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ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 16. 1999
Action Agenda
Item # .C.
SUBJECT: ADVERTISEMENT FOR JOINT PLANNING PUBLIC HEARING - APRIL 14, 1999
DEPARTMENT: PLANNING PUBLIC HEARING Yes —x —No
ATTACHMENT(S): INFORMATION CONTACT:
- Proposed Legal Notice Gene Bell Extension 2589
- Resolution `B" from 2 -2 -99 BOCC Meeting Karen Lincoln Extension 2583
- 9 -2 -98 Letter from Chair of OWASA Board TELEPHONE NUMBERS:
Hillsborough- 732 -8181
Durham -688 -7331
Mebane - 227 -2031
Chapel Hill -967 -9251
PURPOSE: To consider the legal notice for items to be presented at the Joint Planning Area public
hearing scheduled for April 14, 1999.
)BACKGROUND: A Joint Planning Area public hearing, involving Orange County and the Towns of Chapel
Hill and Carrboro, has been scheduled for April 14, 1999.
The Board of Commissioners reviews proposals to be considered at public hearing for
consistency with general County policy and presentation format. The following items are
proposed for consideration at the April 14, 1999, public hearing.
1. Orange County proposes an amendment to authorize and create the Northern Transition
Area Advisory Committee by providing for its existence, composition, duties and
responsibilities in the Joint Planning Agreement. This amendment will implement a
recommendation contained in the Facilitated Small Area Plan for Carrboro's Northern
Study Area (please refer to the attached Resolution `B" adopted by the Board of County
Commissioners on February 2, 1999 for additional information).
1. PA -1 -99 American Stone Company. This will be the fourth in a series of public
hearings, the first occurring on October 10, 1991, the second on October 14, 1993, and
the third on April 14, 1994.
American Stone Company proposes to amend the Joint Planning Area Land Use Plan to
designate 164.97 acres located in Bingham and Chapel Hill Townships on the north side
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- _ of NC Highway 54 as Extractive Use. The property is currently designated as Extractive
Use, Resource Protection, Public/Private Open Space, and Rural Residential on the Joint
Planning Area Land Use Plan Map.
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and
extends along the west side of Bethel- Hickory Grove Church Road (SR 1104) for a
distance of 3,600 feet, and along the east side of Bethel- Hickory Grove Church Road
(SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three parcels
and a portion of a fourth parcel: one (1) parcel (identified by Parcel Identification
Number 9759 -63 -9813 ) and part of a second parcel (PIN 9759 -44 -2780) both owned by
American Stone Company, one (1) parcel owned by Phillip O. and Alice Durham (PIN
9759 -54 -4097 - existing location of the American Stone Quarry), and one (1) parcel
owned by the Orange Water and Sewer Authority (PIN 9759 -62- 1992).
Please see the attached letter from OWASA Board Chair, Joal Hall Broun, dated
September 2, 1998 for additional background.
This amendment requires the approval of the governing boards of Orange County,
Chapel Hill, and Carrboro.
1. CP -2 -99 American Stone Comnanv: This is the fourth in a series of public hearings, the
first occurring on October 10, 1991, the second on October 14, 1993 and the third on
April 14, 1994.
American Stone Company proposes to amend the Land Use Element of the Orange
County Comprehensive Plan to designate 164.97 acres located in Bingham and Chapel
Hill Townships as a Rural Industrial Activity Node. The property is currently designated
as a Public Interest Area and Rural Buffer on the Land Use Element Map.
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and
extends along the west side of Bethel- Hickory Grove Church Road (SR 1104) for a
distance of 3,600 feet, and along the east side of Bethel- Hickory Grove Church Road
(SR 1104) for a distance of 2,920 feet. The proposed area will incorporate three parcels
and a portion of a fourth parcel: one (1) parcel (identified by Parcel Identification
Number 9759 -63 -9813 ) and part of a second parcel (PIN 9759 -44 -2780) both owned by
American Stone Company, one (1) parcel owned by Phillip O. and Alice Durham (PIN
9759 -54 -4097 - existing location of the American Stone Quarry), and one (1) parcel
owned by the Orange Water and Sewer Authority (PIN 9759 -62- 1992).
This proposed amendment only requires the approval of the Orange County Board of
County Commissioners.
RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for April 14, 1999.
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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE
ORANGE COUNTY /CHAPEL HILL/CARRBORO
JOINT PLANNING AGREEMENT AND
JOINT PLANNING AREA LAND USE PLAN AND MAP
AND
THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR
ORANGE COUNTY, NORTH CAROLINA
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and
343; Articles 20.5, 20.6, 2.2.12 and 2.2.13 of the Orange County Zoning Ordinance; and Article 2 of a
Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is
hereby given that a public hearing will be held at the Southern Human Services Center, 2505 Homestead
Road, Chapel Hill, NC, on April 14, 1999. at 7:30 PM for the purpose of giving all interested citizens an
opportunity to speak for or against the following items:
JOINT PLANNING AGREEMENT
1. Orange County proposes an amendment to authorize and create the Northern Transition Area
Advisory Committee by providing for its existence, composition, duties and responsibilities in the
Joint Planning Agreement. This amendment will implement a recommendation contained in the
Facilitated Small Area Plan for Carrboro's Northern Study Area.
JOINT PLANNING AREA LAND USE PLAN
1. JPA -1 -99 American Stone Company
(Fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October 14,
1993, and the third on April 14, 1994.)
American Stone Company proposes to amend the Joint Planning Area Land Use Plan to
designate 164.97 acres located in Bingham and Chapel Hill Townships on the north side of NC
Highway 54 as Extractive Use. The property is currently designated as Extractive Use, Resource
Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land
Use Plan Map.
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends
along the west side of Bethel- Hickory Grove Church Road (SR 1104) for a distance of 3,600
feet, and along the east side of Bethel - Hickory Grove Church Road (SR 1104) for a distance of
2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth parcel: one
(1) parcel (identified by Parcel Identification Number 9759 -63 -9813 ) and part of a second parcel
(PIN 9759 -44 -2780) both owned by American Stone Company, one (1) parcel owned by Phillip
O. and Alice Durham (PIN 9759 -54 -4097 - existing location of the American Stone Quarry), and
one (1) parcel owned by the Orange Water and Sewer Authority (PIN 9759 -62- 1992).
This amendment requires the approval of the governing boards of Orange County, Chapel Hill,
and Carrboro.
ld
ORANGE COUNTY COMPREHENSIVE PLAN AMENDMENT
1. CP -2 -99 American Stone Company:
(Fourth in a series of public hearings, the first occurring on October 10, 1991, the second on October
14, 1993 and the third on April 14, 1994.)
American Stone Company proposes to amend the Land Use Element of the Orange County
Comprehensive Plan to designate 164.97 acres located in Bingham and Chapel Hill
Townships as a Rural Industrial Activity Node. The property is currently designated as a
Public Interest Area and Rural Buffer on the Land Use Element Map.
The property fronts the north side of NC Highway 54 for a distance of 1,840 feet and extends
along the west side of Bethel- Hickory Grove Church Road (SR 1104) for a distance of 3,600
feet, and along the east side of Bethel- Hickory Grove Church Road (SR 1104) for a distance
of 2,920 feet. The proposed area will incorporate three parcels and a portion of a fourth
parcel: one (1) parcel (identified by Parcel Identification Number 9759 -63 -9813) and part of
a second parcel (PIN 9759 -44 -2780) both owned by American Stone Company, one (1)
parcel owned by Phillip O. and Alice Durham (PIN 9759 -54 -4097 - existing location of the
American Stone Quarry), and one (1) parcel owned by the Orange Water and Sewer
Authority (PIN 9759 -62- 1992).
This proposed amendment only requires the approval of the Orange County Board of County
Commissioners.
All interested citizens are invited to attend this hearing and be heard. Public comment will be received
during the public hearing. Following the close of the public hearing, only evidence received in writing
by the date of the Orange County Planning Board meeting following the public hearing will be
considered by the Board of Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate, objections and discussion at the
hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department located in
the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours
are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough),
688 -7331 (Durham) or 967 -9251 (Chapel Hill - Carrboro). When prompted for an extension number,
please enter 2589.
Craig Benedict, Planning Director
PUBLISH: March 31, 1999
April 7, 1999
r
RESOLUTION 'B'
A RESOLUTION
MAKING RECOMMENDATIONS CONCERNING THE NORTHERN TRANSITION
AREA ADVISORY COMMITTEE AND AGREEING TO CONSIDER FURTHER
AMENDMENTS TO THE JOINT PLANNING "AREA LAND USE PLAN AND
JOINT PLANNING AGREEMENT CONCERNING THE IMPLEMENTATION OF
THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN
STUDY AREA
WHEREAS, the Board of County Commissioners has approved
amendments to the Joint Planning Area Land Use Plan and the Joint
Planning Agreement to implement recommendations contained in the
Facilitated Small Area Plan for Carrboro's Northern Study Area;
and
WHEREAS, the Board of Commissioners would like to implement
certain Orange County Planning Board recommendations; and
WHEREAS, the Board of Commissioners is willing to consider,
at an appropriate time in the future, authorizing Carrboro to
approve Village Mixed Use and Office /Assembly conditional use
'floating' zone districts.
NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE
COUNTY HEREBY RESOLVES AS FOLLOWS:
To pursue amendments to the Joint Planning Area Land Use
Plan or the Joint Planning Agreement, as appropriate, to
authorize and 'create' the Northern Transition Area Advisory
Committee by providing for its existence, composition, duties and
responsibilities.
Upon motion of Commissioner Jacobs, seconded by Commissioner
Ha l k i of i s the foregoing resolution was adopted this the Al
2id day of February, 1999.
I, Beverly A. Blythe, Clerk to the Board of Commissioners
for the County of Orange, North Carolina, DO HEREBY CERTIFY that
the foregoing is a true copy of so much of the proceedings of
1
5
said Board at a meeting held on February 2, 1999 as relates in
any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. 30 of the minutes
of said Board.
WITNESS my hand and the seal of said County, this 5th day
of February 1999. 41-
Clerk to th oard of C 'ssioners
mydocuments \jparesolution #2revised.doc
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I
i
OWASA
_ ORANGE WATER & SEWER AUTHORITY
Quality Service Since 1977
September 2, 1998
Ms. Margaret Brown, Chair
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, NC 27278
Dear Margaret:
On behalf of the OWASA Board of Directors, we hereby request that the Stone Quarry item be deleted
from the October 7, 1998 agenda of the Joint Planning Area Public Hearing, and that it be rescheduled
for the April 1999 Joint Planning Area Public Hearing.
This six -month delay is requested in order to incorporate additional technical information that will be
available shortly through our upcoming Water /Sewer Master Plan project. As a comprehensive review
of OWASA's entire water and wastewater infrastructure and resource needs, the Master Plan will
provide more definitive answers to how the expanded stone quarry fits into our long -range water supply
plans. The attached report to our Board from Ed Kerwin provides additional information on this matter.
The American Stone Company is agreeable to a delay of up to six months.
Very truly yours,
Joal H. Broun, Chair
Board of Directors
C: Mayor Michael Nelson, Town of Carrboro
Mayor Rosemary Waldorf, Town of Chapel Hill
OWASA Board of Directors
John Link, Orange County Manager
Robert Morgan, Carrboro Town Manager
Cal Horton, Chapel Hill Town Manager
Ed Kerwin, OWASA Executive Director
Paxton Badham Jr., American Stone
Received
SEP 0 4 1998
Manager's Office
400 Jones Ferry Road F-qual Opportunity• Fmplmrr Voice (919) 968 -4421
PO Box 366 printed on Roc%dcd paper FAX (919) 968 -4464
Carrboro, NC 27310 -0366
i ri r rt: n t� v.ra. oro
OWASA _ ORANGE WATER & SEWER AUTHORITY
Quality Service Since 1977
MEMORANDUM
TO: Board of Directors
FROM: Ed Kerwin
DATE: August 28, 1998
SUBJECT: Stone Quarry Update — Recommendation to Postpone October 7, 1998
Public Hearing
A Joint Planning Area Public Hearing is scheduled for October 7, 1998 to give elected
officials from Carrboro, Chapel Hill, and Orange County an opportunity to receive
information and comments about the proposed Stone Quarry expansion. No action will
be taken at this time, but the matter will be referred to each governing board for its
individual consideration.
Staff recommends that the Board consider requesting a six -month delay in the public
hearing in order to incorporate additional technical information that will be available
shortly through the Water /Sewer Master Plan project.
A brief review and update of OWASA 's involvement in the proposed quarry expansion,
and the staff's rationale for delaying the public hearing, are provided below.
Need for the Project
OWASA's current raw water supplies at University Lake, Cane Creek, and existing
Quarry Reservoir are expected to meet average day demands through the year 2015 or
2020. The proposed quarry expansion would offer additional capacity to store up to 3
billion gallons of surplus Cane Creek and/or University Lake water that would otherwise
spill over during wet weather, and provide an important backup during times of extreme
drought or emergency conditions elsewhere in the supply system. Statistical calculations
indicate that this additional capacity would also increase the combined safe yield of
OWASA's existing raw water sources.
If necessary approvals are not obtained to expand the quarry, our agreement with
American Stone will become void, leaving OWASA with no rights to the quarry pit
except through direct purchase or eminent domain, which would cost the community
significantly more than the presently pending agreement.
400 Jones Ferry Road Equal Opportunity Emp/o)•cr Voice (919) 968 -4421
PO Box 366. Printed on Recycled Paper FAX (919) 968 -4464
Carrboro, NC 27510 -0366
IC4VN; O11'dia, pl'�r
9
Stone Quarry Update
August 28, 1998
Page 2
Background
OWASA first presented plans for expanding its Quarry Reservoir at a meeting with local
elected officials in late 1988. If the American Stone Company were allowed to expand
its active quarry operation onto OWASA -owned property east of Bethel- Hickory Grove
Church Road, the company would deed the empty pit to OWASA at virtually no cost for
use as a raw water reservoir with up to 3 billion gallons of additional storage capacity
(equal to the volume of the Cane Creek Reservoir) by the year 2030. OWASA entered
into several contracts, including the Four -Party Agreement, in 1990. These were
contingent on the issuance of necessary governmental permits, including amendments to
the Joint Planning Area Land Use Plan and Map, which requires approval by the elected
boards of Carrboro, Chapel Hill, and Orange County, plus other actions subject to Orange
County approval.
The first of three joint hearings and other public meetings was held in October 1991.
Questions about the need for the project and concerns by neighbors were raised.
Answers and explanations provided at later hearings and meetings resolved some, but not
all, of those concerns.
The Carrboro Board of Aldermen determined in August 1994 that they would take no
further action until American Stone, OWASA, and citizens opposed to the quarry
expansion had undertaken a mediated dispute resolution process. Both American Stone
and OWASA agreed to participate in mediated discussions, took steps to proceed, and
agreed to pay the necessary costs. Mr. Andy Sachs, Public Disputes Coordinator of the
Dispute Settlement Center, agreed to act as mediator and proposed a working outline for
the process.
Mediated discussions did not begin, however, for another 18 months. OWASA was told
that the delay was due to organizational requirements of citizens opposed to the project,
including their need to designate who would participate on the citizens' behalf in the
mediated discussions.
Mediated discussions began in June, 1996 and continued through 21 separate sessions
over the next 10 months, effectively airing a range of substantive issues and establishing
an improved basis of trust and understanding among the participants.
After the discussions ended in April 1997, American Stone continued to communicate
with Citizens Against Quarry Expansion in an effort to more formally document those
issues in which all parties had reached agreement and those that remained unresolved.
Successive revisions of a Memorandum of Agreement (MOA) drafted by American Stone
were exchanged with the three- person citizens group.
On September 11, 1997, both OWASA and American Stone signed the Memorandum of
10
Stone Quarry Update
August 28, 199$ —
Page 3
Agreement, thereby committing to a number of actions and conditions negotiated with the
citizens, regardless of whether or not the citizens signed the MOA.
On September 16, representatives of OWASA, American Stone, and Citizens Against
Quarry Expansion appeared before the Carrboro Board of Aldermen, who had originally
directed this matter to mediation three years earlier. OWASA and American Stone
presented the results of these good faith negotiations; their commitment to concessions
specified in the Memorandum of Agreement; and requested Carrboro to allow the local
review process to proceed without further delay.
The Carrboro Aldermen agreed that the formal approval process should proceed to public
hearing.
Current Status and Next Steps
Several procedural steps remain before the quarry expansion can receive formal approval
or disapproval. OWASA and American Stone have applied for an amendment to the
Joint Planning Area Land Use Plan and Map, which must be approved by the governing
bodies of Carrboro, Chapel Hill, and Orange County for the project to proceed. Once that
amendment is approved, the Orange County Commissioners must consider a rezoning
request and issue a new Special Use Permit for the quarry. It is likely that many of the
provisions of the Memorandum ofAgreement would be incorporated directly into the
Special Use Permit as conditions of approval.
Orange County has scheduled a Joint Planning Area Public Hearing on October 7, 1998
at which elected officials from both Towns and the County will receive information and
comments about the quarry expansion. No action will be taken at this time, but the
matter will be referred to each individual entity for subsequent consideration.
Should the October 7. 1998 Joint Public Hearing Be Delayed?
Staff believes that the October 7 public hearing should be delayed until additional
information is developed through OWASA's Comprehensive Water and Sewer Master
Plan project, which is expected to begin within the next six weeks. As a comprehensive
review of OWASA's entire water and sewer infrastructure needs, the Master Plan will
provide more definitive answers to questions about future water demands, the yield of the
existing reservoir /quarry system, as well as the expected yield when supplemented by an
expanded Stone Quarry and/or Jordan Lake.
The American Stone Company is agreeable to a delay of up to six months.
OWASA Staff Recommendation
Staff recommends postponing the October 7, 1998 hearing until the next scheduled Joint
Stone Quarry Update
August 28, 1995_.
Page 4
11
Planning Area Public Hearing in April, 1999.
No new information is available at this time that has not been provided previously. An
October 7 public hearing would be useful in presenting OWASA's and American Stone's
position to local elected officials who may benefit from a review of the issues, or those
who have taken office since the information was last presented, but it would provide no
new information.
It is likely that questions will be raised about the timing of our expected need for an
expanded water supply; how an expanded quarry would affect the need and timing for
Jordan Lake water; the basis of our future demand forecasts; how much additional yield
would be provided by an expanded quarry versus the existing (active) pit now being
mined by American Stone, and so forth. We have addressed these issues fully and
directly with the best information available in all previous presentations and written
information to the Board of Directors, local governments, and the public, and have
always qualified it in terms of technical certainty and reliability.
It has been staff's position that the existing information has been sufficient to support an
informed decision on the quarry expansion; but, as noted above, certain elements of the
upcoming Water /Sewer Master Plan project will focus specifically on several unresolved
questions. In order to provide more accurate and reliable information, and to be more
responsive to citizens' questions regarding these issues, staff recommends delaying the
public hearing until April, 1999.
We expect that more technically definitive information will be available within the next
six months, and are confident that neither OWASA's nor American Stone's operational
or planning interests will be compromised by a six -month delay. Staff believes that the
additional information will help clarify several important issues and better support an
informed decision to approve the quarry expansion.
Ed Kerwin
Executive Director