Agenda - 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

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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.