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HomeMy WebLinkAboutAgenda - 04-07-2015 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 7, 2015 Action Agenda Item No. 7 -a 1 SUBJECT: Joint Planning Land Use Plan and Agreement Amendments — Agricultural Support Enterprises Within the Rural Buffer Land Use Classification DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENTS: 1. Resolution Approving Amendments 2. Resolutions Adopted by the Towns of Carrboro and Chapel Hill 3. Highlighted Joint Planning Documents Showing Changes from Version Previously Approved by the BOCC 4. List of Town Elected Board Meetings INFORMATION CONTACT: Perdita Holtz, Planner III, (919) 245 -2578 Craig Benedict, Director, (919) 245 -2592 PURPOSE: To reconsider County- initiated amendments to the Joint Planning Land Use Plan and Agreement to allow for the possibility of locating appropriate Agricultural Support Enterprises within the Rural Buffer land use classification. BACKGROUND: The Board of County Commissioners (BOCC) approved a version of these County- initiated amendments at its meeting on June 3, 2014. Materials, including extensive background information, are available at (Item 7 -d): http : / /oranpecountync.pov /occierks /140603. pdf. Amendments to the Joint Planning Land Use Plan and Agreement must be approved by Orange County and the Towns of Chapel Hill and Carrboro. County Planning staff has worked extensively with Town staffs, advisory boards, and elected boards since the March 27, 2014 joint public hearing. The item was discussed at both the October 16, 2014 joint Orange County /Town of Carrboro meeting and the November 19, 2014 Assembly of Governments meeting. The Town of Carrboro adopted a second resolution approving the amendments on January 27, 2015 (replacing the version adopted by the Town on October 14, 2014) and the Town of Chapel Hill adopted the same resolution on March 9, 2015 (see Attachment 2). The resolutions adopted by the Towns differ from the version of the amendments previously adopted by the BOCC. Because the three local governments must agree to the same language, the amendments must be reconsidered by the BOCC and approved. The document in Attachment 3 contains the proposed Joint Planning Land Use Plan and Agreement text amendments with changes from the previously adopted version highlighted in yellow. The resolutions adopted by the Towns also include recommendations regarding the proposed amendments to the County's Unified Development Ordinance (UDO). These recommendations will be incorporated into the version of the UDO amendments the BOCC is scheduled to consider on May 5, 2015. It should be noted that one of the recommendations (removal of four uses from consideration in the Rural Buffer) must be included in the version of the UDO adopted by the County as the Towns' approval of the JPA amendments were predicated on the removal of these uses. The County's intention to include the Towns' recommendations in the UDO amendments is stated in one of the "Whereas" paragraphs in the Resolution in Attachment 1. Attachment 4 contains a list of meeting dates this subject was addressed on the Towns' meetings agendas. The information is included for those who may wish to look up agenda materials, minutes, and /or video footage on the respective Town websites. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2013 -14 Departmental funds budgeted for this purpose. This initiative has required extensive staff time and existing Planning staff included in the Departmental staffing budget has accomplished the work required to process this amendment. RECOMMENDATION: The Manager recommends the Board: 1. Deliberate as necessary on the proposed amendments to the Joint Planning Land Use Plan and Agreement; and 2. Decide accordingly and /or adopt the Resolution contained in Attachment 1 which approves the amendments to the Joint Planning Land Use Plan and Agreement. Resolution #: RES -2015 -023 Attachment 1 3 A RESOLUTION AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT TO ALLOW FOR THE POSSIBILITY OF LOCATING APPROPRIATE AGRICULTURAL SUPPORT ENTERPRISES IN THE RURAL BUFFER LAND USE CLASSIFICATION WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement originally dated September 22, 1987 and amended from time to time, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions, and WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Within the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, amendments to the Joint Planning Land Use Plan and Agreement are necessary prior to Orange County adopting the aforementioned Comprehensive Plan and Unified Development Ordinance amendments, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on March 27, 2014, in accordance with the requirements of the Joint Planning Agreement, and WHEREAS, the topic was further discussed by the three governments at the November 19, 2014 Assembly of Governments meeting, and WHEREAS, the Towns of Chapel Hill and Carrboro have made recommendations regarding the proposed amendments to the County's Unified Development Ordinance (UDO) which would implement the Agricultural Support Enterprises program within the Rural Buffer land use classification, and WHEREAS, Orange County will incorporate the recommendations made by the Towns into the proposed UDO text amendments which are scheduled to be considered at a later date. NOW THEREFORE, the Board of Commissioners of Orange County hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages. BE IT FURTHER RESOLVED THAT the amendments to the Joint Planning Land Use Plan and Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. M Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this day of , 2015. 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 , 2015 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 2015. SEAL Clerk to the Board of Commissioners f 5 Excerpted Pages of Joint Planning Land Use Plan *Suburban Residential Areas are designated for housing densities ranging from one (1) to five dwell units per acre. Such areas are located where land is changing from rural to urban, suitable f urban densities, nd to be provided with public utilities and services. Housing types range from sing le -f ily to duplexes to ulti- family dwellings. *However, nsities may be lower than one dwelling unit per acre in Suburban sidential Areas. Chapel Hill as part of i Southern Small Area Plan has identified certain areas in th outhern Triangle as being suitable for densitie of exceeding one (1) unit per acre for areas immedi ly east of U.S. 15 -501 and densities not exceeding one unit per five (5) acres for areas immediately t of Old Lystra Road. *Amended 2/1/93 Urban Residential Areas are sim r to Suburban Res' ntial Area in terms of both housing types and public services availability. However, den ties are high ranging from six (6) to thirteen (13) dwelling units per acre. Office - Institutional Areas is a category c sis of establishments which offer an array of financial, insurance, real estate, legal, medical d busines services. Such areas generally have public utilities and services available and are locat adjacent to hea i traveled streets. Future UNC Development i category established for Ian wned by the University of North Carolina, including Horace W'llia Airport and adjacent parcels. Such ds are contemplated for expansion of the UNC campus, p:;as ided e Airport is relocated. Retail Trade are limited in Transition Areas, including existing estab ' hments at Starpoint and Calvander. Zdustrial m for expansion was projected in Transition Areas. Li h Areas are singular, consisting of the Chapel Hill Industrial Park on anks Road and the pr osed site between Eubanks Road and Homestead Road are included in this catego Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on E nks and the proposed site between Eubanks Road and Homestead Road are included in this category. *Rural Buffer and Conservation *Amended 4/2/90 2/3/92 (effective 2/24/92) 6/9/14 6/17/14 The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning Area Land Use Plan to form a single land use classification — Rural Buffer. The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses ;a agricultural uses exempt from zoning regulations and low- intensity agricultural support use: and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rura nd Aciricultural Areas are low- density areas consisting of s' or' situated on large lots with a minimu acres, exce t c uster subd'v's'on and then adhering to a density limit of 1 unit for ever per divisions, reducing parcels to 1 acre in area, are allowed- s ablished density limits for the entire subdivisio d. In :l *Amended 4/2/90 6/9/14 The University Lake Watershed Area i de lands which drain into the University Lake Reservoir. Density within this area is limited t w unit for every 5 acres with a required minimum lot size of 2 acres. Based on eferred waters rotections strategy of land use controls as recommended by Ca resser and McKee in the sit Lake Watershed Study, only low- density residentia es are permitted. Cluster subdivisions wi sizes of not less than one (1) acre are als owed so long as density limits are adhered to. There is Ilowance for the creation of 5 1 t a density of 1 unit per 2 acres for property legally in existence as ctober 2, 1989. tonal lots shall be allowed consistent with the 1 unit per 5 acre density as detaile *Rural Residential and Agricultural *Amended 4/2/90 6/9/14 6/17/14 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to 1 acre in area, are allowed as long as established density limits are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses agricultural uses exempt from zoning regulations intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low- density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. 83 7 Excerpted Pages of Joint Planning Agreement agreem However, it will only be changed as the Joint Planning Are d Use Map is amended if the endments change the 1 on of either the CJ or the CJJDA. F. Joint Courtesy Revea. A portion of the northern Rura fer Area bounded on I -40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development Ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in to the extent they can legally do so, Orange County, its Board of Commissioners, i dvisory boards, its staff and all ;members of i oards and staffs, in their official and individual ca 'ties, from any anaims, actions, proceedings, expenses, damages or liabilities, includ' a Heys' fees and courts costs, resulting from the towns' administration e ordinances specified in -ons 2.1(C). C. Orange CounA,-<all notify the respective towns and the towns shall Orange County as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. B. Except as provided herein, proposed amendments to the text of the Orange County Zening and r„i.divisie Ofdi Tees Unified Development Ordinance' that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, ' Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 12 and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of agricultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB (Rural Buffer) general use zoning district in 2015, Orange County shall not materially change the text of its Unified Development Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to /from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article 5 of the Unified Development Ordinance.2 C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment 2 This text was added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. 13 Attachment 2 10 Perdita Holtz, Orange County Planning Department, stated that the County prefers that the Town adopt something that addresses their intent rather than amending the County's UDO language. A motion was made by Alderman Chaney, seconded by Alderman Seils, that this resolution be approved. RESOLUTION AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT TO ALLOW FOR THE POSSIBILITY OF LOCATING APPROPRIATE LOW INTENSITY AGRICULTURAL SUPPORT ENTERPRISES IN THE RURAL BUFFER LAND USE CLASSIFICATION WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement originally dated September 22, 1987 and amended from time to time, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions, and WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Within the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, amendments to the Joint Planning Land Use Plan and Agreement are necessary prior to Orange County adopting the aforementioned Comprehensive Plan and Unified Development Ordinance amendments, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on March 27, 2014, in accordance with the requirements of the Joint Planning Agreement. NOW THEREFORE, the Carrboro Board of Aldermen hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends approval of all but four (i.e. Agricultural Processing Facility, Microbrewery w/Major Events, Winery w/Major Events, and Assembly Facility Greater than 300 Occupants) of the proposed agricultural support uses contained in the draft ordinance modifying the Orange County Unified Development Ordinance that may only be enacted after the amendments to the Joint Planning Land Use Plan and Joint Planning Agreement have been approved. The Carrboro Board of Aldermen's approval is predicated on the removal of these uses. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that the Agricultural Preservation Board, the County's appointed agricultural advisory board be given the opportunity to comment on rezoning and land use permits related to ASE in the Rural Buffer.BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that reuse of existing farm Town of Carrboro January 27, 2015 11 buildings, especially those 50 years or older, into new agricultural support enterprises, be encouraged by including in the draft ordinance provisions a mechanism for reducing or waiving the 100 -foot property line setback requirements that would otherwise apply to such new enterprises. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen requests that an update on Agricultural Support Enterprises be provided annually at a joint public meeting of the parties to the Joint Planning Agreement. BE IT FURTHER RESOLVED that the amendments to the Joint Planning Land use Plan and the Joint Planning Agreement described above and indicated on the attached pages shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. BE IT FURTHER RESOLVED that Vet Clinics and Hospital Uses are preferred for only large animal care. This the 27th day of January, 2015 The motion carried by the following vote: Aye: Mayor Lavelle, Alderman Haven - O'Donnell, Alderman Chaney, Alderman Seils, Alderman Gist, and Alderman Johnson Nay: Alderman Slade Town of Carrboro January 27, 2015 12 Attachment A - 4 The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses' and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential axlAgricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential and Agricultural Areas are low- density areas consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Public- Private Open Space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100 -foot buffer along I -40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hone Creek Corridor Onen Space Areas include some of the Resource Protection Areas and a portion of the Public /Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer — Blackwood station on N.C. Highway 86. The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 13 Attachment A - 5 PAGE 83 — JPA LAND USE PLAN Text above the section proposed for amendment has been removed. *Rural Residential and Agricultural4 *Amended 4/2/90 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 14 Attachment A - 6 PAGE 84 — JPA LAND USE PLAN Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low - density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low- density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural_purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. Text below the section proposed for amendment has been removed. The amendment s necessary for Agricultural Support uses are shown in italic and underline d text. 15 Attachment A - 7 Page 3 of Joint Planning Agreement agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I -40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low - density area consisting of single- family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agricultural uses exempt from zoning regulations, and low - intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development ordinance as allowable in the RB (Rural Buffer) er) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in 16 Attachment A - 8 C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. 13. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinanees Unified Development Ordinance3 that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of y&icultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB LRural Burr) general use zoning district in 3 Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 17 Attachment A - 9 2014, Orange County shall not materially chancre the text of its Unified Development Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to / from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article S of the Unified Development Ordinance. i C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period maybe reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1 C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its 4 This text is proposed to be added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. W MOTION WAS MADE BY ALDERMAN SLADE SECONDED BY ALDERMAN HAVEN - O'DONNELL TO HAVE COUNTY STAFF 1) ADD LANGUAGE TO THE STANDARDS SECTION FOR "WINERY WITH MINOR EVENTS" AND "MICROBREWERY WITH MINOR EVENTS" SIMILAR TO LANGUAGE WHICH ALREADY EXISTS FOR "MICROBREWERY PRODUCTION ONLY" WHICH ENSURES THEY ARE LIMITED TO BEING LOCATED ONLY ON BONA FIDE FARMS AND 2) FOR COUNTY STAFF TO ADD LANGUAGE TO THE STANDARDS SECTION FOR "COLD STORAGE FACILITY" AND "FEED MILL" SIMILAR TO LANGUAGE THAT ALREADY EXISTS FOR "AGRICULTURAL PROCESSING FACILITY, COMMUNITY" WHICH CONDITIONS, WHEN IN THE RURAL BUFFER, THAT THE USE IS FOR LOCAL COOPERATIVE FARM PARTNERS ONLY. THE MOTION FAILED BY THE FOLLOWING VOTE: AYE: HAVEN- O'DONNELL AND SLADE, NAY: SEILS, CHANEY, JOHNSON, LAVELLE, GIST PRESENTATION FROM THE NC METRO MAYORS EXECUTIVE DIRECTOR AND BOARD DISCUSSION OF LEGISLATIVE ISSUES FOR THE 2015 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY The purpose of this item was to hear a presentation from Julie White, the Executive Director of the NC Metro Mayors Coalition and to request that the Board of Aldermen discuss legislative issues to present to our local delegation at the breakfast. The delegation may be able to pursue some of the issues presented during the upcoming session of the NC General Assembly. Julie White, Executive Director of the NC Metro Mayors Coalition, presented the legislative goals of the Coalition to the Board. Alderman Slade asked for a response from Rep. Price regarding the Trans - Pacific Partnership resolution passed by the Board. He also asked for the attorney to check on the housing code proposed legislation from last year. Alderman Chaney asked for affordable housing financing strategies to be discussed along with the protection of roads from damage due to truck routes related to fracking. She also requested that the Town support historic tax credits and low- income tax credits. Alderman Chaney asked that the Board ask for the delegation's perception on the University System and current changes. Alderman Gist asked that the Board discuss HB 150 with the delegates. Mayor Lavelle asked that the Board discuss the proposed bill for religious freedoms and its anti -GLBT platform. She also asked that the delegation take a look at the way vacancies on the Court of Appeals are filled. Alderman Seils asked that municipal rental inspection and registration programs be discussed along with strengthening of gun control in parks and schools. He asked that the Charter amendment to add sexual orientation, gender identity and gender expression to the list of bases upon which the Board may prohibit housing discrimination be pursued again during this session. DISCUSSION ON USE OF TOWN OWNED PROPERTY LOCATED 110 EAST MAIN Town of Carrboro January 27, 2015 19 I, Amy T. Harvey, Acting Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached is a true and correct copy of (2015 - 03-09/R-4) adopted by the Chapel Hill Town Council on March 9, 2015. This the 10th day of March, 2015. Amy T. Harvey Acting Town Clerk (Ir RA RESOLUTION A RESOLUTION APPROVING AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT MODIFYING LANGUAGE TO ENSURE AGRICULTURAL ACTIVITIES ARE ALLOWED THROUGHOUT THE RURAL BUFFER (2015- 03- 09/R -4) WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro have engaged in a cooperative planning effort for the area known as the Rural Buffer as detailed within a Joint Planning Land Use Plan (hereafter `the Plan'), adopted October 13, 1986, and amended from time to time; and WHEREAS, the administration of this Joint Planning Land Use Plan is laid out within the Joint Planning Agreement (hereafter `Agreement'), originally adopted on September 22, 1987, and amended from time to time; and WHEREAS, Orange County initiated amendments to the Plan and Agreement seeking to ensure agricultural activities are allowed throughout the area; and WHEREAS, these amendments to the Plan and Agreement are necessary to ensure consistency with the County's existing land use management program; and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on November 19, 2014 and March 27, 2014, in accordance with the requirements of the Joint Planning Agreement. NOW, THEREFORE, the Town Council hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages labled Attachment A -4 through A -9. BE IT FURTHER RESOLVED that the Town Council recommends approval of all but four (i.e., Agricultural Processing Facility, Microbrewery with Major Events, Winery with Major Events, and Assembly Facility Greater than 300 Occupants) of the proposed agricultural support uses contained in the draft ordinance modifying the Orange County Unified Development Ordinance that may only be enacted after the amendments to the Joint Planning Land Use Plan and Joint Planning Agreement have been approved. The Town Council's approval is predicated on the removal of these uses. BE IT FURTHER RESOLVED that the Town Council recommends that the Agricultural Preservation Board, the County's appointed agricultural advisory board, be given the opportunity to comment on rezoning and land use permits related to Agricultural Support Enterprises (ASE) in the Rural Buffer. BE IT FURTHER RESOLVED that the Town Council recommends that reuse of existing farm buildings, especially those 50 years or older, into new agricultural support enterprises be encouraged by including in the draft ordinance provisions a mechanism for reducing or waiving 21 the 100 -foot property line setback requirements that would otherwise apply to such new enterprises. BE IT FURTHER RESOLVED that the Town Council requests that an update on Agricultural Support Enterprises be provided annually at a joint public meeting of the parties to the Joint Planning Agreement. BE IT FURTHER RESOLVED that Vet Clinics and Hospital Uses are preferred for only large animal care. BE IT FURTHER RESOLVED that the amendments to the Joint Planning Land Use Plan and the Joint Planning Agreement described above and indicated on the attached pages shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. This the 91h day of March, 2015. 22 Attachment A - 4 The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses, agricultural uses exempt from zoning regulations, and low - intensity agricultural support uses' and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential adAgricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rural Residential and Aqricultural Areas are low- density areas consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. The area includes property supporting farming operations, including forestry activities, established in accordance with the provisions of the North Carolina General Statutes. Public- Private Open Space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100 -foot buffer along 1 -40, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Map) which provided the framework within which other land uses are situated. New Hone Creek Corridor Onen Space Areas include some of the Resource Protection Areas and a portion of the Public /Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer — Blackwood station on N.C. Highway 86. 1 The amendments necessary for Agricultural Support uses are shown in italic and underlined text. 23 Attachment A - 5 PAGE 83 — JPA LAND USE PLAN Text above the section proposed for amendment has been removed. *Rural Residential and Agricultural4 *Amended 4/2/90 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. The amendments necessary for Agricultural Support uses are shown in italic and underlined text. R Attachment A - 6 PAGE 84 — JPA LAND USE PLAN Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as long as density limits for the entire subdivision are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses, agricultural uses exempt from zoning regulations, and low - intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low - density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. The remaining area designated for Rural Residential and Agricultural development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low- density development is projected. There are approximately 9,260 acres of land designated for Rural Residential and Agricultural_purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6), the estimated population would be 10,231. Text below the section proposed for amendment has been removed. The amendment s necessary for Agricultural Support uses are shown in italic and underline d text. 25 Attachment A - 7 Page 3 of Joint Planning Agreement agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I -40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low - density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agricultural uses exempt from zoning regulations, and low - intensity agricultural support arses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development ordinance as allowable in the RB (Rural Bu, ffer) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in 26 Attachment A - 8 C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. 13. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinanees Unified Development Ordinance3 that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of y&icultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB LRural Burr) general use zoning district in 3 Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 27 Attachment A - 9 2014, Orange County shall not materially change the text of its Unified Develo merit Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to /from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article S of the Unified Development Ordinance. i C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period maybe reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1 C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its 4 This text is proposed to be added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. Attachment 3 28 Excerpted Pages of Joint Planning Land Use Plan *Suburban Residential Areas are designated for housing densities ranging from one (1) to !13K5) dw ng units per acre. Such areas are located where land is changing from ZLystra an, suitable r urban densiti and to be provided with public utilities and services. Housing type single- ily to duplexes multi - family dwellings. * Howeve densities may be lower than one dwelling unit per acre in esidential Areas. Chapel Hill as part o s Southern Small Area Plan has identified certain areuthern Triangle as being suitable for densi not exceeding one (1) unit per acre for areas imst of U.S. 15 -501 and densities not exceeding on 1) unit per five (5) acres for areas immediately Lystra Road. *Amended 2/1/93 Urban Residential Areas are si N ar to Suburban Resi ntial Area in terms of both housing types and public services availability. However, d ities are hig , ranging from six (6) to thirteen (13) dwelling units per acre. Office - Institutional Areas is a category si ng of establishments which offer an array of financial, insurance, real estate, legal, medical nd busin services. Such areas generally have public utilities and services available and are loca adjacent to he 'ly traveled streets. Future UNC Development i a category established for Ian owned by the University of North Carolina, including Horace Willia Airport and adjacent parcels. Such nds are contemplated for expansion of the UNC campus, provided e Airport is relocated. Retail Trade Ar4bs are limited in Transition Areas, including existing estdbl,sZents at Starpoint and Calvander. Modest om for expansion was projected in Transition Areas. Liaht4fidustrial Areas are singular, consisting of the Chapel Hill Industrial Park on banks Road and the pr osed site between Eubanks Road and Homestead Road are included in this catego Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on EbOanks and the proposed site between Eubanks Road and Homestead Road are included in this category. *Rural Buffer and Conservation *Amended 4/2/90 2/3/92 (effective 2/24/92) 6/9/14 6/17/14 The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning Area Land Use Plan to form a single land use classification — Rural Buffer. The Rural Buffer is defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural and not require urban services (public utilities and other Town services). The Rural Buffer is expected to contain low density residential uses ;,; well agricultural uses exempt from zoning regulations and low- intensity agricultural support use: and consists of the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Public- Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed Area. Rura ricultural Areas are low- density areas consisti - amity homes situated on large lots with a minimum to si ex r of a cluster subdivision and then adhering to a density limit of 1 unit for ev property. us reducing parcels to 1 acre in area, are alto as established density limits for the entire subdivision are main :l 29 *Amended 4/2/90 6/9/14 The University Lake Watershed Are lud I lands which drain into the University Lake Reservoir. Density within this area is limited ing unit for every 5 acres with a required minimum lot size of 2 acres. Based on referred water d protections strategy of land use controls as recommended by Ca , resser and McKee in the . versity Lake Watershed Study, only low- density residential s are permitted. Cluster subdivisions ' lot sizes of not less than one (1) acre are also wed so long as density limits are adhered to. There n allowance for the creation of 5 lo a density of 1 unit per 2 acres for property legally in existence October 2, 1989. Ad ' ' nal lots shall be allowed consistent with the 1 unit per 5 acre density as deta' *Rural Residential and Agricultural *Amended 4/2/90 6/9/14 6/17/14 The Rural Residential category is a low- density area consisting of single - family homes situated on large lots with a minimum lot size of two acres, except when part of a cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster subdivisions, reducing parcels to 1 acre in area, are allowed as long as established density limits are maintained. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low- density residential uses agricultural uses exempt from zoning regulations intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Agricultural areas existing within Transition Areas are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of very low- density in nature and will generally consist of farm dwelling and outbuildings in support of agricultural operations. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low- density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewer disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. However, only low- density residential and agricultural uses are anticipated. Development will continue to rely on wells and septic tanks for water supply and sewage disposal. 83 Excerpted Pages of Joint Planning Agreement 30 However, it will only be changed as the Joint Planning Area Land Map is amended irTht Wap amendments change the locationnof- either the CJDA or the CJJDA. F. Joint Courtesy Review A portion of the northern Ru ffer Area bounded on the east, I40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential and Agricultural, Public /Private Open Space, Resource Conservation, Extractive /Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being a low- density area consisting of single - family homes situated on large lots having a minimum size of two (2) acres, unless the cluster subdivision option is used and density limits are maintained. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low- density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses and not require urban services (public utilities and other town services). Agricultural support uses are those designated in the County's Unified Development Ordinance as allowable in the RB (Rural Buffer) general use zoning district or those permitted through the ASE -CZ conditional zoning district. H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in 31 to the extent they can legally do so, Orange County, its Board of Commissioners ,1 dvisory boards, its staff and all members of ' oards and staffs, in their official and individual ca 'ties, from any and claims, actions, proceedings, expenses, damages or liabilities, includi a Heys' fees and courts costs, resulting from the towns' administration o e ordinances specified in ons 2.1(C). C. Orange Coun y s all notify the respective towns and the towns shall n-bfiXy Orange County as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and /or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. B. Except as provided herein, proposed amendments to the text of the Orange County Zening Unified Development Ordinance' that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, ' Since the County now uses a Unified Development Ordinance, the language in this section should be changed to reflect the current name of the County's land use regulations. 12 32 and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. In the case of agricultural support uses, both the ASE -CZ conditional zoning districts and the agricultural support uses added to the RB (Rural Buffer) general use zoning district in 2015, Orange County shall not materially change the text of its Unified Development Ordinance, as it pertains to the Rural Buffer, unless the amendment is heard at a joint public hearing and adopted by Orange County, Chapel Hill, and Carrboro. Examples of material changes, in this case, are adding or deleting uses to /from the Table of Permitted Uses and /or adding, deleting, or changing the use - specific standards in Article 5 of the Unified Development Ordinance.2 C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment 2 This text was added to address concerns that Orange County could significantly change its Unified Development Ordinance after the Towns of Carrboro and Chapel Hill approve amendments to the Joint Planning documents and those changes would be subject only to a staff -level review by Town staff. 13 33 Attachment 4 Town Meeting Dates The proposed Joint Planning Land Use Plan & Agreement Amendments were on the following Town of Carrboro and Chapel Hill meeting agendas: Carrboro (http: / /www.ci.carrboro.nc.us /) June 3, 2014 June 17, 2014 September 9, 2014 October 7, 2014 October 14, 2014 January 13, 2015 (not discussed due to time constraints) January 27, 2015 Chapel Hill ( http : / /www.ci.chapel- hill.nc.us /) June 9, 2014 November 10, 2014 January 26, 2015 (no discussion, consent item to continue public hearing) February 23, 2015 (no discussion, consent item to continue public hearing) March 9, 2015