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HomeMy WebLinkAboutAgenda - 10-01-2003-8kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 1, 2003 Action Agenda Item No. $'~( SUBJECT: Joint Planning Area Land Use Plan Amendments to Correspond with the Town of Chapel Hill's Comprehensive Plan DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO ATTACHMENT(S): • Resolution of Adoption • Map of Amendment Area • Materials from 4-29-02 Assembly of Governments Meeting INFORMATION CONTACT: Craig Benedict, Planning Director, ext 2592 Gene Bell. ext 2589 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adoption of amendments to the Joint Planning Area Land Use Plan resulting from the Chapel Hill Comprehensive Plan adopted by the Town in May 2000. BACKGROUND: At the Joint Planning Area Public Hearing on April 11, 2001, a series of amendments in Chapel Hill's Northwest Transition Area were presented. The purpose of the amendments was to promote consistency with the Joint Planning Area Land Use Plan and Chapel Hill's new Comprehensive Plan adopted on May 8, 2000. The amendments were: 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 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." 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." Chapel Hill and Carrboro subsequently approved the changes. The designations that each Town used to describe the Greene and Neville tracts were slightly different, although there was no substantive difference. Orange County delayed voting on the amendments, stating an interest in waiting until the multi- jurisdictional Greene Tract Work Group concluded its discussions. Now that the work group has completed its task, the Joint Planning Staffs propose that the following land use designations be applied to the Greene and Neville Tracts: • Greene Tract: "Housing/Recreation/Open Space/County Use" • NevilleTract: "Non-landfill County Use" The Board of County Commissioners are asked to consider adoption of the revised designations for the Greene and Neville Tracts along with amendments 2, 3, and 4 detailed above. Since they have already adopted amendments 2, 3, and 4, the Carrboro Board of Aldermen and Chapel Hill Town Council will be asked to consider adoption of the revised designations for the Greene and Neville Tracts on October 7 and 8, 2003, respectively. Action on these amendments is time-critical. At the October 15 JPA Public Hearing, there are proposed zoning amendments that cannot be considered until these plan amendments are approved. SOUTHERN TRANSITION AREA NOTE: As a postscript, at the Assembly of Governments meeting on April 29, 2002, the proposed plan amendments referenced above were discussed along with other potential amendments generated by the Chapel Hill 2000 Comprehensive Plan. This other issue refers to Chapel Hill's southern transition area where the "urbanizing" land use designation was affected by the retraction of the urban service line. Chapel Hill planning staff has said that they will bring forth a resolution of this issue in April, 2004. Minutes and agenda materials from that meeting are attached. Page 7 (top right corner of this agenda), Item b. notes Chapel Hill`s intent to take the initiative on this issue. FINANCIAL IMPACT: There is no financial impact associated with this decision. RECOMMENDATION(S): The Administration recommends that the BOCC adopt the following Joint Planning Area Land Use Plan amendments to correspond with the Town of Chapel Hill's Comprehensive Plan: 2. 3. 4. 5. Changing the designation of the Greene Tract from "Landfill Pending Further Study" to "Housing/Recreation/Open Space/County Use." Changing the designation of land south of Eubanks Road from "Open Space" to "Low Residential." Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space." Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential." 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 "Non-landfill County Use." 3 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 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; 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 8, 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 Hill 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 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 Area Land Use Plan and Map be amended according to the attached map dated 2003, with Area 1, the Greene Tract designated as "Housing/Recreation/Open Space/County Use," and Area 5, the Neville Tract designated as "Non-landfill County Use." This resolution shall become effective upon adoption by the governing boards of Orange County, Chapel Hill, and Carrboro. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2003. I, Donna 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 October 1, 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2003. Clerk to the Board of Commissioners G:\Comprehensive Planning Div\GENE\2003 BOCC Agendas\Oct 1WPA Chapel Hill CP\Resolution Amending JPALUP.doc 4 Joint Planning Transition Area Chapel Hill Northwest Area Existing and Proposed Land Use Designations Map 1 Revised May 7, 2001 (Resolution # 2001-05-07/R-b) Legend Proposed Joint Planning Transition Area Land Use Plan as approved by Chapel Hill Town Council, May 7, 2001 AREA3 ~ AREA H Boundary - ~ ~_~~fill ~O County Use ~n PI. : ~~,I;.::.:. ~~~ ~ AREA 5 c R La ndfill ' ~ ~ ' ' a .. r: ~n =~:. .:: :: Eubanks nd I ' ' ort '" ~ ' ~iwoo ~: >:.>'; ' . ~ 'd:, Limits '~~' Greene ~ ,} + Tract: .d AREA 2 . = ~ ~ i ~ c ~ _ ~ :. ~~ pa ~ L a AREA 1 .. ~.: ~~;:> :> ::: ~,::::: :::::::~ - Housing/f~et~ea- ~` :. ' /~ ~ < "~r' Homestead Rd County u~e!~ ::~~.: 500® Feet Map 2 Revised Land Use Categories Special Areas Rural Residential, 1 unit /2 to 5 ac. ®Floodplain with RCD Low Residential, 1-4 units lac. © Potential School Site ®Medium Residential, 4-8 units /ac. Potential Public Works i Si ® tvlixed Use, Office/Com. Emphasis Facil ty te gaundaries ® Nkxed Use, Office Emphasis I ti l tit N Urban Service Boundary ns ona u e ~ N Chapel Hill City Limits ! ®Open Space ® Landfill Activities N G1S Maps Prepared by Chapel Hill Planning 5 APPROVED 6/18/02 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ASSEMBLY OF GOVERNMENTS APRIL 29, 2002 The Orange County Board of Commissioners met in regular session for an Assembly of Governments meeting at 7:30 p.m. on April 29, 2002 at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen Halkiotis COUNTY ATTORNEYS PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and members Flicka Bateman, Pat Evans, Ed Harrison, Mark Kleinschmidt, Jim Ward and Edith Wiggins CHAPEL HILL TOWN COUNCIL MEMBERS ABSENT: Bill Strom, Dorothy Verkerk CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Mayor Michael R. Nelson and members Jacquelyn Gist, John Herrera (arrived late), Diana McDuffee, Alex Zaffron and Joal Hall Broun CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Mark Dorosin HILLSBOROUGH TOWN COMMISSIONERS PRESENT: Mayor Joe Phelps and members Frances L. Dancy, Michael Gering, and Mark Sheridan HILLSBOROUGH TOWN COMMISSIONERS ABSENT: Kenneth Chavious and Evelyn Lloyd STATE LEGISLATORS PRESENT: State Senator Ellie Kinnaird and State Representative Verla Insko NOTE: All other participants are listed in the text as appropriate. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. OPENING REMARKS -CHAIR AND MAYORS Chair Jacobs said that Representative Hackney expressed his regret for not being in attendance tonight. 1. FY 2002 AND FY 2003 LOCAL GOVERNMENT BUDGETARY CONCERNS Orange County John Link made reference to a handout which gave a summary of major revenue and expenditure changes for fiscal year 2002-03. He gave potential ways to offset possible loss of state revenues for FY 2002-03. This document is hereby incorporated into these minutes by reference. Jackie Gist clarified that the 4.5-cent property tax increase was the projection following the recommendations and not what could happen if there is a loss of revenue. John Link said that if we were not able to address some of the reimbursement shortfall from the state, then the increase is inevitable. The 4.5-cent increase is the worst case scenario in terms of the tax increase. Pat Evans asked how much fund balance would be projected and John Link said $12 million. She made reference to the in-range salary adjustments and John Link said that he is not sure if these will be 1 6 lunch, it would have a devastating impact. He asked what moron would come up with a suggestion like this. Today on NPR he heard that there is going to be a discussion in the legislature reference the Highway Trust Fund, which has almost $1 billion in it. By the year 2007, that same fund will have close to $6 billion accumulated in it. He said that maybe the "good road state" needs to become the "good people state" and put roads on the back burner for a short period of time and take care of the needs of those least able to stand up and defend themselves. Mayor Foy said that he feels the municipalities need to focus on what might be achievable. He said that what might be achievable for next year with the legislature and the Governor is an agreement not to take the utilities franchise fees. Further, it would be helpful to understand that we need to set the tax rate by July 1St. This gives a short window of opportunity to try to take into account any action that the legislature can take this year to secure those funds for us next year. Joal Hall Broun said that what the municipalities are doing now is dipping into their fund balances. Next year, they will not be able to do that. Even if the money the State has taken is returned, it will take the Town of Carrboro three to five years to recover. She asked that the local delegation look at what cutting funds in mental health will do to the jails and the increase in prisoners. She said that it would be worse long-term and these short-term solutions do nothing for the State. Representative Insko agreed with Jackie Gist that at the State level they are raising taxes by withholding money from the local jurisdictions. She thinks that this is a strong argument. Senator Kinnaird made reference to an article she wrote to the News and Observer. She said that today she got a fax from someone in Holly Springs who accused her of leaving the democratic party advocating for taxes. She made reference to the comment about where all the money went and said that there have been three hurricanes and one flood. She said that the tax revenue that is supposed to be coming in is actually increasingly going down, so that each year we have less revenue. The State has sent out pledges to each legislator saying, "I will not raise your taxes." She said that it is so frustrating because even though the statewide poll showed that 87% of the people are in favor of raising taxes on tobacco, they said they could not do it because it was an election year. She is to the point of despair and frustration. Chair Jacobs said that if the people in the legislature do not have the guts to do it, then they should give the municipalities the authority to levy revenues and the freedom to meet the responsibilities. He said that Orange County is not going to let elderly people starve because the State is cutting funds. Orange County will not turn its back on anyone, but we do not have the tools or the opportunities to help us meet those responsibilities. Pat Evans said that what is allowed for one municipality or county needs to be given to all municipalities or counties. John Herrera said that we need to go and sit with the Governor and have a negotiating team to get what we want. We need to put pressure on the elected officials. Senator Kinnaird said that on May 28th, which is the opening day of the Legislature, a rally starts at the Clarion Hotel at 9:00 a.m. and it marches to the Governor's office and the Legislature. It is called a Rally for Justice and includes almost all of the non-profits. 2. CHAPEL HILL COMPREHENSIVE PLAN AMENDMENTS a. Chapel Hill Comprehensive Plan Amendments for the Northwest Area Chris Berndt made this presentation. At the Joint Planning Area Public Hearing on April 11, 2001, a series of amendments in Chapel Hill's Northwest Area were presented. The amendments were: 1) Changing the designation of land south of Eubanks Road from "Open Space to "Low Residential"; 2) Changing the designation of land north of Eubanks Road between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space"; 3) Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential"; and 4) Changing the designation of the Greene Tract from "Landfill Pending Further Study" to "Housing/Open Space." The Planning staffs of Chapel Hill, Carrboro, and Orange County note the following options for proceeding toward adoption of the proposed amendments to the Joint Planning Land Use Plan and map: 1) Adopt the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel Hill Town Council on May 7, 2001; or 2) Adopt the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel Hill Town Council on May 7, 2001, but leave the designation of the Greene Tract unchanged from its 1986 Land Use Plan designation ("Future Landfill, Pending Future Study") until a final use is determined for the Greene Tract; or 3) Adopt the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel Hill Town Council on May 7, 2001, but designate three uses (housing, open space, and recreation) for the Greene Tract, as adopted by the three governing bodies in November and December of 2001; or 4) Postpone adoption of the proposed amendments to the Joint Planning Land use Plan and Map until the Greene Tract Work Group finalizes recommendations for a concept plan on the Greene Tract. Chair Jacobs asked if the staff is looking for direction as to which of the four approaches to take at this time. Chris Berndt said that they were laying out the approaches at this time. Chair Jacobs said that one way to approach it would be to wait and incorporate the Greene Tract which is option #4. Everyone agreed to this approach. b. Southern Portion of Chapel Hill Transition Area Within Joint Plannina Area Orange County Planning Director Craig Benedict made this presentation. He said that adoption of the new Chapel Hill Comprehensive Plan in May 2000 resulted in a northward shift of the Urban Service Boundary away from the Southern Triangle Transition Area. No change to the Joint Planning Area Land Use Plan has yet been proposed for this area. Mayor Nelson left the meeting at this point at 8:57 p.m. Commissioner Brown asked Craig Benedict why we would not want to do this and he said that it would be consistent to an amendment to the plan. That area would be similar to the other rural buffer areas that are not being serviced with urban services. It would take a formal public hearing and a formal amendment process. There are areas within the extraterritorial jurisdiction of Chapel Hill that would not be serviced by urban services, but that could stay within the planning jurisdiction. Mayor Foy said that his board has not really discussed this, and he does not think they would be comfortable taking an action to move it forward without having given it consideration. He would like more time. Commissioner Gordon concurs with the Chapel Hill Town Council taking the initiative. 6 8 Commissioner Brown asked and Mayor Foy said that they could put it on the next Assembly of Governments meeting agenda. Commissioner Brown said that it was her understanding that it already has been adopted into the water and sewer boundary agreement. Craig Benedict said that the water and sewer boundary agreement was a separate document. The agreement reflects the change in the map. Ed Harrison clarified that all areas in the rural buffer are in the Joint Planning Area, but only Orange County has zoning jurisdiction in them. He asked if areas have been added to the rural buffer over time and the County Attorney said that no change has been made. 3. REFRESHER ON SOLID WASTE INTERLOCAL AGREEMENT a. Greene Tract Disposition/Reimbursement Commissioner Carey made reference to the work that has been done by the Greene Tract Work Group. He said that a 60-day extension has been given by Orange County and Carrboro. Chapel Hill will be considering it on their agenda soon. He commended the work group for the six meetings and the hard work. There is a little more work to do and the staff has to pursue a survey of the area around the Greene Tract to learn the best (most appropriate) route to get public sewer to the site. This will help in deciding where affordable housing can go on the site. Pat Evans said that the Chapel Hill Council has worked to try to integrate types of housing rather than having a single range of housing types. In the resolution that the Council passed in regard to the Greene Tract, they included moderately priced housing as well as affordable housing because of their policy of not locating public housing all in one neighborhood. They would prefer to have mixtures of housing types. Commissioner Carey said that he believes that most people in the work group want to maximize the amount of affordable housing that can be built on the site because there are so few opportunities available for affordable housing. Flicka Bateman asked if the Greene Tract Work Group has talked about the number of units that may be allowed on the rest of the tract because that would better tell how many people would be served as opposed to talking about the acreage. Commissioner Carey said that they started out talking about the number of units but gravitated toward talking about acres. The work group will talk about this further after the survey is finished. Jackie Gist said that the work group needs to further discuss the future of the 11-acre tract. She asked that this 11 acres be put in a trust to be used in 25 years to provide affordable housing. Kevin Foy made reference to the map of the Greene Tract. He noted that the blue on the map is the location of the eleven (11) acres in question. He made reference to the pink and brown areas located to the north and adjacent to the eleven acres and said that water and sewer could probably be provided to this area most economically. This is the area where the survey will take place. A lot of money will be invested for some housing on the pink and brown part. He feels that the neighborhood needs to be involved in the decision for this entire area. He urged all of the boards to also put the 11 acres in a trust for affordable housing use at a later time. Jim Ward said that it seems that this is going to be a very close dense affordable housing project. The transportation issues concern him. He wants the County to take the next step to decide on the acreage that is solely owned by Orange County. 7 9 ASSEMBLY OF GOVERNMENTS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 29, 2002 SUBJECT: Assembly of Governments Discussion Topics DEPARTMENT: County and Towns PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: As Noted in "Background" County and Town Managers COUNTY TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss topics noted in the background section. BACKGROUND: 1. FY 2002 and FY 2003 Local Government Budgetary Concerns Orange County and its municipalities are facing budgetary challenges in the current and upcoming fiscal years that are unprecedented in recent memory. The Governor's announced withholding of millions of dollars of revenue due to the County and Towns is exacerbating a situation already adversely impacted by the slowed economy in North Carolina and the corresponding reduction in some major categories of local government revenue. Managers will provide a brief outline of the impacts these factors have had and are likely to have on FY 2001- 02 and FY 2002-03 budgets: Elected officials will have the opportunity to discuss what measures that the governments might pursue individually or collectively to deal with the situation. No Attachments 2. Chapel Hill Comprehensive Plan Amendments a. Chapel Hill Comprehensive Plan Amendments for the Northwest Area At the Joint Planning Area Public Hearing on April 11, 2001, a series of amendments in Chapel Hill's Northwest Area were presented. The purpose of the amendments was to promote consistency with the new Chapel Hill Comprehensive Plan adopted on May 8, 2000. The amendments were: 10 1. Changing the designation of land south of Eubanks Road from "Open Space" to "Low Residential" 2. Changing the designation of land north of Eubanks Road, between the existing landfill and Millhouse Road, from "Mixed Use, Office Emphasis" to "Open Space." 3. Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential." Adoption of the amendments by Orange County was delayed pending completion of discussions on the final disposition of the Greene Tract which is also located in the Northwest Area. Attachment 2a -Chapel Hill Comprehensive Plan Amendments for the Northwest Area b. Southern Portion of Chapel Hill Transition Area Within Joint Planning Area Though not an area considered at the April 2001 public hearing, the Chapel Hill Southern Triangle Transition Area was also affected by the new comprehensive plan. This area is bordered by Chatham County to the south, Old Lystra Road to the east, and the Chapel Hill extraterritorial planning jurisdiction (ETJ) and US 15-501 to the north. Adoption of the new Chapel Hill Comprehensive Plan in May, 2000 resulted in a northward shift of the Urban Service Boundary away from the Southern Triangle Transition Area. A report on progress toward adoption of the amendments by Orange County and a review of the land use, zoning, and jurisdictional context for this area will be provided. Attachment 2b - Southem Portion of Chapel Hill Transition Area Within Joint Planning Area 3. Refresher on Solid Waste Interlocal Agreement a. Greene Tract Disposition/Reimbursement The Greene Tract Work Group (comprised of Moses Carey, Margaret Brown, .Kevin Foy, Bill Strom, Jacquie Gist, and Alex Zaffron) has met six times thus far to discuss options for the future disposition of the 100+ acres of the Greene Tract that remain in joint ownership. They also sponsored a public forum in November 2001 during which- comments received from citizens essentially confirmed three proposed basic uses for that property -open space, affordable housing, and recreation -that had been suggested last fall by the governing boards of Orange County and the Towns of Carrboro and Chapel Hill. The Work Group has made substantial progress towards a recommended concept plan for the remainder of the Greene Tract. The Work Group adopted a resolution (with a map incorporated by reference) at their March 21, 2002 meeting that reflects that. progress, and requests that the three governing boards agree to a 60 day extension of the bargaining period to permit additional Work Group effort to reach full consensus on a concept plan. Work Group members and staff will report briefly and entertain questions from other elected officials regarding the status of discussions to resolve the disposition of the Greene Tract. A Work Group document reflecting approximate dollar amounts that each jurisdiction will ultimately owe to the Solid Waste Enterprise Fund is provided for information. MEMORANDUM TO: Orange County Board of Commissioners Chapel Hill Town Council --- Carrboro Board of Aldermen FROM: .Craig Benedict, Orange County Planning Director Roger Waldon, Chapel Hill Planning Director Roy Williford, Carrboro Planning Director CC: John Link, Orange County Manager W. Calvin Horton, Chapel Hill Town Manager Robert Morgan, Carrboro Town Manager DATE: Apri117, 2002 SUBJECT: Chapel Hill Comprehensive Plan Amendments for the Northwest Area The purpose of this Memorandum is to report on progress towazd adoption by Orange County of the following amendments to the Joint Planning Land Use Plan and Map, presented at the April 2001 Joint Planning Area Public Hearing: • Changing the designation of the Greene Tract from "Landfill Pending Further Study" to "Housing/Open Space"; • Changing the designation of .land south of Eubanks Road from "Open Space" to "Low Residential"; • Changing the designation of land north of Eubanks Road, between the existing landfill - and iVlillhouse Road, from "Mixed Use, Office Emphasis" to "Open Space"; and • Changing the designation of parcels between Millhouse Road and Interstate 40 from "Mixed Use, Office Emphasis" to "Rural Residential." The purpose of these amendments- is to promote consistency with the Chapel Hill 2000 Comprehensive Plan. 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 Work 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. 12 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 heazd 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. 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 March 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 on May 8, 2000. On April 11, 2001, a joint public hearing was held to receive public comment on the proposed amendments. A resolution approving the amendments was forwarded to the governing bodies of Orange County, the Town of Carrboro, and the Town of Chapel Hill. for approval. Recent Actions - On May 7, 2001,. the Chapel Hill Town Council adopted Resolution 2001-OS-07/R-16b (see Attachment 1), amending the Joint Planning Land Use Plan and Map, according to the map attached to the resolution. The resolution would designate the Greene Tract as Housing/Open Space and leave the Neville Tract as Open Space as shown on the 1986 Land Use Plan. This resolution was adopted prior to the convening of the inter jurisdictional Greene Tract Work Group (see below, "Greene Tract Process'. The Carrboro Boazd of Aldermen took action on the amendments in June, 2001, but the Orange _ County Board of Commissioners have not acted on the resolution to amend the Joint .Planning Land Use Plan and. Map. ,All three jurisdictions aze participating in a joint Work Group concerning the disposition of the Greene Tract, as noted below. Greene Tract Process In 1984, the three governments of Orange County, Carrboro, and Chapel Hill acquired the 169'. acre Greene Tract. In 200p, 60 acres of this property was deeded to Orange County under -the provisions of the 1999 interlocal "Agreement for Solid Waste Management." This Agreement also gave the County and Towns two yeazs .following the effective date of the agreement to determine the ultimate use or disposition of the remaining 109 acres of the Greene Tract. The end date of the bazgaining period as defined in the Agreement is April 17, 2002. In 2001, the three governments adopted a process to determine the ultimate use or disposition of the remaining 109 acres. A joint work group of two elected officials from each jurisdiction was has met since October, 2001. The Work Group held a public forum on a proposal to consider three basic uses of affordable housing, open space, and recreation on November 15, 2001. In 13 November and December, 2001, the governing bodies each adopted resolutions endorsing the three basic uses, with some variations in emphasis and issues noted. In February, 2002, the. Work Group began reviewing options for a preliminary concept plan based on a site analysis. On March 21, 2002, the Work Group adopted a draft resolution in concept. The Work Group: ,~_-_ • Reached substantial agreement on a concept plan showing approximately 78 acres earmazked for open space protected by a conservation .easement and approximately 15 acres for affordable housing; • Has not yet reached agreement on about 11 acres regarding the designation; • Forwarded the proposal to the three governing boazds and recommended they accept it as an interim progress report; • Recommended the Board of County Commissioners protect its 60 acre portion by executing a conservation easement also; • Recommended the Chapel Hill Town Council consider initiating a small area plan for the Purefoy Road azea; and • Supported renaming the property to recognize the significance of the azea as .the headwaters for three important streams (Bolin, Old Field Creek, and Booker Creek). A Work Group draft resolution requests that each governing boazd agree to extend the April 17, 2002 end of the bargaining period in the Interlocal Agreement 60 days to permit finalizing a concept plan. The Group asked the Managers to arrange for a topographic survey of the Purefoy Road area. Options for Proceeding The Planning staffs of Chapel Hill, Carrboro, and Orange County note the following options for proceeding towazd adoption of the proposed amendments to the Joint Planning Land Use Plan and Map: 1. Adopt. the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel Hill Town Council on May 7, 2001; or 2. Adopt the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel Hill Town Council on May 7, 2001, but leave the designation of the Greene Tract unchanged from its 1986 Land Use Plan designation ("Future Landfill, Pending Future Study") until a final use is determined for the G?•eene Tract; or 3. Adopt the proposed amendments to the Joint Planning Land Use Plan and Map as adopted by the Chapel .Hill Town Council on May 7, 2001, but designate three uses (housing, open space, and recreation) for the Greene Tract, as adopted by the three governing bodies in November and December of 2001; or 4. Postpone adoption of the proposed amendments to the Joint Planning Land Use Plan and Map until the Greene Tract Work -Group finalized recommen~.ations for a concept plan on the Greene Tract. 14 The Joint Planning Agreement requires all three governing bodies to adopt the same resolution in order to amend the Joint Planning Land Use Plan and Map. Options 2, 3 and 4 would require a new resolution be drafted and forwarded to each jurisdiction for review by each jurisdiction's Planning Board and approval by each jurisdiction's governing body.. s ~~ C `°`"~ 9° ~~~ 15 MEMORANDUM TO: Orange County Board of .Commissioners Carrboro Board of Aldermen Chapel Hill Town Council FROM: Craig Benedict, Orange County Planning Director . Roy Williford, Carrboro Planning Director Roger Waldon, Chapel Hill Planning Director CC: John Link, Orange County Manager- W. Calvin Horton, Chapel Hill Town Manager Robert Morgan, Carrboro Town Manager SUBJECT: Southern Portion of Chapel Hill Transition Area Within Joint. Planning Area DATE: April 17, 2002 This item appears on tonight's Joint Public Hearing agenda at the request of the Orange County Board of Commissioners. This is a discussion item. BACKGROUND On May 8, 2000, the Chapel Hill Town Council adopted a new Comprehensive Plan for Chapel Hill, along with an accompanying Land Use Plan. The geographic coverage of the Land Use Plan includes all areas within Chapel Hill's Town Limits, within Chapel Hill's Extraterritorial Planning Area, and within the Chapel Hill Transition Area designated on documents related to the Joint Planning Agreement. The new Chapel Hill Land Use Plan proposed changes in land use designations in several areas. For those areas that changed within the Town Limits, or within the Extraterritorial Planning Area, no further approvals by any jurisdiction were needed. For changes inland use designations within the Chapel Hill Transition Area in the- Joint Planning Area, concurrence is needed by the Carrboro Board of Aldermen and the Orange County Board of Commissioners in order to become fully effective. The mechanism to accomplish this is to amend the Joint Planning- Area Land Use Plan. 16 2 The changes in land use designation that have been so proposed by Chapel Hill are on the northwest side of Town, in the Eubanks Road area. These changes were considered at a Joint Public Hearing last year, and accompanying change to the Joint Planning Area Land Use Plan was approved by the Chapel Hill Town Council and the Carrboro Board of --_- Aldermen following the hearing. The Board of Commissioners did not take final action on the proposed amendment, and a status report on that topic is on tonight's agenda for discussion. A related action of the Chapel Hill Town Council on May 8, 2000, was to constrict Chapel Hill's Urban Services Boundary to the south of Chapel Hill's corporate limits. A map is attached (Map 1) that shows the new Urban Services Boundary in this area. Chapel Hill did not request an accompanying change to the Joint Planning Area Land Use Plan for the portion of this land that is within the Joint Planning Area, because no change in land use designation was proposed. A second map is attached (Map 2, Excerpt from the Joint Planning Area Land Use Plan) showing this area, and its land use designation as "Suburban Residential -Chapel Hill Transition Area." No change in that designation has been proposed. Zoning in this area is Residential-Low Density-1, requiring a one-acre minimum lot size. DISCUSSION - - No change to the Joint Planning Area Land Use Plan has yet been proposed for this area. We understand that. the purpose of tonight's discussion is to clarify the status of this area, its land use designation and its zoning. We note that while the concepts of Rural Buffer and Urban Services Area aze related, they aze not necessarily paired along a common boundary. In this case, for example, the Rural Buffer is a Joint Planning Area category, accompanied by County control over zoning and development. Land in the Joint Planning Area not designated Rural Buffer on the Joint Planning Area Land Use Plan is designated either Carrboro Transition or Chapel Hill Transition, where Orange County and either Carrboro or Chapel Hill share jurisdiction over zoning decisions and either Carrboro or Chapel Hill makes decisions on development applications. "Not within the Urban Services Boundary" is not synonymous with "Rural Buffer." For example, there are several areas within Chapel Hill's Extraterritorial Planning Area that aze not within the Urban Services Boundary. SUMMARY A staff presentation tonight will review the land use, .zoning, and jurisdictional context for an azea south of Chapel Hill that is currently outside of Chapel Hill's Urban Services Boundary, but within Chapel Hill's Transition Area. Attachments 3 1. Chapel Hill Zoning Map, showing Zoning Categories, Urban. Services Boundary and Joint Planning Area Boundary for Southern Area 2. Joint Planning Area Land Use Plan, showing Joint Planning land use designations for Southern Area 17 18 4 Map 1: Excerpt from Chapel Hill Zoning Map k 2 ,~f /~ \~LT t~=LD5 Vi,~ R-'I ~ R'LD1 ~ ~ . a-1.D5..~t'~/ '~ ~ ~~ ~1~ Ucban Services Boundary' rg . .~ R~ ~ R-2 Zoning Disfricfs - P .: - Joint Pianrtng Ares Cfiaffiair- Go Note: ~fIIS map does not show ff~ city limJts boundary. 5 Map 2: Excerpt from Joint Planning Area Land- Use Plan 19