTHERS PRESENT: Peter Marbais, Gloria Shealey, George Williams, Thomas Nixon, Burnie Hackney Handouts- Draft Agenda for June Planning Board Organizational Retreat AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL Agenda Item 7: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment — To make a recommendation to the BOCC on an application made by Pastor Thomas Nixon of St. Paul AME Church for a Zoning Atlas Amendment to rezone a 20.9 acre 5 -lot assemblage at the northeast comer of Rogers Road and Purefoy Drive from Residential -1 to Residential -S- Conditional. This item was heard at the March 29, 2012 joint public hearing (Orange County BOCC and Town of Chapel Hill Council). Presenter: Perdita Holtz, Planner III Perdita Holtz: The JPA process is different in that the public hearing before the elected officials already occurred on March 29. This action is also only on the rezoning. Part of this larger project involves a Special Use Permit which is not acted on by the County, just by the Town of Chapel Hill so we are only considering whether these 20.9 acres should be rezoned. I asked the project applicant to attend this meeting to do a brief PowerPoint presentation. Gloria Shealey and George Williams are here tonight to talk more about the project. Gloria Shealey: I am the president of the Daniel Company. The church brought our company in to be the program manager for this site. We would like to give you a brief overview of what the development intent is for the site and why there is a need for rezoning. I also have George Williams who is the design architect and Pastor Nixon, who is the Pastor of St. Paul AME church located in Chapel Hill. Ms. Shealey presented a PowerPoint presentation of the site plan. 18 19 51 Craig Benedict: Our role in the joint planning area, since there is a joint planning map between Orange County and 52 Chapel Hill, is a finding of consistency. The joint planning area land use map intended for higher intensities in the area, 53 which was originally Orange County rural lands but the joint planning area allowed this transition to allow for mixed use 54 development/higher intensity residential so in the application and the findings of both Chapel Hill staff and jointly with 55 Orange County staff, we have made our findings on page 34 and 35. 56 57 Mark Marcoplos arrived 58 59 Brian Crawford: Which staff is speaking to the board on the resolutions and what you recommend? 60 61 Perdita Holtz: The Planning Board needs to make a recommendation to the BOCC on whether this should be approved or 62 not. 63 64 Johnny Randall: Do we still comment on design development phases of the project? 65 66 Perdita Holtz: Not at this point since this is only for the rezoning. 67 68 Andrea Rohrbacher. That is done by the Chapel Hill Planning Board and I serve on that board. We did both the rezoning 69 and the special use permit. 70 71 Tony Blake: For this density, there would be additional requirements for sewer /water, etc.? 72 73 Perdita Holtz: I am sure the Chapel Hill staff is taking care of that. 74 75 Mark Marcoplos: So can we say we like what we see here and it makes sense? 76 77 MOTION made by Mark Marcoplos to recommend that the BOCC adopt the Ordinance to amend the Zoning Atlas. 78 Seconded by Lisa Stuckey. 79 VOTE: Unanimous 80 81,t,««,t,,t,* 82 83 2 Ordinance #: ';�Q I';t - C7a� Attachment 4 20 AN ORDINANCE AMENDING THE CHAPEL HILL JOINT PLANNING TRANSITION AREA ZONING ATLAS WHEREAS, the Orange County Board of Commissioners has considered the application from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone property described below from Residential -1 (R -1) to Residential -5- Conditional (R -5 -C), and WHEREAS, the rezoning action has been deemed consistent with the Joint Planning Land Use Plan, and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. NOW, THEREFORE, BE IT ORDAINED by the Orange County Board of Commissioners that the Chapel Hill Joint Planning Transition Area Zoning Atlas be amended as follows: That the site, identified as now or formerly Orange County Parcel Identifier Numbers 9870- 45 -9243, 9870 -54 -0416, 9870 -54 -3735, 9870 -54 -4583, and 9870 -54 -5947 that are currently zoned Residential -1 (R -1) and located at 1604 Purefoy Drive, in the northeast quadrant of the intersection of Rogers Road and Purefoy Drive, including half of the Rogers Road and Purefoy Drive rights of way that are abutting the property frontage, shall be rezoned from Residential -1 (R -1) to Residential -5- Conditional (R -5 -C). The description of the entire property is as indicated on the attached map and below: Being all that certain tract of land containing 894,722 square feet or 20.54 acres, more or less, located in Chapel Hill Township, Orange County, North Carolina, including one half of the abutting road right -of -ways and the tract being more particularly described as follows: Beginning at a point being the intersection of the centerlines of Purefoy Road (SR 1896) and Rogers Road (SR 1729), thence N15 °19'36" E, 31.37 feet to a point being the intersection of the northern Right -of -Way of Purefoy Road (SR1896) and the eastern Right -of -Way of Rogers Road (SR 1729) , the point and place of beginning; Thence with the eastern Right -of- Way of Rogers Road (SR 1729) N45 033'27" W, 259.61 feet to a point; Thence N01'31'02" W, 863.00 feet to a point; Thence NO2 032'23" W, 506.61 feet to a point; Thence N88 °12'37" E, 293.39 feet to a point; Thence S00 047'23" E, 503.00 feet to a point; Thence N88 009'48" E, 124.45 feet to a point; Thence N87 056'08" E, 401.63 feet to a point; Thence S01'36'37" E, 863.01 feet to a point in the northern Right -of -Way of Purefoy Road (SR 1896); Thence along and with the northern Right -of -Way of Purefoy Road (SR1896) the following calls; Along and with a curve to the left having radius of 633.68 feet and a central angle of 13 °31'51" with an arc length of 149.65 feet to a point; Thence S74 °35'56" W, 349.48 feet to a point; Thence along and with a curve to the left having radius of 203.18 feet and a central angle of 27 °56'23" with an arc length of 99.08 feet to a point; Thence S47 °13'37" W, 67.46 feet to the place and point of beginning. Containing 20.54 acres, more or less. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance shall be effective only upon adoption of the same rezoning action by the Chapel Hill Town Council. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2012 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 2012. SEAL Clerk to the Board of Commissioners 21 LOW N OF 5400 ADT Area Map St. Paul's Village Orange County Landfill 10 V 0, RT �- JPA 22 Neville Tract R-1 (orange Co.) JPA Site ite of proposed S t P S, t Paul's Village RT JPA Greene Tract its iu) zsuDa. R-1 A JPA 'To 0' Rural Buffer 0 Chapel Hill Zoning • A.2 JPA Co N Urban Servil es 500 0 500 Feet a Carrboro Town Limits GIS Map prepared by In AR Carrboro Zoning Town of Chapel Hill au% • Planning Department 24ao ADT Average Daily Traffic (ADT) January, 2012 RR AR! 2400 ADT IR Orange County Landfill 10 V 0, RT �- JPA 22 Neville Tract R-1 (orange Co.) JPA Site ite of proposed S t P S, t Paul's Village RT JPA Greene Tract its iu) zsuDa. R-1 A JPA 'To Chapel Hill Zoning • A.2 JPA Joint Planning Area: N Orange Co & Chapel Hill 500 0 500 Feet Carrboro Town Limits GIS Map prepared by In AR Carrboro Zoning Town of Chapel Hill au% Planning Department 24ao ADT Average Daily Traffic (ADT) January, 2012 AR! 2400 ADT 0, 44 Orange County Landfill 10 V 0, RT �- JPA 22 Neville Tract R-1 (orange Co.) JPA Site ite of proposed S t P S, t Paul's Village RT JPA Greene Tract its iu) zsuDa. R-1 A JPA St. Paul's Village Chapel Hill Zoning • A.2 JPA Joint Planning Area: N Orange Co & Chapel Hill 500 0 500 Feet Carrboro Town Limits GIS Map prepared by In AR Carrboro Zoning Town of Chapel Hill au% Planning Department 24ao ADT Average Daily Traffic (ADT) January, 2012 2009 NCDOT Data Ordinance #.•_ 'Q01'Q oe�ip Attachment 5 23 AN ORDINANCE DENYING AN APPLICATION TO AMEND THE CHAPEL HILL JOINT PLANNING TRANSITION AREA ZONING ATLAS WHEREAS, the Orange County Board of Commissioners has considered the application from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone property described below from Residential -1 (R -1) to Residential -5- Conditional (R -5 -C), and fails to find that the amendment: a) corrects a manifest error in the Unified Development Ordinance, or b) is justified because of changed or changing conditions in the area of the rezoning site or the county in general, or c) achieves the purposes of the Comprehensive Plan and /or Joint Planning Land Use Plan For the reasons that: [INSERT REASONS FOR DENIAL] NOW, THEREFORE, BE IT ORDAINED that the Orange County Board of Commissioners hereby denies the application from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone the property identified as now or formerly Orange County Parcel Identifier Numbers 9870 -45 -9243, 9870 -54 -0416, 9870 -54 -3735, 9870 -54 -4583, and 9870 -54- 5947, located at 1604 Purefoy Drive, in the northeast quadrant of the intersection of Rogers Road and Purefoy Drive, including half of the Rogers Road and Purefoy Drive rights of way that are abutting the property frontage, from Residential -1 (R -1) to Residential -5- Conditional (R -5 -C). The description of the entire property is as indicated below: Being all.that certain tract of land containing 894,722 square feet or 20.54 acres, more or less, located in Chapel Hill Township, Orange County, North Carolina, including one half of the abutting road right -of -ways and the tract being more particularly described as follows: Beginning at a point being the intersection of the centerlines of Purefoy Road (SR 1896) and Rogers Road (SR 1729), thence N15 °19'36" E, 31.37 feet to a point being the intersection of the northern Right -of -Way of Purefoy Road (SR1896) and the eastern Right -of -Way of Rogers Road (SR 1729) , the point and place of beginning; Thence with the eastern Right -of- Way of Rogers Road (SR 1729) N45 033'27" W, 259.61 feet to a point; Thence NO °31'02" W, 863.00 feet to a point; Thence NO2 032'23" W, 506.61 feet to a point; Thence N88 012'37" E, 293.39 feet to a point; Thence S00 047'23" E, 503.00 feet to a point; Thence N88 009'48" E, 124.45 feet to a point; Thence N87 056'08" E, 401.63 feet to a point; Thence S01036'37" E, 863.01 feet to a point in the northern Right -of -Way of Purefoy Road (SR 1896); Thence along and with the northern Right -of -Way of Purefoy Road (SR1896) the following calls; Along and with a curve to the left having radius of 633.68 feet and a central angle of 13 °31'51" with an arc length of 149.65 feet to a point; Thence S74 035'56" W, 349.48 feet to a point; Thence along and with a curve to the left having radius of 203.18 feet and a central angle of 27 056'23" with an arc length of 99.08 feet to a point; Thence S47 °13'37" W, 67.46 feet to the place and point of beginning. Containing 20.54 acres, more or less. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance shall be effective upon adoption. Upon motion of Commissioner Commissioner day of 2012. seconded by the foregoing ordinance was adopted this I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. 2012. WITNESS my hand and the seal of said County, this day of SEAL Clerk to the Board of Commissioners 24