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HomeMy WebLinkAboutAgenda - 04-20-2023; C.1 - Amendments to the Joint Planning Land Use Plan – 2106 Mount Carmel Church Road within the Chapel Hill Township 1 ORANGE COUNTY BOARD OF COMMISSIONERS TOWN OF CHAPEL HILL COUNCIL TOWN OF CARRBORO COUNCIL JOINT PLANNING AREA (JPA) JOINT PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: April 20, 2023 Action Agenda Item No. C.1 SUBJECT: Amendments to the Joint Planning Land Use Plan — 2106 Mount Carmel Church Road within the Chapel Hill Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application for Related County Future Perdita Holtz, Deputy Director — Long-Range Land Use Map Amendment and Zoning Planning & Administration, Orange Atlas Amendment (available at link County, (919) 245-2578 below) Cy Stober, Planning Director, Orange County, 2. Staff Report for Related Orange County (919) 245-2592 Future Land Use Map and Zoning Atlas Judy Johnson, Assistant Planning Director, Amendments Town of Chapel Hill, (919) 969-5078 Trish McGuire, Planning Director, Town of 3. Draft Resolution to Amend the Joint Carrboro, (919) 918-7327 Planning Land Use Plan Link to Application (Attachment 1): https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 03082023-1719 PURPOSE: To receive public comment on a proposed amendment to the Joint Planning Land Use Plan to apply the Rural Buffer Land Use designation and assign the "Chapel Hill Joint Development Review Area" (CHJDA) designation to a portion of a parcel (4.66 acres of an 8.14 acre parcel) that was annexed into Orange County from Chatham County in 2021. The parcel is located at 2106 Mount Carmel Church Road (PIN: 9796-29-3144), within the Chapel Hill Township of Orange County. BACKGROUND: In January 2023, Orange County received applications (Attachment 1) to amend the County's Comprehensive Plan's Future Land Use Map and Zoning Atlas to apply Orange County designations to 4.66 acres of an 8.14 acre parcel of property that had been annexed into Orange County, from Chatham County, by the North Carolina Legislature in 2021 (see Session Law 2021-67 contained in Attachment 1). The county line had previously split the parcel, and that area already in Orange County is designated as Rural Buffer land use by the Joint Planning Land Use Plan (JPLUP). The Staff Report in Attachment 2, completed for the related Orange County Future Land Use Map and Zoning Atlas amendments, contains additional information, maps, and analysis. Because this parcel is located within a geographic area subject to the Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan, all three local governments must review and approve amendments to the plan and a joint public hearing of all three elected boards must be held, per Section 2.6(A) of the Joint Planning Agreement (contained in the linked document). 2 The draft Resolution to Amend the Joint Planning Land Use Plan (Attachment 3) is the resolution and accompanying map each governing board will consider for eventual adoption (see below for expected schedule). The Resolution will be tailored somewhat to match the conventions of each of the three governing boards. Review Cadence / Schedule of Actions The Planning Board (or Commission) of each jurisdiction reviews amendments to the JPLUP and makes a recommendation to the governing board (commission or council), following the review cadence of each jurisdiction. In Orange County and Chapel Hill, the Planning Board/Commission reviews projects prior to the formal public hearing. In Carrboro, the Planning Board reviews following the referral of an item by the Town Council. The review cadence for this action is expected to be as follows: Board Date / Expected Date Orange County Planning Board March 8, 2023 (recommendation) (recommended approval — unanimous) Chapel Hill Planning Board March 21, 2023 (recommendation) (recommended approval — unanimous) Joint Public Hearing (elected boards) April 20, 2023 Carrboro Planning Board May 4, 2023 (recommendation) Chapel Hill Council May 10, 2023 (decision) Carrboro Council May 16, 2023 (decision) Orange County Board of Commissioners June 6, 2023 (decision) (last because of related County-only actions) Public Notifications: Notice of the joint public hearing was included in the notice mailed for the related County actions (also being heard on April 20 at a County public hearing; the notification materials are included as an attachment to the materials for the County public hearing item). In accordance with Section 2.8.7 of the County's Unified Development Ordinance (UDO), notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel, including those in Chatham County. These notices were mailed on April 5, 2023 — 15 days before the hearing. Staff also posted the subject parcel with a sign on April 6, 2023 — 14 days before the hearing. Additionally, the required legal advertisement was run in two local newspapers on April 5 and 12. FINANCIAL IMPACT: There is no financial impact in adding recently annexed property to the Joint Planning Land Use Plan. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: 3 • 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 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: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Planning Staffs recommend- 1. The governing boards receive public comment on the proposed amendment to the Joint Planning Land Use Plan. 2. The governing boards close the public hearing. 3. The Carrboro Town Council refer the matter to its Planning Board for a recommendation. 4. The governing boards consider deciding on the matter in accordance with the Review Cadence / Schedule of Actions detailed above in this abstract. Attachment 2 44 Staff Report Zoning Atlas Amendment — Conventional District ORANGE ORANGE NORTH CAROLINA Parcel Information Acinity Map for Amendment Area for PIN 9796z9314q Church Rd. Parcel Address 2016 t. Carmel Chapel Hill 27517 Parcel Identification 9796-29-3144 r I Number (PIN) 1 - - Ch p I HII T ship � 3 5 �.. Mt. Carmel Baptist Church of aj` 1 Applicant Name Chapel Hill, NC 2016 Mt. Carmel Church Rd. =tical � _ and Address BII,�"a�'r�,°�"'p ° - ° Chapel Hill, NC 27517 1- h n 3 I�f Protee.t tea Property Owner carrboro "" of Name and Address Same as Applicant (if different from Applicant) 2 H Rive Lek P t t tl' Prate=«a Charles Gordon Brown PfN:9i96293LM J ETIs r { '�� r I Agent(s) if Brown & Bunch, PLLC TxnsAs —n,ai,r screams «a - __— A , �mllmlls .,,v�r,lpp�h, � s applicable 101 N. Columbia St., Suite 100 Chapel Hill, NC 27514 Parcel Size 4.6623 acres — affected area Adopted Future Land Use Map with Parcel 9796293144 Depicted 8.1353 acres —total parcel Future Land Use None — newly annexed land from Map (FLUM) Chatham County. — Designation Portion of parcel that has always \ Jordan Lake Protected been within Orange County is \ y designated Rural Buffer , FLUM Overlay(s) Resource Protection Area 9T9fi29916G (on northern portion of parcel not -----------��-`--- included in proposed action) Growth Management Rural System Designation Definition of FLUM No existing designation for subject Designation area. (from Article 10 of Rural Buffer definition: =PIN 9T9n293,51 UDO) Pr tl„antAe Designated lands in the i_!werar sip=iy ve.reraheaa Comprehensive Plan that are p �,>~erer eotli9 Pb1ic'Inleres'.Ai'as adjacent to an urban or transition F R I,d ..c-gvi. Future Lentl Use Calepones area that is rural in character and Pals which should remain rural and not require urban services. 1 : . ,,r, None— newly annexed land zoningAmendmentforPIN479bz93�44 _ from Chatham County. . Current Zoning [Land was zoned "Residential District District 1" (R-1) (Chatham County regulations) prior to �oaaL ka P being annexed into Orange ' County.] Requested Zoning srsssss�es _« District RB (Rural Buffer) orange-county 1 [haham County Requested Zoning District Consistent with Appendix F of 2030 Yes Comprehensive Plan Existing Zoning None— newly annexed land oP.9'dA- from Chatham County. Proased FnardinantArea Overlay Districts S.ree ms _rh'eler Bodias Cnty 6unds ���!M1'arr-i Spal'Nelershsds E Amendments Ra _ra. area will be within the Proposed for Yes Overlay Districts Jordan Lake Protected (Y/N) Watershed Overlay District 2 Surrounding Land Uses and Zoning Aerial Image with AmendrI Area Outline d North Church building is located on the northern portion of the parcel. A single-family \, residence on a 1.73 acre parcel is located to the north of the Church's parcel. y All are zoned RB (Rural Buffer). South Multi-story attached residences associated with Carolina Meadows Retirement ` Community. 4. Rd 4 Chatham County R-1 zoning. � y -A ` [' '� '�''` East Attached residences (quadplexes) associated t e with Carolina Meadows Retirement Community. - , Chatham County R-1 zoning. West Single-family residences on lots ranging from 1 to 4 acres in size. . Chatham County R-1 zoning. Existing Roads -_,�, ,Y Q PIN'.97M29$798298'Ic4 North None South None East None West Mt. Carmel Church Rd. Existing Conditions/Physical Features The affected portion of the parcel currently supports a large, flat, grassed field that appears to be used for field sports such as soccer; a gravel parking area; a fenced community garden; and a fenced children's playground. These uses occupy most of the affected area. Public Water and Sewer The Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) does not designate this area as a Primary Service Area for water and sewer services. As such, private well and septic systems are used in this area. 3 Review Milestones Application Submittal Date January 11, 2023, with clarifying information received January 30, 2023 Orange County Development February 16, 2023 Advisory Committee (DAC) Review Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Joint Planning Review The subject parcel is located in a portion of the county included in the Orange-County— r;haDel Hill — Carrboro Joint Planning Land Use Plan. All three jurisdictions must approve amendments to the Land Use Map, following a joint public hearing by all three governing bodies. The date for the joint public hearing is still to be determined but is expected to be on either April 20, May 4, or May 30. Jurisdiction Anticipated Planning Board Anticipated Governing Review Date Board Decision Date Orange County March 8, 2023 After Joint Public Hearing Town of Chapel Hill March 21, 2023 After Joint Public Hearing Town of Carrboro After Joint Public Hearing After Joint Public Hearing Analysis Staff Analysis As required under Section 2.8.5 of the LIDO, the Planning Director shall cause an analysis to be made of the application. In analyzing this request, the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO; 2. The proposal appears consistent with the various goals outlined within the Orange County Comprehensive Plan concerning development, including: a. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. b. Objective LU-2.1: Maintain the rural, low-density land surrounding Chapel Hill and Carrboro Transition Areas as Rural Buffer land, as designated on the Future Land Use Map. Future consideration should be given to designating Rural Buffer areas around other municipalities where such interest exists. The proposal is consistent with this goal and objective because it will assign a Zoning district for the first time to property that was annexed into Orange County. The proposed RB (Rural Buffer) Zoning district is consistent with adjacent and nearby properties. 4 3. The proposal appears consistent with the Orange County— Chapel Hill — Carrboro Joint Planning Land Use Plan. Specifically, the Land Use Plan amendment will apply the "Rural Buffer" land use classification to a portion of a parcel that was annexed into Orange County, from Chatham County, in 2021. The Rural Buffer classification is consistent with adjoining and nearby lands in Orange County. 5 Resolution#: RES-2023-031 Attachment 3 9 A RESOLUTION AMENDING THE ORANGE COUNTY— CHAPEL HILL — CARRBORO JOINT PLANNING LAND USE PLAN TO ADD 4.66 ACRES TO THE RURAL BUFFER WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro have engaged in a cooperative planning effort detailed within the Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan (hereafter `Joint Planning Land Use Plan'), adopted October 13, 1986, and amended from time to time, and WHEREAS, on June 30, 2021, North Carolina Session Law 2021-67 annexed 4.66 acres of land from Chatham County into Orange County, and WHEREAS, a Land Use classification and a Zoning district must be applied to the annexed property by Orange County, and WHEREAS, the property owner has filed applications to amend the Orange County Comprehensive Plan's Future Land Use Map and the Zoning Atlas to affix the "Rural Buffer" Land use classification and RB (Rural Buffer) zoning district to the property, and WHEREAS, the annexed property is part of a parcel of land subject to the Joint Planning Land Use Plan and staff has determined that it should be added to said Plan for continuity and regulatory purposes, and WHEREAS, Section 2.6.A of the Joint Planning Agreement, which is part of the Joint Planning Land Use Plan, requires that amendments to the Joint Planning Area Land Use Map must be adopted by all parties to the Joint Planning Land Use Plan, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan amendment was held on April 20, 2023, in accordance with the requirements of the Joint Planning Agreement. NOW THEREFORE, the Board of Commissioners of Orange County hereby resolves that the Joint Planning Land Use Plan be amended as shown on the attached page. BE IT FURTHER RESOLVED THAT the amendment to the Joint Planning Land Use Plan shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this day of ) 2023. 10 I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2023 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2023. SEAL Clerk to the Board of Commissioners Orange County-Chapel Hill-Carrboro Joint Planning AreA Proposed Land Use Plan and Joint Review Area Amendments �O P� �Q MT CgRMEI CNV RCN RD MANGUM C7 Rural Buffer ,P�c 1N0MPS DR C H J DA 9796293144 0 0 u 0 u o Q PIN: 9796293144 j Proposed Amendment Area Rural Buffer N 1 in=500 feet ORANGE Feet rn Orange County Boundary COUNTY o 500 Planning and Inspections Department(BC) Parcels 2/7/2023 O:\GIS Workspace\Projects\Mt Carmel Baptist Church\Mt Carmel Baptist Church.aprx\Orange County-Chapel Hill-Carrboro Joint Planning Area Proposed Amendment