HomeMy WebLinkAboutOTHER-2025-079-Attachment 7 Zoning Atlas Amendment – 4809 Friends School Road, Durham, Chapel Hill Township O T4 fat aw6-o7q 15
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
Identification Owner of
Township Current Zoning Proposed Zoning
Numbers Record
( PINs)
Carolina PDHRB ( Planned
Friends Development Housing - ■ NR- CD ( Non - Residential
9892 - 31 - 0306 , School and Rural Buffer) Conditional District)
9892 -22 - 7326 , Chapel Hill Peter and RB ( Rural Buffer) Jordan Lake
9892 -20 -2052 Martha Jordan Lake Unprotected Watershed
Klopfer Life Unprotected
Estate 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 LIDO have been reviewed and the
following standards conditions have been deemed acceptable :
1 . Normal hours of operation for the School Facility are typically weekdays from 7 : 30
am to 6 : 30 pm , plus occasional evening activities which may occur outside of normal
hours , such as board or committee meetings , performances , special lectures , seasonal
indoor sports practices or events , etc . Seasonally , outdoor sports practices and events
may occur only until dark , since no outdoor athletic lighting will be provided . Occasional
seasonal evening and weekend activities include campus market for on -campus grown
agricultural items such as vegetables and flowers . Occasional seasonal weekend
activities include very limited work by staff, facility cleaning and maintenance , scheduled
rental use of the soccer fields by a community- based sports organization , and limited
community use of the walking trails and track or activities such as " pick up " basketball or
soccer, as allowed by the school .
2 . No lighting will be provided on existing or proposed athletic fields or courts . Site
lighting for Improvements on campus requiring Site Plan approval shall be provided in
accordance with Orange County lighting standards at the time of Site Plan approval .
3 . No burning of land clearing waste shall occur.
4 . Landscape and buffer requirements shall conform to the Orange County UDO at the
time of approval with the following modifications or exceptions .
a . Existing conditions and facilities within the buffer area , above or below ground ,
may remain intact , remain in service , and be maintained as needed , but not
unduly expanded ;
b . Buffer areas that do not currently meet vegetation standards for required
buffers will not require new plantings or other screening ; and
c . By approval of a detailed Landscape Protection and Re -vegetation Plan ,
selected individual trees within buffer areas may be removed and replaced .
5 . Site Improvements shown hereon and /or referenced as future Site Improvements
hereon or in the Conceptual Construction Projection of this Conditional Zoning
application establish local building footprints and shall not be construed to specify exact
locations or size of buildings or other improvements or otherwise restrict the limits of
disturbance . The application Site Improvements are conceptual and shall allow for
relocation of buildings and other improvements provided that the selected location is in
accordance with the Orange County UDO at the time of Site Plan approval and /or
Construction Permits from Orange County and /or other Authorities Having Jurisdiction .
The locations included with those future applications shall be required to meet
applicable standards at the time of application except as modified herein or by proper
Project Entitlement and /or Permitting Processes .
6 . Applicant shall include internal and driveway improvements consistent with the
November 21 , 2024 , Traffic Impact Analysis Review letter issued by C . N . Edwards , Jr . ,
P . E . , upon submittal of construction drawings for a driveway permit on Mt . Sinai Road
associated with construction of the New Upper School .
7 . Parcels 1 , 2 and 3 will be combined into a single parcel within 24 months of
expiration of the Klopfer Life Estate .
8 . Approval of this zoning application is intended to include the existing uses and
features allowed in the original Special Use Permit as modified . Upon approval of this
zoning application , the Special Use Permit as modified is no longer necessary and shall
be extinguished .
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 . The application , including the site - specific plan and
the proposed conditions , is reasonable and in the public interest because it furthers the
goals of the 2030 Comprehensive Plan and maintains the purpose and goals of the
Orange County- Chapel Hill- Carrboro Joint Planning Land Use Plan and Agreement.
The expansion of the established Preparatory School use will conform with the
established goals , descriptions , and purpose of the Rural Buffer designations that apply to
the subject properties . The continued use of the school will remain limited to the property
and will not result in additional impacts to the surrounding parcels . Approval of the
proposed zoning atlas amendment will bring the existing school site into compliance with
the current LIDO and allow for improvements in the areas identified in the site plan for
future development , as shown on the submitted Site Plan . The site is surrounded by low
density residential uses , undeveloped parcels , including Duke Forest , and agricultural
uses , including Duke Farm . Any additional traffic , lighting , or noise will be mitigated in
compliance with NCDOT standards and the LIDO . The proposed School : Preparatory use
is permitted in the NR- CD zoning district , complies with the UDO standards , and meets
the standards of evaluations as reviewed by the Planning Board .
The PDHRB ( Planned Development Housing - Rural Buffer) applied to one of the
properties is a legacy of prior zoning ordinance and is not captured within the 2030
Comprehensive Plan . Similar to this presented NC -CD application , the PDHRB residential
district currently applied to one of the properties is specific to the Carolina Friends School
campus . Such districts were established for specialized purposes where tracts were
deemed suitable for a specific intensity of development . Development within this district
was regulated by the approved 1990 Special Use Permit and subsequent modifications ,
which permitted the operation of Carolina Friends School . There is not a history of land
use violations or non - conformities associated with these owners or properties .
The conditions proposed by the applicant will ensure that both the " Rural Buffer" future
land use classification provided by the 2030 Comprehensive Plan (" 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 " )
and the Orange County- Chapel Hill- Carrboro Joint Planning Land Use Plan (" . . . rural in
character and which will remain rural , contain low-density residential uses , and require
urban services , ") will not be compromised . The site -specific plan presented for the
proposed Zoning Atlas Amendment will not use public utilities and the Carolina Friends
School will continue to utilize private onsite wells for any future development .
The 2030 Comprehensive Plan , Appendix G , Land Use Classification and Overlay
Locational Criteria , identifies the Rural Buffer Land Use Classification as " Located in areas
directly outside of Transition and Urban areas where prevailing uses are rural residential
and agricultural in nature . " The existing use of Carolina Friends School and any future
expansion will conform with all applicable LIDO regulations to ensure development does
not create undue impacts to the surrounding uses of low-density residential , agriculture ,
and forestry . The school maintains a portion of forested area on the three subject parcels
and incorporates outdoor education elements that necessitates a rural setting . The
applicant has proposed land use buffers surrounding the parcels making up Carolina
Friends School to further mitigate impacts to adjacent properties .
The Carolina Friends School is constraining any expansion to 108 , 000 square feet total to
accommodate new students , including students from outside of Orange County . The
impacts to this 110 - acre property will be minimal with all buffers to remain in place and all
environmental features (e . g . streams ) being protected from development impacts . Indeed ,
as articulated by the applicant , the site plan features design considerations of the exterior
environmental learning facilities , such as stream buffers and wetlands , as well as walking
trails , Campus Market , gardens , and solar facilities . The applicant provided an
Environmental Assessment and a Biological Inventory as part of the application package .
County staff has reviewed and determined no significant environmental impact is expected
from this project based on existing conditions . Existing conditions and facilities within the
required buffered areas will be maintained as needed , but not unduly expanded . Future
development of the school facilities is not proposed to impact the Special Flood Hazard
Area ( 100 Year Floodplain ) and 500 Year Floodplain , nor the +/- 1 . 5 -acre pond .
As presented , the proposed NR- CD zoning district for a School : Preparatory use is
consistent with the Rural Buffer Land Use Classification (Appendix F : Relationships
Between Land Use Classifications and Zoning Districts ) and description provided in the
Land Use Element of Chapter 5 . The proposed School , Preparatory use reflected in the
NC - CD application is consistent with the 2030 Comprehensive Plan ' s description of future
land use in the Rural Buffer as well as the allowable zoning districts provided for by
Appendix F . It is also consistent with the description of the Rural Buffer land use category
provided for by the JPA , which the county is obligated to both towns as well as itself to
maintain .
c . As such , the Carolina Friends School Non - Residential — Conditional District ( NR- CD )
zoning amendment is consistent with applicable plans because it supports the following :
2030 Comprehensive Plan
i
■ 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 .
■ 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.
■ 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 .
■ 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.
■ 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 .
■ 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.
■ 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.
■ 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 .
Land Use Goal 6 : A land use planning process that is transparent, fair, open,
efficient, and responsive .
■ 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.
Orange County- Chapel Hill-Carrboro Joint Planning Land Use Plan and Agreement
■ Land Use Plan Category : Rural Buffer and Conservation ( pp . 60 — 60- a )
■ Future Land Use — Joint Planning Area : The Rural Buffer Area ( pp . 81 — 84 )
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 , 0 Against
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Jamez to B ford , Chair Date
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