AGENDA #7b

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Development Ordinance Text Amendment – Materials Handling District Bufferyard

 

DATE:             March 6, 2000

 

INTRODUCTION

 

Tonight the Council continues the Public Hearing from February 21, 2000, regarding a proposed Development Ordinance Text Amendment.  The proposal would change the landscape bufferyard provision of the recently created Materials Handling zoning district.  The Orange County Commissioners have requested that the Town Council revisit this buffer requirement, and ask that the requirement be changed (please see the attached letter).  The attached ordinances would approve a text amendment proposal. 

 

BACKGROUND

 

On November 8, 1999, the Town Council adopted a Development Ordinance text amendment which:

 

·        added a definition for a new land use called a Solid Waste Management Facility;

·        established a new Materials Handling zoning district and associated land use regulations; and

·        amended the provisions of the Development Ordinance regarding the location and process for approval of such a facility.

 

The text amendment was related to the transfer of responsibility and ownership of the Greene Tract described in the recently executed Interlocal Agreement.  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. The Interlocal Agreement describes the transfer of responsibility for and ownership of solid waste management functions to Orange County.  The Greene Tract is a 169 acre landfill asset.  Final negotiations concluded that the Greene Tract will be divided into two parcels.  A sixty acre parcel is to be deeded to Orange County, after execution of the new Interlocal Agreement.  The remaining approximate 109 acres is to be maintained under joint ownership until its future status is resolved.

 

The Interlocal Agreement provides that the County may use 60 acres of the Greene Tract property for solid waste management purposes, including location of solid waste management facilities.  Included in the proposed definition of solid waste management facilities are transfer stations and materials recovery facilities (MRF).  A transfer station is a facility that receives local waste and then transports the waste to a distant disposal facility.  A materials recovery facility receives recyclables collected through local recycling programs and prepares them for marketing.

 

We note that the property that is the subject of this initiative, the Greene Tract, is located outside of Chapel Hill’s corporate limits, in the Joint Planning Transition Area.  A separate application has been submitted which proposes to rezone land to the new Materials Handling zoning district.  The rezoning proposal must go through a separate process that involves a Joint Public Hearing with the Orange County Commissioners.  Following such a hearing, both the Chapel Hill Town Council and the Orange County Board of Commissioners, in separate actions, would need to consider the rezoning proposal.  If the property is rezoned, an application for a Solid Waste Management Facility could be received and acted upon by the Chapel Hill Town Manager.

 

ISSUES RAISED AT THE PUBLIC HEARING

 

During the February 21 Public Hearing, Council members asked the following questions:

 

1.                  A Council member asked if Council action on this text amendment proposal was a necessary part of execution of the Interlocal Agreement.

 

Staff Comment:  We believe it is not a necessary part of execution of the Interlocal Agreement.

 

2.                  A citizen asked if the language of the text amendment could be adjusted to require a landscape bufferyard on all sides, regardless of the adjacent land use, unless the property was under the same ownership.

 

Staff Comment:  We recommend that the language be adjusted.  Ordinance C, described below, is the Manager's revised recommendation. 

 

                   REVISED AMENDMENT TO THE DEVELOPMENT ORDINANCE

 

Orange County has requested that an adjustment be made to the Development Ordinance provisions regarding landscape bufferyard provisions for a Solid Waste Management Facility.   

 

Following discussion at the Public Hearing, we recommend that the bufferyard be reduced to 100 feet and that the bufferyard not apply to adjacent property held in the same ownership.  In addition, we recommend that an adjustment be made to allow a railroad connection through the bufferyard.  Recognizing that, in the case of the Greene Tract, a railroad connection may be desired at some later date.

  

Following is the Manager's revised recommendation, Ordinance C that would effect the proposed landscape bufferyard change to the Chapel Hill Development Ordinance:

 

AMEND Subsection 14.12.2 of the Chapel Hill Development Ordinance to read as follows:

 

“A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shall be as specified in Subsection 14.12.6, Schedule of Required Buffers.  Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required.  Where the proposed development site is located in the Residential-Special Standards-Conditional zoning district, no buffer shall be required.  Where the proposed development site is located in the Materials Handling (MH) zoning district, a 100 200 foot Type “E” landscape bufferyard shall be required. except where the adjoining property is held in the same ownership. ”

 

AMEND Subsection 14.12.4 of the Chapel Hill Develoment Ordinance to read as follows:

 

"Use of Buffer

 

Provided the required buffer width and screening is maintained, a buffer may contain utilities, pedestrian and bicycle paths, and other minor or passive uses compatible with the general separation of land uses.  In the Materials Handling (MH) zoning district, railroad connections may be contained within the required bufferyard."

 

RECOMMENDATIONS

 

Planning Board Recommendation:  On February 1, 2000, the Planning Board voted 7-0 to recommend that the Council adopt Ordinance B, which would change the perimeter buffer requirement to 100 feet with no exceptions.  Please refer to the attached Summary of Planning Board Action.

 

Manager's Revised Recommendation:  We recommend that the text amendment language be adjusted as suggested at the Public Hearing to require a 100 foot perimeter bufferyard except were the adjoining property is held in the same ownership.  We also recommend that railroad connections be allowed in the bufferyard. This revised language is attached as Ordinance C.  

 

The County's requested proposal which would change the perimeter bufferyard to 100 feet and not require a bufferyard next to non-residential land uses and the railroad corridor is included in Ordinance A.  We do not recommend the County proposal because a bufferyard may be desirable with certain non-residential uses such as office-type business.

 

The Planning Board recommendation, Ordinance B, would change the perimeter buffer requirement to 100 feet with no exceptions.

 

 

ATTACHMENTS

 

1.         Memorandum and related attachments dated February 21, 2000. (begin new page 1)               

 

ORDINANCE A

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING LANDSCAPE BUFFERYARD REQUIREMENTS IN THE MATERIALS HANDLING DISTRICT  (2000-03-06/O-1a)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to change the landscape bufferyard requirement in the Materials Handling zoning district, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1. The first paragraph of Section 14.12.2 of the Chapel Hill Development Ordinance is hereby amended to read as follows:

 

“A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shall be as specified in Subsection 14.12.6, Schedule of Required Buffers.  Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required.  Where the proposed development site is located in the Residential-Special Standards-Conditional zoning district, no buffer shall be required.  Where the proposed development site is located in the Materials Handing (MH) zoning district, a 100 200 foot Type “E” landscape bufferyard shall be required. between the proposed development and all residential land uses with no landscape bufferyard required between the proposed development and non-residential land uses including railroad corridors.”

  

    Section 2.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

Section 3.  That these amendments shall become effective upon adoption.

 

This the 6th day of March, 2000.

ORDINANCE B

(Planning Board Recommendation)

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING LANDSCAPE BUFFERYARD REQUIREMENTS IN THE MATERIALS HANDLING DISTRICT  (2000-03-06/O-1b)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to change the landscape bufferyard requirement in the Materials Handling zoning district, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1. The first paragraph of Section 14.12.2 of the Chapel Hill Development Ordinance is hereby amended to read as follows:

 

“A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shall be as specified in Subsection 14.12.6, Schedule of Required Buffers.  Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required.  Where the proposed development site is located in the Residential-Special Standards-Conditional zoning district, no buffer shall be required.  Where the proposed development site is located in the Materials Handing (MH) zoning district, a 100 200 foot Type “E” landscape bufferyard shall be required.”

  

    Section 2.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

Section 3.  That these amendments shall become effective upon adoption.

 

This the 6th day of March, 2000.

 

ORDINANCE C

(Manager's Revised Recommendation)

 

AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING LANDSCAPE BUFFERYARD REQUIREMENTS IN THE MATERIALS HANDLING DISTRICT  (2000-03-06/O-1c)

 

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to change the landscape bufferyard requirement in the Materials Handling zoning district, and finds that the amendment is appropriate due to changed or changing conditions in a particular area or in the jurisdiction generally and achieve the purposes of the Comprehensive Plan;

 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1. The first paragraph of Section 14.12.2 of the Chapel Hill Development Ordinance is hereby amended to read as follows:

 

“A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shall be as specified in Subsection 14.12.6, Schedule of Required Buffers.  Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required.  Where the proposed development site is located in the Residential-Special Standards-Conditional zoning district, no buffer shall be required.  Where the proposed development site is located in the Materials Handing (MH) zoning district, a 100 200 foot Type “E” landscape bufferyard shall be required. except where the adjoining property is held in the same ownership. ”

 

Section 2. Section 14.12.4 of the Chapel Hill Development Ordinance is hereby amended to read as follows:

 

"Use of Buffer

 

Provided the required buffer width and screening is maintained, a buffer may contain utilities, pedestrian and bicycle paths, and other minor or passive uses compatible with the general separation of land uses.  In the Materials Handling (MH) zoning district, railroad connections may be contained within the required bufferyard."

  

    Section 3.  That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

 

Section 4.  That these amendments shall become effective upon adoption.

 

This  6th day of March, 2000.