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HomeMy WebLinkAboutORD-2012-007 An Ordinance Amending the Orange County Zoning Atlas – Carolina Friends Schools Ordinance #: 2012 - 007 2- a /- /9- 17,a-- AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Carolina Friends School has initiated an amendment to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), to rezone several parcels of property located at/adjacent to 4809 Friends School Road, specifically parcels with the following Parcel Identification Numbers (PIN): 1. 9892-21-1486 2. 9892-22-7252 3. 9892-21-6594 4. 9892-31-0894 5. 989231-5318 6. 9891-29-1739 7. 9892-33-5224 8. 9892-32-3662 9. 9891-29-7800 totaling approximately 109.71 acres in area, located northwest of the intersections of Mt. Sinai Road (SR 1718) and Friends School Road (SR 1719) as denoted on the site plan completed by Civil Consultants on file within the County Planning Department. FROM: Rural Buffer (RB) and Planned Development Housing Rural Buffer (PD-H-RB) TO: Rural Buffer Conditional Use (RB-CU) and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, pursuant to Sections 1.1.5, 1.1.7, and 2.9.1 (E) of the LIDO and to Section 153A- 341 of the North Carolina General Statutes, the Board finds that the applicant has submitted sufficient documentation within the record denoting that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited to, the following: a. The Land Use Element Map. b. Chapter 5 — Land Use Element, including: 1. Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. i 2. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. 3. 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. and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the aforementioned parcels Rural Buffer Conditional Use (RB-CU) consistent with the applicant's request. 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 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 V 5z Clerk toW Board of Commissioners fiQ �- s 7. Public Hearings a. Conditional Use Rezoning and Class A Special Use Permit — Carolina Friends School The Board received the Planning Board recommendation, considered closing the public hearing, and making a decision on the Conditional Use (CU) and Class A Special Use Permit (SUP) application(s) proposing the expansion of the Carolina Friends School. The motions for this item were on the pink sheet. Michael Harvey: Good evening. This is the reconvening of a public hearing, which began on November 21, 2011, reviewing a Conditional Use Rezoning and Special Use Permit application for Carolina Friends School, proposing adopting a master plan, proposing to develop a recreational and new buildings on that property. It is important for the Board to remember that as we continue to review this plan, and the items that have already been entered into the record at the November 21 st hearing, the items that we are going to be entering into the record this evening. As a brief review, during the November 215 public hearing, the application, as submitted by the applicant, included the formal application form, formal site plans, the required maps and list of adjacent property owners was entered into the record. The applicant also entered color renderings of the proposed structures, a traffic impact analysis and transportation solutions, a biological inventory completed by the Katina Group, an environmental assessment application, which staff has testified to that Planning staff, DEAPR, and the state determined that there would be no adverse environmental impact as a result of the approval of the site plan and the initiation of land-disturbing activities. In fact, it was argued that the Friends School would actually be addressing existing environmental issues to protect the stream buffer. A solid waste management plan was also submitted. There was a real estate assessment completed by Ms. Geraldine Mason, who indicated that it was her professional opinion that the school and the proposed expansion project would not have a negative impact on adjacent property values. And of course we had a formal site plan submitted that included a detailed resource management plan. This evening what you have in your packet is a revised site plan. One of the key points I want to remind this Board, a major question came up at the Quarterly Public Hearing as well as the Planning Board was the location of the proposed ball field. You will note that the proposed ball field has been moved approximately 90 feet from the western property line to address the local citizens' concerns. You will also note that additional notes have been added to the site plan indicating that no athletic field lights shall be erected as requested by the Board. We have a revised solid waste management plan, which is Attachment 2 of your packet. We of course have the draft minutes from the November 21 st Quarterly Public Hearing, which is Attachment 4, pages 15-25; the draft minutes from the January 4th Planning Board, which is pages 26-28; the applicant's written responses to various questions as well as the approval of the recommended conditions, which is Attachment 6, pages 29-36. I'll also call your attention that in that attachment, there is a schematic of the proposed ball field relocation that was presented to the Planning Board at their January 4th meeting. Attachment 7 contains additional correspondence, specifically a memorandum from the Orange County Health Department and an email from the North Carolina Department of Transportation approving the proposed driveway onto Mt. Sinai Road with some recommended conditions. That appears on page 37-38. Attachment 8 is an ordinance approving the rezoning division. Attachment 9 is an ordinance denying the rezoning division. State law requires that we provide you both so that if you deny it, you can have the ordinance either approving or denying. Then last and certainly not least, Attachment 10 is the Special Use Permit Findings of Fact. The Planning Board at their January 4th meeting, as via detailed from the script for you made affirmative recommendations that the applicant had met all of their obligations for the application of submittal, had submitted all of the necessary documents to prove that they had complied with revisions of the Unified Development Ordinance, and they made specific findings of fact with respect to compliance with the general standards of the ordinance as well as the required general findings as contained within Section 5.3.2.(A)(2)a., specifically that the use will maintain or promote the public health, safety, and general welfare. The Planning Board in their alliterations determined the applicant had met their burden and based this decision on the applicant's testimony at both the November 21St Quarterly Public Hearing and the January 4th Planning Board meeting, that the application provided the necessary documentation linkage denoting that it would adhere to this condition. The fact that the project had been approved by the Fire Marshal's Office, Solid Waste, North Carolina Department of Transportation, and Planning Staff, and most importantly, that there had been no public comments denoting opposition to the �roposal entered into the record or brought forth in a Quarterly Public Hearing for the January 4t Planning Board meeting that refuted any of the applicant's claims. They further made a motion that the project would enhance or maintain adjacent property values, again, relying on the applicant's testimony at both meetings, the aforementioned real estate appraisal assessments that were submitted into the record, and of course, most importantly, that no evidence had been submitted to refute these claims. Last but not least, they made a finding that the location and character of the school and the proposed expansion plan as submitted would be in harmony with the area in which it was located; based again on the applicant's testimony, based on the narrative submitted, and based on the fact that no substantial evidence had been submitted to refute the applicant's claim. The Planning Board has recommended approval with the imposition of 12 conditions, which are located on page 71 of your abstract. These conditions require the applicant to apply for all necessary permits. It also requires that the County Board of Commissioners approve a resolution or ordinance submitting the zoning atlas as requested by the applicant. You will also note that the North Carolina Department of Transportation, one recommended condition is that the applicant goes through the appropriate driveway application process and that they adhere to all requirements from the North Carolina Department of Transportation in terms of getting that approval. The applicant's engineer, Mr. Tony Whitaker, is here this evening. The Planning staff has recommended this item be approved and the Planning Board has recommended that it be approved. So the Manager's recommendation this evening is that you convene the public hearing, accept any additional comments, enter all of the evidence into the record that is contained in the attachment, you close the public hearing, approve the ordinance contained in Attachment 8 approving the rezoning of the property, and that you go through the process of acting on the findings of fact that are detailed for you in the script. Chair Pelissier: I want to note at this time that there is no one from the public who has signed up to speak to this item, but I will ask if there is anyone who wishes to do so. There are none. Commissioner Jacobs: I just wanted to understand since I was the one who brought it up— on page 37 where we have the Memorandum from Tom Konsler with the Health Department essentially stating that the wastewater treatment system will be inspected annually and that's consistent with the County's Wastewater Treatment Management Program. My question is was bringing this up as a condition superfluous, would it have happened anyway? I just want to know for future reference to see what the parameters of the Wastewater Treatment Management Program are. Michael Harvey: My initial reaction is that would have happened automatically because that is the standard policy of the Environmental Health Department. As indicated earlier at the Quarterly Public Hearing, it is never a bad idea to impose or to reference conditions, especially with a special use permit. Commissioner McKee: I'd just like to express appreciation for the consideration that the school gave to the ball field. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve attachment 8, An Ordinance Amending the Orange County Zoning Atlas, as shown below. VOTE: UNANIMOUS AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Carolina Friends School has initiated an amendment to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), to rezone several parcels of property located at/adjacent to 4809 Friends School Road, specifically parcels with the following Parcel Identification Numbers (PIN): 1. 9892-21-1486 2. 9892-22-7252 3. 9892-21-6594 4. 9892-31-0894 5. 9892-31-5318 6. 9891-29-1739 7. 9892-33-5224 8. 9892-32-3662 9. 9891-29-7800 Totaling approximately 109.71 acres in area, located northwest of the intersections of Mt. Sinai Road (SR 1718) and Friends School Road (SR 1719) as denoted on the site plan completed by Civil Consultants, on file within the County Planning Department. FROM: Rural Buffer(RB) and Planned Development Housing Rural Buffer(PD-H-RB) TO: Rural Buffer Conditional Use (RB-CU) And WHEREAS, the requirements of Sections 1.1.5, 1.1.7, and 2.9.1 (E) of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds that the applicant has submitted sufficient documentation within the record denoting that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited to, the following: a. The Land use Element Map. b. Chapter 5 — Land Use Element, including: 1. Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. 2. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. 3. 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. And WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the aforementioned parcels Rural Buffer Conditional Use (RB-CU) consistent with the applicant's request. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. SUP PINK—add here 1. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to affirm the findings of the Planning Board related to the project's compliance with Section 2.9.1 Conditional Use Districts of the LIDO as denoted on page(s) 44 through 48 of Attachment 10 of the abstract. VOTE: UNANIMOUS 2. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to affirm the findings of the Planning Board related to the project's compliance with Section 3.8.4 Conditional Districts — Where Permitted of the UDO as denoted on page 49 of Attachment 10 of the abstract. VOTE: UNANIMOUS 3. A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee to affirm the findings of the Planning Board related to the project's compliance with the specific standards for the submission of a Special Use Permit application as outlined within Section(s) 2.2 and 2.7 of the UDO as denoted on page(s) 50 through 52 of Attachment 10 of the abstract. VOTE. UNANIMOUS 4. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to affirm the findings of the Planning Board related to the project's compliance with the specific standards governing the development of Schools: Elementary, Middle, and Secondary as detailed within Section 5.8.4 of the UDO, as denoted on page(s) 53 through 67 of Attachment 10 of the abstract. VOTE: UNANIMOUS 5. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to affirm the findings of the Planning Board related to the project's compliance with the specific standards relating to the method and adequacy of the provision of: a. Sewage disposal facilities, b. The adequacy of police, fire, and rescue squad protection, and c. The adequacy of vehicular access to the site and traffic conditions around the site as detailed within Section 5.3.2 (B) of the UDO, as denoted on page 68 of Attachment 10 of the abstract. VOTE: UNANIMOUS 6. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to affirm the findings of the Planning Board related to the project's compliance with Section 5.3.2 (A) (2) (a) of the UDO, specifically that: The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. (IF THE MOTION IS TO AFFIRM) This motion to affirm is based on the following already entered into the record: • The applicant's testimony at the November 21, 2011 public hearing and the January 4, 2012 Planning Board meeting, • The application narrative providing documentation on the provision of water and wastewater treatment services to the project, • The approval of the project by the Orange County Fire Marshal, Solid Waste, NC DOT, and Planning staff. • Further a lack of evidence submitted into the record indicating that the applicant had not met their burden of proof. VOTE: UNANIMOUS 7. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to affirm the findings of the Planning Board related to the project's compliance with Section 5.3.2 (A) (2) (b) of the UDO, specifically that: The use will maintain or enhance the value of contiguous property (IF THE MOTION IS TO AFFIRM) This motion to affirm is based on the following already entered into the record: • Based on evidence presented at the November 21, 2011 public hearing and the January 4, 2012 Planning Board meeting, • A letter composed by Ms. JoEllen Mason, a local realtor, providing an analysis of the project's economic impact and that the proposed addition(s) will not have a negative impact on adjacent property value. • Further the Board made this determination based on a lack of evidence submitted into the record indicating that the applicant had not met their burden of proof. VOTE: UNANIMOUS 8. A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to affirm the findings of the Planning Board related to the project's compliance with Section 5.3.2 (A) (2) (c) of the LIDO, specifically that: The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. (IF THE MOTION IS TO AFFIRM) This motion to affirm is based on the following already entered into the record: • Based on evidence presented at the November 21, 2011 public hearing and the January 4, 2012 Planning Board meeting, • Further the Board made this determination based on a lack of evidence submitted into the record indicating that the applicant had not met their burden of proof. VOTE: UNANIMOUS 9. A motion was made by Commissioner Yuhasz, seconded by Commissioner Foushee issue the Special Use Permit and impose the 12 recommended conditions as detailed on page 71 of Attachment 10 of the abstract. VOTE: UNANIMOUS Commissioner Jacobs thanked those associated with the Friends School and the responsive nature to the schools and to our staff. He also said that he was pleased to see the Quaker Dome on the campus. Commissioner Gordon commended the Friends School for the responsiveness to the comments made concerning their application. 8. Regular Agenda a. Adoption of the Final Bond Resolution Authorizina the Issuance of Limited Obligation Bonds to Finance Chapel Hill —Carrboro Citv Schools Elementary#11. Other County Capital Projects and Refinancing of Existing Obligations The Board considered adopting the final bond resolution authorizing the issue of Limited Obligation Bonds in the maximum amount of$75 million for the financing of Elementary School #11 for Chapel Hill — Carrboro City Schools, for other County capital projects and to refinance existing obligations.