HomeMy WebLinkAboutAgenda 03-01-22; 8-h - Acceptance of Planning Jurisdiction over Two (2) Parcels to Orange County 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 1, 2022
Action Agenda
Item No. 8-h
SUBJECT: Acceptance of Planning Jurisdiction over Two (2) Parcels to Orange County
DEPARTMENT: Planning & Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1) Chapel Hill Resolution Craig Benedict, Planning & Inspections
2) Petition Director, (919) 245-2585
3) Two Maps of Parcels
4) Consent of Landowner
PURPOSE: To receive the property owner petition and Town of Chapel Hill resolution, and accept
assignment of planning jurisdiction into Orange County for two (2) parcels.
BACKGROUND: Under North Carolina General Statute (NCGS) 160D-203, when a parcel lies
within two planning jurisdictions, those governments can agree to assign which entity has planning
jurisdiction. The request/assignment does not change any city or county boundaries.
The parcels associated with this petition are PINS 9787-32-6186 and 9787-42-0000. The Chapel
Hill Town Council agreed by resolution (Attachment 1) on January 12, 2022 to the assignment of
the two parcels to Orange County's planning jurisdiction.
The total amount of land is approximately 13.2 acres of which the majority is in Orange County's
jurisdiction. The land is primarily within the joint planning area, Jordan Lake protected Watershed
and either Chapel Hill zoning or Rural Buffer in Orange County. The property lies west of Old
Lystra Road and north of and across from Old Orchard Road. An application for the proposed
subdivision shown in the petition has not been received, processed or approved by Orange
County at this time. The land development regulations and residential density will be reviewed.
FINANCIAL IMPACT: There is no financial impact associated with accepting the assignment of
planning jurisdiction. If a development proposal is subsequently submitted, existing Orange
County Planning staff will review the proposal for compliance with applicable development
regulations.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of environmental
2
laws, regulations, policies, and decisions. Fair treatment means that no group of people
should bear a disproportionate share of the negative environmental consequences
resulting from industrial, governmental and commercial operations or policies.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gases.
RECOMMENDATION(S): The Manager recommends that the Board receive the property owner
petition and Town of Chapel Hill resolution, and accept the assignment of the two (2) parcels
under Orange County's planning jurisdiction.
Attachment 1
3
File#: [22-0022], Version: 2
A RESOLUTION APPROVING ASSIGNING THE EXCLUSIVE PLANNING AND DEVELOPMENT
REGULATION JURISDICTION OVER TWO PARCELS TO ORANGE COUNTY (2022-01-12/R-2)
WHEREAS, on November 17, 2021, Paul Dubbeling on behalf of Mendall, LLC petitioned the Town of
Chapel Hill Council; and
WHEREAS, recent changes to the North Carolina General Statutes 160D-203, when a parcel lies within the
planning and development jurisdictions of more than one local government, those governments may
agree to assign that parcel to the exclusive jurisdiction of one of them; and
WHEREAS, the assignment of jurisdictional review as per I60D-203 does not change the jurisdictional
boundaries; and
WHEREAS, the petitioner represents ownership of two parcels that straddle the jurisdiction limits of the
Town of Chapel Hill and Orange County; and
WHEREAS, the petitioner requests the Town Council consider the exclusive planning and development
regulation jurisdiction for parcels identified as Parcel Identifier Numbers 9787-32-6186 and 9787-42-
0000; and
WHEREAS, the petition requests that the Chapel Hill Town Council assign the exclusive planning and
development regulation jurisdiction of these two parcels to Orange County; and
WHEREAS, the property owner has consented in writing to this assignment; and
WHEREAS, the property owner will pursue a similar process through Orange County and be responsible
for obtaining Orange County agreement for this request; and
WHEREAS, the property owner has expressed interest in pursuing a subdivision under Orange County's
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council assigns the
exclusive planning and development regulation jurisdiction for PINs 9787-32-6186 and 9787-42-0000 to
Orange County.
This the 12" day of January, 2022.
The Agenda ►mill reflect the text below and/or the motion text will be used during the
meeting.
By adopting the resolution, the Council assigns to Orange County the exclusive planning
and development regulation jurisdiction for the property on Homeplace Drive and Old
Lvstra Road.
TOWN OF CHAPEL HILL Page 2 of 2 Printed on 112512022
powered by LegistarTa'
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I. Amy T. Harvey, Deputy Town Clerk of the Town of Chapel Hill, North Carolina,
hereby certify that the attached is a true and correct copy of (2022-01-12/R-2)
adopted by the Chapel Hill Town Council on January 12, 2022.
This the 13th day of January, 2022.
/40
Amy T. Harvey
Deputy Town Clerk
ys.
f s
Attachment 2
5
P.M. Dubbeling, PLLC
210 North Columbia Street
Chapel Hill,NC 27514
Paul M.Dubbeling
Phone:919-635-6005
Fax: 919-404-7074
paul.dubbeling@pindubbeling.com
15 November 2021
Petition for Council to Assign Exclusive Planning and Development Regulation
Jurisdiction over Parcel Numbers 9787-32-6186 and 9787-42-0000 to Orange
County pursuant to N.C.G.S. § 160D-203
Chapel Hill resident and long-time real estate attorney Kendall Page, on behalf of
her company Mendall, LLC, petitions the Town of Chapel Hill to assign to Orange County
exclusive planning and development regulation jurisdiction for the parcels of land with
parcel identification numbers 9787-32-6186 and 9787-42-0000 located along Homeplace
Drive near the intersection with Old Lystra Road. This petition is made for the following
reasons:
Background
As shown on Exhibit A,Mendall, LLC owns several parcels of land lying between
Homeplace Drive and Old Lystra Road to the south of Chapel Hill. These parcels lie in the
planning and development regulation jurisdictions of Orange County and Chapel Hill, and
in the joint planning area shared between them. This petition concerns parcel numbers
9787-32-6186 and 9787-42-0000 (collectively, the "Land"). The Land lies (at least partially)
in the joint planning area of Orange County and Chapel Hill. On Exhibit A, the Land is
outlined in red and the joint planning area is the cross-hatched section of the map (with
Doc ID: c4a053aOc53b3a848f3f5355cac40b219063ae91
6
P.M. Dubbeling, PLLC
Chapel Hill's exclusive jurisdiction shown in gray and Orange County's exclusive
jurisdiction in green).
Mendall, LLC wishes to subdivide its land. As shown on Exhibit B, the proposed
subdivision (Lots D-1 through D-8) lies almost entirely within the exclusive jurisdiction of
Orange County, but lots D-7 and D-8 (subdividing what is now parcel number 9787-42-
0000) would extend into the joint planning area. As part of this plan of subdivision,
Mendall, LLC wants to dedicate parcel number 9787-32-6186 to be open space for the
enjoyment and benefit of future owners of the surrounding land. Orange County has
approved this subdivision in concept and, if this petition is granted by the Town., Mendall,
LLC will submit a formal request for subdivision in accordance with Exhibit B.
Legal Authority
In 2019,the North Carolina Legislature enacted N.C.G.S. Chap. 160D specifically to
address local planning and development regulation. In doing so, the Legislature created a
specific mechanism for local authorities to handle situations in which a parcel lies within
the jurisdiction of more than one planning authority but it makes more sense for one
authority to handle a proposed project.
Under N.C.G.S. § 160D-203, when a parcel of land lies within the planning and
development regulation jurisdiction of more than one local government, those governments
may agree to assign that parcel to the exclusive jurisdiction of one on them. Importantly,
this does not require a redrawing of jurisdictional boundaries. Instead, by mutual
agreement (and with the written consent of the landowner) the two governments assign a
specific parcel of land to the exclusive planning and development regulation jurisdiction of
one of thein, By doing so, the local.governments avoid the need for duplicative work in
reviewing, approving, and monitoring proposed land use.
Doc ID: c4aO53aoc53b3a848f3f5355cac4Qb219063ae91
7
P.M. Dubbeling, PLLC
To demonstrate that the governments have agreed, each government passes a
resolution so assigning the land.
Petition
By this petition, Mendall, LLC seeks a resolution of the Town assigning to Orange
County the exclusive planning and development regulation jurisdiction of the Land. In
making this petition, Mendall, LLC covenants and warrants that parcel number 9787-32-
6186 or its substantial equivalent shall be left as open space in perpetuity for the benefit of
adjoining landowners. Mendall, LLC further covenants and warrants that it shall submit to
Orange County a plan of subdivision substantially as shown on Exhibit B and that any
modifications to such plan as may be required by Orange County shall have easements
sufficient to ensure that every parcel has access to public rights of way and utilities.
Finally, the remaining parcels owned by Mendall, LLC and located in the joint planning
area (9787-32-6398, shown as Lot A on Exhibit B; and 9787-42-0475, shown as Lot B on
Exhibit B) would remain under the concurrent jurisdiction of the Town and Orange County.
The landowner consents to this assignment (Exhibit Q.
Conclusion
Kendall Page, on behalf of Mendall, LLC respectfully requests the proposed
assignment. This will allow for the efficient, sustainable development of the area and
provide to Chapel Hill dedicated open space.
Doc ID: c4a053aoc53b3a848f3f5355cac4Ob219Q63ae91
Exhibit A: Showing Parcel 9787-32-6186 and Jurisdiction Lines Attachment 3 8
17873171:IF '978-742-',Tl I
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September 22, 202TVs map contains parcels prepared for the inventory of real property within Orange County,and is compiled from recorded deed,plats,and other public records and data.
Users of this map are hereby notified thatthe aforementioned public primary information sources should be consulted for verification of the information contained on this map.
PIN: 9787326186 The county and its mapping companies assume no legal responsibility for the information on this map.
OWNER 1: MENDALL LLC SIZE: 4.38A BUILDING COUNT: 1:2,400
OWNER 2: DEED REF: 6698/1272 LAND VALUE: 0 0.02 0.04 0.08 mi
ADDRESS 1: 210 N COLUMBIAST RATECODE: 17 BLDG—VALUE:
ADDRESS 2: TOWNSHIP CHAPEL HILL USE VALUE: $0 0.0325 0.065 0.13 km
CITY: CHAPEL HILL BLDG SQFT- TOTALVALUE:
STATE,ZIP: NC 27514 YEAR BUILT: DATE SOLD: 07/22/2021 ORANGE COUNTY
LEGAL DESC: OPEN SPACE C REV RECOMB MENDALL LLC P123/149 TAX STAMPS: NOIL114 CAROLINA
Exhibit A: Showing Parcel 9787-42-0000 and Jurisdiction Lines g
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November 14,202This map contains parcels prepared for the inventory of real property within(Orange County,and Is compiled from recorded deed, plats,and other public records and data.
Users of this map are hereby notified 1hatthe aforementioned public primary information sources should be consulted for verification of the information contained on this map.
PIN: 9787420000 The county and its mapping companies assume no legal responsibility for the information on this map.
OWNER 1: MENDALL LLC SIZE: 8,81 A BUILDING COUNT: 2 1:1,840
OWNER 2: DEED REF: 6701/512 LAND VALUE: 0 0.015 0.03 0.06 mi
ADDRESS 1: 210 N COLUMBIAST RATECODE: 17 BLDG VALUE:
ADDRESS 2: TOWNSHIP CHAPEL HILL USE VALUE: fl 0.025 0.05 0.1 km
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CITY: CHAPEL HILL BLDG SC2FT: 4719 TOTAL VALUE: :.�"'�
STATE, ZIP: NC 27514 YEAR BUILT: 1954 DATE SOLD: 1/2112021 ORANGE COUNTY
LEGAL DESC: D CHILDRESS PAGE PROPERTIES LLC P121133 TAX STAMPS: NORTIA CARQRIFNA
Exhibit B: Proposed Plan of Subdivision Showing Dedication of Open Space 10
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Attachment 4
11
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
)
)
Petition for Assignment of )
Planning Jurisdiction ) WRITTEN CONSENT OF
(PIN 9787-32-6186 and ) LANDOWNER
9787-42-0000) )
COMES NOW Kendall Page, as the managing member and on behalf of
Mendall, LLC, a North Carolina limited liability company, and does, by
signature below, consent to the assignment of the land having parcel
identification numbers 9787-32-6186 and 9787-42-0000, and being located in
along Home Place Drive near the intersection with Old Lystra Road, to the
exclusive planning and development regulation jurisdiction of Orange County,
North Carolina.
This is the 15th day of November, 2021.
49
Kendall Page
-orMendall, LLC
1
Doc ID: 928fb5744463362980663lb532ed9cb709392f32