Minutes-04-20-2023-Work Session - Laserfiche WebLink

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10 Application for Amendments to the 2030 Comprehensive Plan's Future Land Use Map and Zoning Atlas —2106 Mount Carmel Church Road within the Chapel Hill Township The Board of County Commissioners will hold a public hearing, receive the Planning Board/staff recommendation and public comment, close the public hearing, and defer action to a later date on applicant-initiated amendments to the 2030 Comprehensive Plan's Future Land Use Map and Zoning Atlas to apply the Rural Buffer (RB) Land Use classification 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 Comprehensive Plan's Future Land Use Map 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 classification on the Future Land Use Map. The Staff Report in Attachment 2 contains additional information, maps, and analysis. Because this parcel is located within an area of the county subject to the Orange County — Chapel Hill — Carrboro Joint Planning Land Use Plan, all three local governments must review and approve amendments to the plan and a joint public hearing of all three elected boards must be held. This is a related action on the April 20 public hearing agenda. Basic Review Process: The cadence for review of this application is: • FIRST ACTION — Submission of an application with required supporting documents by the property owner. 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 on March 8, 2023. • THIRD ACTION — The BOCC receives the Planning Board and staff recommendations at an advertised public hearing. Staff Comment— The public hearing is scheduled for April 20, 2023. Generally, the BOCC considers a decision at the conclusion the hearing but, because there is a related amendment to the Joint Planning Land Use Plan that has a different review cadence, a decision will be deferred to a subsequent BOCC meeting date. 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