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HomeMy WebLinkAboutAgenda - 06-06-2023; 8-k - Application for Amendments to the Joint Planning Land Use Plan, 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: June 6, 2023 Action Agenda Item No. 8-k SUBJECT: Application for Amendments to the Joint Planning Land Use Plan, 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, Planning Director, (919) 245-2592 3. Resolution to Amend the Joint Planning Land Use Plan 4. Statement of Consistency 5. Ordinance to Amend the Orange County Comprehensive Plan and Zoning Atlas Link to Application (Attachment 1): https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 03082023-1719 PURPOSE: To consider a decision on applicant-initiated amendments to the Joint Planning Land Use Plan, Future Land Use Map, and Zoning Atlas to apply the Rural Buffer (RB) Land Use designation 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 plans described above 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 by the Joint Planning Land Use Plan and Future Land Use Map. The Staff Report in Attachment 2 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 (JPLUP), all three local governments must review and approve amendments to the JPLUP after a joint public hearing of all three elected boards, per Section 2.6(A) of the Joint Planning Agreement (contained in the linked document). Basic Review Process: The cadence for review of this multi-part application is: • FIRST ACTION — Submission of an application with required supporting documents by the property owner. 2 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 at its March 8, 2023 meeting and recommended approval of the amendments. • THIRD ACTION — The three elected boards (BOCC and two Town Councils) receive the available Planning Board recommendations and hold an advertised joint public hearing. STAFF COMMENT: A joint public hearing was held on April 20, 2023 for the amendments to the JPLUP and a County-only public hearing was held the same evening for the amendments to the County's Comprehensive Plan and Zoning Atlas. A decision on the applications was deferred until the June 6, 2023 BOCC meeting date to allow for conclusion of the review schedule for the JPLUP. (Public Hearing materials can be viewed at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04202023- 1747). No comments by the public were made at the public hearing. • FOURTH ACTION — The three elected boards (BOCC and two Town Councils) take action on the application at a regularly scheduled meeting of the elected board subsequent to the joint public hearing. As a technicality, the Towns' actions are on the amendment to the JPLUP only (i.e., the Towns do not act on the amendments to the County's Future Land Use Map or Zoning Atlas). STAFF COMMENT: The Town of Chapel Hill Council adopted a resolution to approve the JPLUP amendments on May 10, 2023 and the Town of Carrboro Council did the same on May 16, 2023. The BOCC will consider the amendments at its meeting on June 6, 2023. 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. 3 Planning Board Recommendation: The Planning Board reviewed the proposed amendments at its March 8, 2023 regular meeting. At the meeting the Board voted unanimously to recommend approval of the Resolution to Amend the Joint Planning Land Use Plan (Attachment 3), Statement of Consistency (Attachment 4) and the proposed Ordinance (Attachment 5). See the public hearing materials linked above for materials related to the Planning Board's recommendation (meeting minutes and signed Statement of Consistency). Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Resolution to Amend the Joint Planning Land Use Plan (Attachment 3). 2. Statement of Consistency (Attachment 4) indicating the zoning atlas amendment is reasonable and in the public interest. 3. Ordinance amending the Orange County Comprehensive Plan's Future Land Use Map and Zoning Atlas, as contained in Attachment 5. 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(S): The Manager recommends that the Board approve the: 1. Resolution to Amend the Joint Planning Land Use Plan (Attachment 3); 2. Statement of Consistency (Attachment 4) indicating the zoning atlas amendment is reasonable and in the public interest; and 3. Ordinance amending the Orange County Comprehensive Plan's Future Land Use Map and Zoning Atlas, as contained in Attachment 5. Attachment 2 Staff Report ��,A�IG� Zoning Atlas Amendment — Conventional District ORANGE COUNTY NORTH CAR01 INA Parcel Information VicinityVIapfor Amendment Area for PIN 9796293141 Parcel Address 2016 Mt. Carmel Church Rd. i1 Chapel Hill 27517 E° °w o 9re P Parcel Identification d �t z 9796-29-3144 f` •:. ' Number (PIN) cr F 1 11,11 R, IIA -I 0 Mt. Carmel Baptist Church of Applicant pP Name Chapel Hill, NC rt ;chi ' .` `'� ._ and Address 2016 Mt. Carmel Church Rd. Bing"a:,r�,9"p Chapel Hill, NC 27517 1k• k Proe°tea 1'' Property Owner " of Name and Address ` Same as Applicant (if different from L)� rcV� "r sad Applicant) °.�."G £ 1H wRlvert, Lek P t t tl Pot-t.d , } Charles Gordon Brown PfN 9�6292LM�J Fns Irl r 1 ",'""°"'"°"° LAgents) if Brown & Bunch, PLLC T'xnshlps Mzjz S[Eams tetl - , �U,LIM, .,,v„I,p�,,—h- 101 N. Columbia St., applicable 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 rdan Lake P ratected been within Orange County is designated Rural Buffer FLUM Overlay(s) Resource Protection Area 9T9629916G (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 27-3," U DO) e°tlrr,ar,A a Designated lands in the �—�'R'ater Spl_.VJa4areHatla Comprehensive Plan that are adjacent to an urban or transition P =A,ya, F°`°�La area that is rural in character and "° which should remain rural and not require urban services. 1 5 None — newly annexed land ZoninAmendment for PIN 979bz93144 from Chatham County. Current Zoning [Land was zoned "Residential District District 1" (R-1) (Chatham County regulations) prior to 1ordan Lake?� beingannexed into Orange �� r teete County.] 1 IVY Requested Zoning +_ District RB (Rural Buffer) 97962937dd Ora-g_.c�u�tyy�����_ Requested Zoning District Consistent with Appendix F of 2030 Yes Comprehensive Plan Existing Zoning None — newly annexed land Pr.�..ded Ariar:dmaMRrea oP' 9from Chatham County. Overlay Districts S:reems _lM1'ater Bod'as :C—ty B.—&.y rZ'j'M1'arei Spalr'JJalerslrr:da Zoning ECG �Rg Amendments J Proposed for Yes — area will be within the Overlay Districts Jordan Lake Protected (Y/N) Watershed Overlay District 2 Surrounding Land Uses and Zoning J Image W1 th Amendmtnt Area Outline A� 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. All are zoned RB (Rural Buffer). South Multi-story attached residences associated W with Carolina Meadows Retirement Community. _ u ' 9 969314 Chatham County R-1 zoning. East Attached residences (quadplexes) associated " with Carolina Meadows Retirement =, Community. ' Chatham County R-1 zoning. West Single-family residences on lots ranging from 1 to 4 acres in size. iL Chatham County R-1 zoning. Existing Roads p PINs ssa93U4 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— ";hapel Hill — Carrboro Joint Plannina 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 joint public hearing was held on April 20, 2023. Jurisdiction Planning Board Review Date Governing Board Decision Date Orange County March 8, 2023 June 6, 2023 Town of Chapel Hill March 21, 2023 May 10, 2023 Town of Carrboro May 4, 2023 May 16, 2023 Analysis Staff Analysis As required under Section 2.8.5 of the UDO, 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 12023. 1 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 Are"A Proposed Land Use Plan and Joint Review Area Amendments O� QP MT CgRMEI CHURCH RD -MANGUM_CT Rural Buffer JPY TN OMPS DR C H J DA 9796293144 Q PIN: 9796293144 j Proposed Amendment Area i in=50o feet NRural Buffer ORANGE cE COUNTY � Feet EZ Orange County Boundary soo Planning and Inspections Department(BC) Parcels 2/7i2023 O:\GIS Workspace\Projects\Mt Carmel Baptist Church\Mt Carmel Baptist Church.aprx\Orange County-Chapel Hill-Carrboro Joint Planning Area Proposed Amendmem Attachment 4 12 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. 13 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 Attachment 5 14 Ordinance#. ORD-2023-019 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 88° 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 01' 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 870 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 15 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. 16 WITNESS my hand and the seal of said County, this day of , 2023. SEAL Clerk to the Board of Commissioners