AGENDA #13.1
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Greene Tract Rezoning
DATE: January 10, 2000
This memorandum provides an update on the status of an initiative to rezone the Greene Tract, and recommends four related actions to the Town Council:
1. Authorize the Town Manager to prepare and submit a rezoning application.
2. Grant expedited processing status to the application.
3. Agree to convene a Joint Public Hearing to review the application.
4. Call a Public Hearing to consider amending the Development Ordinance.
The Chapel Hill Town Council, along with the Carrboro Board of Aldermen and the Orange County Board of Commissioners, has approved and executed an Interlocal Agreement for management of solid waste. A component of the Agreement calls for rezoning a portion of the Greene Tract to permit development of a Solid Waste Handling Facility.
In November, the Town Council amended the Chapel Hill Development Ordinance to create a new zoning district called, “Materials Handling District.” The schedule for implementation of the Interlocal Agreement calls for the Greene Tract to be rezoned to this new district by March. Since the Greene Tract is in the Transition Zone of the Joint Planning Area, a Joint Planning process needs to be followed.
Another component of the Interlocal Agreement calls for the 3 governing bodies to agree on which 60 acres of the 169-acre Greene Tract will be transferred to the County. It is this land that would be rezoned, and possibly used for this materials handling function. That decision has not yet been made, and needs to be folded into a proposed schedule for decision-making.
One final point: When the Town Council created the new “Materials Handling District,” it specified a requirement of a 200’ perimeter buffer around any materials handling operation. The County Commissioners have requested that the Town Council revisit this buffer requirement, and ask that the requirement be changed (please see attached letter).
Because the Town of Chapel Hill has been designated to act as agent for the 3 parties that make up the Landfill Owners Group (which owns the Greene Tract), it would be appropriate for the Town of Chapel Hill to apply for the rezoning on behalf of the 3 jurisdictions. A rezoning could be accomplished by mid-March, if the following schedule is followed:
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Tonight: |
Town Council authorizes submittal of a rezoning application, grants expedited status, and agrees to a February 21 Joint Public Hearing. If the Council chooses to consider amending buffer regulations for the Materials Handling District (more on that below), the Council could tonight call that Public Hearing for February 21 as well. |
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January 18: |
County Commissioners approve the advertisement for the Joint Public Hearing. |
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February 1: |
Rezoning application and text amendment to be considered by Chapel Hill Planning Board. |
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February 15: |
Consultant’s report due to the County on environmental conditions, with suggestion of which 60 acres is best for the solid waste facility. |
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February 21: |
Joint Public Hearing on rezoning (Orange County and Chapel Hill). |
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February 21: |
Chapel Hill Public Hearing on buffer requirement. |
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February 22: |
Meeting of Carrboro Board of Aldermen to discuss “Which 60 Acres?” |
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February 29: |
County Commissioners decide which 60 acres to pursue. |
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March 1: |
Consideration of rezoning application by Orange County Planning Board. |
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March 6: |
Town Council vote to concur or not concur on “Which 60 Acres?” to transfer and rezone. Town Council to take action on proposed rezoning application. Also, action on Development Ordinance amendment to adjust buffer requirements for the Materials Handling District. |
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March 7: |
Carrboro Board of Aldermen vote to concur on “Which 60 Acres?” to transfer. |
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March 14: |
County Commissioners action on rezoning application. |
Four actions are proposed at this time, for Town Council consideration:
Preparing and Submitting Application: We believe that it is reasonable and appropriate for the Town of Chapel Hill to be the applicant for this rezoning application. Adoption of the attached Resolution A would direct the Town Manager to proceed with this application and submittal.
Because a decision has not yet been made about which 60 acres of the 167-acre Greene Tract would be most suitable for a Solid Waste Handling Facility, we recommend that the application seek rezoning of the entire tract at this time. As noted in the schedule above, we expect that midway through the rezoning process a decision will be made about which 60 acres should be designated for this purpose. We anticipate a final recommendation to rezone only those 60 acres that will be so designated.
We note that the County’s letter suggests that the rezoning application be drawn in such a way so as to leave a 100 foot band at the perimeter of the Greene Tract in its current zoning. The letter proposes that this would reduce the likelihood of a rezoning protest petition. We respectfully disagree and believe that, since any portion of the Greene Tract might be included in the final selection of 60 acres, the entire parcel be the subject of the application. If a protest petition is prepared and submitted, we suggest processing it in the normal manner.
We note that the decision on “which 60 acres” will affect the issue of “who can file a protest petition.” The schedule call for the “60 acre” decision to be made early in March.
In order to change the buffer requirement, the Development Ordinance would need to be amended. If the Council wishes to do this, it could be accomplished on a schedule that would track the rezoning schedule. We recommend that the Council adopt Resolution D, which would call a Public Hearing for February 21 to consider this requested amendment.
We believe that several key steps are needed in order to accomplish the objectives of the adopted Interlocal Agreement. We recommend that the Town Council adopt the following four resolutions to set this process in motion:
Resolution A: Authorize the Town Manager to prepare and submit a rezoning application
Resolution B: Grant expedited processing status to the application.
Resolution C: Agree to convene a Joint Public Hearing to review the application.
Resolution D: Call a Public Hearing to consider amending the Development Ordinance.
1. Letter from Orange County Board of Commissioners Chairman Moses Carey (p.
RESOLUTION A
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO PREPARE AND SUBMIT A REZONING APPLICATION (2000-01-10/R-29a)
WHEREAS, the Town of Chapel Hill is party to an Interlocal Agreement that calls for rezoning a portion of the Greene Tract; and
WHEREAS, the Town of Chapel Hill is authorized to act as agent for the three owners of the Greene Tract;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District.”
This the 10th day of January, 2000.
RESOLUTION B
A RESOLUTION AUTHORIZING EXPEDITED PROCESSING OF A REZONING APPLICATION (2000-01-10/R-29b)
WHEREAS, the Town of Chapel Hill Council has authorized the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District”; and
WHEREAS, the development of a Materials Handling Facility for Chapel Hill and Orange County would directly serve public needs; and
WHEREAS, the timely processing of such a rezoning application is important to achieving the goals of an Interlocal Agreement regarding solid waste management;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Town Manager to expedite processing of the Greene Tract rezoning application, in a manner that will speed review without sacrificing breadth or depth of analysis.
This the 10th day of January, 2000.
RESOLUTION C
A RESOLUTION CALLING A JOINT PUBLIC HEARING (2000-01-10/R-29c)
WHEREAS, the Town of Chapel Hill is party to an Interlocal Agreement that calls for rezoning a portion of the Greene Tract; and
WHEREAS, the Town of Chapel Hill Council has authorized the Town Manager to prepare and submit a rezoning application, requesting rezoning of the Greene Tract to “Materials Handling District”; and
WHEREAS, the Greene Tract is located in the Joint Planning Area Transition Area, such that a rezoning request needs to be considered at a Joint Public Hearing with the Chapel Hill Town Council and the Orange County Board of Commissioners;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council concurs with Orange County in calling a Joint Public Hearing for February 21, 2000, for purposes of considering an application to rezone the Greene Tract.
This the 10th day of January, 2000.
RESOLUTION D
A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE (2000-01-10/R-29d)
WHEREAS, the Town Council has created a new zoning district called “Materials Handling District,” and included a description of this new district and related regulations in the Chapel Hill Development Ordinance; and
WHEREAS, the Development Ordinance specifies that, in the new Materials Handling District, a Materials Handling Facility shall provide a 200’ vegetated buffer around the perimeter of the facility; and
WHEREAS, the Orange County Board of Commissioners, who under the terms of an Interlocal Agreement will be responsible for solid waste management activities in Orange County, has requested that the buffer requirement be reconsidered;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council calls a Public Hearing for February 21, 2000, to consider amending the Chapel Hill Development Ordinance’s provisions for required buffers in the Materials Handling District.
This the 10th day of January, 2000.