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HomeMy WebLinkAboutAgenda - 06-27-2006-5bbORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 27, 2006 Action Ager~a~ 1 Item No. b SUBJECT: Rusch Hollow Re-zoninq -Chapel Hill Joint Planning Transition Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1, Resolution 2, Draft Public Hearing Minutes INFORMATION CONTACT: Craig Benedict, 245-2592 Gene Bell, 245-2589 PURPOSE: To consider approval of a request to rezone 10,431 square feet of land in the Chapel Hill Joint Planning Transition Area from Chapel Hill R-1 to Chapel Hill Residential- Special Standards-Conditional (R-SS-C), BACKGROUND: Joint approval of a Habitat far Humanity re-zoning petition in 2003 was the first step in creation of the Rusch Hollow affordable housing subdivision. it is located east of Rogers Road and north of Rusch Road in the Chapel Hill .Joint Planning Transition Area. As approved, the subdivision contained 12 lots for owner-occupied single-family homes and two lots for a duplex and triplex respectively, to provide affordable rental housing, The triplex lot did not meet minimum size requirements far the proposed use, Habitat was successful in purchasing 10,431 square feet from an adjacent lot with asingle-family home on i and combined it with the triplex lot to meet required square footage, while at the same time leaving the minimum required area on the existing single-family lot, The re-zoning is needed to extend R-SS-C to the additional area added to the triplex lot, The rezoning petition was presented at the May 11, 2006 .Joint Planning Area Public Hearing attended by a quorum of the Orange County Commissioners and Chapel Hill Town Council. No public comments were received. At its meeting on June 7, the Orange County Planning Board considered a recommendation on the rezoning petition. Following a brief staff presentation, the nine Planning Board members in attendance voted unanimously to recommend approval of the request, The Chapel Hiil Town Council will consider the rezoning petition on either .tune 19 or June 26. FINANCIAL IMPACT: None, RECOMMENDATION(S): The Administration recommends approval of the proposed rezoning from Chapel Hill R-1 to Chapel Hill R-SS-C as contained in the attached resolution, A RESOLUTION 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; WHEREAS, a Joint Planning Area hearing was held on October 15, 2003, in which a rezoning of the adjacent subdivision to the north from Residential-1 to Residential Special Standards Conditional was approved; 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 10,431 square feet being on a portion of the site identified as now or formerly Chapel Hill Township Tax Map 23, Block D, Lot 17 (PIN No. 9870- 53-6794) that is currently zoned Residential-1 (R-1 ), located adjacent to and south of Lot 3 in the Rusch Hollow subdivision, shall be rezoned Residential- Special Standards-Conditional (R-SS-C) zoning, with the following limitations on use: No development may occur on this site unless the Town Council amends the Special Use Permit authorizing the Rusch Hollow development to include the rezoned portion, The description of the area to be rezoned is indicated on the attached map. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that the Joint Planning Zoning Atlas is amended in accordance with the above mentioned conditions and attached map. upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2006, I, Donna S, Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2006 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No, of the minutes of said Board. WITNESS my hand and the seal of said County, this day of 2006. Clerk to the Board of Commissioners 4 <V I~ ~~~ ~~~g~~~ g ~ 4 E~ a @~~~~ ~ ~ ag . 1 ~~ a ~~ ~~ g ~'~~~~#~~ ~, ~ ~d g a0 ~ ~ ~ ~~ ~ ~~~g~~~~ ~ # ~~~ sy ~.~~~ s <a~ bo`~:p ~~~ N f~" ~~~ ~~___ ------- .. -- _ ._...~-.,,... g - - - ~ ~$!8 r xaau : nun ~ ~ ,a~ ~ dt' ~ ~~~~~~ ` ~>~~e 3 ~ \ vN'1pm "9~ t pp+._ .i ~ .\a)~~ ~.of„ ~ Asa ~ ~ a ~ ` ~g& a ' ~ \~\ .. .. \ - s y$$ ~ 1 ~ ~ ~ .y ~E ~ 4 g~i ~~ ~' 2 b~`~ ° ~ i~j a ,y~` ~ Cr 44M= ~sa ~6 s ~~ ~ ~ ~~~ ~~~4 DRAFT MINUTES ONLY - 5 NOT YET APPROVED BY BOCC 1 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 CARRBORO BOARD OF ALDERMEN 4 CHAPEL HILL TOWN COUNCIL 5 JPA PUBLIC HEARING 6 May 11, 2006 7 7:30 p.m. 8 9 10 The Orange County Board of Commissioners met in joint session with the Chapel Hill 11 Town Council on Thursday, May 11, 2006 at 7:30 p.m, at the Southern Human Services Center 12 in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing, 1:3 14 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses 15 Carey, Jr„ Valerie Foushee, and Alice M, Gordon, 16 COUNTY COMMISSIONERS ABSENT: Stephen Haikiotis 17 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and Sean Borhanian 18 COUNTY STAFF PRESENT: County Manager John M. Link, Jr„ and Clerk to the Board 19 Donna S, Baker (All other staff members will be identified appropriately below) 20 TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Council Members Biil 21 Strom, Sally Greene, Cam Hill, Jim Ward, Mark Kleinschmidt, and Bill Thorpe 22 TOWN OF CHAPEL HILL COUNCIL MEMBERS ABSENT: Mayor Kevin C. Foy and 23 Councilmembers Ed Harrison and Lauren Easthom 24 CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT (not requested to attend 25 this hearingl: Mayor Mark Chilton and Aldermen Alex Zaffron, Jacquelyn Gist, Joal Hall 26 Broun, John Herrera, Randee Haven-O'Donnell, and Dan Coleman 27 28 29 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE 30 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 31 32 33 A. OPENING REMARKS FROM THE CHAIR ANA MAYOR 34 .35 Bill Strom said that Mayor Kevin Foy is traveling and is unable to attend tonight. 36 Chair Jacobs said that Commissioner Halkiotis is out of town. .37 38 B. PUBLIC CHARGE 39 The Chair dispensed with the reading of the public charge. 40 41 C. PUBLIC HEARING ITEM 42 43 44 1. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment 45 Request by Habitat for Humanity of Orange County to rezone 10,431 square feet of 46 property on the east of Rogers Road and south of Zieger Lane from Residential-1 (R-1) to 47 Residential-Special Standards-Conditional (R-SS-C) to accommodate a planned triplex. 48 J.B, Culpepper, Planning Director for the Town of Chapel Hill, said that this is a JPA 49 public hearing to consider rezoning, and the request is to change the zoning from Residential 1 50 to Residential-Special Standards-Conditional. The proposal involves a Y< acre of land that is 51 just under 11,000 sq ft. The zoning will allow Habitat for Humanity of Orange County to expand 52 the Rusch Hollow development, The project is located on the east side of Rogers Road. She 5.3 pointed out the aerial map on page 11 of the abstract, DRAFT MINUTES ONLY - NOT YET APPROVED BY BOCC 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 2.3 24 25 26 27 28 29 .30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Planning Director Craig Benedict said that this property is just west of the Greene Tract within the transition area of Chapel Hill, Commissioner Carey asked about the size of the new lot that is created and it was answered 15,500 square feet. Susan Levy from Habitat for Humanity showed a map of the existing development.. She said that the County approved the initial rezoning in 2003 of 12single-family homes that are now completed, There were two lots reserved for rentals, They received bond funds for these and they were made into a duplex and a triplex. She said that when they swapped lots in the process, it turned out to be too small, even for asingle-family home. In the meantime they were able to acquire this property when it was auctioned by the County. She said that all this is doing is giving them more room to build the triplex. She showed some powerpoint pictures of Rusch Hollow, She said that a number of religious organizations, businesses, academic organizations, and community organizations were involved in creating Rusch Hallow, When all of the houses are built the investments will total $1.7 million. Local government has contributed about $500,000 of that. This request is located in the Chapel Hill Joint Planning Transition Area and requires the approval of the Chapel Hill Tawn Ccuncil and Orange County Commissicners. No Public Comment Craig Benedict said that Planning staff has reviewed this and recommends that it be referred back to the Chapel Hill Town Council and the Orange County Planning Board. He said that they will try to expedite this as quickly as possible, Bill Strom asked Susan Levy about the timeline and she said that it is not critical to finish this before the summer break. A motion was made by Cam Hill, seconded by .lim Ward to approve referring this item back to the Chapel Hill staff.. VOTE: UNANIMOUS A motion was made by Commissioner Carey, seconded by Commissioner Gordon to refer this item to the Orange County Planning Board who will then bring back a recommendation to Board of County Commissioners. VOTE: UNANIMOUS D. ADJOURNMENT A motion was made by Commissioner Carey, seconded by Cam Hill to adjourn the meeting at 7:50 p,m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna S. Baker, CMC Clerk to the Board