HomeMy WebLinkAboutOTHER-2024-015-Statement of Consistency dd�� - DES
Attachment 7
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 Owner of
Identification Township Current Zoning Proposed Zoning
Number ( PIN ) Record
■ Agricultural Support
■ Rural Buffer ( RB ) Enterprises Conditional
9871 - 50 - 3254 Chapel Hill Acer LLC Jordan Lake District (ASE - CD )
Unprotected Watershed Jordan Lake
Unprotected Watershed
The Board of County Commissioners hereby finds :
a . The requirements of Section 2 . 8 Zoning Atlas and Unified Development Ordinance
Amendments and 2 . 9 . 1 Conditional Districts of the UDO have been reviewed and , due to
the property being surrounded by use - restricted properties that are highly unlikely to be
developed for residential purposes , the following standards deviations have been deemed
acceptable :
Placement of wood chips , stumps and logs , branches and similar wood by-
products within 100 feet of the residentially-zoned property boundaries ;
Allowance for changes in the exact placement of features and structures within the
limits of disturbance and designated " activity area on the site plan , subject to staff
review and approval ;
Allowance for lighting plan to be altered from what is submitted , provided that all
outdoor pole lights not to exceed 14 ' and not be located outside the proposed
" activity area" on the site plan , subject to staff review and approval ; 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 :
■ Planning Principle 2 . Sustainable Growth and Development : Growth and development
within the county should occur in a pattern, location, and density that is sustainable
over the long- term .
The proposed ASE - CD zoning district for an arborist and tree - processing center is
consistent with the Rural Buffer Rural Land Use Classification (Appendix F ,
Relationships Between Land Use Classifications and Zoning Districts ) . The activity
and impact of this use will be limited to the property , generating low volumes of traffic
and not negatively impacting surrounding properties by its use . It is immediately
outside the Town of Chapel Hill ' s Extraterritorial Jurisdiction ( ETJ ) , emphasizing its
proximity to both municipal and county residents that can utilize this commercial
service while not generating large vehicle miles traveled . Its proximity to municipal
centers while being separated from the residential and commercial uses of those
areas serves the mutual needs of the region without negatively affecting the
surrounding properties . The proposed Agricultural Services Uses is permitted in the
ASE - CD zoning district , complies with the UDO standards except as noted , and
meets the standards of evaluations as reviewed by the Planning Board .
■ Planning Principle 3A . Encouragement of Energy Efficiency , Lower Energy
Consumption , and the Use of Non - Polluting Renewable Energy Resource :
Decreasing the use of non -renewable resources and lowering energy consumption
are encouraged in both public and private activities. The county's transportation
system should be enhanced to promote more energy efficient modes of travel and
improve air quality.
The applicant will introduce a wood processing and reuse facility within close
proximity to municipal centers where arborist services and tree processing are most
needed . The other options are to otherwise rely upon vendors who travel farther
distances , redistribute by- products to non - local markets , and extract these resources
from Orange County while only contributing immediate services and a higher carbon
footprint . The proposed use supports a local enterprise that can immediately
contribute to the reuse of the related materials and reduce traveled miles to support
the business .
■ Planning Principle 4 . Natural Area Resource Protection : Protection of the County's
natural areas, including forests, wildlife habitat, and other important open spaces
should be a priority. The County should work with regional and local organizations,
the towns, and private landowners to promote and achieve preservation of the
County's important natural resources.
The applicant provided an Environmental Assessment as part of the application
package . Staff has reviewed and determined no significant environmental impact is
expected from this project based on existing conditions . The project site plan protects
the existing stream on site with provided stream buffering and strives to maintain
existing trees as part of the landscape buffer .
■ Planning Principle 5 . Preservation of Rural Land Use Pattern : The County's rural
areas are a cherished component of the County's character. Future development
should preserve and enhance the county's rural landscape .
The 2030 Comprehensive Plan , Appendix G , Land Use Classification and Overlay
Locational Criteria , identifies Rural Buffer as land designated in the Comprehensive
Plan as land adjacent to an urban or transition area which is rural in character and
which should remain rural , contain very low- density residential uses , and not require
urban services during the plan period . The resource - related activities with the use are
consistent with the rural nature of the area and , as presented , will not disrupt that
character , being on the perimeter of the Town of Chapel Hill ' s ETJ , surrounded by
managed forests and County- owned lands that will not serve residential or
commercial purposes .
■ Planning Principle 6 . Water Resources Preservation : The County has finite water
resources to provide to future populations. The protection and management of the
County's water resources should be a high priority.
The proposed project will utilize groundwater to service the future land use , as
permitted by the Orange County Division of Environmental Health . In addition , the site
plan provides for a 65 -foot stream buffer to protect water quality downstream .
■ Planning Principle 7 . Promotion of Economic Prosperity and Diversity : Development
of a diversity of new businesses and expansion of existing businesses should occur in
Orange County.
The applicant will provide an underserved market with needed services , particularly
for the nearby municipalities . The applicant is proposing to relocate an existing tree
care and consulting company currently operating in Carrboro to this site . Relocation
of this business to a rural setting will more appropriately allow for it to operate while
continuing to serve the nearby municipal market than it can from its current placement
in a municipality . The applicant estimates that approval could create 10 — 20 new
jobs .
■ Planning Principle 8 . Preservation of Community Character : Future growth and
development should occur in a manner that preserves and enhances the existing
character of the County, its townships, and rural crossroads communities.
This agricultural support enterprise will be appropriately placed within the Rural Buffer
designated by both the 2030 Comprehensive Plan and the Orange County- Chapel
Hill - Carrboro Joint Planning Agreement Land Use Plan . It shall be situated such that it
is surrounded by an actively managed forest , a former landfill , and a proposed
recreation facility . There will be no disruption to residential quality of life , and the
approval will introduce a new business to the area and to the county ' s business
community . Placement of this business is in harmony with the immediately
surrounding area on the edge of the Town of Chapel Hill ' s ETJ , and in the public
interest , placing an arborist near municipal centers while separating it from the
residential and commercial activities of those areas for a more rural location
surrounded by similar uses .
■ Land Use Overarching Goal : Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs .of Orange County's population and economy consistent
with other Comprehensive Plan element goals and objectives.
The application proposes an Agricultural Support Enterprise for an arborist and wood .
processing center within an area surrounded by public or quasi - public uses , including
the actively managed Duke Forest . The tree - related operations are consistent with
both the rural character of this immediate area as well as the more intensive use to
the south of the former county landfill , which is in the Town of Chapel Hill ' s ETJ .
While , by the applicant' s admission , the operations will generate noise pollution and
some odors related to tree processing into wood byproducts , the use is consistent
with the " low- intensity agricultural support" uses allowed in the Rural Buffer by the
Orange County- Chapel Hill - Carrboro Joint Planning Agreement (JPA) Land Use Plan .
The site plan and conditions committed to by the applicant will separate this use from
the properties owned Orange County and proposed for a recreational facility featuring
multiple soccer fields . The combination of the required screening and setbacks with
the natural environmental features of this property and the adjacent ones will
adequately minimize impacts to surrounding properties .
■ 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.
The proposed use meets all UDO standards for buffering and screening , as well as
the applicable erosion control and stormwater regulations . It will utilize and improve
an existing access road , creating no new stream crossings , and , in fact , improving the
existing one to minimize runoff into the stream . The arborist will process natural wood
products that can be reused locally for multiple purposes , reducing the need for area
residents to rely upon imported products . The restrictions that exist on the uses of
most of the surrounding properties should ensure that low- intensity agricultural
production of the site will have minimal negative impacts upon natural resources or
residents .
■ Land Use Goal 3 : A variety of land uses that are coordinated within a program and
pattern that limits sprawl, preserves community and rural character, minimizes land
use conflicts, supported by an efficient and balanced transportation system .
The proposed arborist and tree processing facility will be placed within the Rural
Buffer , away from residentially- used properties , and within the rural areas of the
county . The neighboring Duke Forest property is , in fact , a site that may be actively
timbered at its owners ' discretion ; and the southern , county- owned property is a
former landfill that is limited in its redevelopment potential . These surrounding
conditions will allow the use to be inherently buffered from neighbors and prevent
negative impacts to them that might otherwise occur in a more densely developed
area . The use is consistent with the future land use classification allowed by the 2030
Comprehensive Plan , Appendix F ; and is consistent with the land use allowances for
the Rural Buffer in the JPA . The site will generate some new traffic , but the
cumulative daily employee and business - related trips are under the County ' s
threshold for further analysis or offsite improvement .
■ Land Use Goal 6 : A land use planning process that is transparent, fair, open,
efficient, and responsive .
The Orange County staff has noticed the public regarding this application , as required
by Sections 2 . 8 . 7 , 2 . 9 . 1 ( D ) , and 2 . 9 . 2 of the UDO , including a required Neighborhood
Information Meeting , mailings to neighboring property owners , posting of the property ,
and advertisement in the local newspapers . Additionally , staff have provided all
application documents on the Active Development Projects webpage , responded to
public inquiries , posted social media notices on the project , featured it in the weekly
newsletter , communicated and made both the BOCC and Planning Board available
for public emails concerning the application .
■ Appendix F , Land Use Classification Description for Rural Buffer : Only very low
density residential, agricultural uses exempt from zoning regulations, and low-
intensity agricultural support uses are appropriate in the Rural Buffer.
The proposed arborist and tree - processing facility is a low- intensity Agricultural
Support Enterprise and is consistent with the allowable future land uses within the
designated " Rural Buffer" land use classification of the 2030 Comprehensive Plan .
a . The amendment is reasonable and in the public interest because it furthers the goals of
the adopted Comprehensive Plan and is located in an area designated on the Future Land
Use Map as " Rural Buffer . "
The Board of County Commissioners adopts this Statement of Consistency and the findings
expressed herein .
Vote : For , Against
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