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HomeMy WebLinkAboutAgenda - 04-11-2001-jpaORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL AGENDA JOINT PLANNING PUBLIC HEARING APRIL 11, 2001 7:30 P.M. ORANGE COUNTY SOUTHERN HUMAN SERVICES CENTER 2505 HOMESTEAD ROAD CHAPEL HILL, NORTH CAROLINA NOTE: BACKGROUND MATERIAL AVAILABLE IN THE PLANNING DEPARTMENT OR THE CLERK'S OFFICE NOTICE TO PEOPLE WITH IlVIPAIRED HEARING: Audio amplifcation equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732-$1$1 or 9bb-4501. 7:30 A. OPENING REMARKS FROM THE CHAIR 7:35 B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 7:40 C. JOINT PUBLIC HEARING (JPA-1-01 and JPA-CH-Z-1-01 are submitted for consideration. The first item, proposing amendment to the Joint Planning Area Land Use Plan, was submitted by the Chapel Hill Town Council and is to be reviewed jointly by the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council. The second item, a rezoning request, was submitted by a property owner requesting rezoning of land in the Chapel Hill Transition Area, and is to be reviewed jointly by the Orange County Board of Commissioners and the Chapel Hill ,Town Council. 1. ,TPA-1-Ol requests that the Joint Planning Area Land Use Plan be amended to reflect designations for the Chapel Hill Transition Area recently adopted by the Chapel Hill Town Council as part of Chapel Hill's Comprehensive Plan. Amendments to the JPA Land Use Plan require the approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. 2. JPA-CH-2r1-Olrequests changing the zoning of a site on Homestead Road from Residential-2 (R-2) to Residential-4-Conditional (R~-C). Rezoning requests in the Chapel Hill Transition Area require the approval of the Orange County Commissioners and the Chapel Hill Town Council. 10:00 D. ADJOURNMENT h:\jpa\412phagn.doc\4-6-00\gb 1 ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN ACTION AGENDA ITEM ABSTRACT Meeting Date: Apri111, 2001 Action Agent Item # SUBJECT: PROPOSAL TO AMEND THE JOINT PLANNIl~TG AREA LAND USE PLAN TO INCORPORATE THE REVISIONS TO THE CHAPEL HILL COMPREHENSIVE PLAN AND LAND USE PLAN (JPA-1-01) DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S): INFORMATION CONTACT: - Staff Analysis Chris Berndt 968-272$ - Map -Joint Planning Transition Area Chapel Hill Northwest Area TELEPHONE NUMBERS: Existing and Proposed Land Use Hillsborough 732-8181 Designations Durham 688-7331 - Capy of Joint Planning Area Mebane 227-2031 Operating Principles Chapel Hill 967-9251 PURPOSE: To receive public comment an proposed amendments to the Joint Planning Area (JPA) Land Use Plan, pursuant to the Joint Planning Agreement. The area in question is part of the Chapel Hill Joint Planning Transition Area, northwest of existing Town Limits. Chapel Hill adopted a new Comprehensive Plan and new Land Use Plan in May, 2000. This heazing focuses on the portions of that new Land Use Plan that aze outside Town Limits. BACKGROUND: In July 1998, the Chapel Hill Town Council initiated a revision of the Town's 1989 Comprehensive Plan and 1986 Land Use Plan. A Work Group was appointed in the fall of 1998 with a charge to develop a draft plan to present to the Town Council in September 1999. The 31-member Work Group conducted its work through a combination of public symposia, public meetings, direction to staff and consultant, review, discussion, and editing of materials prepazed by staff and consultant, and a final vote to send the draft plan on to the Town Council for consideration. The Council received the report at the end of September 1999. The Council held two Public Heazings and conducted three work sessions at which it discussed the draft materials and heazd public comment. At the end of the 2 Council's February 7, 2000 work session the Council directed the staff and consultant to make adjustments to the draft plan in response to the public comments and Council statements. The Council asked that this revised plan come to the Council at its March 27, 2000 meeting for possible adoption. On March 27 the Council decided to hold three additional public information meetings at locations around Chapel Hill on the draft Plan in response to a citizen petition. The Town Council subsequently adopted the Comprehensive Plan, including a new Land Use Plan, on May 8, 2000. Attached maps illustrate the changes to land use designations in the Chapel Hill Joint Planning Transition Area (Northwest Area) that have been adopted by the Chapel Hill Town Council, and which the Town Council requests be incorporated into the Joint Planning Area Land Use Plan. Changes include: 1. Changing the designation of the Greene Tract from "Landfill Pending Further Study" to "Housing/Open Space." 2. Changing the designation of land south of Eubanks Road fram "Open Space" to "Low Residential." 3. Changing the designation of land north of Eubanks Road, between the existing landfill and Hillhouse Raad, fram "Mixed Use, Office Emphasis" to "Open Space. " 4. Changing the designation of parcels between Hillhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential. " 5. Changing the designation of the parcel northwest of the Greene Tract and southeast of the existing landfill (parcel known as the "Neville Tract") from "Open Space" to "Landfill Activities." The intent of these changes is to remove the Landfill designation fram the Greene Tract; to adjust the surrounding land use from "Open Space" to "Low Residential" thereby reflecting existing land uses; to reduce the intensity of development adjoining the Landfill north of Eubanks Road; and to adjust the mixed use area to follow natural features of the creek. These amendments require the approval of the Orange County Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen. RECOMMENDATYON: The Planning staffs of Chapel Hill, Carrboro, and Orange County recommend approval of the proposed amendment to the Joint Planning Area Land Use Plan and Map, with the exception of differing recommendations on designations for the Greene Tract. We fmd the recommendations of the. proposed amendments to be consistent with the Joint Planning Operating Principles. For the, Greene Tract, alternative recommendations are: (1) No change at this time; (2) Change designation to Housing/Open Space; and (3) Change designation to Public Use. 2 3 MEMORANDUM TO: Orange County Board of Commissioners Chapel Hill Town Council Carrboro Board of Aldermen Orange County Planning Board John Link, Orange County Manager W. Calvin Horton, Chapel Hill Town Manager Robert Morgan, Carrboro Tawn Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff Carrboro Plaaning Staff DATE: April 11, 20Q1 SUBJECT: JPA-1-Ol Proposed Amendment to the Joint Planning Area Land Use Plan and Map The purpose of this Joint Planning Area Public Hearing is to receive public comment on proposed amendments to the Joint Planning Area (JPA) Land Use Plan, pursuant to the Joint Planning Agreement. The azea in question is the Chapel Hill Joint Planning Transition Area, northwest of existing Town Limits. Chapel Hill adopted a new Comprehensive Plan and new Land Use Plan in May, 2000. This hearing focuses on the portions of that new Land Use Plan that aze outside Town Limits. Background In July 1998, the Chapel Hill Town Council initiated a revision of the Town's 1989 Comprehensive Plan and 1986 Land Use Plan. A Work Group was appointed in the fall of 1998 with a charge to develop a draft plan to present to the Town Council in September 1999. The preliminary target was to have a new Comprehensive Plan adopted by the end of November 1999. The 31-member Wark Group conducted its work through a combination of public symposia, public meetings, direction to staff and consultant, review, discussion, and editing of materials prepared by staff and consultant, and a final vote to send the draft plan on to the Town Council for consideration. The Council received the report at the end of September 1999. The Council held two Public Hearings and conducted three work sessions at which it discussed the draft materials and heard public comment. The Council also discussed a revised timeline for consideration of the draft plans at its January 14, 2000 Planning Session. At that time, the Council set target goals of adopting the Downtown Small Area Plan by April 1, 2000, and adopting the full Comprehensive Plan (which includes a new Land Use Plan) by May 1, 2000. 4 At the end of the Council's February 7, 2000 work session the Council directed the staff and consultant to make adjustments to the draft plan in response to the public comments and Council statements. The Council asked that this revised plan come to the Council at its Mazch 27, 2000 meeting for possible adoption. On Mazch 27 the Council decided to hold three additional public information meetings at locations azound Chapel Hill on the draft Plan in response to a citizen petition. The Town Council subsequently adopted the Comprehensive Plan, including a new Land Use Plan, on May $; 2000. The Plan is organized around twelve major themes, each growing out of the community values that have been identified and which,' taken together, form a strategy for Chapel Hill's future. These themes are: • Maintain the Urban Services Area /Rural Buffer Concept • Participate in the regional planning process • Conserve and protect existing neighborhoods • Conserve and protect the natural setting of Chapel Hill • Identify azeas where there aze creative development opportunities • Encourage desirable forms ofnon-residential development • Create and preserve affordable housing opportunities • Cooperatively work with the University of North Cazalina • Work towazd a balanced transportation system • Complete the bikeway/greenway/sidewalk systems • Provide quality community facilities and services • Develop strategies to address fiscal issues Last fall, the Chapel Hill Town Council formally requested that this Joint Public Hearing be convened, and that the Joint Planning Area Land Use Plan be amended to reflect Chapel Hill's new Land Use Plan for Chapel Hill's Transition Areas. Summa of Joint Land Use Plan -Joint Plannin Transition Area The Chapel Hill Joint Planning Transition Area (Northwest Area) is generally the land outside the Town limits and south of Interstate 40, including a portion of the land north of Weaver Dairy Road, the land west of Airport Road (N.C. 86), and the land north of the University of North Carolina's Horace Williams Tract and Homestead Road. The western boundary of the azea generally follows Rogers Road. A rail line bisects the northwest area, and a large parcel of property in the center of the azea (known as the Greene Tract) is jointly awned by the Town of Chapel Hill, the Town of Carrboro, and Orange County. According to the land use classification system outlined in the Joint Planning Land Use Plan, transition azeas "are in the process of changing from rural to urban uses or are already urban in use; aze developed at or suitable for urban-type densities; and are now provided or aze projected to be provided with urban services. Transition Areas aze denoted as a subclass or overlay-type of land use classification, providing a link with the basic land use categories of the Orange County Land Use Plan but permitting the development of a more detailed series of underlying land use plan categories" (pages 5$-59). 2 Pro osed Amendment to the Joint Plannin Area Land Use Plan and Ma Attached maps illustrate the changes to land use designations in the Chapel Hill Joint Planning Transition Area (Northwest Area) that have been adopted by the Chapel Hill Town Council, and which the Town Council requests be incorporated into the Joint Planning Area Land Use Plan. Changes include: 1. Changing the designation of the Greene Tract from "Landfill Pending Further Study" to "Housing/Open Space." 2. Changing the designation of land south of Eubanks Raad from "Open Space" to "Low Residential." 3. Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space." 4. Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential." S. Changing the designation of the pazcel northwest of the Greene Tract and southeast of the existing landfill (parcel known as the "Neville Tract") from "Open Space" to "Landfill Activities." The intent of these changes is to remove the Landfill designation from the Greene Tract; to adjust the surrounding land use from "Open Space" to "Low Residential" thereby reflecting existing land uses; to reduce the intensity of development adjoining the Landfill north of Eubanks Road; and to adjust the mixed use area to fallow natural features of the creek. These amendments require the approval of the Orange County Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen. 19$6 Land Use Desi nations A Joint Planning Area Land Use Plan was adopted in 1986. Also in that year, Chapel Hill adopted a new Land Use Plan. We note that there aze some minor differences between the land use designations in some of the azeas on the two maps. Specifically, the following five differences are noted: 1) the land north of Eubanks Road, between the existing landfill and Millhouse Road, is designated "Mixed Use, Office/Commercial Emphasis" on the Chapel Hill Land Use Plan, but "Public/Private Open Space" and "Landfill" an the Joint Planning Area Land Use Plan; 2) the parcels generally between Millhause Road and Interstate 40 are designated "Mixed Use, Office/Commercial Emphasis" and "Medium Residential" an the Chapel Hill plan, but "Office/Institutional" on the Joint Planning Area plan; 3) the parcel at the northeast comer of the intersection of Millhouse Road and Eubanks Road is designated "Mixed Use, Office/Commercial Emphasis" on the Chapel Hill plan, but "Light Industrial" an the Joint Planning Area plan; 4) the land generally between Homestead Road and Eubanks Road, and between the railroad tracks and the Chapel Hill City Limits, is designated "Medium Residential" on the Chapel Hi11 plan, but "Suburban Residential" on the Joint Planning Area plan; and 5) the pazcel in the northeast corner of the Northwood subdivision is designated "Institutional" on the Chapel Hill plan, but "Suburban Residential" on the Joint Planning Area plan. 3 6 There aze differing opinions as to which of the two land use maps is the most appropriate source of land use designations for joint planning in the Chapel Hill Joint Planning Transition Area, and whether or not the 1986 Chapel Hi11 Land Use Plan was. incorporated by reference into the 1986 Joint Planning Area Land Use Plan. We note, however, that the differences between the two 1986 plans aze minor. ,The changes proposed in this memorandum would cleaz up these discrepancies and allow all jurisdictions to work from the same land use map. Analysis Article 2.2.1d of the Orange County Zoning Ordinance states the reasons for which the Orange County Comprehensive Plan maybe amended. Since the Joint Planning Area Land Use Plan is a part of the Orange County Comprehensive Plan, it is necessary to review those reasons stated in the Orange County Zoning Ordinance for applicability to this request. In particular, the reasons that may be cited from the Orange County Zoning Ordinance far changing the Orange County Comprehensive Plan aze as follows: A) "Because of changed or changing conditions in a particular azea of the County." B) "To correct an error or omission in the Comprehensive Plan." C) "In response to a change in policies, objectives, principles ar standazds governing the physical development of the County." The proposed amendment is a change of the land use designations from those included in the 1986 Land Use Plan for portions of the Chapel Hill Joint Plaruung Transition Area: The updated Chapel Hill Comprehensive Plan represents a change in policies, objectives, principles and standazds governing the physical development of that portion of the County. Accordingly, we believe that this proposed amendment can be justified based on reason (C). Cam atibili of Amendment with Existin Joint Plannin Area Polic Proposed amendments to the Joint Planning Area Land Use Plan are evaluated for compatibility with Joint Planning Operating Principles. These policy statements are listed on pages 49-53 of • the Plan. The principles aze grouped into seven categories. The categories and compliance status of the proposed amendments are summarized in the following table: Princi le Cam liance en S ace Yes Universi Lake Watershed Nat a licable Higher Intensity Uses/Transition Area Yes Rural Areas Nat a licable Urban Form Yes Utility Extensions Yes Allocation of Growth Yes 4 7 These seven categories and their compliance with the proposed amendments aze further discussed below. Omen Snace Principle: The existing. apen space system in Chapel Hill Township, which includes Duke Forest Lands, the UNC Buffer azound University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest lands, should be protected from intrusion by incompatible land uses. Staff Comment: Although the Chapel Hi11 Joint Planning Transition Area (Northwest Area) is adjacent or in close proximity to Duke Forest Lands along Eubanks Road and north of Interstate 40, the proposed amendments to the Joint Planning Area Land Use Plan do not propose for any land uses to intrude into these areas. The proposed amendments to the land use designations remove and relocate open space areas within the Northwest Area, but do not impact open space elsewhere in the Township. The intent of the changes is to rejlect existing low_density residential uses east of the Greene tract and to provide aloes-intensity buffer adjoining the landfill site north of Eubanks Road. University Lake Watershed Principle: University Lake water supply watershed should be developed in a manner which will protect the quality of the water supply. Very low density residential, low intensity commercial and agricultural land uses are appropriate in this azea. The University Lake Watershed Area should be protected far reasons of water quality; developments should occur only at low densities, and water and sewer lines should not be extended into this watershed. Staff Comment: Tlie Chapel Hill Joint Planning Transition Area (Northwest Area) does not include land in the University Lake watershed. Therefore, this principle is not applicable to the proposed amendments. Higher Intensity Uses/Transition Areas Principle: The more intensive land uses aze most appropriately located within the towns and then within the areas adjacent to the Towns likely to become urban. A transition azea should be designated, between existing developed azeas and the rural buffer, as a tazget area for new development to occur. Staff Comment: The proposed amendments fall within an area designated as a "transition area " in the Joint Planning Area Land Use Plan_ Rural Areas Principle: The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. Rural lands currently existing between the Chapel HilUCarrboro urban azea and Hillsborough (rural buffer) should be preserved. 8 Staff Comment: The proposed amendments to the land use designations in the Chapel Hill Joint Planning Transition Area. (Northwest Area) do not impact areas "outside of the Towns and the adjacent transition areas, "nor do the amendments impact rural lands between the Chapel Hill/Carrboro urban area and Hillsborough (rural -buffer). Within the northern portion of the transition area, the proposed amendments generally change the land uses to less intensive uses that transition well into the rural areas just outside of the Transition Area. For example, the proposed amendments for the area between Hillhouse Road and I-40 north of Eubanks Road beyond the creek would change the land use designation from Mixed Use (Ojj~ce/Commercial Emphasis) to a combination of Rural Residential to the north and Parks/Open. Space to the west. Urban Form Principle: A compact form of development should be achieved avoiding urban sprawl. The urbanizing areas of the Towns are the major growth centers in the Township. The "infill" of existing urban areas is the guiding principle upon which the Chapel Hill Township Plan is based. "Infill" development of suitable vacant land within the Towns at existing or projected densities, as set forth in the Towns' 1977 Land Use Plans should be encouraged. Staff Comment: The proposed amendments are for the area in the Chapel Hill Joint Planning Transition Area (Northwest Area). As previously noted, the Joint Planning Land Use Plan defines transition areas as those areas that "are in the process of changing from rural to urban uses ar are already urban in use; are developed at ar suitable for urban-type densities; and are now provided or are projected to be provided with urban services. " The area covered by the proposed amendments is also within the Town's Urban Services Area, as defned in the 1986 Land Use Plan and the 1989 Comprehensive Plan. The Urban Services Area is the Town of Chapel Hill's long range planning area that is expected to have urban development, served by public water and sewer facilities. Development within the Chapel Hill Joint Planning Transition Area would be "infill" development. Utility'Extensions Principle: The timimg of utility extensions and the- pace of growth should be coordinated. Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. Staff Comment: The proposed amendments do not include plans to extend water and sewer service outside the Joint Planning Area. Allocation of Growth Principle: Areas where public facilities and services aze available should be developed before azeas where such services are not yet available. Ta the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. ]:n other words, all "spillover" development will be absorbed within the boundaries of 6 9 Chapel Hill Township. The azea north of Town is assumed to be most suitable for absorbing "spillover" because of transportation access, the lazge, efficiently sewerable area below the Morgan Creek-New Hope Creek divide, and existing growth patterns. The "Southern Triangle" area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. Duke Forest tracts will not be developed over the period 1980-2000. Staff Comment: Since the Chapel Hill Joint Planning Transition Area (Northwest Area) is within the Urban Services Area of the Town of Chapel Hill, growth would occur in areas served or to be served by public facilities and services. The Northwest Area does not include any "spillover" growth, and does not include any land located in Chatham or Durham Counties, Bingham Township, the "Southern Triangle "area, or the Duke Forest. - Other Joint Planning Issues Land Use Designation of the Greene Tract Both the 19$6 Chapel Hill Land Use Plan and the 1986 Joint Planning Area Land Use Plan designate the Greene Tract as "Future Landfill, Pending Further Study." The parcel, however, is no longer being considered for landfill uses. In the May, 2000 update to the Chapel Hill Land Use Plan the parcel is designated as "Housing/Open Space." We note that there is a multi jurisdictional work group working to determine appropriate uses for the Greene Tract, and that this work is not yet complete. Future uses for the parcel aze srill undetermined. In the absence of specific proposals for use, the Chapel Hill Land Use Plan proposed that the site be designated far housing or open space uses. This would remove the landfill designation and allow for a variety of residential or preservation uses for the site. There aze multiple options for selecting a land use designation for the Greene Tract. Because of the ongoing discussions about the future uses of the Greene Tract, the Orange County Planning Staff recommends that no change be made to the land use designation for this site at this time. This would leave the pazcel designated as "Future Landfill, Pending Further Study." The Chapel Hill Planning Staff recommends that the Joint Planning Area Land Use Plan be changed to designate the Greene Tract as "Housing/Open Space," as has been requested by the Chapel Hill Town Council. The Carrboro Planning Staff suggests an alternative option -change the land use designation to a "Public Use" designation until a final use for the Greene Tract is agreed upon. All options aze available far consideration. Southern Trion le Area A related issue is the status of an area known as the "Southern Triangle." This is an azea along the Orange-Chatham border that is south of Chapel Hill's Extraterritorial Jurisdiction. On the 1986 Joint Planning Area Land Use Plan this area is shown as being bisected by a ridge line. To the northwest of that ridge, the azea is designated Chapel Hill Transition Area. To the southeast of the ridge, the area is designated Rural Buffer. At the time the line was drawn in 19$6, Chapel Hill's Urban Services Boundary followed this ridge line, and accordingly was identical with the line that separated Chapel Hill Transition Area from Rural Buffer. 7 10 In May 2000,. the Chapel Hill Town Council adjusted its Urban Services Boundary to the south of Town, reducing the area that is encompassed by this boundary. The southern edge of Chapel Hill's Urban Services Boundary no longer is the County line; the urban azea now stops just south of the existing Southern Village development. Chapel Hi11 has not requested any change to land use designations in this "Southern Triangle." The azea is designated as Rural Residential on Chapel Hill's new 2000 Land Use Plan (1 dwelling unit per 2-5 acres). This is consistent with the designations on the 1986 Joint Planning Area Land Use Plan which calls the area a combination of Rural Residential and Chapel Hill Transition. The "Chapel Hill Transition" designation is a procedural and jurisdictional designation, which the Chapel Hill Town Council has not requested to be changed. Zt maybe appropriate to begin discussion of jurisdictional issues near the Chatham County line at some paint. Preliminary .Recommendation The Planning staffs of Chapel Hill, Carrboro, and Orange County recommend approval of the proposed amendment to the Joint Planning Area Land Use Plan and Map, with the exception of differing recommendations on designations for the Greene Tract. We fmd the recommendations of the proposed amendments to be consistent with the Joint Planning Operating Principles. Far the Greene Tract, alternative recommendations are: (1) No change at this time; (2) Change designation to Housing/Open Space; and (3) Change designation to Public Use. Attachments• 1. Maps 2. Copy of Joint Planning Area Operating Principles 8 1 A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN AND MAP WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended Apri12, 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; and WHEREAS, the Town of Chapel Hill's Comprehensive Plan, which provides a framework for the future use of land within the Chapel Hill Joint Planning Transition Area (Northwest Area), was adopted by the Chapel Hill Town Council on May S, 2000; and WHEREAS, the Comprehensive Plan was the product of a two year planning process that involved numerous public officials, planners, and residents of the affected area and the Town; and WHEREAS, the geographic area covered by the revised Comprehensive Plan Land Use Plan includes the Chapel Hi11 Joint Planning Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan and Map; and WHEREAS, implementation of revisions to the Chapel Hill Comprehensive Plan and Land Use Plan requires an amendment to the Joint Planning Area Land Use Plan and Map; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL AND CARRBORO BOARD OF ALDERMEN HEREBY RESOLVE THAT THE JOINT PLANNING LAND USE PLAN AND MAP BE AMENDED ACCORDING TO THE MAP SHOWN IN ATTACHMENT A. NOTE: Alternative options include adding one of the following two statements to the above paragraph: - e~ccept that the land use designation for the parcel identified as the Greene Tract not be changed at this times -OR- - ,except that the dared use designation for the parcel identified as the Greene Tract be changed to "Public Use " This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. 9 12 Attachment 1 Joint Planning Transition Area Chapel Hill Northwest Area Existing and Proposed Land Use Designations . April 11, 2001 Public Hearing Existing Land Use Plan (1986) Within theTransition Area ~ Boundary • ~ O ar c Land I ro .e ~a .: ~ ; •• Eubanks II . . . . orb woo 'y, ~. .~:,r ~ ~ ' ~:~~ L mltS . ' <.,":••'~: ~$s:: s. ,. ~utur~ Landfill ~'~ v ~ ~ riding Further ~ Stud ~ ~ •' ~ o ~ •.}:} :. •~A .,. ~ ..~ ` ~~ ~ Homestead Rd .::.F:~ ~., ' {~; 500 0 5001000 F80t Proposed Land Use Plan (May, 2000) Within the Transition Area ~ ~ ~; Boundary Z m w c ~~ ~~'a 1 Greene Tract Housing/ Open Space \~O v x I~ SODS 0 Feel Legend Land Use Categories Rural Residential, / unit /2 to 5 ac. Low Residential,1~t units lac. Medium Residential, 4~ units lac. ® Mixed Use, Office/Com. Emphasis ®Mixed Use, Office Emphasis ~ Institutional Open Space ® landfill Activities Special Areas ® Floodplain with RCD © Potential School Site Potential Public Works Faality Site Boundaries N Urban 5enrioe Boundary Chapel Hill City Umits N GIS Maps Prepared by Chapel Hill Planning Attachment 2 v. JOINT PLANNING OPERATING PRINCIPLES This sectian is the springboard far preparation of the Land Use Pia What has been described in Sections 1-IV represents critical backgrou information. This section suggests the setting in which, the plan wi be drawn (Growth Trends) and guidelines for drawing the plan (List. Principles/Location Standards/Strategies). The Chapel Hill/Carrboro area does not exist or grow as an isolat urban area. It is increasingly becoming. viewed as a component of t Research Triangle Area, an area that stretches from Carrboro on the we to Garner on the east. The Triangle area includes parts of Orang~ Durham, Wake, and Chatham Counties, and contains eight municipalitie The economies, .housing markets, commuting patterns, and 1lfestyles all of these areas are linked -- what happens in Raleigh affects Chap Hill: What has been happening is growth -- at unprecedented levels. TI increased development activity In southeast Orange County has bey mirrored in Durham and Wake Counties as well. In terms of absolu• numbers, Wake County development has dwarfed everything else going on. Population growth in the Triangle area has been fueled by in-migratioi Migration accou-rrts for approximately two-thirds of our recent populatl~ increases (one-~Fitrd from natural increase). The reasons for this lari migration.are er~r-omic opportunity and overall high quality of life. The key to understanding Triangle area growth is Job creation. TI reason pe6ple are moving here is that employment opportunities ai exploding Even Tn the low points of recent recessions, Triangle are unemployment never rose above 3~. often recording .the lows: unemployment rate in the nation. At the focal point of new Job creatic is Research Triangle park. In the Chapel Hill/Carrboro area, development accelerated beginnir 49 14 around the end of 19$2. Altogether during the early 19$O~s, approximately 6000 dwelling units were .approved for construction in Chapel H111. These were generally located as follows: - 1000 in the central part of Town - 1000 east of 15-501 - 1000 south of NC 54 bypass - 3000 north Clearly, the direction of growth is Weaver Dairy Road that were once developed at urban intensities. currently to the north. Areas along considered "country", are now fully There are a number of developments underway or on the horizon that will have a maJor impact on growth trends. Job growth in the Park has been spectacular, and it should continue. Many recent announcements of plant openings or expansions include phased expansion plans, adding thousands of new Jobs over the next several years., ~~ferstat~_ao; I-40 is expected to be complete from Research Triangle Park to the Orange/Durham County line tat 15-501) by June, 19$7. The segment of I-40 between 15-501 and NC $6 should be complete by the end of 1987., and the last segment tup to I-85) ready shortly thereafter. The combination of 1-40 at our doorstep and Job growth in RTP is a powerful one. We can expect intense pressure for development 1n the I- 40 corridor, particularly at ,interchanges. : The existing undeveloped and underdeveloped areas between Chapel Will and the City of Durham are not likely to remain in their present, state. Durham is growing in all directions and Chapel `Hill is growing to the east, north, and south. The two, municipalities will eventually share a common border. ~#~rh~r~_~rowth: Development activity in Carrboro is also accelerating, with encouragement. Carrboro cannot grow much further west, because of University lake Watershed. Its growth will~be north and sauth. - Subdivisions containing single-family houses and dupl-ex~s have been developed in northern Chatham County, and a maJor retir~ht community has been planned on the Orange/Chatham line. We can expect to see increased development activity in northern Chatham, especially residential development with a Chapel Hill/Carrboro orientation. At present, growth to the north of Chapel Hill and Carrboro faces an eventual barrier-3500 acres of Duke Forest tend. These maJor tracts represent both an opportunity and a threat. For supporters of the concept of a "rural buffer" around Chapel. ~. Htll/Carrboro, Duke Forest presents an opportunity to be the. core of :::;;~ such a buffer, a physical Iim1t to growth; the threat is that the ;_. property will not remain in its present ownership. For those favoring;~~w ;,A;,; s 50 `' ~" 1 5 development, the prospect of developing Duke Forest lands is an attractive .one. ,lorden_Lake; The construction of Jordan and Falls Lake s have added maJor amenities to the recreation-poor Tri angle Area. As such, these lakes have enhanced the attractiveness of the Triangle area and will serve as "developmen# magnets," attracting growth. For Chapel Hill, Jordan Lake presents both an southeast side of Town amenity, and a barrier to growth on the . ~relnagy~.,j~~~ins; Last is the subJect of basins and limitations on extension of water and sewer service. This issue is discussed in' more detail in Section III. In summary, natural topography hinders extension of sewer service -to the west into the University Lake watershed. The most likely areas for extension are south, northwest, and east. i The following Operating Principles are a compilation of guidelines taken from the Chapel Hill Township section of the adopted Orange County Land Use Plan (OC) and from the discussion paper on Land Use Plan Assumptions prepared by the Chapel H111 Planning Board (CH). The purpose of this compilation Ts to provide a starting point for a statement of the principles which will be used to formulate the Joint Planning Land Use Plana Of course, each Jurisdiction has an extensive set of Goals and ObJectives, but this compilation utilizes two available smaller lists which seem to identify most of the important policy issues. The compilation was done by classifying the .guidelines which appeared in the two documents cited. The Orange County guidelines deal with Chapel Hill Township rather than the Joint Planning Area, but in fact the two areas are very similar (see Orange County Land Use Plan Map) and the guidelines are therefore instructive. This brief compilation shows a great deal of similarity in the thinking of the two Jurisdictions, as does a comparison of their stated Goals and ObJectives. The Goals and ObJectlves statements for Chapel Hili and Orange County should be consulted for other information concerning these and other policy issues. - The statements what follow are grouped into 7 categories: - Open Spice - University Lake Watershed - Higher Intensity Uses/Transition Areas - Rural Areas ` Urban Form . Utility Extensions - Allocation of Growth - 51 15 The existing open space system in Chapel Hill Township, which .includes Duke Forest Lands, the UNC buffer around University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest land, should be protected from in#rusion by incompatible land uses. (OC) University Lake water supply watershed should be developed in s., manner which will protect the quality of the water supply. Very low density residential, low intensity commercial and. agricultural land uses are appropriate in this area. (OC) The University Lake Watershed Area should be protected .for reasons of water quality; development should occur only at low densities, and water and sewer lines should not be extended into this watershed. (CH) ~i The Town of Carrboro supports low-density development in the watershed but proposes that it be accomplished through cluster develop- ment~served by central water and sewer. - The more intensive land uses are most appropriately located within the Towns and then within the areas adJacent to the Towns likely to become urban. (OC) A transition area should be designated, between existing developed areas and the rural buffer, as a target area for new development to occur. (CH) The rural residentlai and agricultural character of the Township outside the Towns and adJacent transition areas should be.maintained. (OC) Rural lands currently existing between the Chapel Hill/Carrboro urban area and Hillsborough (rural buffer) should be preserved. (CH) A compact form ~F;~deve~lopment should be achieved avoiding urban sprawl. (CH) The .urbanizing areas of the Towns are the maJor growth centers in the Township. The "infill" of existing urban areas is the guiding principle upon which the Chapel Hill Township Plan is based.- "infill" development of suitable vacant land within the Towns at existing or protected densities, as set forth in the Towns 1977 Land Use Plans should be encouraged. (The Chapel Hill Township Land Use Plan will be based on the assumption that development at a level of 75~ infill will occur during the period 1980-2000. The infill goal, however, will remain at 100 infill and all relevant policies will be directed toward achieving s maximum Tnflll). (OC) 52 1' It is important to distinguish between the policy of Tnfill development and the density at which that -development takes place. A policy of Tnfill development means that development should take place first within the urban area where public services are available, rather than "leapfrogging" into rural areas, thereby consuming farmland and open space and making the extension of public services expensive or tmposstble. Nlhat is "filled in" depends on the land use plan and zoning ordinance, and it could include residential, commerclat, industrial, or recreational uses. The density of development also depends on the land use plan and zoning and each Jurisdiction determines the densities allowed in its planning area. Utillty_~xtensions y The timing of utility extensions and the pace of growth should be coordinated. (CH) Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (CH) A 11D~~t1 oa.,,szf.~ ~raxt hh Areas where public facilities and services are available should be developed before areas where such services are not yet available. (CH) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. In other words, all "spillover" development will be absorbed within the boundaries of Chapel Hill Township. ("Spillover" development refers to that growth which overflows into the land adJacent to the Towns current planning Jurisdiction boundaries after 75~ of the suitable vacant land within-the Towns Jurisdiction has been absorbed at densities set out in the Towns Land Use Plans). (OC) The area north of the Town is assumed to be most suitable for absorbing "spillover" because of transportation access, the large efficiently sewerable area belox the Morgan Creek-New Hope Creek divide, and existing growth patterns. (DC) The "Southern Triangle" area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. (OC) -- - Duke Forest traits will not b~e developed over the-.period 1980-2000. (OC) ~ ' 53 18 SID USE CLASSIFICATION SYSTEM One of the fundamental methods used to achieve the stated goals and policies of a land use plan is the design.. and application of a land classification system. Each category of the classification system is designed to~ accommodate certain uses throughout the plan area to achieve a desired pattern of development. Land in the Joint Planning Area (JPA) was classS.fied initially into categories according to the public policies expressed in the "Operating Principles°, the set of location standards defining the appropriateness of the physical-environmental setting and the projected population change, and resulting land requirements in the County. During the evolution of the Joint Planning Area Land Use Plan, however, changes in the classification system resulted in response to citizen concerns and jurisdictional policy decisions. . Orange County Land Use Plan C assifieation S sv~tem_ The Orange County Land Use Plan served as the starting point for a land use classification system for the Joint Planning Area. The Plan, adopted in 1981, contains five basic land use categories which were refined into a more detailed classification system to meet the needs of the County. The basic categories and land use plan categories contained in the Orange County Land Use Plan are .shown on the accompanying page. A map illustrating the application of the categories in the Joint Planning Area at the time of Plan adoption in. 1981 is also provided. J t P n ea Land Vse C1 fica oa stem Three of the basic categories - Transition, Rural, and Conservation - have been retained in the Joint Planning Area Land Use flan. The categories and refinements to them during the joint--~pl~nning process are discussed below. - • T~randition. Transition areas are located adjacent to the urban areas of Chapel Hill and Carrboro. They are in the process of changing from rural to urban uses or are already urban in use; are developed at or suitable for urban--type densities; and are now provided or are projected to be . ~~; •:! 'i~ ,~ ~~ ^ 19 ORANGE COUNTY LAND USS PLAN CATEGORIES v B~ Category Land Use Plan Categos~c DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION Ten-Year Transition Twenty-Year Transition ,. Commercial Transition Activity Node Commercial-Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL Rural Huffer Rural Residential Agricultural-Residential Rural Neighborhood Activity Node Rural Yndustrial Activity Node CONSERVATION Public Interest District Water Supply watershed water Quality Critical Area JOINT PLANNING AREA LAND USE PLAN CATEGORIES Major Land Use Plan Class Subclass Categos~c Resource Protection Public-Private Open Space Suburban Residential . Transition Urban Residential TRANSITION Transition I Office-Institutional Transition II Future UNC Development Retail Trade Light Industrial _ - Disposal Use _ Water Quality. Critical Area Resource Protection RURAL Public-Private Open Rural Buffer Space CONSERVATION Agricultural Rural Residential Retail Trade Extractive Use 57 N M provided with urban services. Transition Areas are denoted as a subclass or overlay-type of land use classification, providing a link with ,the basic land use categories of the Orange County Land Use Plan but permitting the development of . a more detailed series of underlying land use plan categories. The portion of the Transition Area located .north of Carrboro has been further divided into Transition Area I and Transition Area iI designations ,on the Joint Planning Area N Land Use Plan. Transition Area I may be developed ~;at densities and for uses identified in the underlying land u.se plan categories described below. Within Transition Area IrI, however, no tract may be approved for development at_~a density that exceeds one (1) housing unit per gross acre until at least seventy-five percent (75$) o£ the gross land area of Transition Area I consists of any combination of the following: 1. Lots containing one (1) acre or less; 2. Residential developments approved for development at a density of at least one (1) unit per acre;' r 3. Streets, roads, and utility easements located outside of lots containing one (1) acre or less; 4. Lots or tracts that are used for commercial, industrial, institutional, or governmental purposes; and 5.- Tracts that are owned by the University of North Carolina~or other non-profit entities and that are ~ not available for development. The underlying or more detailed land use plan categories include: Resource Protection; Public-Private Open Space; Suburban Residential; Urban Residential, Office- Institutional; Future UNC Development;. Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Reso~r~e Protection Areas designated within. Transition Areas of~.~te Joint Planning Area Land Use Plan include 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 Maps) which provides the framework within which other land uses are situated. I Pub c- ivate Omen Space Ar„ eas in the Transition Areas include UNC lands (excluding Horace Williams Airport and adjacent tracts) and a tract connecting the two landfill sites. These sites provide open space in the midst of areas 20 59 21 planned for urban expansion. Suburban Residential Areas are designated for housing densities ranging from one (1) to five (5) dwelling units per acre. Such areas in located where land is changing from rural to urban, suitable for urban densities, and to be provided with public utilities and services. Housing types range from single-family homes to duplexes to multi-family dwellings. U an Res ential yeas are similar to Suburban Residential Areas in terms of both housing types and public service availability. However, densities are higher, ranging from six (6) to thirteen (13) dwelling units per acre. ~_ :_~~ O ce- nstitutional Areas is a category consisting of establishments which offer an array of financial, insurance, real estate, legal, medical, and business services. Such areas generally have public utilities and services available and are located adjacent to heavily traveled streets. Fu ure TIC Development is a category established 'for lands owned by the University of North Carolina, including Horace Williams Airport and adjacent parcels. Such lands are contemplated for expansion of the UNC campus, provided the Airport is relocated. Retai Tra a Areas are limited in Transition Areas, including existing establishments at Starpoint and Calvander. Modest room for expansion is available in both areas. Light ind rial ens are singular, consisting of the Chapel Hill Industrial Park on Eubanks Road. No additional industrial growth was projected in Transition Areas. Dis osa Use ens consist of landfill sits, either existing or future. The existing landfill on Eubanks Road and the proposed site between Eubanks Road and Homestead Road are included in this category. Rural Huffer and Conservation. 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 - classific~t~an - 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, contain low-density residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories: Rural Residential;. Agricultural; Public-Private Open Space; Resource :r 60 - z2 i Conservation; Extractive Use; and the overlay district designated Water Quality Critical Area. ura Resides ial Areas are low-density areas consisting of single--family homes situated on large lots two acres in size or greater. In that respect, Rural Residential Areas are ' identical to the definition of the Rural Buffer. Aarricultural real include land areas currently in use for farming and forestry operations and which qualify for, or are listed for, use value taxation purposes. -~; Pub c-Private oven Sna_ce 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, 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. ' Rest Conservation rea in the Rural Huffer are identical to those in 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 Maps) which provides the framework within which other land uses are situated. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rural Suffer, the American Stone Company quarry on N.C. Highway 54 west of ' Carrboro. Retai rade Areas in the -Rural Suffer include low ' intensity neighborhood centers which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Huffer - Blackwood Station on N.C. ' Highway $6. ~1at~ ua it ca Area include all lands which drain directly to a reservoir and to trunk streams feeding a '. reservoir ~ Only low-density residential uses are permitted at densities= ndt to exceed one dwelling per twp acres of land. Only one ~h area exists in the Rural Buffer, the critical ' area adjacent to University Lake. i fi0-a x i ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL ACTION AGENDA ITEM ABSTRACT Meeting Date: April 11, 2001 1 Action Agend Item # SUBJECT: PROPOSAL TO AMEND THE JOINT PLANNII~TG AREA ZONING ATLAS FOR THE HOMESTEAD SITE ON HOMESTEAD ROAD (JPA-CH-Z-1-O1) DEPARTMENT: Planning PUBLIC HEARING: X Yes Na ATTACHMENT(S): INFORMATION CONTACT: - Staff Analysis Rob Wilson 968-272$ - Map -The Homestead Area Map - Zoning Atlas Amendment -Statement of Justification TELEPHONE NUMBERS: - Letter from Applicant -Conditions of Rezoning Hillsborough 732-$181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To receive public comment on a proposal to amend the mint Planning Area (JPA) Zoning Atlas to change the zoning of a site on Homestead Raod from Residential-2 (R-2) to Residential-4-Conditional (R-4-C). BACKGROUND: The Tawas of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone a 48.11-acre site that is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Park and south of the recently approved Pazkside II Subdivision. The property is currently located within the Residential-2 (R-2) zaning district, and is identified as Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lat 12 (PIN# 9880-01-0417 and P1N # 9870-92-6174). The property owner has requested that the site be rezoned from Residential-2 (R-2) to Residential-4- Conditional (R-4-C). The owner has also submitted a letter outlining voluntary limitations regazding the future use of the site, if the Residential-4-Conditional (R-4-C) zoning is approved for this site. RECOMMENDATION: 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 then to the Orange County Planning Board for a recommendation to the County Commissioners. MEMORANDUM To: Orange County Board of Commissioners Chapel Hill Town Council Orange County Planning Board John Link, Orange County Manager W. Calvin Horton, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hlll Planning Staff DATE: April 11, 200]. SUBJECT: JPA-CH-Z-1-Ol THE HOMESTEAD ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas The purpose of this Joint Planning Area Public Hearing is to receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning far a site along Homestead Road from Residential-2 to Residential-4-Conditional (R-4-C). The site is located in the Chapel Hill Joint Planning Transition Area, adjacent to the existing Chapel Hill Corporate Limits. Background The Town of Chapel Hill has received an application for a Zoning Atlas Amendment to rezone a 4$.11-acre site that is located north of Homestead Road, east of the University Branch Southern Railroad, west of Homestead Pazk and south of the recently approved Pazkside II Subdivision. The property is currently located within the Residential-2 (R-2) zoning district, and is identified as Chapel Hill Township Tax Map 24, Lot 16 and a portion of Lot 12 (PIN# 9880-01-0417 and P1N # 9870-92-4174). The property owner has requested that the site be rezoned from Residential-2 (R-2) to Residential-4-Conditional (R~4-C). The owner has also submitted a letter outlining voluntary limitations regarding the future use of the site, if the Residential-4- Conditional (R-4-C) zoning is approved for this site. Summa of the Cha el Hill and Joint Plannin Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 19$6. Also in that year, Chapel Hill adopted a new Land Use Plan. We pate that there are some minor differences between the land use designations in some of the areas on the two maps. For this parcel proposed for rezoning, the land generally between Homestead Road and Eubanks Road, and between the railroad tracks and the Chapel Hill City Limits, the property is designated "Medium Residential" on the Chapel Hill plan, but "Suburban Residential" on the Joint Plawung Area 3 plan. The difference is that Chapel Hill's designation calls for 4-8 units per acre, and the 1986 Joint Planning Area Land Use Plan designation specifies 1-5 units per acre. There are differing opinions as to which of the two land use maps is the mast appropriate source of land use designations far joint planning in the Chapel Hill Joint Planning Transition Area, and whether or not the 1986 Chapel Hill Land Use PIan was incorporated by reference into the 1986 Joint Planning Area Land Use Plan. We note, however, that the differences between the two 1986 plans are minor. In the case of the parcel in question and the proposed rezoning (specifying 4 units per acre), the proposed rezoning is consistent with both the Chapel Hill and Joint Planning designations. Zonin Atlas Amendments Zoning determines the type and intensity of uses and development that are allowed on a piece of land. 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 Zoning 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 rezoning application is a conditional use rezoning request. Consequently, if the Homestead 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 development actually occurring on the site. The zoning designation of a property determines the range of land uses and development intensities permitted on the property. Article 20 of the Town of Chapel Hill's Development Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "Tn 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 particulaz azea or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan. Article 20.1 further indicates: Tt is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfaze, and in conformance with the Comprehensive Plan. 2 4 As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that: An application for rezoning to a conditional use district may include a request, by the property owner, to limit the uses allowed with approval of a Special Use Permit. An application far rezoning to a conditional use district may be accompanied by an application far a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application. The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny a rezoning request. Existing Zoning The site is presently zoned Residential-2 (R-2), which is alaw-density residential zoning district. The Residential-2 zozung district requires a minimum of 10,000 squaze feet of gross land azea for a single-family house, and 21,780 square feet for atwo-family use. 1f the site is 5.0 acres or larger in size, then multi-family development is allowed in the Residential-2 district as part of a Planned Development-Housing approved by the Council, at a maximum density of 4.0 units per acre. Pro used Amendment to the Joint Plannin Area Zonin Atlas The property owner has submitted a Zoning Atlas Amendment requesting that the site be rezoned from ~tesidential-2 (R-2) to Residential-4-Conditional (R-4-C). The owner has submitted a letter outlining voluntary limitations regazding the future use of the site, if the Residential-~4- Conditional (R-4-C) zoning is approved for this site. We note that the applicant's letter (which is attached to this memorandum) includes the following conditions of rezoning: "A 4.1 units per acre cap on the residential density of the rezoned acreage." "Provision of affordable housing (defined as 80 percent of the area's median income for a family of four) at a rate of 15 percent of the total housing." Analvsis Analysis of this application is organized around the requirement of the Town of Chapel Hill Development Ordinance that Article 20 of the Development Ordinance 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. Accordingly, we provide the following analysis: A) A rezoniag is necessary to correct a manifest error. Staff Comment: We believe information in the record to date can be summarized as follows: 3 5 Ar ments in Su ort: We were unable to identify any arguments in support of a manifest error. B) A rezoning is necessary 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: . Aro moments in Support: No arguments have been made to date in support of changed or changing conditions in this particulaz area. We note that the Chapel Hill Town Council has approved the following developments within 500 feet of The Homestead site (and located within the corporate Town Limits), during the past 7 yeazs: Date of Approval June 27, 1994 July S, 199 November 13, 1995 March 13, 1996 Mazch 13, 1996 October 12, 1998 Develo ment A lication Homestead Village Preliminary Plat Southern Orange Human Services SUP Project Homestart SUP Modification Pazkside Preliminary Plat Homestead Park United Church of Chapel Hill Location Southwest Southeast Southeast Northeast East East C) A rezoning is necessary to achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus faz can be summarized as follows: Ar ents in Su ort: Arguments in support of this finding aze offered in the applicant's Statement of Justification (please see attached Statement). Arguments in, Opposition: To date, no evidence has been submitted indicating that this development would not be consistent with the Comprehensive Plan. Prelimina Recommendation The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed amendment to the Joint Planning Area Zoning Atlas_ We note that further evidence may be submitted at the Public Hearing. 4 AN ORDINANCE AMENDING THE JOINT PLAlVNIlVG AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended Apri12, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted an 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 portion of the site identified as now or formerly Chapel Hill Township Tax Map 24, Lat 16 and a portion of Lot 12, that are currently zoned Residential-2 (R-2), located north of Homestead Road, between the University Branch Southern Raikoad and Homestead Park, shall be rezoned to Residential-4-Conditional (R-4-C) zoning, with the following limitations on uses: • That residential development shall be limited to a maximum density of 4.1 units per acre; and • That a minimum of 15% of the proposed dwelling units shall consist of permanently affordable units available for private ownership. An affordable dwelling unit shall be defined as a unit that is priced at a level affordable to a family of four earning 80% or less of the Raleigh-Durham-Chapel Hill median income, as provided by the U.S. Department of Housing and Urban Development (HUD). The description of the area to be rezoned is indicated on the attached map. This ordinance shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. 5 ~~~1-~ o ~'' ii~~~ The Homesteac Chapel Hill a s~~ The Homestead A Townhome Community Statement of Justification -Rezoning The applicant, CENTBX H~MFS, requests that an approximate 48,acre tract (%.24..16 and a portion of 7.?~..12) located north of Homestead Road and east of the University Railroad. line be rezoned from R 2 to R-0{C). A rezoning request for a zoning map au~endment must be based on aaxe or roars of the following reasons: 1) The amendment would correct a manifest error in the map; Z) The amendment is warranted due to changed or changing conditions in the area or in the jurisdiction generally; 3) The amendment achieves the purposes of the Comprehensive Plan. The applicant bases this rezoning request upon the, third reason above. The requested zoning map amendment will achieve the purposes of the . Comprehensive Plan, as demumst<ated below. , The property is identified on the Land Use Play of the recently adopted Comprehensive Plan as an area suitable far medium~ensity residential development. `2Nledium Residential" is defined within the C~reheasive Plan as a density of 4-8 residential units per acre. As one of the conditions of the applicant's R~{C) rezoning request, the applicant is willing to cap the density for the 48~e parcel at 4.1 units per acre. This deatsity is well laelow the 6 emits per acne shown in the earlier Conceptual Plan for The Homestead and yet still in harmony with the Town's Comprehensive Plan Land Use Plan. Ftnt~re, the rezoning request is accompanied by a Special Use Permit application which will furtl~ several other articulated goals o~ the . Comprehensive Plan. Famemost among these is encouragement of a diversity of housing oppommities with the com~-, while at the same time preserving and protecting existing traditional neighborhoods. The proposed townhome community, which this rezoning application facilitates, will provide four distinct levels of home ownership within the community, all below the average sale price for a home within Chapel Kill. Not only is this a different form of housing from k The Homestead Renoning Statement of Justification September 2000 Page 2 the mare usual single-family detached form of housing within Chapel Hill, but it is offered at price points within the reach of much of the labor force of Chapel Hiil. At the same time, the relative isolation of the parcel from both surrounding neighborhoods and e>isting street frontages facilitates the goal of protecting existing neighborhoods from the impacts of infill development. Specifically, the rezoning will also further the stated goal of the Town to provide affordable housing (defined as affordable to a family of four with 80 percent of the area's median income) at a level of lS percent of the proposed housing. Not only is this a goal of the Town whenever there is a rezoning, but that target level of affordable housing is also included within the Comprehensive Plan. The applicant proposes to meet this goal threshold within The Homestead with townhome ownership priced within those income guidelines. .By conditionally rezoning the property and thereby r+egti;*~'~g a Special Use Permit application instead of enttertaining a subdivision request for the property, the stormwater goals of the Comprehensive Plan are fiuhered in that a stormwater detention plait will be required, including the construction of stormwater detention ponds. No such ponds are required of single-family detached developments. Furthermore, tl~e greenways and transportation networks of the Town will be furthered by completion of the Weaver Dairy Road. right-of-way corridor south to Homestead Road and provision of the missing link of the Rail Trail greenway corridor just east of the University Raihnad line. Provlsian of these two missing links will further the circulation albeanatives far the co~mmtmity whether by automobile, bicycle, ar pedestrian in nature. Finally, fire rezoning request has bey reduced.fraln the size and density of the original S?.~e coonc:ept Plan vcrsion to now provide an oppordmity for community facilities to be located on the Homestead Road frontage area of the original tract. A portiaat of that Homestead Road front~e area is still included. within the project boundaries and within the rezoning request while the remaindear is now outside of the project boundaries and therefore available for public acquisition, if so desired. Additionally, the portion still within the project boundaries cturcntly has no planned. program other than mcreatian. In conclusion, the applicant asserts that, together with the accompanying Special Use Permit applicatiaat concurrenay submitted with this zoning aatiendment petition, rezoning this 48-acre property from R-2 to R-0{C) will unquestionably achieve the goals and objectives of the Comprehensive Plan. 9 S>;]Yi' BY :RALEIGH 3-2$- 1 ; 17:05 ; It I MLEY-HORN 9199692014 ; # ~~ 10 CGN'T~~[ H1.7ME5 a7aµ Natlen~l Drl.r~, BWI~ tq1 ll~Mlah. NG 2781Y (YtYf Ta1•te0a F~ (ooh 87t~taaa hlarCll ~, 2UU1 Mr. Rog~cr Waldan Planning Director Town of Chapel Hill ~4b lYorth Columbia Stsr~et Chapel ir1i11, N. C. X7516 Mr. Craig Benadict 1}lamming Uit~ectar County ~ Q~urge 3Q61z Revam Rand. ~lillsbarough, N'. C. 27278 Ire: The Homestead (7.?.4..12 and 7.?A..1 G) Conditions of rezonlag As we have discussed. with Town staff and cacnrnnnnicated in writing within the application materials, Ceateac Homes willingl~+ ail'ers conditions that might be placed upon the zoning map amendrr~t fradm R-2 to R~tCcx~didonal) fo= the approxinnate 48-acre assemblago of pra~perties to be known as The HnrncstGad. The rrrouing condidons offered inelade: a A 4.1 Waits per acre ~F an the residential density of the r+rawacxi acreage, which is well within the adapted Ceheasive Fun's target deos~ity of 4-S units per acre fnr the property. • Provision of affatdabk3 housing (deemed as SO pet~nt ai• tlto area's median iacotne far a farrriYy of four) at a rata of 15 pea+ccnt of the fatal hausiag. We would be willing m rQrrra~e thew coadiutars oral have them ateached to the zoning amendment 17y whatever means that orange Cnuaty andkar rho Town of Chapel Hill deems accc{~table. 5lncet~cly, ~E.rC. 1.I~Rrf Lee Dnnn Land AcquiRitians Manager