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Home My WebLink AboutAgenda - 02-22-1999 - d2aJ t ~~ l/--~~ 1 e ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: February 22,1999 Agenda Abstract Item # D 2 (a ) SUBJECT: CP-1-99 APEX NORTHWEST PARTNERSHIP DEPARTMENT: Planning and Inspections PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: 1) Map of Site 2) Staff Analysis 3) Application Form/Letter 4) Agency Comments 5) Letter to Property Owners INFORMATION CONTACT: Donald R. Belk, Land Use/Preservation Planner/X2594 Gene Bell, Interim Planning_Director/X2592 PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To receive public comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. BACKGROUND: 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 (please see Map of Site). 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. ~`'U RECOMMENDATION: Applications for amendments to the Comprehensive Plan and/or Zoning Atlas by an individual or agency are treated in the same manner; e.g., the public hearing is the time for the presentation of the Zoning Officer's analysis and recommendation concerning the request. No decision on the application is made by either. the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 60 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. Zoning~Officer Recommendation The Zoning Officer has reviewed the application and all supporting documentation and has found that changed or changing conditions cited by the applicant would not be addressed by the proposed amendment. The Zoning Officer recommends denial of the request. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 4, 1999. Apex Northwest Partnership ~4 Request fivr Primary Amendment to the Orange Count~j Land Use Plan -~._.t_-~ ; -- _ 1 ~ ~ , I ' r __ ~' ~ I I I •j• ~ • • ~ P~ • i • • • • ~ • • • • • • • :1.. •~ . • • • • •~ • ~ • ~i i : Ti•~7TiZT6i7aT•- ~' ~ `~ rt. ~ , L --, I i ~, HELP' ~ ~ ' ~`~ ~ o ~ ~ ~- ~-.~ ,~ ~- j ~ ~ --- ~ ~' , I --~ ~ I ~ ~I I t a / ~' ~ ~ Y~rI f .~ ~ , ~,, ~ ~ ~ i ~ , ? ,~~,` r_______ • `-~ I '~trr~bt ~ 1 . ~ -----~ ._~.. ~, ~ r -ii ~ ______Fl=` ~ --- R • ~•~ ~`~~ '~ jI f ~ ~` ~. ''~~~"' --t } F ~ ~r~ - as ~~ -~ ,. s.;.: ,~/ ,V rte' .-7 i , i:' '1 :-i-`~.. -~..---_"{r. ~, ~ ,,~~~~ ,~~ ,t ~ mss.-- ~ ~'~~~~ ,~--{ r ' _.: ~~~1 Gam. ., ~ Legend: •~aN ~/ Proposed properties r ~' ~ Hillsborough jurisdiction ~~ i~ 2~~. 223 ~a 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 lA, 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 1 D 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 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. staff acknowledges this fact, but it is unclear as to the implications of the Watershed protection Act on "changed or changing conditions" of the property. 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...governingthe 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 22 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.lA is enrolled in the Use Value program. The property lies outside of protected watersheds. However, the proposed amendment would not serve the purpose of "direct(ing) intensive land uses to existing urban areas" (emphasis added). Land Use Goa114.2: "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. " ~~~ 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 Goa113.1: "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 TRANSITION SLOPE COMPLIES: Some slopes in the 10-15 % range aze found along Stroud's Creek. However, site Na significant slope or development and the extension of public water and sewer should not be adversely affected, as this topographic problem that. would part of the site would likely be undeveloped. unreasonably increase the cost of ; extending water and sewer lines. HXDROLOGX 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 4.3..14 and 4.S.B.lA on the flood-prone areas. southern part of the property. However, these areas aze 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 azea. The closest Located away from sites that sites in the Inventory of Natural Areas and Wildlife Habitats aze the Eno River Duke Forest Mesic would, if developed, create a Slopes (E04) and the Poplaz Ridge Slopes and Bottom (E08), located over 3 and 4 miles away, threat to unique or endangered respectively. Bottomland hazdwood forest is identified within the site, along the 100-yeaz floodplain species as identified by the State of Stroud's Creek. or Federal Government. SOIL GONDI'TIONS COMPLIES: The southern portion of the property (south of Stroud's Creek) is predominately Located iti 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 bee~use of good Herndon silt loam (HrB and HrC) soils, which also have slight to moderate developmental drainage characteristics and load- constraints. There are significant azeas 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. 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 S.B.lA is constrained by service by;<rail lin,es._These areas Stroud's Creek. There are two sections of frontage along NC 57. For the southernmost section, should have the mostcomplete theme 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 appeazs 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 atve- which is less than 5 minutes away. minute commuting 'time from small-scale'eoinmereial uses and a 5-10 minute commuting time from major commercial uses or an urban area. EXISTING LAND USE DOES NOT COMPLY: The property is located in an area which remains lazgely undeveloped or Located in areas which. are in in low-density residential use. There has been very little transitional activity at or neaz this property. transition from rural or low- An adjoining, existing Ten Yeaz 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 yeazs has seen no development activity during this period. density uses, AGRICULTURE AND QUESTIONABLE: The Brown and Powell tract (4.S.B.lA, 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. Lazge 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. 22~ CRITERIA ' TEN YEAR TRANSITION agricultural uses and :managed forest land. POPULATION DENSITY DOES NOT COMPLY: According to 1990 Census data, the population density for the census Located ifl areas with moderate- tract block group which contains the property (Tract 109, Block Group 2) is 67 persons per squaze to-high populatiorrdensities. 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 squaze mile. This compares similazly 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 from 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 aze three other sites adjacent to the property that have been identified in detrimental. impact on State or the County's historical azchitecture survey. There are no known azcheological sites on the property Federally' acknowledged according to state maps. However, the Orange County Cemetery Survey has identified an old historicfcultural 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.S.B.1 A) and 1 S% 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." 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. /~/_/// j y /~s~ .. .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 aTen-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 orlow-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. S. The property is located next to a National Register-eligible, working farmstead. The cemetery located on or near the property has potential historic sign~cance. 2 ~3 () n ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `~~,1~ N V U M L• ' d. 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 - I - `19' DATE RECEIVED: ~~~~~~~~ ~Q~ 0 ~ ~g~~ STAFF PERSON(S) RESPONSIBLE: Cre,.-~~ ~,/~/ ~sh ~e-~l~ GENERAL D_ A~A,_ Property Owner (s) PIame : APEX NORTHWES'~ PAR'S Mailing Address : 1137 KILDAIRE FARM ROAD CARYL NC 27511 Phone : (Home) (Work) 919-460-1048 Agent (s) Name : ~ ~-PARKER' IlVC. Mailing Address: 104 N CHURTON STREET HTLLSBOROUGH,~?7278_ Phone : 919-732-3883 SPECIFIC DATA : * SEE ATTACEIl~N'I' Tax Reference: Township 4 Tax Map 3 Block Lot 14 Public/Private Road Name: ~ HIGHWAY 57 . Lot Size: Acreage 312.4 ACRES Square Footage 1508.144 ~_F*r_ Lot Frontage 249 FT. Lot Depth 2528 FT. Current Plan Category Designation (s) : General AGRICULTURAL RESIDENTIAL Activity Node RURAL Il~IDUSTRIAL Watershed NEUSE (rion-critical) ` Joint Planning Area NA ~~4 REQUEST #LUP- SPECIFIC DATA (continued): Describe Land Uses in the General Area: LIGHT IlVDIJSTRY, CHURCH, RESIDENTIAL On Adjacent Parcels of Land: RESIDENTIAL, CHURCH ~tEOUE ST Land Use Plan Category Designation (s ) Requested: 10-YEAR TRANSITION Type of Amendment: Primary X Secondary * * * * * * * * * * * * This ap/plication should be submitted with the following materials: l! Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, in question. J Legal description of the parcel, or portion thereof.. J 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. AIMS CAr.r,F.My~v f PLS ` l _ NAME OF APPLICANT SIGNATURE NF PLICANT(S) - ~/~/~~ DATE ~ 3 ~3 LEGAL DESCRIPTION OF PARCEL 4.3..14 BOOK 1746 PAGE 206 BEGINNING at a point located in the centerline of N.C. 57, said point being located North 10°36'45" 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 corner 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°39'47" West 397.56 feet to an existing iron pipe; North 88°33'28" West 203.23 feet to an existing iron pipe; South 11°40'22" West 863.12 feet to an existing iron pipe;. and South 88°33'28" 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 corner 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°22'32" West 1210.92 feet to an existing iron pipe marking the northeast corner of property belonging to Randolph Brown, now of formerly; runs thence North 00°06' West 137.00 feet to a new iron pipe; rune thence along and with a branch the following courses and distances: North 12°35' West 217.55 feet to a point; North 15°04' East 75.34 feet to a point; North 41 °11' East 123.6 feet to a point; North 13°49' West 189.52 feet to a point; North 04°33' East 111.58 feet to a point; and North 56°40' West 116.4 feet to an existing iron pipe marking a corner 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°47' East 1702.86 feet to an existing iron pipe marking the northeast corner of the Horner property; runs thence along the northern line of the Homer property South 89°31'19" West 448.02 feet to an existing iron pipe marking the southeast corner 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°33'25" 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. Whiffed, 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 Whiffed property South 89°00'47" East 1726.5 feet to an existing iron pipe marking the northwest comer 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 properly South 88°09'26" East 1361.94 feet to an existing irori -pipe marking the northwest corner of property belonging to Marvin Phelps, now or formerly; runs thence along the western line of the Phelps property South 02°25'05" West 1058.4 feet to an existing iron pipe marking a corner of property belonging to J.J. Freeland Heirs, 2 3 ~~ 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°06'56" West 951.82 feet to an existing iron pipe marking the northwest comer of a Quaker Cemetery; runs -thence South 03°11'48" West 522.96 feet to an existing iron pipe marking the northwest corner 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°39'30" 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°57'18" 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 Harris, Registered Land Surveyor. ~' ATTACHMENT ADDITIONAL PROPERTIES TO BE AMENDED WITH APPLICATION: TAX MAP NUMBER: : *.5.B.1A OWNER: EVA P. BROWN ETAL & LANIE B. POWELL 1101 NC HWY 86 NORTH HILLSBOROUGH, NC 27278 ~~h LEGAL DESCRIPTION OF PARCEL 4.5.B.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 corner 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, corner 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, lnc., 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. BRO'Wl~ 1101 HiaxwwY 86 NORTH HILI.ssoRUU(3H, NORTH CAROLINA 27278 February 2, 1999 Orange County Planning Department 306F Revere Road Hillsborough NC 27278 Re: Inclusion of 78.11 acres (Tax Map # 4.S.B.lA Pin # 9865-87-8090) in the 10-year transition area of the Orange County Land Use Plan, as requested by Apex Northwest Partnership Dear Sir or Madam: 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. Sincerely yours, ate= -~ Eva P. Brown State of North Carolina County of Orange Subscribed before me this the 2nd ivorary ruouc M commission ex fires: C~~~ Y P NOTARY SEAL C.D. HOGUE, I!! Notary Public Orange County State of North Carolina _ CanmtaWlort Expires 8/23/!3 ~~ /~ ~~9 23 Land Surveyor llem~un Darker ~n~, Civil Engineer REQUEST FOR PRIMARY AMENDMENT TO THE ORANGE COUNTY LAND USE PLAN January 4, 1999 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 fifLUP 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 Develo ed Area to be 30+ acres Dedicated for School Site 104 N. Churton Street, Hillsborough, NC 27278 • (919) 732-3883 • Fax (919) 732-6676 2~z~ 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 ofright-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: Goa15.3 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. T'he 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. Goa114.2 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 11/23/981etter from Michael ~~ ~_ 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. Goa112.1 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. Goa19 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. 2~2 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 neaz 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 will help provide service to azeas 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 Other goals of the Comprehensive Plan which could be furthered by approval of the proposed amendment include the following: Goa113.2 Encourage the multiple use of existing 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 pazk facilities. The size of the pazcel 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). Goa113.1 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 aze developed. This will result in a contribution of $412,500 (assuming development of 550 units) in addition to the dedication of the school site. 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. 2~~ D. MICHAEL. PARKER CHI=SHIRE f.~ PARKER ATTORNEYS AT LAW 100 N. CHURTON STREET P. O. BOX 100 HILLSBOROUGH, N. G 27278 TELEPHONE 919-732-8141 TELEFAX 919-732-9167 Mr. Alois Callemyn Callemyi.~-Parker, Engineering and Land Surveying 104 N. Lhurton St. Hillsborough, NC 27278 Dear Alois: `~ :) ALEXANDER H. GRAHAM (1890-1977) LUC1U5 tit. CHESHIRE (RETIRED) November 23, 1998 This is in reference to our discussion on Monday, November 24, 1998 rega~.ding the anticipated development of the property-owned by Apex Northwest Partnership, J. Michael Edwards and others, a portion of which they have contracted to be conveyed to the Orange County Board of Education. Subject to the necessary testing. anal surveying to be conducted on site, is currently in progress, the Orange C.ourity Board of Education intends to construct an elementary school on the site adjacent to or just west of Mars Hill Baptist Church. Assuming that the school is constructed on the site, i.t will be served by water and sewer from the Town of Hillsborough which is being designed by Civil Consultants, Inc. It is my understanding that the plan developed in discussions between our engineers and former Town engineer, Tom Hartye, a twelve inch water main will be extended from the water tower near Frank Perry Road to the school site to provide fire protection. The potable water will come from the existing six inch line which serves the Mars Hill Church. The current design for the sewer system would be gravity flow which follows the creels running southeast from the site toward a pump station near Governor. Burke Road. It would then flow along a forced main to the pump station at Abundant Life Church. Further details on the water and sewer can be secured from Tony Whitaker of Civil Consultants, Inc. The elementary school, if constructed, will be served by an access road to be built from Highway 57 west to the school site and running just north of the property of Morris Hill Church. I understand the proposed location for the access road is along the corridor identified by the North Carolina Department of Transportation for a proposed outer loop for Hillsborough in their long range plan. The road will be constructed to a distance of approxitnaL-ely 1,500 feet west of N.C. Highway 57 towards 86 to accommodate the school. A turn lane will have to be added to Highway 57 in order to accommodate traffic if the school is constructed. /~ ~D~N~uM l2) 2~6 Mr. Alois Callemyn November 25, 1998 Pac]P 2 Please understand all this is subject to further testing and surveying of the site to determine its suitability as an elementary school site. I understand at this point all the early indications are good that this site would serve that purpose and the planning is proceeding with due speed. With best regards I am, DMP/pdr Yours very truly, ~~-~- D. Michael Parker Attorney for the Orange County Board of Education <xh\Ic1.51 ~~~ ., ... ,- "~1 s, j. ~4a. \ ~ ~ STATE OF NORTH CAROLINA DEPARTMENT CAF 7"17ANSPQRTATION JAMES B. HUNT JR. P.o. Box zszoa. Saar;, N.C. 27611-slot >~. NORItiS TOLSON GoVBRNOR SscxErwxY November 18, 1998 Mr. Ray DeBruhl Public Facilities Group Post Office Box 3123 Cary, NC 27519 Subject: Coleman Loop Road Ext. (DCAC T6orouglzfare plan) . Mr. DeBruhl; I would like to make the following comments concerning your proposed school site between NC 86 and NC 57. Your proposed road follows the conceptual plan of a loop around Hillsborough as si~own in the Durham -Chapel Hill - Carrboro Thoroughfare Plan. The proposed alignment shown on your sitc map is acceptable. As you prepare more detailed plans, I will be happy to review them to assure that the road may be built as planned. One additional note; there is a potential historic site on NC 57 north of tote Mars Hill Baptist Church. 'Your site wilt not affect this potential historic property. However, the development adjacent to your site may. Please inform the developer of the adjacent tract of this potential historic site. Thaak you for including me in your development process. Any site review in this azea should go through the Orange County Planning Department. However, I will be happy to assist in any way that I can. If you have additional questions please call me at (919) 733-4705. Sincerely, ~t~- Mark Freeman, P.E. Statewide Planning Branch N. C. Department of Traansportation ~~~t;N~uM CZ) ~~2~~ Cc: J. Douglas Galyon, NC Boaxd of Transportation J, ~tiV, tiVatkins, P.E., Division Engincer Deborah Hutchings, P.E., NCDOT Gene Bell, Orange County Planning Department Iti: ~ri;~ ~~ 250 y Town of • ills h s,~~~s4 g November 23, 1998 Mr. Alois Callemyn, RLS I04 N. Churton St. Hillsborough, NC 27278 Dear Alois: You iiiquirecl whether the Town would be interested and capable of providing water and sewer service to tl~e proposed Elementary Schooi near Mars Hill Baptist Church. The Town of Hillsborough is interested in providing water and sewer service to the proposed school. In addition, you inquired as to whether the Town would also be interested in providing the same services to a proposed 400 unit development surrounding the school site. The Town of Hillsborough would also consider providing water and sewer service to this area as well. The conditions of service would need to be delineated in a Water and Sewer Extension Agreement approved by the T'own's engineers and ultimately the Hillsborough Board of Commissioners. Please feel free to contact me on behalf of your clients, the Orange County School System and Apex Development Corporation, when you are ready to discuss the details involved in preparing a proposed Extension Agreement. Sincerely, U '~ Eric J. Peterson Town Manager /~-~ocNt~%lI C3) 137 North Churton Street • P.U. Box 429 • Hillsborough, North Carolina 2?278 919-732-2]04 • Fax:919-732-1028 ~~, ~. ~ . 25~ .. ~ _ ._ . Appendix A Proposed Public WaterlSewer Service Boundaries Subject to addition of other. utilitiesllocalities Legend ",t~ OWASA Primary Service Area OWASA Long-Term Interest Area Hillsborough Primary Service Area - (1T7t1(IP CO1111fV PTirnaTV SPTVICP ATPa Orange County Long-Term Interest Area ~~• Rural Huffer Boundary Oraogga Coao1~ Plaaoiog t Inspectioos DeQartmeot Iefor®alion Serrices Di~issoa {•17.97 eei6 ticParlaod J : ~,~ ~~~ NORT~N ~. ~ `` ~ • 1 ` .~s , •-...~.~.~.. `• `-'~~ / r• ~_ 6~'~'ti ~ •~ 1 , // ~~r ~ ~ ~ ./ . ` •~• •V , ~.~ _.r..~Zs . -ice.. ---~ -- . _ ( ._ _. .`~ ~ ~, ~ ' ~ ~ ( -- // ~ ~, ~ '~ ~ l ~~ r \ 'f~ - ` ' o .. r ~ ~ r •~`~ _~ s I~~, 1~ ~J _`~ . _ -.~ ~`' y -fir I~ • ~J.~ ~5~ 25~~ i i:5 To: R. Eugene Bell, Director Orange County Planning. Department From: Sheriff Lindy Peadergrass Date.: January 22, 1999 Re: NC 86 and NC 57 Location: Hillsborough Township Tax Map 315 312.96 Acres Reclassification from Agricultural Residential to Tea-Year Transactional The. Orange County Sheriff's Office has been asked to write a letter regarding our ability to provide law enforcement services for the proposed rezoaiag site. We 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 seed to have an increase in personnel and equipment. Should any further information be needed please contact our office. 02/02/1999 00:14 9194692864 TRIANGLE MAT. pgGE 0Y ~J~J Town of ills ~~ MEMORANDUM ~'~~IVED ~~~ 5 ,~~~ ~y:.~. To: Gene Beli. Interim Planning Director Fmm: Margaret A. I:Iauth, Platming Din:ctor~ Date: February S, 1999 RE: Clarification regarding Apes Northwest Part~dership's Land Use Plan amendment I wanted to take this oppottumty to clarify information 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 state that "Public water aad sewer will be provided by the Town of l~llsbomugh." The proposed project is withut the service area for town utditics and staff has had discussions with the devclopers about serving this project. At this time. a water and sewer extension conardct does not exist between the developer and the Town. The Town Board has not yet bcen asked to consider aay agretmem with the developers. Any extensions of public utilities to the site will be done at the expense of the developer itt a schedule and mamtier that would be governed by an extension agreement between the developer and the Towa Board. 101 East Orar~gs Street • P.O. Bas s29 • Xillaborou~gh, NaKh Carolina 29278 919-9J2-210 • Fax: 919-~-2990 2 5' Orange County Emergency ~Vlanagement P.O. Box 8181 Hillsborough North Carolina 27278 9-1-1 Communications 24 Hour Warning Point 919-732-8161 •933-2600 24-Hour Fax Machine 919-96?-9026 `~~et- of er. w~ ~~ >r ~ ~Orfi !a=~``~ February 11,1999 TO: GENE BELL, AICP, PLANNING DEPT. Emergency Medical Services Fire Marshal. Disaster Response Hazardous Materials 919-644-3030. 968-2050 Administrative Fax Machine 919-968-4066 FROM: MIKE TAPP, DEPUTY DIRECTOR/FIRE MARSHAL 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 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 expected from the development projects shown. The values in t/tis 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 Bevy 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 0.268 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 FTE FTE FTE FTE February 1,1999 869 1.083 0.745 0.208 0.955 Thursday, February Il, 1999 Page I ojl < < ORANGE COUNTY PLANNING DEPARTMENT ~ ~ ;~ 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `..,~. Y~ ~: p Q ~~~i L.t.\lP February 5,1999 Deaz 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 Boazd 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 Par~ership requests an amendment to the Land Use Element of the Orange County Comprehensive Plan to expand the Ten-Yeaz 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 further referenced as pazcel 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 lA, tax map 5, block B, Hillsborough Township, and owned by Eva P. Brown et al and Lanie B. Fowell 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, Donald R. Belk, AICP Planner II/Land Use and Preservation 2G0