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Home My WebLink AboutAgenda - 04-20-2023; E.1 - Application for Amendments to the 2030 Comprehensive Plan’s Future Land Use Map and Zoning Atlas – 2106 Mount Carmel Church Road within the Chapel Hill Township 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 20, 2023 Action Agenda Item No. E.1 SUBJECT: Application for Amendments to the 2030 Comprehensive Plan's Future Land Use Map and Zoning Atlas — 2106 Mount Carmel Church Road within the Chapel Hill Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application (available at link below) Perdita Holtz, Deputy Director— Long-Range 2. Staff Report Planning & Administration, (919) 245-2578 Cy Stober, Director, (919) 245-2592 3. Notification Materials and Certification 4. Excerpt of Approved Planning Board Minutes and Signed Statement of Consistency 5. Statement of Consistency 6. Ordinance to Amend the Orange County Comprehensive Plan and Zoning Atlas Link to Application: https://www.orangecountVnc.gov/AgendaCenter/ViewFile/Agenda/ 03082023-1719 PURPOSE: To hold a public hearing, receive the Planning Board/staff recommendation and public comment, close the public hearing, and defer action to a later date on applicant-initiated amendments to the 2030 Comprehensive Plan's Future Land Use Map and Zoning Atlas to apply the Rural Buffer (RB) Land Use classification and Zoning district 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, an application (Attachment 1) was received proposing to amend the Comprehensive Plan's Future Land Use Map and the Zoning Atlas. In 2021, Session Law 2021-67 (contained in Attachment 1) annexed 4.66 acres of an 8.14 acre parcel of property into Orange County, from Chatham County. The county line had previously split the parcel, and that area already in Orange County is zoned RB and designated as Rural Buffer land use classification on the Future Land Use Map. The Staff Report in Attachment 2 contains additional information, maps, and analysis. Because this parcel is located within an area of the county 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. This is a related action on the April 20 public hearing agenda. 2 Basic Review Process: The cadence for review of this application is: • FIRST ACTION — Submission of an application with required supporting documents by the property owner. Staff Comment — The applicant submitted an application and documents on January 12, 2023 and clarifying information was submitted on January 30. • SECOND ACTION — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. Staff Comment — The Planning Board reviewed the applications on March 8, 2023. • THIRD ACTION — The BOCC receives the Planning Board and staff recommendations at an advertised public hearing. Staff Comment — The public hearing is scheduled for April 20, 2023. Generally, the BOCC considers a decision at the conclusion the hearing but, because there is a related amendment to the Joint Planning Land Use Plan that has a different review cadence, a decision will be deferred to a subsequent BOCC meeting date. Conventional District Rezoning: Zoning promotes development of land uses that can co-exist in proximity to one another consistent with the promotion of the public health, safety, and general welfare. Regulations establish opportunities/constraints associated with land development in an attempt to ensure one person's `reasonable use' of property does not impact another person's ability to make reasonable use of their property. The RB (Rural Buffer) zoning district is a "conventional district". As such, the applicant is not required to define what type of development or land use is anticipated. If approved, all land uses permitted within the RB district could be developed on the property, consistent with applicable regulations. The current religious use of the property conforms with the RB zoning district standards. Conventional district rezoning applications are legislative decisions based on the BOCC's determination as to whether the request is reasonable and in the public interest and consistent with the purpose and intent of the Comprehensive Plan. A formal site plan, reviewed and approved by staff in accordance with Section 2.5 of the Unified Development Ordinance (UDO), must be submitted and approved prior to any new development activity on the parcel. The property's current land use does not introduce any non-conformities to the county. Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. 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. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the proposed amendments at its March 8, 2023 regular meeting. At this meeting the Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 5) and the proposed Ordinance (Attachment 6). Excerpts of the minutes from the meeting, as well as the Board's signed statement of consistency, are included in Attachment 4. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. 3 Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Consistency (Attachment 5) indicating the Zoning Atlas amendment is reasonable and in the public interest. 2. Ordinance amending the Orange County Comprehensive Plan's Future Land Use Map and Zoning Atlas, as contained in Attachment 6. FINANCIAL IMPACT: This request has been reviewed by various County departments which have determined that the approval of the request would not create the need for additional funding for the provision of County services. Costs associated with advertising, including meeting and public hearing notice and mailings, are covered by the application fee. 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 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: The Manager recommends the Board: 1) Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2) Close the public hearing; and 3) Defer a decision on the applications until the Board's June 6, 2023 Business meeting to allow for conclusion of the review cadence for the related amendment to the Joint Planning Land Use Plan. Attachment 2 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 o r m I Parcel Identification 9796-29-3144 r I Number (PIN) , - - Ch p I HiII T ship � 3 5 �.. Mt. Carmel Baptist Church of 1 Applicant Name Chapel Hill, NC and Address 2016 Mt. Carmel Church Rd. BI "an'r.,°"'p Chapel Hill, NC 27517 �p 4 �k=Pr.t=et ed ast-t � Property Owner i " carrboro "" of Name and Address Same as Applicant (if different from �'X Applicant) 2 H Rive t P t Lek tl' Pr=te=«a � Charles Gordon Brown PfN:9i96293LM J ETIs r { '�� r I a ` Agent(s) if Brown & Bunch, PLLC THsbs —n,ai,r screams « - __— A , �mllmlls .,,v�r,lpP�t, � 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) tl„antAe Designated lands in the r" werar sip=iy—heaa Comprehensive Plan that are p �,>~erer e=tli9 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 None— newly annexed land Zoning Amendment for PIN9796293144 _ 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 Amendment Area Outlined 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. Rd 4 Chatham County R-1 zoning. East Attached residences (quadplexes) associated t e with Carolina Meadows Retirement Community. 14 W 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 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 9 �1 Attachment 3 ORANGE COUNTY NORTH C:AROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1 919.245.2575 CERTIFICATION OF MAILING COMPREHENSIVE PLAN FUTURE LAND USE MAP AND ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Perdita Holtz, Deputy Director, Long-Range Planning &Administration, with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Sections 2.3.5 and and 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of the Public Hearing to be held regarding Future Land Use Map and Zoning Atlas amendments proposing to apply a Land Use classification and Zoning district for the first time to a portion of a parcel of property located at 2106 Mount Carmel Church Road, within the Chapel Hill Township of Orange County (PIN 9796-29-3144). The owners were identified according to the Tax Records, as required by Sections 2.3.5 and 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 5' day of April 2023. Perdita Holtz, AICP Deputy Director, Long-Range Planning & Administration 10 �1 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 919-245-2575 April 5, 2023 NOTICE OF PUBLIC HEARING Dear Property Owner: This notice is to inform you of the April 20, 2023, public hearing, at which an application to amend three regulatory documents will be reviewed. The review is in connection to applications to apply an Orange County Land Use classification and Zoning district for the first time to property that was annexed into Orange County from Chatham County. The subject property is 4.66 acres of an 8.14 acre parcel at 2106 Mount Carmel Church Road, Chapel Hill (PIN: 9796-29-3144). This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO). You are receiving this notice because you own property located within 1,000-feet of the affected parcel. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. The regulatory documents proposed for amendment are: 1. The Orange County— Chapel Hill — Carrboro Joint Planning Land Use Plan 2. The Orange County Comprehensive Plan — Future Land Use Map 3. The Orange County Zoning Atlas Property Information Parcel ID Number(PIN) 9796-29-3144 Owner/Applicant Mount Carmel Baptist Church of Chapel Hill, North Carolina Agent Charles Gordon Brown of Brown & Bunch, PLLC Location 2106 Mount Carmel Church Rd., Chapel Hill, NC 27517 Acreage +/-4.66 acres of an +/-8.14 acre parcel Current Land Use None for the 4.66 annexed acres; the remainder of the parcel is Designation designated Rural Buffer Current Zoning None for the 4.66 annexed acres; the remainder of the parcel is zoned RB (Rural Buffer) Watershed Designation None for the 4.66 annexed acres, but located in the Jordan Lake Protected Watershed 11 The requested designations for the Joint Land Use Plan and Orange County Future Land Use Map is "Rural Buffer." The requested zoning district is RB (Rural Buffer). Additionally, the Jordan Lake Protected Watershed zoning overlay district will be applied due to the property's location within the protected watershed. Additional information is available on the Orange County Planning Department's website: https://www.orangecountync.gov/3038/Active-Development-Projects The public hearing will begin at 7:00 p.m. on April 20, 2023, at the Whitted Meeting Facility (300 West Tryon Street, Hillsborough, NC). There will be two agenda items regarding the proposed amendments: • A Joint Public Hearing by the elected officials of Orange County, Chapel Hill, and Carrboro on the Joint Planning Land Use Plan; • A County Public Hearing on the Comprehensive Plan Future Land Use Map and Zoning Atlas. All interested persons are invited to address the Boards with their comments regarding the applications. The Orange County Planning Board and Chapel Hill Planning Commission reviewed the proposed amendments at their respective March meetings and both advisory boards voted unanimously to recommend approval of the proposed amendments. The Carrboro Planning Board will review the amendments at a meeting after the public hearing and make its recommendation at that time. If you cannot attend the Public Hearing and the website does not answer your questions about the applications, you may call (919) 245-2575 during regular business hours and you will be directed to a staff person who can assist you. Sincerely, Cy Sto r Planning & Inspections Director Enclosures (3 maps and Aerial Image of Meeting Location) Whitted Building (300 W. Tryon St.) - Public Hearing Lddation *-K ,yam.. r S _ - • - rE. y,_.ON r. U) �- W _ - S U) a 7£N i Whitted } Building :.. 7: W TRYON ST . „ Y .. ir } w tin-100 feet r { o so .. �• f,[ m Feet ov Orange County Planning and Inspections �r ' .t 4 1 ' Brian Carson(5/8/2015) Orange County-Chapel Hill-Carrboro Joint Planning Area Proposed Land Use Plan and Joint Review Area Amendments �O P� �Q MT cgRMEI CHURCH RD IVII I C7 Rural Buffer ,P�c 1NOMNS 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 couNT. o 500 Pla ni nng 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 Adopted Future Land Use Map with Parcel 9796293144 Depicted MT CgRME`CHURCH R p -MANGUM_CT Jordan Lake Protected �pV SH�MAS pR 9796293144 Z Z Q PIN: 9796293144 Proposed Amendment Area County Boundary Water Supply Watersheds Streams - Water Bodies - Public Interest Areas Resource Protection Areas N i in=500 feet ORANGE Feet Future Land Use Categories COUNTY 0 500 Planning and Inspections Department(BC) Rural Buffer 2i6i2023 O:\GIS Workspace\Projects\Mt Carmel Baptist Church\Mt Carmel Baptist Church.aprx\Adopted Future Land Use Map with Parcel 9796293144 Depicted G R A N G E 15 Zonin.&_Amendment for PIN 9796293144 4 MT CgRMEI CHURCH Rp -MANGUM_CT Jordan Lake Pr ,PV SHoMPs pR 9796293144 Orange County l�M� Chatham County 0 PIN: 9796293144 Proposed Amendment Area Streams - Water Bodies r_ County Boundary ram! Water Supply Watersheds Zoning �� N 1 in=500 feet '�` ORANGE Feet - EC5 couNTr 500 No Planning and Inspections Department(BC) RB 2/6/2023 O:\GIS Workspace\Projects\Mt Carmel Baptist Church\Mt Carmel Baptist Church.aprx\Zoning Amendment for PIN 9796293144 O RAN G E COU NTY 16 PIN 9796293144 Notification Map SPARROW RUN LN i I T CAR MEl-CHU-- � RCy BD MANGUM-CS i i i i i JAY �NpMAS-DR orange County Chatham County 0 ® PIN: 9796293144 r- County Boundary 1,000 Foot Notification Area p �\ Chatham County Notification Parcels N 1 in=700 feet ORANGE Feet 0 Orange County Notification Parcels �® COUNTY 0 J00 C Planning and Inspections Department(BC) Parcels 1/17/2023 O:\GIS Workspace\Projects\Zoning\Rezoning\PIN 9796293144\PIN 9796293144.aprx\PIN 9796293144 Notification Map 17 PIN OWNERI_FIRST OWNERI_LAST OWNER2_FIRST OWNER2_LAST ADDRESSI CITY STATE ZIPCODE 9796196140 CHAPEL HILL NORTH CAROLINA INC MOUNT CARMEL BAPTIST CHURCH OF 2016 MT CARMEL CHURCH RD CHAPEL HILL NC 27514 9797203235 SAVANNAH L LABO CHRISTOPHER T LABO 1916 MT CARMEL CHURCH RD CHAPEL HILL NC 27517 9797207475 THERESA C ARICO 2001 MANGUM CT CHAPEL HILL NC 275149234 9796098770 CAROL P TRUSTEE ET AL WILLIAMS CLARA R TRUSTEE ROSS 109 W FRANKLIN ST SUITE 1 ROCKINGHAM NC 28379 9796194308<Null> MOUNT CARMEL BAPTIST CHURCH <Null> <Null> 2016 MT CARMEL CHURCH RD CHAPEL HILL NC 27514 9796290405 CHAPEL HILL INC INC MOUNT CARMEL BAPTIST CHURCH OF <Null> <Null> 2016 MT CARMEL CHURCH RD CHAPEL HILL NC 27514 9796293144 CHAPEL HILL INC INC MOUNT CARMEL BAPTIST CH OF <Null> <Null> 2016 MT CARMEL CHURCH RD CHAPEL HILL NC 27517 9796290637 FREDERICK RAY HUBBARD KAREN SUMMERVILLE HUBBARD 1937 MT CARMEL CHURCH RD CHAPEL HILL NC 27517 9796291368 CHAPEL HILL INC INC MOUNT CARMEL BAPTIST CHURCH OF <Null> <Null> 2016 MT CARMEL CHURCH RD CHAPEL HILL NC 27514 9796292414<Null> L SHORT LLC <Null> <Null> P 0 BOX 150 CHAPEL HILL NC 27514 9797107003 CHARLES C III DANIEL MYRA DANIEL 222 ROBERTSON RD ROXBORO NC 275748510 9797207103 LARRY T SHORT 2002 MT CARMEL CH RD CHAPEL HILL NC 27517 9797208593 THERESA C ARICO 2001 MANGUM CT CHAPEL HILL NC 275149234 9796199911 NORMAN JAMES HORTON 1923 MT CARMEL CH RD CHAPEL HILL NC 27514 9796281089 WILLIAM D GOODRICH 1175 MT CARMEL CHURCH RD CHAPEL HILL NC 27517 9796383969 MEADOWS CAROLINA 100 CAROLINA MEADOWS CHAPEL HILL NC 275178505 9796396529<Null> L SHORT LLC <Null> <Null> P 0 BOX 150 CHAPEL HILL NC 27514 9797205340 PEDRO RAMIREZ ET AL BARTOLO <Null> <Null> 1931 MANGUM CT CHAPEL HILL NC 27517 9797401314<Null> BUCKNER FAMIY FARM TRUST <Null> <Null> 109 W FRANKLIN STSUITE 1 ROCKINGHAM NC 283793543 18 Full_AKPAF OwnerNamel OwnerName2 OwnerAddre OwnerAdd OwnerCity OwnerStat OwnerZip 19387 CORVERA NERIZ FIDEL 1145 MOUNT CARMEL CHURCH RD CHAPEL HII NC 27517-8031 19408 CAROLINA MEADOWS INC 100 CAROLINA MDWS CHAPEL HII NC 27517-850' 19409 CAROLINA MEADOWS INC 100 CAROLINA MDWS CHAPEL HII NC 27517-850' 19410 CAROLINA MEADOWS INC 100 CAROLINA MDWS CHAPEL HII NC 27517-850' 19413 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 20039 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 64734 CAROLINA MEADOWS INC 100 CAROLINA MDWS CHAPEL HII NC 27517-850' 72756 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 76273 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 73471 CSP COMMUNITY OWNER LP PO BOX 27329 HOUSTON TX 77227 77726 UNITED STATES OF AMERICA C/O US ARMY CORPS OF ENGINEERS PO BOX 14 MONCURE NC 27559-014, 20042 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-850! 64812 MCCAMPBELL ROCKY MCCAMPBELL KIMBERLEIGH 11310 GOVERNORS DR CHAPEL HII NC 27517 20041 CHEEK BEN FORD 1130 MADISON WOMBLE WAY CHAPEL HII NC 27514 93487 SPARROW CAROL C 204 GRADUATE CT DURHAM NC 27713-6021. 20037 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 93488 CHEEK BEN FORD 1130 MADISON WOMBLE WAY CHAPEL HII NC 27514 19423 SPARROW CAROL C 204 GRADUATE CT DURHAM NC 27713-6021. 20040 TCG SINGER ENTERPRISES FUND 1 LP 9073 NEMO ST WEST HOLI CA 90069-551 60693 CARLYLE GROUP INC THE 9073 NEMO ST LOS ANGEL CA 90069 20048 CHEEK BEN FORD 1130 MADISON WOMBLE WAY CHAPEL HII NC 27514 63618 CARLYLE GROUP INC THE 9073 NEMO ST LOS ANGEL CA 90069 20033 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 74450 CAROLINA MEADOWS INC 100 CAROLINA MEADOWS CHAPEL HII NC 27517-8501. 19 Pictures of Posted Notification Signfor • • (posted April • 2023) VI �as ss�a.::rsr c ' 20 NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO TOWN COUNCIL The Orange County Board of Commissioners and Town Councils of Chapel Hill and Carrboro will hold a joint public hearing at the Whitted Meeting Facility, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Thursday, April 20, 2023 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the following item: 1. Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan Amendment: In accordance with the provisions of Section 2.6(A) of the Joint Planning Agreement, an amendment to add 4.66 acres of an 8.14 acre parcel to the Joint Planning Area Land Use Plan has been proposed as a result of North Carolina Legislative action that annexed the property into Orange County from Chatham County (Session Law 2021-67). The property is located at 2106 Mount Carmel Church Road, within Chapel Hill Township. The Parcel Identification Number (PIN) is 9796-29-3144. The proposed land use classification is Rural Buffer. The Chapel Hill Joint Development Review Area (CHJDA) designation is proposed to be applied to the annexed acreage. The Orange County Planning Board reviewed the proposed amendment at its March 8, 2023 regular meeting and voted unanimously to recommend approval of the amendment. Agenda materials from this meeting can be viewed at: https://www.orangecountync.gov/AgendaCenter/Planning-Board-26. The Chapel Hill Planning Commission reviewed the proposed amendment at its March 21 regular meeting and voted unanimously to recommend approval of the amendment. Agenda materials from this meeting can be viewed at: https://www.townofchapelhill.org/Home/Components/Calendar/Event/20638/15 The Town of Carrboro's review process includes its Planning Board after the public hearing so a recommendation has not yet be made by this Board. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. The full text of the joint public hearing item may be obtained no later than April 14, 2023 on the County website (www.orangecountync.gov) at the County Commissioners Agendas link. Information is also available from the Orange County Planning Department (contact information below). Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 and you will be directed to a staff member who will answer your questions or you may e-mail questions to planningdept@orangecountync.gov. 1 21 If you cannot attend the hearing in person, written comments to the Board of County Commissioners can be sent via e-mail to ocbocc@orangecountync.gov. Written comments can also be dropped off at the Planning Department offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal office hours or mailed to the Planning Department at P.O. Box 8181, Hillsborough, NC 27278. All written comments are considered public records and are subject to public disclosure. Interpreter services and/or special sound equipment are available on request by calling the County Clerk's Office at (919) 245-2130. If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager's Office at (919) 245-2300 or TDD# 919-644-3045. PUBLISH: The Herald Sun News of Orange April 5, 2023 April 5, 2023 April 12, 2023 April 12, 2023 2 22 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS The Orange County Board of Commissioners will hold a public hearing at the Whitted Meeting Facility, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Thursday, April 20, 2023 at 7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the following item: 1. Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments: In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, an applicant has applied to have a land use classification and zoning district affixed to 4.66 acres of an 8.14 acre parcel that were annexed into Orange County, from Chatham County, by North Carolina Legislative action (Session Law 2021-67). The property is located at 2106 Mount Carmel Church Road, within Chapel Hill Township. The Parcel Identification Number (PIN) is 9796-29-3144. Proposed land use classification: Rural Buffer Proposed zoning district: RB (Rural Buffer) Proposed zoning overlay district: Jordan Lake Protected Watershed Additional information regarding the applications (MA23-0001 and MA23-0002) is available at: https://www.orangecountync.gov/3038/Active-Development-Projects The Orange County Planning Board reviewed the proposed amendments at its March 8, 2023 regular meeting and voted unanimously to recommend approval of the amendment. Agenda materials from this meeting can be viewed at: https://www.orangecountync.gov/AgendaCenter/Planning-Board-26. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. The full text of the joint public hearing item may be obtained no later than April 14, 2023 on the County website (www.orangecountync.gov) at the County Commissioners Agendas link. Information is also available from the Orange County Planning Department (contact information below). Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 and you will be directed to a staff member who will answer your questions or you may e-mail questions to planningdept@orangecountync.gov. If you cannot attend the hearing in person, written comments to the Board of County Commissioners can be sent via e-mail to ocbocc@orangecountync.gov. Written 1 23 comments can also be dropped off at the Planning Department offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal office hours or mailed to the Planning Department at P.O. Box 8181, Hillsborough, NC 27278. All written comments are considered public records and are subject to public disclosure. Interpreter services and/or special sound equipment are available on request by calling the County Clerk's Office at (919) 245-2130. If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager's Office at (919) 245-2300 or TDD# 919-644-3045. PUBLISH: The Herald Sun News of Orange April 5, 2023 April 5, 2023 April 12, 2023 April 12, 2023 2 24 Excerpt of Approved Approved 4-5-23 1 Minutes MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MARCH 8,2023 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 7 Cheeks Township Representative; David Blankfard, Hillsborough Township Representative; Melissa Poole, Little River 8 Township Representative; Beth Bronson,At-Large Representative; Randy Marshall,At-Large Representative; Charity 9 Kirk,At-Large Representative; Susan Hunter, Chapel Hill Township Representative; Statler Gilfillen, Eno Township 10 Representative; Whitney Watson,At-Large Representative; Delores Bailey, At-Large Representative; Steve Kaufmann, 11 Bingham Township Representative; 12 13 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Deputy Director—Long Range Planning and 14 Administration; Patrick Mallett, Deputy Director; Development Services Division Taylor Perschau, Current Planning and 15 Zoning Supervisor; Brian Collie, Planner II; Tina Love,Administrative Support 16 17 OTHERS PRESENT:George Barnes,Applicant; Bob Hornik,Attorney for Applicant; Brent Purdum, Engineer/Architect; 18 Vernon Davis, Property Owner; Preston Mason, Rob Jamison, John Cecil, Pat Cecil, Susan Walser, Marilee McTigue, 19 Steve 0'Daniel, Carol Rigsbee, Deanna Smith, Greg Tilley, Sally Jo Slushen, Chris McCord, Diantha Rau, Jessica 20 Ostrowski, Sadie Rapp, Isa Cheren, Elly Schopler,Amanda Griffin, John Griffin, Peter Moyers, Katie Engel, Tony Blake, 21 Jayne Jackson, Robert Pollock,Jake Bialos, Rev, Cory Oliver, Tammre Lindsey, Rebecca Teer, Chris Hagenberger, 22 Jesus Bravo, Lisa Dumain, Eric Dumain, Dr.Anndal Narayanan, Kevin Reese, Clare Steech-Julich, 23 24 25 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 26 Chair Adam Beeman called the meeting to order 27 28 29 ******************************************* 30 31 AGENDA ITEM 8: PROPOSED AMENDMENT(ADDITION)TO THE ORANGE COUNTY—CHAPEL HILL—CARRBORO JOINT 32 PLANNING LAND USE PLAN(JPLUP),THE ORANGE COUNTY COMPREHENSIVE FUTURE LAND USE MAP 33 (FLUM),AND THE ORANGE COUNTY ZONING ATLAS- To review and make a recommendation to the 34 BOCC on an applicant-initiated amendment to the JPLUP, FLUM, and Zoning Atlas to apply a Land 35 Use classification and Zoning District to a portion of a parcel that was annexed into Orange County 36 from Chatham County in 2021. The annexed portion is 4.66 acres in size; the full parcel is 8.14 acres. 37 The requested Land Use classification is Rural Buffer and the requested Zoning district is RB (Rural 38 Buffer). 39 40 The parcel's address is 2106 Mount Carmel Church Road in the Chapel Hill Township(PIN 9796-29- 41 3144). A joint public hearing will be scheduled for this item, date is to be determined. 42 43 PRESENTER: Perdita Holtz, Deputy Director—Long Range Planning and Administration 44 45 Perdita Holtz reviewed the proposed amendments then answered questions. 46 47 Applicant Gordon Brown, Chapel Hill attorney representing Mt. Carmel Baptist Church, gave brief comments about the 48 history of the church property. The property, before 1777 was considered Orange County. Then it was changed to 49 Chatham County. Two hundred forty-four years later it changed back to Orange County but was unzoned at that time. It 50 has been difficult at times to do everyday projects or building projects and deal with two jurisdictions. The property is 51 4.66 acres and has been in continuous church use. There will be no change to the regular use of the church. 52 53 Charity Kirk: I'm just curious why you are trying to get into Orange County rather than Chatham County, because it 54 seems like the zoning is easier in Chatham. 55 25 Approved 4-5-23 56 Gordon Brown: The church picked Orange. Most of its physical facility is in Orange and has been. 57 Charity Kirk: Now there's going to be this strange bump on the county line. I was just wondering why Orange County was 58 the choice rather than Chatham. 59 60 Gordon Brown: They just chose Orange. 61 62 Charity Kirk: Okay,trying to consolidate into a single county. 63 64 Gordon Brown:Yes, in the Mother County. 65 66 Charity Kirk: Okay. 67 68 Beth Bronson: I just wanted to confirm if you had applied for a building program in Chatham County? 69 70 Gordon Brown: No.There's no building program applied for now. There's got to be planning and fundraising and lots of 71 stuff.There's lots going on, but nothing happens before it comes back through this county, assuming we get zoned. If 72 you're not zoned, you don't take the next step, right? 73 74 Beth Bronson- I was just wondering what's the congregation membership? 75 76 Ralph Taylor, Church Committees member:The membership is 400-500 with normal Sunday attendance around 200. 77 78 Delores Bailey: Why is Carrboro involved in this? 79 80 Perdita Holtz: Because Carrboro is part of the Joint Planning Land Use Plan which is an agreement between three local 81 governments, Orange County, Chapel Hill, and Carrboro.Any land use map amendment has to be approved by all three 82 local governments. 83 84 Perdita Holtz:The Planning Director's recommendation is to receive the multi-part application, to deliberate on the 85 proposal as desired, consider the Planning Director's recommendation, and to make a recommendation to the County 86 Commissioners on the three documents,Attachments 4, 5&6. 87 88 MOTION BY Charity Kirk to approve the Resolution to Amend the Joint Planning Land Use Plan, the Statement of 89 Consistency indicating the zoning atlas amendment is reasonable and in the public interest and the Ordinance amending 90 the Orange County Comprehensive Plan's Future Land Use Map and Zoning Atlas. Seconded by Statler Gilfillen. 91 MOTION PASSED UNANIMOUSLY 92 93 ******************************************** 26 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) 9796-29- None 3144 Mount Carmel (property was • RB (Rural Buffer) Chapel Baptist Church annexed into • Jordan Lake (4.66 acres Hill of Chapel Hill, Orange County Protected Watershed of 8.14 acre North Carolina from Chatham Overlay District parcel) County) The Planning Board hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment— Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it supports the following: • 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. • 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 amendment 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. 27 d. The amendment is also consistent with the adopted Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan which established the area in which the property is located as "Rural Buffer". e. The amendment is reasonable and in the public interest because it assigns a Zoning district for the first time to property that was annexed into Orange County; the proposed Zoning district is consistent with adjacent and nearby properties. The Planning Board hereby adopts this Statement of Consistency and the findings expressed herein and recommends the Board of County Commissioners consider adoption of the proposed Zoning Atlas Amendment. -� 462144' � 0 20a3 Adam Beeman, Chair Date Attachment 5 28 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS MAP AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) 9796-29- None 3144 Mount Carmel (property was • RB (Rural Buffer) Chapel Baptist Church annexed into • Jordan Lake (4.66 acres Hill of Chapel Hill, Orange County Protected Watershed of 8.14 acre North Carolina from Chatham Overlay District parcel) County) The Board of County Commissioners hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the LIDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1 .7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment— Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it supports the following: • 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. • 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 amendment 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. 29 d. The amendment is also consistent with the adopted Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan which established the area in which the property is located as "Rural Buffer". e. The amendment is reasonable and in the public interest because it assigns a Zoning district for the first time to property that was annexed into Orange County; the proposed Zoning district is consistent with adjacent and nearby properties. The Board of County Commissioners hereby adopts this Statement of Consistency and the findings expressed herein. Jamezetta Bedford, Chair Date 30 6 Ordinance#: ORD-2023-019 Attachment AN ORDINANCE AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP AND THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed applications seeking to amend the Orange County Comprehensive Plan's Future Land Use Map and the Orange County Zoning Atlas, as established in Sections 1.7 and 1.2, respectively, of the Orange County Unified Development Ordinance (UDO), and WHEREAS, these applications seek to establish an Orange County Land Use classification and Zoning district for the first time on property annexed into Orange County on June 30, 2021, via North Carolina Session Law 2021-67, and WHEREAS, the annexed piece of property is 4.66 acres of an 8.14 acre parcel of property with Parcel Identification Number (PIN) 9796-29-3144, and WHEREAS, the annexed piece of property is described as: Formerly lying and being in Williams Township, Chatham County, North Carolina, and now lying and being in Chapel Hill Township, Orange County, North Carolina, and described more fully as follows: BEGINNING at an iron pipe set, a new corner for Chatham — Orange County, in the western property line of Carolina Meadows, Inc., (Deed Book 477, Page 8 Chatham County Registry) bearing NAD 83 (2011) N.C. Grid Coordinate values of North 768,963.87 U.S. survey feet, East 1,992,521.14 U.S. survey feet; thence with Carolina Meadows, Inc., South 010 52' 01" East, 532.37 feet to an existing concrete monument with a broken top, a new corner for Chatham — Orange County, also being a corner of Carolina Meadows, Inc., (Deed Book, 706, Page 237 Chatham County Registry); thence with Carolina Meadows, Inc. South 880 08' 00" West, 384.37 feet to a disturbed existing iron pipe (reset), a new corner for Chatham — Orange County, on or near the eastern maintenance right of way line of Mt. Carmel Church Road (NCSR 1008); thence North 010 51' 57" West, 524.41 feet to an iron pipe set, a new corner for Chatham — Orange County, on or near the eastern maintenance right of way line of Mt. Carmel Church Road (NCSR 1008); thence with the former county line North 87' 40' 20" East, 0.80 feet to former county line monument #3 as shown on Plat Slide 2004-425, Chatham County Registry (PID AB2055); thence continuing with the former county line North 860 56' 43" East, 383.65 feet to the BEGINNING, containing 4.6623 acres more or less (203,091 square feet more or less) as shown on a map prepared by Smith & Smith, Surveyors, P.A. entitled "Final Plat of a Partial Resurvey of the Chatham — Orange County Line," dated September 16, 2020. The above-described was annexed into Orange County by Act of the North Carolina General Assembly, Session Law 2021-67 effective June 30, 2021 and recombined with that certain 3.4730 acre parcel of land as shown on that certain "Final Plat of a Partial Resurvey of the Chatham-Orange County Line" dated September 16, 2020 prepared by Smith & Smith, Surveyors, P.A., and recorded in the Orange County Registry in Plat Book 124, Page 74. 1 31 WHEREAS, the requirements of Sections 2.3 and 2.8 of the UDO have been deemed complete, and WHEREAS, the proposals have been found to be internally consistent with the 2030 Orange County Comprehensive Plan or part thereof including, but not limited to, the following: • 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. • 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. and WHEREAS, the proposals have been found to be consistent with the Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan. Specifically, the accompanying Joint 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, and WHEREAS, the Board has found the proposed Land Use classification of "Rural Buffer" and Zoning district of RB (Rural Buffer) to be reasonable and in the public interest, and WHEREAS, the property lies within the Jordan Lake Protected Watershed delineated by the NC Department of Environmental Quality Water Supply Watershed program and is thereby consistent with that same zoning overlay district, as established in Section 4.2 of the UDO. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Comprehensive Plan's Future Land Use Map and the Orange County Zoning Atlas is hereby amended to apply the Land Use classification of "Rural Buffer," the Zoning District of RB (Rural Buffer), and the Zoning Overlay District of Jordan Lake Protected Watershed to the aforementioned piece of property. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of , 2023. 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. 32 WITNESS my hand and the seal of said County, this day of , 2023. SEAL Clerk to the Board of Commissioners