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HomeMy WebLinkAboutAgenda - 06-01-1999 - 9bORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 1.1999 Agenda Abstract Item # q - b SUBJECT: CP -1 -99 APEX NORTHWEST PARTNERSHIP DEPARTMENT: Planning and Inspections PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: 1) Resolution of Denial 2) Resolution of Approval 3) Map of Site 4) Staff Analysis 5) Application Form/Letter 6) Agency Comments 7) Letter to Property Owners 8) Excerpt: Minutes of Public Hearing, 2 -22 -99 9) Excerpt: Minutes of Planning Board Meeting, 4 -13 -99 10) Comments from Callemyn- Parker, Inc. (w /o attachments) INFORMATION CONTACT: Donald R. Belk. Planner II/X2594 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 it PURPOSE: To consider a proposed amendment to the Land Use Element of the Comprehensive Plan. BACKGROUND: Reduest Apex Northwest Partnership requests an amendment to the Land Use Element of the Orange County Comprehensive Plan to expand the Ten -Year Transition plan category to land currently designated Agricultural Residential and Rural Industrial Activity Node. Location The property in question is north of the Town of Hillsborough and lies between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It lies west and north of Mars Hill Baptist Church which is approximately 1.25 miles north of the intersection of NC 86 and NC 57 (please see Map of Site). Explanation of Existing and Proposed Conditions Existing: The property is currently zoned Agricultural - Residential (AR), which permits residential uses with a minimum lot size of 0.92 acres. Proposed: The designation of Ten -Year Transition is applied to land in transition from rural to urban uses which has or will have access to public water and sewer service. The proposed designation of Ten -Year Transition would allow potential rezoning of the property to higher - density residential uses in the future. Development Process. Schedule. and Action Public Hearing: A public hearing on the proposed amendment to the Land Use Element of the Comprehensive Plan was held on Monday, February 22, 1999. Planning staff recommended denial of the request for the following reasons pursuant to the non- adherence criteria noted in Article 2.2.14 of the Zoning Ordinance : : \donbelk \apex- nw2.doc • Not consistent with all locational criteria for Ten -Year Transition; • Constrained transportation access over the majority of the parcel; • Surrounding areas are not in transition from rural or low - density uses to urban or higher density uses; • Low population density relative to overall township population density; and • Located next to a National Register- eligible, working farmstead and the cemetery near the property has potential historic significance. • There has been no change in County land use policy or the Comprehensive Plan. An excerpt from the minutes of the public hearing is attached. The applicant's agent, Callemyn- Parker, Inc., has submitted a response dated March 23, 1999 to the Planning Staffs presentation at the public hearing. Planning Board: The proposed amendment was considered by the Planning Board on April 13, 1999. Based on the analysis of the application, supporting documentation, and the applicant's March 23, 1999 response, the Planning Staff reasserted that changed or changing conditions cited by the applicant does not address transition amendment criteria and recommended denial of the request. The Planning Board voted 6-2 to recommend approval of the" request. An excerpt from the minutes of the Planning Board meeting is attached. Miscellaneous: Certain attachments, a deed between Apex Northwest Partnership and the Orange County Board of Education and a survey prepared for the Board of Education, pertain to a proposed future school site on Apex Northwest property. An elementary, middle, or secondary school would be permitted on the property under the existing County zoning for the area Therefore, the school proposal should be considered under a separate plan review process, since it has no bearing on this application to amend the Land Use Element of the Comprehensive Plan. FINANCIAL IWACT: Not applicable. RECOMMENDATION: Administration Recommendation The Admdnistratdon recommends denial of the request based on the provisions of Article 2.114 (noted above) of the Zoning Ordinance not being met This is a legislative decision. : \donbe1k \apex- nw2.doc 2a RESOLUTION OF THE ORANGE COUNTY COMMISSIONERS TO DENY APPLICATION FOR PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN Date June 1, 1999 Name of Project Amendment to the Land Use Element of the Comprehensive Plan Owner /Applicant Apex Northwest Partnership The Board of County Commissioners hereby denies approval of the proposed amendment to the Land Use Element of the Comprehensive Plan submitted by Apex Northwest Partnership. Denial is based upon the following reasons pursuant to the non - adherence criteria noted in Article 2.2.14 of the Zoning Ordinance: • Not consistent with all locationai criteria for Ten -Year Transition; • Constrained transportation access; • Surrounding areas are not in transition from rural or low- density uses to urban or higher density uses; • Low population density relative to overall township population density; and • Located next to a National Register - eligible, working farmstead and the cemetery near the property has potential historic significance. g : \craig \apexdeny.doc \5- 25 -99 \gb 2b RESOLUTION OF THE ORANGE COUNTY COMMISSIONERS TO APPROVE APPLICATION FOR PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN Date June 1, 1999 Name of Project Amendment to the Land Use Element of the Comprehensive Plan Owner /Applicant Apex Northwest Partnership The Board of County Commissioners hereby approves the proposed amendment to the Land Use Element of the Comprehensive Plan submitted by Apex Northwest Partnership. Approval is based upon April 13, 1999 Planning Board deliberations supporting "changed or changing conditions" which would support an amendment change. g : \craig \apexappr.doc \5- 25 -99 \9b A pex Northwest Partnership 3 Request for Primary Amendment to the Orange County Land Use Plan il L-11 7A 11 MEMORANDUM TO: Orange County Board of Commissioners Orange County Planning Board John Link, County Manager FROM: Orange County Planning Staff DATE: February 10, 1999 SUBJECT: CP -1 -99, Apex Northwest Partnership Analysis of Proposed Comprehensive Plan Amendment On January 4, 1999, an application for amendment to the Land Use Element of the Comprehensive Plan was submitted by Apex Northwest Partnership. In, accordance with Articles 2 and 20 of the Zoning Ordinance, the proposed amendment is evaluated on the following pages. A. GENERAL DESCRIPTION The property proposed for amendment lies in the Hillsborough Township, north of the Town of Hillsborough, and lies between NC 86 and NC 57, north of Rocky Lane (SR 1622). It lies west and north of Mars Hill Baptist Church which is approximately 1.25 miles north of the intersection of NC 86 and NC 57. The property is undeveloped. The property in question contains two tracts totaling 390 acres. The larger tract, owned by Apex Northwest Partnership, is 312.96 acres, and is further referenced as parcel 14, tax map 3, Hillsborough Township. The southern portion of this property is proposed for dedication as a school site. A smaller tract, owned by Eva P. Brown et al and Lanie B. Powell, contains 78.11 acres and is further referenced as parcel IA, tax map 5, block B, Hillsborough Township. It is adjacent to the Apex Northwest tract on the south and is also included in the request. The proposed amendment would redesignate this property from its existing classification of Agricultural Residential to a new category, Ten -Year Transition. Ten -Year Transition is described in the Land Use Element as "land located in areas that are in the process of changing from rural to urban, that are suitable for urban -type densities and should be provided with public utilities and services within the first 10 year phase of the Plan. " The proposed designation of Ten -Year Transition would allow potential rezoning of the property to higher- density residential uses in the future. The property is currently zoned AR, which permits residential uses with a minimum lot size of 0.92 acres. B. APPLICATION REQUIREMENTS 5 Application requirements for an amendment to the Comprehensive Plan are contained in Articles 2 and 20 of the Zoning Ordinance. Listed below are the applicable requirements, followed by information provided by the applicants and/or staff comments (shown in bold). Amendment Rationale Article 2.2.14 states the reasons for which the Comprehensive Plan may be amended: a. "Because of changed or changing conditions in a particular area of the County." The applicant cites the creation of the Lower Eno Protected Watershed in 1993 for compliance with the State's Water Supply Watershed Protection Act of 1989. The area included in the proposed amendment is within the only Orange County portion of the Neuse River Basin that is currently not within a water supply watershed. b. "To correct an error or omission in the Comprehensive Plan." No error or omission is cited by the applicant. C. "In response to a change in policies, objectives, principles or standards governing the physical development of the County." The applicant cites the property's proximity to the proposed alignment to the Western Bypass and two major arterial roads as shown on the Hillsborough Transportation Plan adopted in 1997. While this rationale is not specifically referenced by the applicant, the adopted Hillsborough Transportation Plan could be considered "a change in ... objectives ... governing the physical development of the County." Qualification of Amendment as Principal or Secondary Article 2.2.14.2 describes the classification of Comprehensive Plan amendments as `Principal' or `Secondary'. This proposed amendment is a Principal amendment under 2.2.14.2.c in that principal amendment proposals are for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres in land area. The property involved in the proposed amendment adjoins an existing Ten -Year Transition Area and is 391 acres in size. The connection with the existing Transition Area occurs along approximately 420 feet of shared frontage with NC 86. 2 M Additional Information Article 20.3.2 requires the submission of the following additional information: a. "A fully- dimensioned map at a scale of not less than one hundred (100) feet to the inch showing the land which would be covered by the proposed Comprehensive Plan amendment, and a legal description of the land." Submitted. b. "The manner in which the proposed amendment will carry out the intent/purpose of the Comprehensive Plan." Listed below are several goals of the Comprehensive Plan cited by the applicant which, according to the amendment application, would be furthered by the proposed amendment. Goals statements (shown in italics) are followed by information provided by the applicants and/or staff comments (shown in bold). Land Use Goal 5.3: "Direct intensive land uses to existing urban areas designated Transition Area and away from areas which are suitable for continued agricultural uses and which are protected as water supply watersheds and water quality critical areas. " The applicant states that the property is not presently being used for agricultural purposes, although parcel 4.5.B.1A is enrolled in the Use Value program. The property lies outside of protected watersheds. Land Use Goal 14.2: "Require residential developers to set aside an adequate amount of acreage to meet future school facility needs. " The applicant proposes to dedicate a 30+ acres school site if the proposed amendment and subsequent development applications are approved. Land Use Goal 12.1: "Improve and promote the use of existing highway and transportation facilities as opposed to developing extensive new conventional transportation systems. The applicant cites proposed thoroughfares indicated on the Hillsborough Transportation Plan, specifically the extension of Coleman Loop Road as part of the proposed Western Bypass. The future development scenario suggested by the applicant would require the construction of new access roads. Land Use Goa19: "The provision of water and sewer lines in those areas that can be practically and efficiently served by these facilities. " 7 Provision of water and sewer to this area conforms to the long -range service plan of the Town of Hillsborough, and is within the proposed Hillsborough Service Area as defined in the draft Water /Sewer Boundary Agreement. At this time, however, a water and sewer extension contract does not exist between the applicant and the Town (see Agency Comments, 2/5/99 memorandum from Margaret Hauth to Gene Bell). Land Use Goal 13.2: "Encourage the multiple use of existing public and institutional buildings and grounds for recreation as well as their primary use. " The applicant proposes to dedicate a site for a new school facility which would serve as a joint location and use of school and park facilities. There are currently no "existing public and institutional buildings and grounds" on the property. Land Use Goal 13.1: "Locate parks and recreational areas close to residential areas to reduce long trips for recreational areas. " In the future development scenario proposed by the applicant, "any recreation facilities or programs associated with the school site would be within walking or biking distance from 550 residences anticipated with the development of the property." C. COMPARISON OF PROPOSED AMENDMENT WITH LOCATIONAL CRITERIA In analyzing an amendment to the Land Use Element of the Comprehensive Plan, the requested land use category is to be evaluated for compatibility with all applicable Locational Criteria from Section 3.4 of the Land Use Element. In the following table, COMPLIES means that the area being evaluated is compatible with the locational criteria. DOES NOT COMPLY means that the area is not compatible with the locational criteria. QUESTIONABLE means that compatibility cannot be assessed completely from information currently available. CRITERIA TEN YEAR TRANS MON SLOPE COMPLIES: Some slopes in the 10-15% range are found along Stroud's Creek. However, site No significant slope or development and the extension of public water and sewer should not be adversely affected, as this topographic problem that wouWl part of the site would likely be undeveloped. unreasonably increase the cost of extending water and sewer lines HYDROLOGY COMPLIES: Areas of 100 -year floodplain occur along the banks of Stroud's Creek, the upper Located outside of 100 -year reach of which bisects the property at the border between Parcels 4.1.14 and 4.5.B.IA on the flood-prone areas• southern part of the property. However, these areas are not likely to be used for development purposes and would normally remain an undeveloped portion of the site. 4 CRITERIA TEN YEAR TRANSITION FLORA AND FAUNA COMPLIES: There are no identified sites of unique or endangered species in this area. The closest Located away from sites thar sites in the Inventory of Natural Areas and Wildlife Habitats are the Eno River Duke Forest Mesic would, if developed, create a,' Slopes (EO4) and the Poplar Ridge Slopes and Bottom (E08), located over 3 and 4 miles away, threat to unique or endangered respectively. Bottomland hardwood forest is identified within the site, along the 100 -year floodplain species as identified by the State of Stroud's Creek. or Federal Government. SOIL CONDITIONS COMPLIES: The southern portion of the property (south of Stroud's Creek) is predominately Located in areas where general Georgeville silt loan (GeB and GeC) soils. which are generally conducive to development and have soil conditions are suitable for slight to moderate constraints for construction. North of Stroud's Creek, the site is contains mostly urban uses because of good > Herndon silt loam (HrB and HrC) soils, which also have slight to moderate developmental drainage characteristics and load constraints. There are significant areas of GeC and HrC class soils present that have slopes on the bearing capacity for site order of 6-10% associated with them. However, this should not pose undue problems for site development. development. A very small portion of the site along the creek contains Tatum (TaD) silt loams and Chewacla (Ch) loam , which have slopes of 8 -15 %. However, the presence of these soils should not pose unworkable development constraints. PUBLIC SERVICES/ COMPLIES: Public water and sewer would be provided by the Town of Hillsborough. The site is UTILITIES within the area designated as Hillsborough Primary Service Area in the proposed Public Located in areas which are or Water /Sewer Service Boundaries agreement. Water could provided by extending a main from the could be reasonably and new water tower near Frank Perry Road. An existing water line currently serves the Mars Hill efficiently served by cenftjhzed Baptist Church. Sewerage could be provided by constructing a new pump station and force main to ic services and utilities. connect to an existing outfall on Orange High School Road. TRANSPORTATION QUESTIONABLE: The site is located in close proximity to Interstate 85 and US 70 Bypass. SYSTEM Furthermore, it is situated directly between two major thoroughfares, NC 86 and NC 57. Despite Located in areas that have very these locational advantages, direct access to the property is limited. There are two sections of good road access, as well as frontage along NC 86; however the frontage at the northern end of Parcel 5.B. IA is constrained by service by rail lines. These areas ' Stroud's Creek. There are two sections of frontage along NC 57. For the southernmost section, should have the most complete therre is a discrepancy between the deed description of the frontage and measurement of the frontage transportation network in the from the tax map (revised 9/15/97) which were submitted with the application. According to the County's planning jurisdiction: deed description, the frontage is adequate in width at approximately 170', but as scaled from the tax map, the frontage measures only 60' in width. The northernmost section appears to be no more than 77' wide. There is no direct access to rail service, however, this should not be a constraint for development of most small-scale commercial and industrial uses. ENERGY USE COMPLIES: A number of small -scale uses are located at the US 70 Bypass/NC 86 intersection, Located within less than a fives- which is less than 5 minutes away. minute commuting time from. small-scale commercial uses and a 5 -10 minute commuting tip from major commercial uses or an urban area. EXISTING LAND USE DOES NOT COMPLY: The property is located in an area which remains largely undeveloped or Located in areas which are in in low- density residential use. There has been very little transitional activity at or near this property. transition from rural or low - An adjoining, existing Ten Year Transition Area located south of Coleman Loop Road and west of density uses to urban or higher - NC 86 has been in place for 14 years has seen no development activity during this period. density uses. CRITERIA TEN YEAR TRANSITION AGRICULTURE AND QUESTIONABLE: The Brown and Powell tract (4.5.B.IA, 78 acres) is enrolled in the Orange FORESTRY County Present Use taxation program, qualifying under Agriculture. The adjacent Phelps Farm Located away from areas where remains an active agricultural operation. Large scale development of the property could have a development would have a detrimental impact on the Phelps Farm. detrimental impact on productive agricultural uses and managed forest land. POPULATION DENSITY DOES NOT COMPLY: According to 1990 Census data, the population density for the census Located in areas with moderate- tract block group which contains the property (Tract 109, Block Group 2) is 67 persons per square to-high population densities. mile. By contrast, density for the census tract located south of the property (Tract 110, Block Group 1), which contains most of the town limits of Hillsborough, is 406 persons per square mile. This compares similarly with the overall Township density of 430 persons per square mile. HISTORIC AND CULTURAL DOES NOT COMPLY: Phelps Farm (Survey #OR0667) is adjacent to the property. This site is Located away firm areas where on the state's National Register Study List and deemed potentially eligible for the National Register development would have a of Historic Places. There are three other sites adjacent to the property that have been identified in detrimental impact on State or the County's historical architecture survey. There are no known archeological sites on the property Federally acknowledged according to state maps. However, the Orange County Cemetery Survey has identified an old historic/cultural sites or County- Quaker cemetery near the Mars Hill Baptist Church. identified; public interest areas.' D. IMPLICATIONS OF THE PROPOSED AMENDMENT If the proposed amendment is approved, the applicant may submit a rezoning petition for a residential zoning district with densities greater than one unit per acre. These districts range from a low of R -2 (two units per acre) to R -13 (13 units per acre). The most -dense existing zoning in County jurisdiction is an R -8 district at Timbers Mobile Home Park. There are three R -5 subdivisions in County jurisdiction. The proposed amendment will impact the existing Rural Industrial Activity Node focused on the intersection of Coleman Loop Road and NC 86. A plan amendment aproved in January 1985 extended the Ten -Year Transition area into the southwest quadrant of the Activity Node. Approximately 85% of the 78 -acre lower tract (4.5.13.1 A) and 15% of the 313 -acre Apex Northwest tract lies within this land use plan category. If approved, the amendment would result in the possible extension of urban services, further eroding the Rural Industrial Activity Node. Ultimately, the amendment may necessitate a change to the node to another, higher- intensity classification such as Commercial Industrial Transition Activity Node. E. AGENCY COMMENTS Agency comment has been received from Orange County Sheriff. The Sheriff currently provides patrol services to this area without difficulty, but states in his comments that "should the area be developed with a large number of homes requiring services, we would need to have an increase in personnel and equipment." 10 Comment has also been received from the Town of Hillsborough. The Town confirms that the property involved in the proposed amendment is within the service area for water and sewer utilities, but states that a contract does not exist between the Town and the applicant with regard to water and sewer extensions. Orange County Emergency Management staff comment that potential development will impact the workload of the County 911 Center, fire, and EMS emergency response. EMS is also concerned about the means of access to the property. F. RECOMMENDATION The Planning Department recommends denial of the proposed Comprehensive Plan amendment, for the following reasons. 1. The proposed amendment is not consistent with all locational criteria for a Ten -Year Transition Area 2. The site has locational advantages given its location between NC 86 and NC 57, but very constrained access to the property . Access depends upon completion of a proposed Western Bypass (Coleman Loop Extension), not upon the existing transportation network 3. The surrounding areas are not in transition from rural or low- density uses to urban or higher density uses. The adjoining Ten -Year Transition area has been designated since January, 1985, yet no higher - density development activity has occurred there.. 4. The property is located in an area of low population density relative to the overall Hillsborough Township population density. 5. The property is located next to a National Register - eligible, working farmstead The cemetery located on or near the property has potential historic significance. 7 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 •.1. N .Ir LAND USE PLAN AMENDMENT APPLICATION All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: OFFICE USE ONLY REQUEST �kJM I - `1 DATE RECEIVED: RECEIVED JAN 0 4 1999 STAFF PERSON(S1 RESPONSIBLE: Crcr.a� - /�� �ti fie. //, GENERAL DATA: Property Owner(s) Name: Mailing Address: 1137 KILDAIuF FARM ROAD CARY f NC 27511 Phone: ( Home) ( Work) 919- 460 -1048 Agent (s) Name: QVZZM-PARIK R' INC' Mailing Address: 104 N. CHURIUN STREET riILUBGRGUG , NC 27278 Phone: 919- 732 -3883 SPECIFIC DATA: Tax Reference: Township 4 Tax Map 3 Block Lot 14 Public /Private Road Name: NC HIGHWAY 57 Lot Size: Acreage 312.4 ACRES Square Footage 1j.608.144 SQ -ET- Lot Frontage 249 FT. Lot Depth 2628 FT. Current Plan Category Designation(s): General AGRICULTURAL RESIDENTIAL Activity Node RURAL INDUSTRIAL Joint Planning Area NA Watershed NEUSE (n6n- critical) 11 12 REQUEST #LUP- SPECIFIC DATA (continued): Describe Land Uses in the General Area: LIGHT =STRy, CHURCH, On Adjacent Parcels of Land: RESIDENTIAL, CHURCH REQUEST: Land Use Plan Category Designation(s) Requested: 10 -YEAR TRANSITION Type of Amendment: Primary X Secondary * * * * * * * * * * * * This application should be submitted with the following materials: V/ Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, in question. Legal description of the parcel, or portion thereof. V Letter of request to include: o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s) o a narrative.stating the manner in which the proposed amendment will carry -out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We), the undersigned, certify that all statements furnished in this application are true and to the best of my (our) knowledge and that the application as submitted is complete. AMS CALLEMYN - PLS NAME OF APPLICANT SIGNATURE F PLICANT(S) /4 /(=15 DATE 13 LEGAL DESCRIPTION OF PARCEL 4.1.14 BOOK 1746 PAGE 206 BEGINNING at a point located in the centerline of N.C. 57, said point being located North 10 036'45" East 159.1 feet from N.C.G.S. Monument "Mars ", said monument having North Carolina Grid Coordinates N= 859,137.295 and E= 1,971,017.260, said point of Beginning marking the northeast comer of the Mars Hill Baptist Church property (see deed recorded in Book 276, page 101, Orange County Registry); runs thence along the lines of the Mars Hill Baptist Church property the following courses and distances: North 88 039'47" West 397.56 feet to an existing iron pipe; North 88 033'28" West 203.23 feet to an existing iron pipe; South 11 040'22" West 863.12 feet to an existing iron pipe; and South 88 033'28" East 550.30 feet to a point located in the centerline of N.C. 57; runs thence along the centerline of N.C. 57 South 14 °48'40" West 178.27 feet to a point marking the northeast comer of the property of Annie D. Freeland, now or formerly (see deed recorded in Book 669, page 97, Orange County Registry); runs thence leaving the centerline of N.C. 57 along the northern line of the Freeland property North 88 022'32" West 1210.92 feet to an existing iron pipe marking the northeast comer of property belonging to Randolph Brown, now of formerly; runs thence North 00 006' West 137.00 feet to a new iron pipe; rune thence along and with a branch the following courses and distances: North 12 035' West 217.55 feet to a point; North 15 004' East 75.34 feet to a point; North 41 011' East 123.6 feet to a point; North 13 049' West 189.52 feet to a point; North 04 033' East 111.58 feet to a point; and North 56 °40' West 116.4 feet to an existing iron pipe marking a comer of property belonging to Robert Dean Ferguson, now or formerly (see plat recorded in Plat Book 56, page 57, Orange County Registry); runs thence along the eastern line of the Ferguson property and the eastern line of property belonging to John T. Homer, now or formerly (see deed recorded in Book '195, page 177, Orange County Registry) North 00 047' East 1702.86 feet to an existing iron pipe marking the northeast comer of the Homer property; runs thence along the northern line of the Homer property South 89 031'19" West 448.02 feet to an existing iron pipe marking the southeast comer of the property belonging to Ray and Bruce Lucas, now or formerly (see deed recorded in Book 1261, page 592, Orange County Registry); runs thence along the eastern line of the Lucas property North 00 °3325" East 1459.08 feet to an existing iron pipe marking the southeast corner of the property belonging to George Tate, Jr., now or formerly (see plat recorded in Plat Book 18, page 126, Orange County Registry); runs thence along the eastern line of the Tate Property, and along property belonging to Charlie W. Torain, now or formerly, North 00 °05'03" East 1453.5 feet to an existing iron pipe located in the southern line of property belonging to William E. Whitted, now or formerly (see deed recorded in Book 1245, page 592.1 Orange County Registry and plat recorded in Plat Book 53, page 102, Orange County Registry); runs thence along the southern line of the Whitted property South 89 000'47" East 1726.5 feet to an existing iron pipe marking the northwest corner of property belonging to Cora E. Hancock, now or formerly (see deed recorded in Book 1423, page 11, Orange County Registry); runs thence along the western line of the Hancock property South 00 °10'47" East 756.58 feet to an existing iron pipe; runs thence along the southern line of the Hancock property South 88 009'26" East 1361.94 feet to an existing iron pipe marking the northwest comer of property belonging to Marvin Phelps, now or formerly; runs thence along the western line of the Phelps property South 02 025'05" West 1058.4 feet to an existing iron pipe marking a corner of property belonging to J.J. Freeland Heirs, 14 now or formerly (see deed recorded in Book 400, page 235, Orange County Registry); runs thence along the Freeland Heirs property the following courses and distances: North 89 °23'41" West 953.00 feet to an existing iron pipe; and South 01 006'56" West 951.82 feet to an existing iron pipe marking the northwest comer of a Quaker Cemetery; runs thence South 03 011'48" West 522.96 feet to an existing iron pipe marking the northwest comer of property described by deed recorded in Book 1390, page 592, Orange County Registry; runs thence South 02 °34'15" West 500.62 feet to an existing iron pipe marking the southwest comer of property described by deed recorded in Book 1451, page 360, Orange County Registry; runs thence South 80 039'30" East 156.7 feet to a point located in the centerline of N.C. 57, said point being located South 12 °14' West 981.99 feet from N.C.G.S. Monument "Billy", said monument having North Carolina Grid Coordinates N= 860,096.987 and E= 1,971,225.337; runs thence South 14 057'18" West 30.76 feet to the point and place of Beginning, containing 312.96 acres, all according to that survey entitled "Property of Champion Realty Corp." Dated June 10, 1997 and prepared by R. Lowell Hams, Registered Land Surveyor. 15 ATTACHMENT ADDITIONAL PROPERTIES TO BE AMENDED WITH APPLICATION: TAX MAP NUMBER.- .. WNE IE'-©UNNAGEN- FREEL4ND. -f tdE HWY -57-- +ffL- L-SBOROU6i+ NC =7278- TAX MAP NUMBER: 4.5.B.1A OWNER: EVA P. BROWN ETAL & LANIE B. POWELL 1101 NC HWY 86 NORTH HILLSBOROUGH, NC 27278 16 LEGAL DESCRIPTION OF PARCEL 4.53.1A BOOK 1539 PAGE 160 BEGINNING at a concrete marker in the West property line of Claude Porterfield, said marker being in the East right -of -way line of N.C. Highway No. 86, and running thence with the East right -of -way line said Highway 86 North 16 deg. 45 min. West 62.55 feet to an iron stake, the Northwest comer of Claude Porterfield lot; running thence with the Porterfield line North 89 deg. 45 min. East 614 feet to an iron stake; thence North 00 deg. 51 min. East 1822.39 feet to an iron stake and rock, Northwest comer of tract belonging to Claiborne Wilkerson; thence with the Wilkerson's line South 88 deg. 21 min. 46 sec. East 640.65 feet to an iron stake, comer with Paul Leroy Wilkerson; thence with the Wilkerson's line North 17 deg. 23 min. East 401.10 feet to an iron stake in the line of W.G. Freeland tract; thence with Freeland line North 88 deg. 37 min. 02 sec. West 502.86 feet to an iron stake, the Southwest corner of W.G. Freeland tract; thence with the Freeland's line North 00 deg. 59 min. 18 sec. East 1985.63 feet to an iron stake in the South line of tract belonging to Albemarle Paper Company; thence with Albemarle Paper Company's line and line of Mrs. Myrtle Blackman North 89 deg. 10 min. West 1291.62 feet to comer with Mrs. Blackman; thence with Blackman line South 41 deg. 51 min. West 777.52 feet to an iron stake; thence continuing with Blackman line South 65 deg. 51 min. West 242.57 feet to stake in center of N.C. Highway No. 86; thence with said Highway South 16 deg. 57 min. 18 sec. East 741.83 feet to stake in center of Highway; thence South 00 deg. 30 min. West 100.93 feet to a stake in the West right -of- way line of said Highway; thence South 00 deg. 30 min. West 1056.12 feet to stake, the Southwest comer of the tract belonging to Brown Heirs; thence North 89 deg. 30 min. West 220.74 feet to an iron stake in the South line of the Brown Heirs tract; thence South 18 deg. 41 min. East 457.01 feet to an iron stake; thence South 89 deg. 30 min. East 70.44 feet; thence South 00 deg. 30 min. West 201.67 feet to an iron stake; thence continuing South 19 deg. 10 min. East 818.42 feet to an iron stake, comer of tract belonging to Town of Hillsborough; thence North 87 deg. 08min. East 165 feet to an iron stake; thence South with the line of the Town of Hillsborough tract 00 deg. 57 min. East 323.05 feet to concrete marker, comer of Mrs. L.E. Crabtree tract; thence with Mrs. Crabtree's line North 89 deg. 45 min: East 479.49 feet crossing Highway No. 86 to the place or point of beginning. The above described tract contains 158.95 acres after excepting the above described tract the homeplace of R.R. Brown containing 2.59 acres (Deed Book 136, Page 276). The above described tracts are shown on survey and plat of the J.L. BROWN PROPERTY ESTATE as surveyed on February 17, 1966, by Davison Timber Management Service, Inc., and are subject to any and all recorded easements. LESS AND EXCEPT, HOWEVER, THE REAL ESTATE PREVIOUSLY CONVEYED BY DEEDS RECORDED IN BOOK 136, PAGE 272; BOOK 207, PAGE 200; BOOK 207, PAGE 213; AND BOOK 310, PAGE 601, ALL IN THE ORANGE COUNTY REGISTRY. EVA P. BROWN 1101 HIaHWAY 86 NORTH HulswitouaH, NORTH CAROLiKA 27278 February 2, 1999 Orange County Planning Department 306F Revere Road Hillsborough NC 27278 Dear Sir or Madam: FEB 2 Re: Inclusion of 78.11 acres (Tax Map # 4.5.B. IA Pin # 9865 -87 -8090) in the 10 -year transition area of the Orange County Land Use Plan, as requested by Apex Northwest Partnership For myself and as the agent of the other owners of the above- described property, I join with Apex Northwest Partnership in its request that this property be included in the 10 -year transition area. State of North Carolina County of Orange Subscribed before me this the 2nd day of 140iary ruouc My commission expires: � Sincerely yours, &v (F & o L--V\ Eva P. Brown NOTARY SEAL C.D. ROGUE, III Notary Public Otanpe County Sim. of North Carolina NWOIt E34*0s 8/23/03 17 ;359 ,ond Surveyor Hemyn ;Darker Inc. CM1 Engineer REQUEST FOR PRIMARY AMENDMENT TO THE ORANGE COUNTY LAND USE PLAN January 4, 1999 lu 104 N. Churton Street, Hillsborough, NC 27278 - (919) 732 -3883 - Fax (919) 732 -6676 Applicant Apex Northwest Partnership Proposed Land Use Plan Amendment Property Owner Apex Northwest Partnership Tax Map Reference Location North of Rocky Lane, between NC 86 North and NC 4.3..14 57 Total Area 312.96acres Existing LUP Designations Agricultural Residential (312.4 acres) Rural Industrial Activity Node (45.45 acres) Proposed LUP Designation 10 -year Transition Area Size of 312.96acres Description Future Parcel Planned Unit Development with a residential Development density of about 2 du/acre. A maximum of Proposed by about 550 dwelling is anticipated. Clustering of Applicant units will be proposed in order to create (if L UP amendment residential pods surrounded and connected by is approved) open space and greenways. In addition, some non - residential uses such as a church, daycare, and retail may be proposed. Area to be 282 acres Developed Area to be 30+ acres Dedicated for School Site 104 N. Churton Street, Hillsborough, NC 27278 - (919) 732 -3883 - Fax (919) 732 -6676 19 The applicant owns a 312 -acre tract located between NC 86 north and NC 57 behind and north of Mars Hill Baptist Church. If the Land Use Plan amendment is approved, the applicant plans to submit a proposal for a Planned Unit Development to include a combination of residential and non - residential uses, as described in the table above. The proposal also includes dedication of a school site, and dedication of right -of -way for a portion of the Western By -pass. Approval of the Land Use Plan amendment is needed for residential density greater than one unit per acre. The applicant has proposed that a portion of the area between the northern boundary of Hillsborough's jurisdiction, and the southern boundary of the applicant's property also be included in the amendment request in order to provide continuity between the Transition Area and the Town of Hillsborough (SEE ATTACHMENT). MANNER IN WHICH THE PROPOSED AMENDMENT WILL CARRY OUT THE INTENT AND PURPOSE OF COMPREHENSIVE PLAN The proposed amendment would positively contribute towards carrying out the following goals of the Comprehensive Plan: Goal 5.3 Direct intensive land use to existing urban areas designated Transition Area and away from areas which are suitable for continued agricultural uses and which are protected as water supply watersheds and water quality critical area Although the property is currently designated Agricultural Residential it is not presently being used for agricultural purposes. No record of this property being used for agriculture could be found. Therefore, continuation of agricultural uses would not be feasible. The property is located within the only Orange County portion of the Neuse River Basin that is not located within a protected watershed. The southern boundary of the Little River watershed is located about 750 feet to the north of the property. The Upper Eno Watershed is located about 4,500 feet to the west of NC 57. The Lower Eno watershed is located about 9,000 feet east of the site. The property is located within the Neuse River Basin which requires 50 foot buffers along all applicable streams. As the property is developed these buffers will be established in accordance with the Neuse River Basin Rules. Goal 14.2 Require residential developers to set aside an adequate amount of acreage to meet future school facility needs. The applicant proposes to dedicate at least 30 acres to the Orange County Board of Education for a school site (see 11%23/98 letter from Michael 20 Parker - Addendum 1). The area to be dedicated is located in the southernmost portion of the property west and south of Mars Hill Baptist Church. It would be located on the south side of the proposed alignment of the western bypass. (see Goal 12.1). The land to be dedicated is "high and dry", with exception of a small stream on the southernmost portion that is potentially subject to a 50' buffer by the Neuse River Basin Rules. Goal 12.1 Improve and promote the use of existing highway and transportation facilities as opposed to developing extensive new conventional transportation systems. The current Hillsborough Thoroughfare Plan calls for the Western Bypass to extend from US 70 west of Hillsborough to NC 57. This Thoroughfare Plan and the proposed alignment of the access road, for the school and subject development, coincide. NCDOT has reviewed the proposed alignment and stated that it is acceptable for future construction of the bypass (See Addendum 2). NCDOT will continue to be a part of the planning and design component throughout the life of this project. Construction for the school and proposed development would include construction of a left turn lane on NC 57 and approximately 1500 feet of the Western Bypass from NC 57 to the school entrance and future PUD . Construction of the remaining segment of the bypass between NC 57 and NC 86 North would be constructed by NCDOT. Although NCDOT has not indicated when the road will be constructed, it is likely that the construction schedule would be accelerated due to the dedication of the right -of -way and the construction of a portion of the road to serve the school. Goal 9 The provision of water and sewer lines in those areas that can be practically and efficiently served by these facilities. Public water and sewer will be provided by the Town of Hillsborough. It is within the area designated as Hillsborough Primary Service Area in the proposed Water and Sewer Management, Planning and Boundary Agreement. A 12 -inch water main would be extended from the new water tower near Frank Perry Road to provide water for fire protection for the school site and for the future needs of the development. Potable water for the school would be provided by a 2000' extension of the 6 -inch line that currently serves the Mars Hill Baptist Church. 21 Sewer service would be provided by construction of a new gravity line (8" minimum) following Stroud's Creek to a new pump station in the vicinity of Governor Burke Road. Service would then continue along a new force main connecting to the existing outfall on Orange High School Road, which in turn connects to a pump station near Hwy 70. This conceptual plan for providing water and sewer service was reviewed by former Town Engineer Tom Hartye and Town Manager Eric Peterson. It conforms to the overall master plan for the Town, and wil! help provide service to areas that do not have suitable soils for conventional on -site septic systems. (See Addendum 3). OTHER CIRCUMSTANCES, FACTORS AND REASONS OFFERED IN SUPPORT OF THE PROPOSED AMENDMENT 1. Other goals of the Comprehensive Plan which could be furthered by approval of the proposed amendment include the following: Goal 13.2 Encourage the multiple use of eiristing public and institutional buildings and grounds for recreation as well as their primary use. Dedication of the school site creates an opportunity for joint location and use of school and park facilities. The size of the parcel to be dedicated for a school site is of a sufficient size to enable development of a joint use facility. By comparison, the New Hope Elementary School is located on a 23 -acre tract and A.L. Stanback Middle School is located on 30 acres. The minimum size needed for an elementary school is 10 acres plus 1 acre per 100 students. Therefore, the future elementary school would require 16 acres for the anticipated 600 students. The proposed 18 acres to be dedicated at this time plus the 12 acres to follow would be more than adequate to support both the school and park facilities. (See Addendum 4). Goal 13.1 Locate parks and recreational areas close to residential areas to reduce long trips for recreational purposes. If a Joint Use Agreement is developed between Orange County and the School Board, then any recreation facilities or programs which may be associated with the school site would be within walking or biking distance from the 550 residences anticipated with the development of the property. . 2. A school impact fee of $750 will also be collected as lots are developed. This will result in a contribution of $412,500 (assuming development of 550 units) in addition to the dedication of the school site. 22 STATEMENT OF CHANGED OR CHANGING CONDITIONS WHICH MAKE THE PROPOSED AMENDMENT REASONABLY NECESSARY 1. Several new water supply watersheds, including the Lower Eno, were recognized in 1993 for protection in accordance with the State's Watershed Protection Act of 1989. The area included in the proposed amendment is now located in the only Orange County portion of the Neuse River Basin that is not in a water supply watershed. 2. The development of an elementary school in the proposed location will affect land use patterns in the immediate area. Residential development in close proximity to school sites is desirable to minimize traffic and to provide opportunities for pedestrian and bike access. 3. The proximity to the proposed alignment to the western bypass and two major arterial roads as shown on the Hillsborough Transportation Plan adopted in 1997 will minimize traffic impact on existing local streets. W JAY To: R. 3Ugene Bell, Director Orange County Planning Department From: Sheriff Lindy Pendergrass Date: January 22, 1999 Re: HC 86 and 8C 57 Location: Hillsborough Township Tax Map 3/5 312.96 Acres Reclassification from Agricultural Residential to Ten -Year Transactional The Orange County Shoriff's Office has boon asked to write a letter regarding our ability to provide law enforcement services for the proposed rezoning site. M* presently provide patrol services to this area without difficulty. However should the area be developed with a large number of homes requiring services, we would need to have an increase in personnel and equipment. Should any further information be needed please contact our office. 23 02/02/1399 00:14 Town Of ills 9194692864 MEMORANDUM TRIANGLE MAT, PAGE 02 To: Gene Ben. Interim Planning Director From: Margaret A. Hawk Plan aint Dhwtorm�i Date: Febnmy S, 1999 1', rEIVED FEB f2E: Cblfficatioo regarding Apex Noctbweu Partnership's Land Use Pfau amenmdment I wamd to cafe this oppott my to du* m%rm wn provided in the application for an amendment to the Land Use Plan submitted by Apex Northwest Partnership. In their application discussion of Goal 9, they on that " Public water aid sewer wilt be provided by the Tows of Hnlsborough." The proposed project n witbin the service an for town utifina aid stag has bad Mcuaaiooa with the developers about se Mq thin project. At this time. a water and aewet extemion contract does not exist between the deveinm and the Town. The Town Board has not yet been asked to oonider my agmetimm with doe developers. Any extenriom of public utilities to the site will be done at the experoc of the developer in a aaheduk and u m w that would be governed by in extetaion agreement between the developer and the Town Board. 101 &U oftw stmt • P.D. Box 429 9 Hakb~, North CaroHm 27278 919 -792 -2104 • Few 919-6" -2190 24 9 -1 -1 Communications 24 Hour Warning Point 919- 732 - 8161.933 -2600 24 -Hour Fax Machine 919 - 967 -9026 Orange County Emergency Management P.O. Box 8181 Hillsborough North Carolina 27278 R February 11, 1999 TO: GENE BELL, AICP, PLANNING DEPT. Emergency Medical Services Fire Marshal Disaster Response Hazardous Materials 919- 644 - 3030 • %8 -2050 Administrative Fax Machine 919- 968 -4066 FROM: MIKE TAPP, DEPUTY DIRECTORNIRE MARSHAL 1' � RE: APEX NORTHWEST PARTNERSHIP Staff at Emergency Management offers the following comments for the proposed amendment to the Land Use Element for the proposal from Apex Northwest Partnership. Planned residential, educational and potential commercial/retail development will impact the workload of the County 9 -1 -1 Center, fire and EMS emergency response. Increase in staff may be needed to process the additional call volumes and mitigation of incidents. We have an attachment with the potential increases indicated. We share concerns about means of access for emergency response and disaster mitigation. Adequate access is vital to a project of this scope to insure secondary means of ingress and egress. Water supplies for fire protection should be adequate for necessary fire flows based on National Fire Protection Association guidelines. Water lines should be looped and fire hydrants adequately spaced- If you need additional information, please contact us. Located at 1914 New Hope Church Road • Chapel Hill, North Carolina 27514 25 cD N Emergency Management Personnel Impact of Development Projects This table displays an estimate of the regular Full -time equivalent positions required to handle the normal Emergency Management calls expecled from the development projects shown. The values in this table were calculated using actual current call volume, duration, and personnel requirements extrapolated over the applicable population. Review Project Number of EMS Telecom Fire Marshal Fire Dept Date Name Homes FTE FTE FTE FTE 2/5/99 Berry Grove 50 0.062 0.043 0.012 0.055 2/5/99 Savoy Park 25 0.031 0.021 0.006 0.027 2/10/99 Lawrence Park 244 0.304 0.209 0.058 0.266 2/11/99 Apex Northwest 550 0.685 0.471 0.131 0.604 Number of EMS Telecom Fire Marshal Fire Dept Totals to date since Homes PTE FTE FTE PTE February 1, 1999 869 1.083 0.745 0.208 0.955 Thursday, February 11, 1999 Page 1 of I 27 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 u a February 5,1999 Dear Property Owner. You have been identified as the owner of property within 500 feet of a proposed amendment to the Land Use Element of the Orange County Comprehensive Plan. This proposed amendment, CP -1 -99, has been received from Apex Northwest Partnership for property between NC 86 and NC 57, north of the Town of Hillsborough (please see map on reverse). This proposal will be presented at a public hearing before the Orange County Board of Commissioners and Orange County Planning Board at 7:30 p.m. on Monday, February 22,1999. The public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 East Margaret Lane, Hillsborough, North Carolina. Apex Northwest Partnership requests an amendment to the Land Use Element of the Orange County Comprehensive Plan to expand the Ten -Year Transition plan category to land currently designated Agricultural Residential. The property in question is north of the Town of Hillsborough and lies between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It lies west and north of Mars Hill Baptist Church which is approximately 1.25 miles north of the intersection of NC 86 and NC 57. The property is undeveloped, contains 312.96 acres, and is fiuther referenced as parcel 14, tax map 3, Hillsborough Township. The southern portion of the property is proposed for dedication as a school site. A smaller tract containing 78.11 acres referenced as parcel IA, tax map 5, block B, Hillsborough Township, and owned by Eva P. Brown et al and Lanie B. Powell is adjacent to the Apex Northwest Partnership tract on the south and is also included in the request. The proposed amendment would redesignate this property from its existing classification of Agricultural Residential to a new category, Ten -Year Transition. The designation of Ten -Year Transition is applied to land in transition from rural to urban uses which has or will have access to public water and sewer service. The proposed designation of Ten -Year Transition would allow potential rezoning of the property to higher - density residential uses in the future. The property is currently zoned AR, which permits residential uses with a minimum lot size of 0.92 acres. You are invited to attend the February 22 public hearing and comment on the proposal. If you have any questions or desire more information about this proposal, please contact me at 732 -8181, 967 -9251, 227- 2031 or 688-7331 (extension 2594). Sincerely, X44� Donald R. Belk, AICP Planner IIJLand Use and Preservation 28 EXCERPT FROM MINUTES OF JOINT PUBLIC HEARING, FEBRUARY 22, 1999 ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD ITEM D.2. Comprehensive Plan Amendment a) CP -1 -99 Apex Northwest Partnership This item was presented by Planner Don Belk for the purpose of receiving public comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. Mr. Belk stated that the Land Use Plan is a part of the County's Comprehensive Plan. It guides the County's policies on growth, establishes land use goals and objectives and seeks to influence the location and pattern of development. The Zoning Ordinance provides for changes to the Land Use Element and Land Use categories in.the following situations: • because of changed or changing conditions in a particular area or areas of the county, or • to correct an error or omission in the Land Use Plan, or • in response to a change in polices, objectives, principals or standards governing the physical development of the County. The applicant, Apex Northwest Partnership, submitted an application to amend the Land Use Plan. The property proposed for the amendment lies in Hillsborough Township, north of Hillsborough between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It is also west and north of the Mars Hill Baptist Church property. The property is currently undeveloped and contains two (2) tracts totaling 390 acres. The larger tract is owned by Apex Northwest Partnership and is 313 acres in size. On the southern portion of the property is a tract owned by Eva Brown and Wayne Powell and it contains 78.11 acres. There is a significant portion of this property that lies within the existing Rural Industrial Activity Node which is focused on the intersection of Coleman Loop Road and NC 86. A Plan Amendment was approved in January 1985 which extended the 10 -Year transition area into the southwest quadrant of this activity node. Eighty -five (85°x6) of the Powell and Brown tract lies within this Land Use Plan category and 15% of the Apex Northwest Partnership tract lies within that plan category. The property, for the most part, is zoned for Agricultural- Residential (AR) which permits residential uses at a density of 1 unit per acre or a minimum lot size of .92 acres. This amendment to change this area to a 10 -Year Transition Area could possibly result in an extension of urban services which would impact the rural Industrial Activity Node. Ultimately, because of the higher density uses that would be permitted with a 10 -Year Transition Area that could necessitate another change to the Land Use Element to change the Rural Industrial Activity Node to a higher intensity classification such as a Commercial Industrial Transition Activity Node. A 10 -Year Transition Area is described in the Land Use Element as land located in areas that are in the process of changing from rural to urban and are suitable for urban densities and located in an area that should be provided with public utilities and services within the first 10 -Year phase of the plan. The Amendment proposed by Apex Northwest in their application would expand the 10 -Year Transition Plan category to land currently designated as Agricultural Residential and Rural Industrial Activity Node. It would also allow the potential rezoning of property to higher density residential uses in the future. Changes to the Land Use Categories require comparing the proposal with criteria to determine the suitability of certain locations to contain certain land uses. The land use categories help the Commissioners to make decisions about the most appropriate distribution of land throughout the County. Requests to change the location of land use categories require that the proposed change be filtered through the locational criteria in order to evaluate the suitability of the area which contains potentially different land uses. That determination is the most important step in the analysis of an amendment to change the land J l-. uses. The locational criteria used to make this determination are land slope, hydrology, flora and fauna, soil conditions, public services and utilities, transportation system, energy use, existing land uses, agricultural and forestry, population density and historic and cultural features. In the analysis conducted for the Planning Board and Board of Commissioners, a table was provided that listed each criteria along with the determination of whether the area being evaluated was compatible for the requested land use category change. The point to be made about the analysis is that although there have been discussions about a school and /or a park site, those discussions have not entered into this analysis. The staff evaluation of the locational criteria is focused on the existing conditions and trends and not on development proposals. The areas of noncompliance are listed below: 1) Existing Land Use: The property is located in an area which remains largely undeveloped or in low- density residential use. There has been very little transitional activity at or near this property. An adjoining, existing Ten Year Transition Area located south of Coleman Loop road and west of NC 86 has been in place for 14 years and has seen no development activity during this period. 2) Population Density: According to 1990 census data, the population density for the census tract block group which contains the property (Tract 109, Block Group 2) is 67 persons per square mile. By contrast, density for the census tract located south of the property (Tract 110, Block Group 1), which contains most of the town limits of Hillsborough, is 406 persons per square mile. This compares similarly with the overall Township density of 430 persons per square mile. 3) Historic and Cultural: Phelps Farm (Survey (Survey #OR0667) is adjacent to the property. This site is on the state's National Register Study List and deemed potentially eligible for the National Register of Historic Places. There are three other sites adjacent to the property that have been identified in the County's historical architecture survey. There are no known archeological sites on the property according to state maps. However, the Orange County Cemetery Survey has identified an old Quaker cemetery near the Mars Hill Baptist Church. The areas staff found to be "questionable" are listed below: 1)Transportation System: The site is located in close proximity to Interstate 85 and US 70 Bypass. Furthermore, it is situated directly between two major thoroughfares, NC-86 and NC- 57. Despite these locational advantages, direct access to the property is limited. There are two sections of frontage along NC 86; however, the frontage at the northern end of Parcel 5.B.1A is constrained by Stroud's Creek. There are two sections of frontage along NC 57. For the southernmost section, there is a discrepancy between the deed description of the frontage and measurement of the frontage from the tax map (revised 9/15/97) which was submitted with the application. According to the deed description, the frontage is adequate in width at approximately 170', but as scaled from the tax map, the frontage measures only 60' in width. The northernmost section appears to be no more than 77' wide. There is no direct access to rail service, however, this should not be a constraint for development of most small -scale commercial and industrial uses. 2) Agriculture and Forestry: The Brown and Powell tract (4.5.B.1A, 78 acres) is enrolled in the Orange County Farm Use taxation program, qualifying under Agriculture. The adjacent Phelps Farm remains an active agricultural operation. Large scale development of the property could have a detrimental impact on the farm. W 30 PRESENTATION BY APPLICANT: Jim Parker, co- applicant for Northwest Partnership, said he represents Callemyn and Parker. He felt that Mr. Belk presented the criteria extremely well. He understood that there were items not included in the proposed amendment because they are in the proposal stage. There has been cooperative effort in developing this project with the Orange County School Board, Transportation Department and local officials in an attempt to coordinate what is expected to happen with this project. There is a potential school site to be located in the southern portion of the large tract. That would be a K -5 elementary school. In order for that to happen, a portion of the western bypass that is on the County Thoroughfare Plan would have to be constructed. That has been reviewed by the Department of Transportation and they are happy with that alignment. In order to serve the site, they would have access on both sides of the proposed thoroughfare. Chair Gordon stated that she did not remember the proposed western bypass going east as it was shown on the map being used for this discussion. She remembered that it did not go east of Highway 57. She clarified that she was talking about the next part of the plan to be programmed. Anything to the east of Highway 57 would be very far into the future. Planner McCalip agreed that the segment next for programming was from Highway 86 west. Mr. Parker stated that they were aware that there were historical sites located on, or near, this site. They are aware of the need to buffer those sites from future development. The extension of public water and sewer utilities would be necessary for the development of a school and would then be available to serve this site. Tony Whitaker, President of Civil Consultants, stated that he had been hired by the Orange County Board of Education to design and provide construction review services for the off -site water lines and sewer lines to serve the new elementary school which is to be located in the southern portion of the site in question. He mentioned -that one of the points that has been introduced about the 10 -Year Transition Area characteristics is that the area has or will have access to public water and sewer lines. He stated that this site does meet that criteria by virtue of the proposed extension of water and sewer lines for the school. He mentioned that they have worked with the Town of Hillsborough and they have designed a plan that conforms to the Town's Master Plan and exceeds their minimum requirements. They have received the Town's preliminary approval of the concept plan and have noted in their application to Orange County that the Town of Hillsborough has not approved the water and sewer extension agreement but they have made significant progress in those negotiations. QUESTIONS AND /OR COMMENTS FROM THE BOARD OF COMMISSIONERS OR THE PLANNING BOARD: Commissioner Halkiotis stated that the Town of Hillsborough already has a water line that runs to Mars Hill Baptist Church. Mr. Whitaker indicated that there was a water line extends to Mars Hills approximately five years ago. In response to a question, he indicated that the Town did not need the approval of Orange County to run that line because it is a line maintained by the Town. He mentioned that the Town is very pleased with the concept behind this design for this school site because there is a water quality concern for both established residents and the Mars Hill Baptist Church. The water and sewer lines will enhance some of that water quality problem and will provide a public 34 utility service to some properties that have been constrained in their development potential. One of the reasons they have been constrained has been the non - availability of water and sewer lines. Highway 57 currently has a 6 inch Town of Hillsborough water line extending to the Mars Hill Church site. The Town has water lines to the west and to the south as well, but there are no lines in the project area at this time. The sewer lines are in the Governor Downs Subdivision, the Rencher Street area, and some isolated sewer in the Faucette Mill Road area to the west. Orange County Schools propose to extend a sanitary sewer gravity line down Strauss Creek from the school site to the north side of Governor Burke Road. A pump station would be installed which would pump southward to the Orange High School area. The water line extension to serve the school would come from the Town's northern water tank and proceed eastward by a combination of public right -of -way and acquired easement to the school site. The benefit of that water line would be to provide fire protection service as well as future potable water service for the school site and other properties. Commissioner Brown asked for clarification about the apparent discrepancy in road frontage. Mr. Whitaker indicated that in the deed description the southern road frontage on Highway 57 should be 178 wide but when it was scaled from the tax map it was much smaller than that. This discrepancy needs to be cleared up about how wide the road frontage is. Commissioner Halkiotis asked who owned the property on which the Quaker cemetery was located. Jim Parker indicated that he did not know who owned the property. He believed that it was located just off of the property involved in this proposed amendment. If it turns out to be located on this property it would be preserved. QUESTIONS AND /OR COMMENTS FROM CITIZENS: Ted Laws, a local resident, spoke in opposition to this request. He mentioned that as a business person he has mixed feelings about development and growth. He was concerned about the concept of putting more people on less land. He is the Chair of the Grounds Committee at Mars Hill Baptist Church. They have discussed this and are concerned about increasing the density of this area. He mentioned that the Quaker cemetery is on Betty Harris' property. Dr. Weng, an adjoining property owner, spoke in support of this proposal. He owns property that was zoned 10 -year transitional many years ago. He does not have the money to pay for the water and sewer. He felt that this would be a good time for the County Commissioners to think about creating a planned development. He commented that growth is inevitable and he hopes that well planned growth can be encouraged. He asked the County Commissioners to approve this request. Susan Dovenbarger, Orange County School Board member, indicated that this site was selected by the Orange County School board as the location for the new elementary school. Approximately one and 1/2 years ago the school board appointed a committee to identify sites for a new elementary school. This group met and identified possible sites. They identified the number of students living in the northern and western portions of the County and determined that there are significant numbers of students coming from north of Highway 70. She 31 32 mentioned that there are currently students who have two hour bus rides from the farthest reaches of the northern and western quadrants. The committee looked at GIS maps to look at size of available parcels outside of watersheds and other restricted areas. They used Planning Department information to identify where building permits had been issued. They found that a significant number of the building permits were being issued in the western and northern portion of the County. They looked at sites that would afford optimal opportunity to collocate school and recreational facilities. The property in question is in pristine condition with many hardwoods and even a small creek. These would provide recreational opportunities as well as educational benefits. The biggest limiting factor that the Orange County School Board faces in siting any school is its proximity to water and sewer lines. This site does have a six inch water line adjacent to the property which would need to be upgraded. The owner of the property has been most cooperative. She mentioned that those working on this project agree that there would be severe consequences if this project was thrown off course. She mentioned that one concern in this process is that they were unaware until Friday that the request for the land use change would be denied by the Planning staff. She stated that they had been led to believe that the planning staff would recommend approval. She asked that the Board of Commissioners approve this request. Ray DeBruhl, the facilities consultant to the Board of Education, stated that he was responsible for assisting the board in managing to deliver an elementary school by August, 2000. He mentioned that the owner of the property, Michael Edwards, owns a jewelry store in Cary. Prior to developing a school site they look 25 -40 years into the future to try to visualize where schools need to be located. One issue they consider is transportation. He mentioned that Hillsborough's water and sewer plans were also considered. He surmised that the residential growth that is going to occur would be east of Highway 86. This site would greatly reduce the cost of transportation for those students in the northern and western areas of the County. He mentioned that this site is located within the network of roads in such a way as to facilitate the transportation of students. There is a right -of -way of over 100 feet on Highway 57. The Town of Hillsborough has the capacity to serve the school site with water and sewer. Piedmont Electric has agreed to serve this site with natural gas if that is required. The geotechnical study has been completed and this site is excellent in terms of its technical characteristics. There are no wetlands or environmental issues which would be impacted by the schools. There is excellent site drainage. The property represents an excellent opportunity for a public - private partnership. Mr. Edwards, representing the Apex Northwest Partnership, has agreed to donate a site for the school and to pay 50°x6 of the road construction cost from Highway 57 to the school. They have also agreed to pay 50% of the water and sewer costs when they actually access the water and sewer. They have also agreed to donate the right -of -way for public use of the outer loop through their property. County Manager Link asked if there was a binding agreement to donate 18 acres for a school site or was the donation of the site contingent on the approval of the application. Mr. DeBruhl stated that there is a written agreement for 18 acres for a school site. However, this agreement has not been finalized. Mr. Whitaker stated that it is not contingent upon approval. The School Board has agreed to support and assist them in their effort to have this amendment approved. The school's attorney could more accurately answer questions about the legality of the matter. He stated 3ti that there is an agreement that has been signed for the 18 acres and they would be happy to produce a copy of that. Chair Gordon asked if it was 30 or 18 acres. Mr. DeBruhl indicated that 18 acres had been carved out for the school site itself. There is contiguous property that will be open space and could be developed in conjunction with the County for a community park. He mentioned that the acreage is considerably more than the original 12 acres. The Outer Loop is under the control of DOT and they have approved the original layout that had been submitted to them which includes approximately 40 acres. He pointed out the 18 acres which are under signed contract with the School Board for a new elementary school Commissioner Brown stated that she was curious about this proposal for the school site being presented with the proposed amendment. She remembered that it had been clearly stated at another meeting that the school is not predicated on this rezoning. Sister Maria Bugge, of Holy Family Catholic Church, spoke in support of this proposal. This land cannot be developed because of the lack of water and sewer. Healthy growth will occur in this area if this request is approved. Joe Phelps stated that he and his parents own the adjoining Phelps farm tract. He is not against development but would like to have several issues addressed. He feels that the plan is being presented in a way as to mislead. He wanted to know how many houses are being proposed for this tract. He supports providing schools when they are needed but questions building several hundred homes on this site. He felt that many residents and local farmers would be requesting approval to develop their land in the near future. He asked that the Board of Commissioners keep in mind that those Orange County residents' right to develop their land in the future needs to be protected. He hoped that the Commissioners would keep in mind that others would be coming before them in the future to request approval and their future rights need to be protected. He stated that the Commissioners did not need to approve a 400 acre development to get an 18 acre school site. Mr. George Johnson, a member of Mars Hill Baptist Church, stated that the Church owns the right -of way on the south side near the cemetery. He asked that the County clarify that in this request. Chair Gordon asked staff to clarify who owns the right -of -way in question. She asked for clarification about this proposed school site being separate from this request in terms of process. Mr. DeBruhl stated that the contract had been signed for the school site. He further explained that the entrance to the Outer Loop would not be at the southern entrance mentioned by Mr. Johnson. That would be the entrance to the north. Chair Gordon felt that there were many unanswered questions. She asked Geof Gledhill for guidance. Mr. Gledhill indicated that staff could resolve the right -of -way ownership questions. They could return with the answers to those questions at the same time that the Planning Board returns with their recommendation. He felt that there was a linkage between the school location and 33 fj 34 whether or not to change the land use plan. However, they are not linked in any other way. The Board of Commissioners might also request a copy of the contract in order to satisfy themselves about that. The contract of sale to convey the land is signed. If the owner of the property has agreed to give the property to the School Board the property will have to be conveyed by deed. The school would have the ability to enforce that contract and force the sale. He does not have the contract so he was not sure how that linked into the Land Use Plan Amendment request. Chair Gordon asked Mr. Edwards to clarify his intent with regard to the school site. Mr. Edwards indicated that his intent is to donate that site to the school board and he also believed that the school board's intent was to assist them in the rezoning of his property. He mentioned that there is an advantage in their participation in sharing the cost of both the sewer and the road. In response to a question from Commissioner Brown, Geof stated that the Commissioners did not need answers to those questions in order to make a decision on the Land Use Plan Amendment. The answers could be presented at the next meeting. The only connection is that one of the criterion in making a change in the Land Use Element is apparently being presented as being met because of the location of the school. Staff was asked to return to the next public hearing prepared to answer the questions that have been raised during this discussion. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 4, 1999. VOTE: UNANIMOUS Excerpt from draft Planning Board minutes, meeting of April 13, 1999 2 35 AGENDA ITEM #5: MATTERS HEARD AT PUBLIC HEARING (FEBRUARY 22, 1999) a. COMPREHENSIVE PLAN AMENDMENT (1) CP -1 -99 Apex Northwest Partnership Presentation by Don Belk. Apex Northwest Partnership requests an amendment to the Land Use Element of the Orange County Comprehensive Plan to expand the Ten - Year Transition plan category to land currently designated Agricultural Residential and Rural Industrial Activity Node. The property in question is north of the Town of Hillsborough and lies between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It lies west and north of Mars Hill Baptist Church which is approximately 1.25 miles north of the intersection of NC 86 and NC 57. The designation of Ten -Year Transition is applied to land in transition from rural to urban uses which has or will have access to public water and sewer service. The proposed designation of Ten -Year Transition would allow potential rezoning of the property to higher- density residential uses in the future. The property is currently zoned AR, which permits residential uses with a minimum lot size of 0.92 acres. A public hearing on the proposed amendment to the Land Use Element of the Comprehensive Plan was held on Monday, February 22. The applicant's agent, Callemyn- Parker, Inc., has submitted a response to the Planning Staffs presentation at the public hearing. These comments are an attachment to these minutes on pages There were some points from the public hearing that needed clarification and these have been addressed by the applicant. Staff had indicated they found only 60 feet of road frontage. That has been rechecked and the total amount of road frontage is 178 feet. Another question was the ownership of the Quaker Cemetery. It has been determined that the cemetery is not within the boundaries of this property. Based on the analysis of the application and supporting documentation, the Planning Staff finds that changed or changing conditions cited by the applicant would not be addressed by the proposed amendment. The Planning Staff recommends denial of the request with five reasons noted: 1. The proposed amendment is not consistent with all locational criteria for a Ten -Year Transition Area. 2. The site has locational advantages given its location between NC 86 and NC 57, but very constrained access to the property. Access depends upon completion of a proposed Western Bypass (Coleman Loop Extension), not upon the existing transportation network. FiR 3. The surrounding areas are not in transition from rural or low - density uses to urban or higher density uses. The adjoining Ten -Year Transition area has been designated since January, 1985, yet no higher density development activity has occurred there. 4. The property is located in an area of low population density relative to the overall Hillsborough township population density. 5. The property is located next to a National Register - eligible, working farmstead. The cemetery located on or near the property has potential historic significance. Alois Callemyn, agent for the applicant, asked that the Planning Board read the response to the Planning Staff concerns dated March 23, 1999 noting that his firm feels that it very adequately addresses those concerns. He continued that he had also provided a map that indicates the relationship of the cemetery to the school site and to the proposed project site. Callemyn continued, that the applicant is trying, as requested, to separate the school issue from the land issue. Since the deed has been signed and given to the school, the Planning Staff has suggested that moving the school site would facilitate the use of playground between the school and Mars Hill Church. The applicant has agreed and the deed is in escrow in the attorney's office until such time as the school decides whether it wants the site already deeded, or, whether they want to move away from Mars Hill Church leaving a. buffer that could be better used for a playground or recreation. Callemyn stated that there are no holdups as far as NCDOT is concerned in building the road as soon as construction begins on the school. The only reason that the thoroughfare from NC 57 to the school would not be built, is if the school is not built and he has been assured that the school will be built. Callemyn indicated the location of the school, the 100 -foot right -of -way that has already been deeded, and the location of the road on the map. NCDOT plans to build the road from NC 57 at the north side of Mars Hill Church to near the middle of the school. It would eventually amount to about 400 feet of road frontage along the new road. Barrows asked if the development would use the same road as the school and Callemyn indicated it would and that the new bypass would be the true frontage of the development. Allison asked about the location of the Phelps farm and Callemyn indicated the location on the map. While the farm has been on the inventory for a long time, they have not chosen to pursue application for an historic designation. Ted Laws expressed concern that the bypass was the road adjacent to Mars Hill parsonage. Callemyn responded that it was the previous location. Mr. Laws continued that one concern of the church was related to the road adjacent to the parsonage and increased traffic so near the home. Another concern was that the church has slightly over ten acres 37 which is not enough for church expansion. If the development does occur the church could/would anticipate some growth and they would like to be able to expand in the event growth does occur. Barrows responded that would be a Board of Adjustment issue and the strict parameters would not allow for the variance needed for expansion. Callemyn spoke to the concern of Mr. Laws noting that he had worked with the church when they had initially tried to do some additional building and one of the restraints was water and sewer. Obviously, with the school being built, they will have access to sewer so some of the land that was set aside for septic repair could now be utilized. Callemyn continued that the land south of the church is not in any plans so that land could be conveyed to the church to increase its impervious surface area. Any ideas that the church has, the applicant is willing to listen and work with them to keep the road as far away from the church and cemetery as possible. He indicated that the developer is more than willing to talk with and work with a church committee to address all of their issues and concerns. Mr. Laws indicated he would relay that message to Mars Hill Church. Katz asked if the Planning staff's concerns have been addressed by the response of the applicant or whether there are still some areas of non- compliance. Belk responded that staff still felt the issues of non- compliance apply. They have not factored in the existence of a potential school site into the issues. He continued that several of the points the applicant made are good clarification of some particular points, particularly in regard to the Phelps farm. The farm has been on the National Register Study list for quite some time and the Historic Preservation Commission has been actively encouraging Mr. Phelps to pursue getting his property on the National Register and also to becoming part of the Local Landmarks Program but he has not decided to, do so. The applicant also answered questions that the Commissioners ad about road right -of -way and the parameters of the Quaker Cemetery. However, the staff still stands by the original points of non - compliance on the application. Allison asked if the information provided about transportation answered the concerns or is it still questionable. Belk responded that there are still some constraints even though the question of site distance is addressed. Whether the question of non - compliance is addressed, Belk indicated he was not prepared to answer that question right now. Brooks asked why Belk was not prepared to answer the question. Belk responded that is due primarily to the fact that the placement and timing and construction of the road is tied to the school and the analysis did not take that into account. Katz asked about the size of the proposed elementary school. Callemyn responded 600 with the expansion for another 200. Katz continued, asking the number of proposed houses. Callemyn responded two per acre which would be approximately 475 which is indicated in the application. Callemyn continued that the applicant has offered, upon approval of the change in the Land Use Plan, to work with the Planning Staff on a comprehensive plan on how this project should be done. 38 In response to a question from Katz regarding the average number of people per household, Callemyn indicated he felt it would be three. Katz then noted that could mean one school age person per household. Callemyn responded that the intent is to target a broad range of income levels so there would be a good chance that there would be children in the age group that would attend the school. Katz noted that would fill the school to capacity. Callemyn noted that the area would fill the school and Katz stated that this development would account for two- thirds of the students and Callemyn agreed that was possible. Barrows asked for clarification on who is going to pay for water and sewer. Callemyn responded that the applicant has a contractual agreement with the school board that the school will design and build the line and upon completion the developer will pay half of the cost and the same is true of the road. The developer will pay half the cost of the road. Once the development is built, the church will also benefit from the water and sewer lines and there will be better water flow and better fire protection in the area. McAdams asked for clarification of the acreage donated for a school site. Callemyn responded that the land south of the bypass is approximately forty-five acres. The developer has deeded eighteen acres so that the school can start construction. As soon as a school site is determined and a long range plan is developed related to the property, this land will either go to the school board, parks and recreation. That acreage is dedicated to something other than development of the property. Eventually, it will be approximately forty -five acres and a 100 -foot right -of -way. Callemyn, in response to Barrows regarding the school acreage, stated that eighteen acres has been deeded to the school board. It's a question of whether the school site is shifted to the west. The reason the remaining land has not been deeded, is that the developer wants to get credit for that land as open space. The difference between the eighteen acres and the forty-five acres is to be dedicated open space. Allison asked for further clarification on transportation and the location adjacent to the Phelps farm. Belk responded that the farm is on the National Register Study List and it still qualifies as a primary conservation area and maintains the same resource value. Selkirk asked how the presence of this development would affect the farm. Belk responded that is hard to know without a plan. Changing this to Ten -Year Transition would allow for high intensity uses. The Historic Preservation Commission would be interested in reviewing any development proposals for potential impact. Katz asked if the sewer line would have the capacity for development in excess of the school and this development. Callemyn responded that there are homes between this area and the Town limits that would probably want to tap on to the lines. Katz continued, expressing concern about other larger developments and Callemyn responded that the capacity would be available. 39 Strayhorn asked where the bypass is going when it hits NC 57. Callemyn responded that the Master Plan continues east and comes into Lawrence Road and follows Lawrence Road to US 70. Callemyn continued that the school being between NC 86 and NC 57 moves the road to the top of the list. The school board has contacted the North Carolina Representatives and they have assured Orange County Schools that money will be available for that section of the Outer Loop. Katz expressed concern that the donation of land for a school greatly increases the value of the land for the developer and he felt the developer should build the school. He did not see this as a "great deal" for Orange County. The area will develop tremendously once the school is built and this development and it will be a tremendous drain on services and the need for another school. Brooks asked why it is always felt that it must be "tit for tat ". Because people move here we have to somehow balance off that cost. "I don't know why we feel that whoever comes in here after us has to dig down and put their money up front and pay for things. People come here because this is a wonderful place to live. They're going to continue to come here. If we don't want anyone to come here, then there's a few simple things that we can do, and we can start Bright here at this Planning Board. We can refuse to let anyone develop; we can close down RTP so there are no decent jobs; close down the hospitals so there's not good health care; we can eliminate the transportation system so that retired people don't come here because it's a good place to live for them. We want this to be a good community, people are going to come here. We ought to do the best deal we can for the citizens who live here and for the county we are representing on the Planning Board. I don't believe we need to put all the emphasis on this as to `we've got to see you pay if you are going to get any kind of profit'. Brooks continued, "we are not expecting the plumbers who go out and do the plumbing or the electricians who go out and do the electrical work on these houses to pay an added premium for the fact that they are working and making a profit." Brooks noted that she is a realtor and while she does not believe in "raping" the whole county, she did not feel that the next developer coming in with a project, regardless of the number of houses, should be expect to do things like build a school. Walters stated that she felt that sometimes it is forgotten that the landowner selling the land is not selling just to make a profit. They may be selling because they are no longer able to work the land, have health problems that they need money for and some of these things are the reasons that a lot of the land is going on the market. It is unfortunate that Orange County has not kept enough young people here to work the land, they are moving on to other jobs. It is very important to remember those landowners. They may be just trying to get enough money to live the remainder of their lives in comfort. She felt that very often the landowner is forgotten. .i Strayhorn expressed agreement with statements made by Brooks and Walters. He noted his main concern that the surrounding community is treated well. Mars Hill Baptist Church has been there a long time and deserves every consideration that the developer can give them. He continued that other properties along NC 57 are in large tracts and has been in the families for many generations and the owners are struggling to hold on to their land. Someday, they may also want/need to sell and he was concerned that the same options be available to them. He expressed appreciation that the developer seems to be striving to build a bond with the church and the community. He also had concerns with the road network and that it seemed there was no way to go but through Hillsborough. Katz expressed concern with the rate of change in Orange County and the serious consequences to the quality of life that it may not allow it to remain such a nice place to live. Barrows, responding to Brooks' and Walters' comments, stated that if a developer purchases land, they will develop it. The landowner has his profit, he has already sold it. The problem is with the intensity. She continued that she felt developing at one unit per acre or less would be fine. Her concerns were also with the increased traffic and overcrowding of the schools. Walters stated that if people wanted open space, she felt they missed the best opportunity for the County when they voted down Purchase of Development Rights. That is the reason she continued to express concern for the landowner. Strayhorn noted that the biggest plus would probably be if it was incorporated into Hillsborough's city limits. Most cities can furnish services to high density better than counties. Michael Edwards, owner of the property, stated that the property was purchased as an investment with no definite plans for development. he was approached by the school system. They had indicated to him that they had a contract on property for which they would be paying $5,000 per acre plus all of the expenses for extension of water and sewer and the road expenses. They had also indicated that the site was farther from town and not the most desirable location. They had asked if he would consider a cooperative situation that would be beneficial to the school board and the property owners. The results of their discussion was an agreement to donate a minimum of eighteen acres for a school plus a minimum of half the costs of water and sewer and road construction. There are advantages to both sides in such an agreement. Mr. Edwards continued that he is not trying to take advantage of the system and he has a good understanding of what happens when development comes in. Mr. Edwards continued that he fully intends to work with the school system and the County to meet the requirements. He indicated he was also willing to work with Mars Hill Baptist Church to donate land that would assist them in expansion of the church facilities. 41 Roy Wilson, resident two miles north of Mars Hill Baptist Church on NC 57, expressed concerns with the traffic and the current problems getting onto NC 86 during morning and afternoon hours. He indicated he was not against the project, but would like some relief from traffic that is already an issue. Selkirk stated that he felt development in the area is inevitable and he did not feel the evidence of non - compliance was very strong. He indicated he would be in favor of approval of the project moving forward. Strayhom agreed with Selkirk noting that he had clarified his position that it would be done in the best way possible considering the church and the surrounding community. He felt if the school is built, the remainder of the bypass will be moved farther up the priority list. He continued that it would be nice to have schools built before the children come and roads built before the traffic comes but it does not happen that way. Allison stated that there are some things about the proposal that he liked such as the public /private partnerships that are happening, the concept of the school in the neighborhood. There seems to be good efforts to share with the community on the costs of water and sewer and roads. That is something that is not often heard of. He felt it was a good start to what could be some good planning for the area. Brooks expressed appreciation for the comment regarding variety of incomes. She would like to see more efforts for a variety of housing. She also appreciated the willingness to work with residents already in the area. McAdams expressed concern that once the area becomes Ten -Year Transition, since there is no plan, that the door will be open and development that is not favored by the community could be allowed. Barrows reminded the Board that what is being considered is a proposed Land Use Plan amendment and that does not allow stipulations about the plan at this point. Katz again expressed concern with the potential for unintended consequences which could happen every time decisions are made for changes. MOTION: Brooks moved acceptance of the proposed Land Use Plan amendment. Seconded by Selkirk. VOTE: 6 in favor. 2 opposed (Barrows, Katz). Barrows expressed concern that the infrastructure is not in place to support the development and the county will be in the position of reacting to growth rather than planning for it. AGENDA ITEM #6: MATTERS PROPOSED FOR PUBLIC HEARING (MAY 24, 1999) a. ZONING ORDINANCE TEXT AMENDMENT I Land Surveyor allemiln :Darker Inc. CMI Engineer March 23, 1999 TO: Orange County Planning Board FROM: Callemyn- Parker, Inc. RE: CP -1 -99 Apex Northwest Partnership The public hearing for proposed Comprehensive Plan Amendment for Apex Northwest Properties was held on February 22, 1999. We believe the proposal complies with standards and requirements used to evaluate Comprehensive Plan amendments. The applicant's response to staff comments in the public hearing agenda materials and comments made at the public hearing are provided below. RESPONSE TO COMMENTS The staff recommendation was to deny the Comprehensive Plan amendment for the following reasons: 1. The proposed amendment is not consistent with all locational criteria for a Ten -Year Transition Area. The text of the staff report stated that, of the ten criteria set forth in Section 3.4 of the Comprehensive Plan, the project complied with five, did not comply with three, and two were questionable. The criteria found to be non- compllant or questionable by staff are discussed below. a) Transportation System The staff report stated that the adequacy of the transportation system was questionable due to the constrained access points on NC 86 North and NC 57. It was also noted that the width of the southernmost access point on NC 57 was shown as 170 feet by the applicant but scaled to only 60 feet on the tax map. Applicant's Response The Western By -pass, included in the Hillsborough Transportation Plan, will connect the northern frontage on NC57 to the intersection of NC 86 North and Coleman Loop Road. The eastern portion of the Western By- pass will be constructed within 18 months by the Orange County Board of Education. (The Board of Education has requested that NC DOT expedite completion of the remainder of the By -pass to NC 86.) Although the tax map shows the southern frontage on NC 57 to be only about 60 feet in width, the actual frontage is 178.23 feet (per survey for 104 N. Churton Street, Hillsborough, NC 27276 - (919) 732 -3683 - Fax (919) 732.6676 42 Orange County Board of Education dated December 18, 1998). When developed, the property to the north of the By -pass will be served by a road network with one or more access points on the By -pass, and would provide stub -outs to adjoining properties so that a road network could eventually be created to serve the area bounded by the by- pass,-NC 57, NC 86 North, and Phelps Road. One advantage to this road network is that access points onto NC 57 and NC 86 North would be limited. The area to be amended south of the bypass fronts on NC 86 North in two places. The northern frontage is about 400 feet in length. Access to NC 86 North would be limited to the southernmost 100 feet due to the location of Stroud's Creek. The sight distance at this location is about 750 feet to the north and 600 feet to the south. According to NCDOT, the sight distance needed to safely access onto a road with a speed limit of 55 MPH is 500 feet. Thus the area is of sufficient size and is in an appropriate location to be used as an access point onto NC 86. b) Existing Land Use The staff report states that the area is largely undeveloped, or is developed in low- density residential use. It also states that an existing 10 -year Transition Area south of Coleman Loop Road and west of NC 86 remains undeveloped. Applicant's Response The southern boundary of the site is within about 200 feet of Rocky Lane, which is the northern boundary of the town limits of the Town of Hillsborough. Most of the area bounded by NC 57, Phelps Road and NC 86, and Rocky Lane is comprised of relatively large lots, the largest of which is included in the proposed Plan amendment. About % of the lots in the area are 5 acres or less. Of these smaller lots, about 70% are less than 2 acres. The smaller lots are located predominately along NC 86 North, and most have direct access onto NC 86 North or Phelps Road. It is understandable that the area has remained undeveloped due to lack of an interior road network and lack of public utilities. The property owner of the existing Transition Area south of Coleman Loop Road spoke at the public hearing and stated that he had bought the property years ago, and had requested Transition Area designation as an investment. It had been his understanding, when the plan designation was changed in 1985, that services would be extended to the property within ten years. He also stated that he was not a developer and did not have the funds to extend water and sewer. With regard to the subject property, water and sewer will be extended to the southern portion when the school site is developed. (The school site has been conveyed, and plans are underway to open the school in 2000.) The subject property also has the added advantage of easy accessibility to both NC 57and NC 86 North when the bypass is constructed to NC 86 North. 43 44 The Town of Hillsborough has given preliminary, conceptual approval of the extension of water service. A commitment to provide water cannot be obtained prior to consideration of a specific development project, and a specific development project cannot be submitted for consideration until after the comprehensive plan amendment is approved. Hillsborough has also indicated that water quality in the 6" water line serving Mars Hill Baptist Church would be improved with extension of the system, since the size of the line would be increased, and the system would be looped, eliminating stagnant water at the end of the water line. At this time Civil Consultants, Inc., an engineering firm, is designing water and sewer services to serve this site. These plans are subject to State and Town approval. These plans will be used to finalize the water and sewer extension agreements. The applicant intends to develop the property at an overall residential density of not more than two units per acres, providing a transition between the lower densities in the adjacent area in the Agricultural Residential Land Use Plan designation to the north and the more urban area of Hillsborough to the south. Ten -Year Transition area is the only Land Use Plan designation which will allow a density greater than one unit per acre. C) Agriculture and Forestry Staff states that large -scale development of the property could have a detrimental impact on the Phelps Farm, located along a portion of the eastern border of the northern portion of the Apex Northwest parcel. Applicant's Response Development of the property could include additional buffering along the common property boundary to minimize any conflicts between the two uses. Although none of the surrounding farms are currently participating in the Voluntary Agriculture District program, the Orange County Farmland Preservation Ordinance requires that all potential buyers within 1 mile of a working farm be advised of the farm's presence. This portion of the Farmland Preservation Ordinance was adopted to protect farmland while recognizing the potential for surrounding land to be developed. d) Population Density The staff states that the population density of the census tract block group containing the property is only 67 persons per square mile, compared to 406 persons per square mile for an adjacent tract which contains most of the town of Hillsborough. By contrast, the overall Township density is 430 persons per square mile. Applicant's Response The population density criterion in the Comprehensive Plan states that .� ti 45 the property must be "located in areas of m Aerate to high population densities ". The subject property is located very near the convergence of three census blocks. The census block in which the property is located (Tract 109.02 — 67 persons per square mile in 1990) contai „;s approximately 17.2 square miles and extends east almost to the D: i+ ham County Line, a distance of about 7.3 miles. The census block to the west (Tract 111 01 — 205 persons per square mile) contains approximately 9.2 square miles and extends to the west for a distance of about 2.9 miles. Most of the area is located in the Upper Eno Watershed and Water Quality Critical Area, which is subject to density restrictions not applicable to the subject property. The census tract block to the south (Tract 110.01 — 406 persons per square mile) contains 3.3 square miles. Its northern boundary is within 0.3 miles of the subject property and its farthest reach is about 0.7 miles from the property. It contains a portion of the Town of Hillsborough west of NC 86. This tract provides the most accurate representation of the "area” in which the property is located due to its proximity to the site, and similarity of environmental constraints. It should also be noted that the 1990 census figures do not reflect growth that has occurred during the past nine years. e) Historic and Cultural Phelps Farm The Phelps Farm is a 150 -acre cattle and row crop farm that is adjacent to the northeast comer of the Apex Northwest Partnership parcel. It is currently on the Study List for the National Registry. An additional study would have to be performed in order for it to be placed on the National Registry. The Orange County Historic Properties Commission has funds to pay for a study if the owner agrees to the terms. In the early 1990s, the HPC approached the Phelps' with this possibility, but to date the Phelps' have not pursued the study on their own or through the County. At the public hearing, Mr. Phelps indicated a desire to develop his land in the future. Quaker Cemetery A Quaker Cemetery is located between the subject property and NC 57 about .25 mile north of Mars Hill Baptist Church. The Orange County Inventory prepared in 1986 states that a church building once located on the property is gone. It also states that restoration of the cemetery began in 1986 and was to include repair of the surrounding wall and the cleaning and repositioning of stones. Presently, these restorations have not occurred. The property has been surveyed and no portion is located on the subject property. The perimeter buffer of 100 feet required for a Planned Development would provide protection of the site from any impacts of development of the adjacent property. J.L. Brown House and Deerfield Farm The J.L. Brown House and Deerfield Farm are 2 -story houses that are indicative to this area. Both properties are located on NC 86 North. Staff has indicated that these sites are on the Inventory List, but are not a high priority. National Register status for Inventory List sites would not be pursued until all 40 of the top priority sites are listed on the National Registry. 2. The site has locational advantages given its location between NC 86 and NC 57, but very constrained access to the property. Access depends upon completion of a proposed Western By -Pass (Coleman Loop Extension), not upon the existing transportation network. Locational advantages are discussed in 1 a) above. Access does depend on construction of a portion of the Western Bypass. The portion of the bypass needed to provide access to NC 57 will be constructed in the near future to provide access to the school site that has been acquired by the Orange County School system. 3. The surrounding areas are not in transition from rural or low- density uses to urban uses. The adjoining Ten —Year Transition area has been designated since January 1985, yet no higher density development activity has occurred there. This issue is addressed in 1 b) above. 4. The property is located in an area of low population density relative to the overall Hillsborough Township population density. The overall population density for Hillsborough Township in 1990 was 430 persons per square mile. The population density of the census tract that most accurately represents the area in which the property is located was 406 persons per square mile, which is comparable to the Township density. See also 1d) above. S. The property Is located next to a National Register - eligible working farmstead. The cemetery located on or near the property has potential historic significance. The property owner for Phelps Farm is not seeking National Register status. An historic Quaker Cemetery is located adjacent to, but not on the property, and would not be impacted by development. See also 1 e) above. ATTACHED: Deed between Apex Northwest Partnership and The Orange County Board of Education Survey of the Quaker Cemetery and NC 57 frontage I Upon motion of Commissioner Brown , seconded by Commissioner Jacobs the foregoing Resolution of the Orange County Commissioners to Deny Application for Proposed Amendment to the Land Use Element of the Comprehensive Plan was adopted this the ls` day of June, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North the foregoing is a true copy of said Board at a meeting held on way to the adoption of the fore4. are recorded in Minute Book No. Board. Carolina, DO HEREBY CERTIFY that so much of the proceedings of June 1, 1999 as relates in any doing and that said proceedings 28 of the minutes of said WITNESS my hand and the seal of said County, this 4th day of June 1999. Clerk to th oard of Comwfissioners