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Home My WebLink AboutAgenda - 06-04-2002-10b ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 4, 2002 Action Agenda Item No. IO-6 SUBJECT: Update on the Winmore Pmject and Associated Canbom Land Use Ordinance Changes DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) NO ATTACHMENT(S): INFORMATION CONTACT: Creig Beni Planning Director, ezt 2592 An Overview of Issues Related to Winmore Gene Bell, Planner III,bid 2589 Vicinity Map TELEPHONE NUMBERS: Hillsborough 7324181 Chapel Hill 9884501 Durham 688-7331 Mebane 3384227-2031 PURPOSE: To report on issues related to the proposed Winmore pmject and provide additional background including changes associated with the Village Mixed use (VMU). BACKGROUND:The imposed Winmore project is composed of Pour contiguous tracts totaling approximately 80 acres located to the north and West of homestead Road in the Joint Planning Area. More specRCally,the project is located in Canboro Transition Area 1, and as such, zoning changes are governed by the conditions of the Joint Planning Agreement Likewise, development is governed by the Csnboro Land use Ordinance. The proposal Is for a Village Mixed Use(VMU)development containing 213 residential units of varying types ; single family, townhomes, live-work units and apadments,(gruss density of 3.22 units per arse which Includes some bonus density units), a small commercial area, and subetantkal open apace (40%). Two key issues related b the project are the amount of county involvement in the development approval process and potential annexation of the site. PROCESS: The Joint Planning Agreement requires an affirmative town and county vote for moorings In the transition areas to be o0icial. The earliest that the rezoning could be heard by Orange County at a point public hearing would be October 9,2002. Wlnmore is requesting retuning to VMU and Orange County will vote on this following a joint public hearing with Cenboro. The process would also concurrently entail joint approval of a master plan and conditional use permit by Carrbom as contained in the Cardsoro Land Use Ordinance. Amendments to the Joint Planning Agreement concurrent with adoption of the Facicuited Small Area Plan for Carrbi Northern Study Area in 1999 seem to assign the county a role in Me master pkamconditional use permit process also,though clarification on this point from the County Attorney is needed. z ANNEXATION: A petition for annexation of the Whiners site has been submitted to Coinsure. Annexation of the area prior to consideration of the VMU application would remove the county as a participant in the approval process and leave the me to Csrhoro as the project would be entirely within its Jurisdiction. At this time, a date for consideration by the town has not been identified, but staff is making inquiries as to the status of the application. Any rezoning application review should involve Orange County prior to the formal annexation. AMENDMENTS: The amendments regarding the Village Mixed Use regulations were submitted to Orange County earlier but without the contest of their potential usage within a upcoming rezoning application. In that vacuum, it was difficult to discern the JPA land use plan implications. Staff comments to Carrbore planning staff last week identified contain issues of consequanra that apparently were also noted by the Alderman on May 28"and therefore were held from a final vote. FINANCIAL IMPACT: None. RECOMMENDATION(S): Receive as information and provide direction to staff to develop a re refined process of master plansramning review by both parties as wall es analyze the outstanding land use ordinance changes associated with the proposed project. r , AN OVERVIEW OF ISSUES RELATED TO WINMORE Background: The proposed 'Winmore'projecl is composed of four contiguous tracts totaling approximately 66 acres located to the north and west of Homestead Road in the Joint Planning Area. More specifically,the project Is located in Cambom Transition Area 1, and as such, zoning changes are governed by the conditions of the Joint Planning Agreement. Likewise, development is governed by the Canboro Land use Ordinance. The proposal Is for a Village Mixed Use development containing 213 residential units of varying types(grass density of 3.22 units per acre), a small commercial area, and substantial open space(46%). Plan Gone ispin cv: Winmore is proposed as a Village Mixed Use (VMU) development, a concept contained in the Fenfrfeted Small Aree Plan for Cantcro's Northern Study Area. The small area plan was adopted in 1999 as an amendment to the Joint Planning Area Lard Use Plan. General characledsfics of a VMU Include: residential and neighborhood-scale commercial;development as one project by one developer, neo-trsditional design ideas to create a neighborhood-scale, pedestrian friendly development; plentiful parkland and open space readily accessible to residents without need for automobile travel; all residential sites within one quarter mile of the village center; and an overall target density of five dwelling units per acre. Initial review of the project proposal indicates consistency with plan principles. Joint Planning Approval Pirdi was: The Joint Planning Agreement specifies that rezonings in the transition areas require joint county and municipal approval. 1999 amendments to the Joint Planning Agreement resulting from adoption of the facilitated small area plan added the fallowing language in bold underline to the agreement: With respect to property that is located within the CJDA Transition area, changes in zoning classifications, Including the creation of or curial to the 'fioet'no conditional urm districts clear d W implement th recurnmendatiana of tribe 'Facilitated Small AM Plan Ior Carrificani Northern Study Area'00111me Mixed Use coanditional districts a r OlficreAssembly cond't'onal use dl t " Lsl may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public heading by the two governing bodies. This amandrnent to the agreement seems to confer more then just a "yesmi role to the county in terms of the zoning change needed for a VMU project. At the very least, an affirmative vote from the county on the zoning change is needed for development of a VMU to proceed- Other components of a VMU include approval of a master plan and conditional use permit. The degree of a county Involvement In these aspects of a VMU is not clearly defined, although the language dealing with "...the creation of or changes to the'lloating' mind dional use districts..." seems to go beyond just rezoning issues and deal aim with master plariconditional use aspects. Annexation: Annexation of the Wlnmore project area pdorto consideration of the VMU application would remove the county as a participant in the development approval process and leave the role to Canboro as the project would be entirely within itsjunsdiction. North Carolina General Statute 16DA-31(Annexation by Petition)defuse the procedures by which owners of real property may petition a municipality for annexation. The statute states, "The governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation ta the governing board of a petition signed by the owners of all the real properly located within such area:' In the case of Winmore,More is a contiguous area of city limits to the northwest. Upon receipt of the petition, the perk to the munlcipaliry shall coolly the sufficiency of the pettion and a public hearing on the proposed annexation shall be schoo led. Upon a finding that the petition meek the requirements of NGGS 161 the municipal governing board shall have the authority to pass an ordinance annexing the territory described in the petition. The ordinance may take effect immediately or on a specrbed date within six months. A conversation with the project archhect Indicates a petition for annexation has been filed, but a data for consideration by the town has not been identified. MEN■�00/9Waogwu� a fil atll0 0 ■ s►e .00v �� op4 e1`116::►s00a oa°n .nae-_ ve 000e,� d.6lotsotl=° v)►� t0 i °oeI000 ed0aYla\ e� ve>aneva �°;1eeoveoas�a a pm,`eetiies0��/ 1!e 64tse ��►s ►t►►tas o�otn►lg0 • a ed`s011d ..C� 901 MMO