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HomeMy WebLinkAboutAgenda - 04-26-2007-c2ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: April 26, 2007 Action Agenda Item No. C.2 SUBJECT: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment Orange County Animal Services Facility (JPA-CH-Z-2-07) DEPARTMENT: Planning PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Joint Staff-Memorandum Judy Johnson 968-2728 2. Applicant's Statement of Justification 3. Map PURPOSE: To receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of a 5.96 acre site on the south side of Eubanks Road between the Orange County landfill and Millhouse Road from Residential-1 (R-1) to Office - Institutional-1- Conditional (01-1-C). BACKGROUND: The Town of Chapel Hill has received an application from Orange County for a Zoning Atlas Amendment to rezone 5.96 acres of land on the south side of Eubanks Road between the Orange County Landfill and Millhouse Road. The property is currently located within the Residential-1 (R-1) zoning district and is identified as being all or a portion of Orange County Parcel Identifier Number 9870774584. Accompanying the Zoning Atlas Amendment was a Special Use Permit application. The applicant has requested that the site be rezoned from Residential-1 (R-1) to the Office Institutional -1- Conditional (01-1-C) zoning distri6t. The existing Residential-1 zoning district allows a Public Service facility but has a maximum floor area ratio of 0.076. The proposed zoning district, Office Institutional -1- Conditional (01-1-C), allows a maximum floor area ratio of 0.264. 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. The application received by the Town for the proposed Special Use Permit has been tentatively scheduled for a public hearing on June 18, 2007. FINANCIAL IMPACT: None Cink"onipith.m.sivc Planning DivIk(U."NE"20071 fleaHjip'•pr ^6 JRk-Anknal Service, 2 RECOMMENDATION(S): - The Orange County and Chapel Hill Planning staffs recommend approval of the proposed zoning atlas amendment as contained in the attached analysis. Following conclusion of the Public Hearing, the matter should be referred to the Town of Chapel Hill for decision and to the Orange County Planning Board for a recommendation to the County Commissioners. PROPOSED DATES: • Chapel Hill Town Council - September 10, 2007 • Orange County Planning Board — October 3, 2007 • Board of County Commissioners — October 23, 2007 G:•Comp(dimvih,e Plariving NkAGUNIE 2007 PuM it; 3 To: Orange County Board of Commissioners Chapel Hill Town Council Orange County Planning Board Laura Blackmon, Orange County Manager Roger L. Stancil, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff DATE: April 26, 2007 SUBJECT: Joint Planning Area Public Hearing, 04- 26 -07: ORANGE COUNTY ANIMAL' SERVICES FACILITY ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas A request has been submitted to the Town of Chapel Hill for a Zoning Atlas Amendment for a 5.96 - acre site located at the south side of Eubanks Road between the Orange County Landfill and Millhouse Road. The site is located in the Residential -1 (R -1) zoning district with a portion in the Resource Conservation District. The applicant is proposing to rezone the site to Office/Institutional- 1- Conditional (OI -1 -C). The site is identified as being all or a portion of Orange County Parcel Identifier Number 9870774584 and is located in Orange County, outside the Town Limits of Chapel Hill. Background On March 21, 2007, the Town of Chapel Hill received an application for a Zoning Atlas Amendment to rezone 5.96 acres of land on the south side of Eubanks Road between the Orange County Landfill and Millhouse Road. The property is currently located within the Residential -1 (R -1) zoning district and is identified as being all or a portion of Orange County Parcel Property Identifier Number 9870774584. A Special Use Permit application has also been submitted. The applicant has requested that the site be rezoned from Residential-1 (R -1) to the Office/Institutional -l-Conditional (0I -1 -C) zoning district. The existing Residential -1 zoning district allows a Public Service facility but has a maximum floor area ratio of 0.076. The proposed zoning district, Office /Institutional -l-Conditional (OI -1 -C), allows a maximum floor area ratio of 0.264. 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.. The application received by the Town for the proposed Special Use Permit has been tentatively scheduled for a public hearing on June 18, 2007. ii:.f: nripreliensi -c Planning DivAGENEA2007 Public I learings'Apr .^.b.IPA'••AnirY3..i Servk:rs Rwfiily 0(: Anirnal.%ller)PA C'lfrncano ?.U(l7t14?4iinxLdex: 0 Summary of the Chapel Hi11 and Joint Planning Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 1986. Chapel Hill has since adopted a new Land Use Plan in May 2000 which Orange County adopted as an amendment to the 1986 Joint Planning Area Land Use Plan effective October 1, 2003. The application site is located on the south side of Eubanks Road between the Orange County Landfill and Millhouse Road. The Joint Planning Area Land Use Plan, as amended, in this location is designated as "Low Residential ", 1 -4 units per acre. Zoning Atlas Amendments The zoning designation of a property determines the range of land uses and development intensities permitted on the property. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In accordance with the Town of Chapel Hill's Land Use Management Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is a proposal to change the zoning to a different zoning district in which any of several kinds of developments and uses are permissible. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin Towns rezoning application is a conditional use rezoning request. Consequently, if the Homestead Twin Towns conditional use rezoning request were to be approved, the applicant would still need to receive approval for a Special Use Permit application from the Town of Chapel Hill, prior to the proposed development actually occurring on the site. If a Special Use Permit issued for a Conditional Use District is abandoned, revoked, or void, the conditions use zoning also becomes void and the property reverts back to the previous zoning district. Article 4.4 of the Town of Chapel Hill's Land Use Management Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except: a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan." Article 4.4 further indicates: "It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan." As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance stipulates that: i:r:Cornprelu;n�ivc Planning 1: !v\(IL•NlM007 Public IIearingx;Apr 26.11-I MAnirr4l Services Ricililg' :OC Animal Shelley 1PA IIItrnenio 200"114- 10l'in l.doc 5 "Pursuant to North Carolina General Statutes Section 160A -382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An .application for rezoning to a conditional use district may include a request by the property owner(s) to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Section 4.5 of this Chapter, and may be reviewed concurrently with • the Special Use Permit application; provided, however, that the Special Use Permit application shall be approved separately as provided in Section 4.5 of this Chapter." The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny the rezoning request. Existing Zoning The site is presently zoned Residential -1 (R -1), which is a low density residential zoning district. The Residential -1 zoning district requires a 17,000 square foot minimum lot size, establishes a floor area ratio of 0.076, and establishes a density cap not to exceed 3 units per acre. Proposed Amendment to the Joint Planning Area Zoning Atlas The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential -1 (R -1) to the Office /Institutional -l-Conditional (OI -1 -C) zoning district. The Office /Institutional -l-Conditional zoning district requires a 5,500 square foot minimum lot size, establishes a floor area ratio of 0.264, and establishes a density cap not to exceed 10 units per acre. Discussion Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 shall not be amended except a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the Comprehensive Plan. A) A rezoning is justified to correct a manifest error. Staff Comment: We believe the information in the record to date can be summarized as follows: Arguments in Support: We were unable to identify any arguments in support. Arguments in Opposition: We were unable to identify any arguments in opposition. (i •.(:,)I'nprehennive Planninf C >ia(T1:N1. \`MiH)7 Public I lealings,;Apc '2h .Ii ?r1`s�nirr�l ServiMS I ;LM1111y 0C Allimill Shalwr JigA PT Ii 20070420 -ft al.doi: n B) A rezoning is justified because of changed or changing conditions in a particular area or in the jurisdiction generally. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of Justification can be summarized as follows: "Since the current zoning was established: 1. "To the northeast, diagonally across the Eubanks /Millhouse intersection, a commercial building has recently been constructed on a parcel with Mixed Use -Office Institutional -1 zoning designation." [Applicant's Statement] 2. "Further to the north along Millhouse Road, the Town has constructed a new Municipal Operations Facility." [Applicant's Statement]. 3. "To the west, on the opposite side of the existing landfill, Orange County is currently developing a new Solid Waste Operations Facility." [Applicant's Statement] Arguments in Opposition: No arguments in opposition have been submitted to date. C) A rezoning is justified to achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of Justification can be summarized as follows: ® "The applicant believes the requested zoning amendment is necessary for the subject property to allow the County to provide comprehensive animal services at the appropriate level of quality." [Applicant's Statement] ® "Infrastructure improvements will serve public purposes by providing critical public utility service to this important Focus Area. " [Applicant's Statement] Arguments in Opposition: No arguments in opposition have been submitted to date. Preliminary Recommendation The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed amendment to the Joint Planning Area Zoning Atlas. We believe that this rezoning could be justified based on the finding that a rezoning would achieve the purposes of the Chapel Hill Comprehensive Plan. Our preliminary recommendation is that the Orange County Commissioners and Chapel Hill Town Council adopt the attached ordinance, rezoning the property from Residential -1 (R -1) to Office /Institutional -l-Conditional (OI -1 -C). We note that further evidence may be submitted at the Public Hearing. GclCenmprehen5ive Ptsiming 17W GENlil'_t1117 Public ite<rringr Apr 2ti.11'rk';Anirr�l Serviu!: Facilay'..0C Animal SbellerJP:i Filnieuw wtitl7U43G1 izal.d�;c W Attachments 1. Ordinance 2. Applicant's Statement of Justification 3. Mao (;:\Coniprebensive Planning [*3!v1(3FNIA—'007 Public I Sv--,Vllces I Animal Sliallei )PA PT Ii iierno '20107042ORnakhx: N. AN ORDINANCE AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning' Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS: That the site, identified as now or formerly Orange County Parcel Identifier Numbers 9870 -77- 4584), that is currently zoned Residential -1 (R -1) located on the south side Eubanks Road between the Orange County Landfill and Millhouse Road, shall be rezoned to Office/Institutional -l-Conditional (0I -1 -C). The description of the area to be rezoned is indicated on the attached map, and extends to the centerline of the rights -of -way of Eubanks Road and the University Spur Railroad. This ordinance shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. 6:* %C.unlaebensive Planning Div \GL•NE\2017 Public Ilearings'Airr 26.IPrr,'•.Aningl Services 1 icililti'.00 Animal Mielier }PA P1lm;xno 2tA AX- 1614nal.dor M WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW •' THE ORANGE COUNTY C••'t OF • 1 1 • CHAPEL HILL TOWN • I EREBY RESOLVE TO DENY TI-HS APPLICATION • JOINT AMEND THE 1 NG ZONI G:`:i'onulrrehen,ive Punning Dint NU2007 Pubbi: i In ings':Apr 20.IPA`-- %Wr1gl SerJices 1 aaili4r:oc: Animal Sheller 1PA PTIrrnenio 200704?frPinai.doc 10 ZONING 1 STATEMENT OF JUSTIFICATION For. ORANGE COUNTY ANIMAL SERVICESTACILITY Chapel Hill•Township PIN 9879 77 4584 MUM Orange County hereby'requests a zoning change for the subject property, to allow development of 'a comprehensive animal services .facility. The property consists of 5.96 acres, more or.less, located on the south side of Eubanks Road (SR 1727) west of the' intersection with Millhouse Road (SR 1725): The undeveloped.property lies within the planning jurisdiction ofthe Town of Chapel.Hill, and is currently zoned R-1. The Applicant requests that the property's zoning be changed to 01-1 -C. Concurrent with this zoning amendment request, the Applicant will also request a Special Use Permit for the property. In consideration for the zoning amendment, the Applicant is willing to accept a Conditional Use designation, which will limit usage of the-property to the specific conditions attached to the Special Use Permit. The proposed land use designation for the project is Public Service Facility, -as defined in the Town of Chapel Hill Land Use Management Ordinance. &STIFICATION The .Applicant believes that the requested zoning amendment is justified (a) because of changed land use conditions in the vicinity of the subject property, and (b) because the resulting development will achieve the purposes of the Town of Chapel Hill's adopted Comprehensive Plan. CHANGED CONDITIONS In recent years, land use patterns in the project area have begun to take on a more transitional character, primarily associated with MixedUse zoning designations. The undeveloped property to the north, across Eubanks Road, is currently zoned MU -0I -1. To the northeast, diagonally across the Eubanks/Millhouse intersection, a commercial building has recently been constructed on a parcel with a MU -OI -1 zoning designation.. To the east, across the railroad tracks, several parcels are also zoned MU OI -1. And 11 further to the north along Millhouse Road, the Town has constructed a new Municipal Operations Facility. Lastly, tothe west, on the opposite side of the existing landfill, Orange County, is currently developing a new Solid Waste Operations Facility. Clearly, the subject area is undergoing 'a well- planned and orderly transition to a more service - oriented character. The requested zoning is similar to current zoning of much of the area, including several adjacent .parcels. In addition,. the proposed land use will be compatible with current and emerging land usage patterns in the area, and will provide a valuable service facility for Town.citizens and for the'County at large. 1 DI M 13 JIM The proposed land use is consistent with a significant recommendation of the Town's adopted Comprehensive Plan. The Plan identifies the general area around the subject property as the Northwest Focus. Area. One. recommendation.of the Plan. is to "Encourage regional cooperation, particularly with Orange County and .Carrborol to address the provision of services and infrastructure in the Northwest Area." (Appendix B, Chapter 4; Paragraph 4.4). Based on studies of geographic, demographic, transportation, and other parameters, Orange County has determined that the Northwest Area of Chapel Hill, and the subject property in particular, is strategically suited for the location- and provision of this important public'service. Further, the Applicant believes that the requested zoning amendment is necessary for the subject property, to allow the County to provide comprehensive animal services at the appropriate level of quality. Orange County proposes to install public utility improvements as necessary far the proper operation of this facility. Consistent with the recommendations of the Comprehensive Plan, these infrastructure improvements will serve public purposes by providing critical public utility service to this important Focus Area. SUMMARY The requested zoning amendment will allow Orange County to provide comprehensive and high-quality animal services, including sheltering, adoption, animal control, public outreach, and related activities, to citizens of the Town of Chapel Hill and Orange County at large. The requested zoning classification and corresponding land use will be compatible with current and emerging patterns in the area. In addition, the requested zoning.amendment will comply with an important recommendation of the Town's Comprehensive Plan. Further, the Applicant will accept Conditional Use zoning in order to subject usage of the properiy'to specific conditions attached to a Special Use Permit. 12 Orange County Animal Services Facility Proposed Zoning Atlas Amendment to Office Institutional 1- Conditional Zoning from Residential 1 Zoning RT JPA Old oqq Landfill Proposed Rezoning of Animal Services Facility Site & It abutting right-of-way I Landfill RT JPA q Area Proposed to be Rezoned to 01-1-C from R-1 Buildings Chapel City Limits Chapel Hill Zoning -IT JPA Joint Planning Area MU-R-1 JPA Duke Energy Substation N R-1 JPA d MU_ 1-1 J A , IN Town Parkl Ride Lot. I Proposed Chapel Watch Village R-2 JPA A N 200 0 200 Feet GIS Map prepared by Chapel Hill Planning March, 2007