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HomeMy WebLinkAboutMinutes - 19911010 AGENDA DETAIL ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD JOINT PLANNING PUBLIC HEARING THURSDAY, OCTOBER 10, 1991 7:30 P.M. CARRBORO ELEMENTARY SCHOOL AUDITORIUM SHELTON STREET CARRBORO, NORTH CAROLINA A. OPENING REMARKS FROM THE CHAIRMAN B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and any fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. NOTE: ITEM C - JOINT PLANNING PUBLIC HEARING involves the Orange County Board of Commissioners and Planning Board, and the governing boards of the Towns of Chapel Hill and Carrboro. ITEM D - ORANGE COUNTY PUBLIC HEARING involves the Orange County Board of Commissioners and Planning Board. THE PROCEDURE WILL BE TO CONSIDER THE JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS AND THE COMPREHENSIVE PLAN AND MAP AMENDMENTS FOR AMERICAN STONE AND THEN TO CONSIDER THE SAME FOR THE NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN. AT THE CONCLUSION I WILL THEN ENTERTAIN A MOTION FOR THE JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS FOR THESE TWO ITEMS AND ALSO A MOTION FOR THE COMPREHENSIVE PLAN AND MAP AMENDMENTS FOR THESE TWO ITEMS. FIRST WILL BE THE JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS and the COMPREHENSIVE PLAN (LAND USE ELEMENT) AND MAP AMENDMENTS AMERICAN STONE COMPANY - MARVIN COLLINS Comments from Roger Walton or Roy Williford Questions or comments from any member of the governing board Questions or comments from any member of the planning boards Citizen Comments t t L } Approved: 1/21/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JOINT PLANNING PUBLIC HEARING OCTOBER 10, 1991 The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Aldermen, and the Orange County Planning Board met in joint session on October 10, 1991 at 7:30 p.m. in the Carrboro Elementary School Auditorium, Carrboro, North Carolina. BOARD OF COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Stephen Halkiotis, Alice Gordon, Verla Insko and Don Willhoit. CHAPEL HILL TOWN COUNCIL: Mayor Jonathan Howes, and Council Members Julie Andresen, Joe Herzenberg, and Joyce Brown. CARRBORO BOARD OF ALDERMEN: Mayor Eleanor Kinnaird, and Aldermen Randy Marshall, Hilliard Caldwell, Frances Shetley, and Tom Gurganus. ORANGE COUNTY PLANNING BOARD: Betty Eidenier ORANGE COUNTY STAFF: County Manager John Link, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, and Planner Emily Cameron. NOTE: THE RECORDING EQUIPMENT DID NOT FUNCTION PROPERLY AND THESE MINUTES WERE RECONSTRUCTED FROM USEABLE TAPES, STAFF NOTES, AND AGENDA MATERIALS. WELCOME Chairman Carey welcomed the people in the audience and requested that they sign up if they wish to speak. PUBLIC CHARGE: Chairman Carey read the Public Charge. C. JOINT PLANNING PUBLIC HEARING D. ORANGE COUNTY PUBLIC HEARING AMERICAN STONE COMPANY C.1.a. Joint Planning Area Land Use Plan and Map Amendments JPA-1--91 D.1.a Comprehensive Plan (Land Use Element) and Map Amendments CP-3-91 This presentation was made by Marvin Collins. In summary, this item was presented to receive citizen comment on a request to amend the Joint Planning Area (JPA) Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. Applications have been received on behalf of American Stone Company, the Orange Water and Sewer Authority (OWASA), and Philip and Alice Durham to amend the JPA Land Use Plan and the Orange County Comprehensive Plan. The subject area is composed of five properties referenced as Chapel Hill Township, Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part), 9B, 9C, and 9E. The tract contains approximately 208 acres and is located north of NC 54 at the intersection of Bethel-Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: JPA-1-91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Hap 28,lot 98 is the only property so designated for this type of use. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of the governing boards of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP-3-91 requests the establishment of a Rural Industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban-type services. Such an amendment requires only the approval of the Orange County Commissioners. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE PLANNING STAFF AND/OR THE ELECTED OFFICIALS Town of Chapel Hill Planning Director Roger Walden emphasized that this is an existing use in this watershed area. The key short-term issue in the opinion of he and his staff is water quality. Discussions with OWASA staff and review of reports relevant to the subject indicate a greater concern on OWASA's part toward the possibility of runoff and/or a spill from the existing asphalt plant rather than runoff from quarrying operations. These concerns would be largely addressed by the proposed relocation of the asphalt plant. Associated improvements with the plant relocation would include above-ground storage tanks with containment facilities, a modern plant which would operate at lower temperature, and an improved system of emissions control for air pollutants. The key long-term issue has to do with hydrology. Phil's Creek is shown on the 1983 FEMA floodplain map as having a 100 year floodway approximately 2100 feet in width, crossing the site as described under the "slope" section. This water course has been significantly altered by the existing quarry operations. It is not clear whether the quarry operation could function outside of the floodplain. Environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time a special use permit was considered. The applicant would address impacts on the floodplain at that point. With regard to the quarry operation, it is Chapel Hill staff's opinion that surface runoff will go into the pit. With regard to the relocation of the asphalt plant, there is currently an asphalt plant in operation and from review of the materials it appears that safety at the plant would be improved by the proposed changes. Chapel Hill planning staff recommends approval of this request. No comments were made by the Carrboro staff. In response to a question regarding why this area needs to be designated as a Rural-Industrial Activity Node and the implications of this designation, Mr. Collins indicated that Agricultural/Industrial would be spot zoning. This activity node is site-specific. The boundary of the activity node follows the boundary of the proposed quarry operation. There would be no other uses associated with it other than the extractive use. Commissioner Gordon requested that more data be gathered as to the effect of the quarry operation on Phils Creek. Also, she indicated that it would be helpful to have information on how an improperly operating asphalt plant could adversely effect the watershed. • Mr. Collins indicated that the quarry and asphalt plant would undergo the environmental impact review. The applicants would prepare the environmental impact statement which would then be submitted as a part of the special use application. Conditions could be attached to the approval of the Special Use Permit to address specific concerns. He also indicated that asphalt plants are frequently closely associated with a quarry operation because part of the raw material comes from the quarry. If the existing quarry were to cease operation, the asphalt plant would probably be closed at that time. An unidentified citizen indicated that the problem is that OWASA will acquire ownership of the new quarry at no cost in return for supporting the items on the agenda. He asked if OWASA would be in support of this if they were not going to gain a sizable reservoir once the proposed quarry is mined out. Commissioner Gordon asked staff to explain to what extent this is a relocation of a current use and to what extent it is a relocation and expansion. Is the original quarry operation going to be closed down before the new one is open? Mr. Collins indicated that the asphalt plant will be a relocation of an existing use. The old plant structure will be removed and will be replaced on the east side of the new road. The quarry itself would be viewed as an expansion of an existing use. Relocating the road would be the first step. The quarry operation would expand from where it is now and move in a southeast direction toward the old quarry. The new realignment of the road would provide for better site distance along Highway 54. Ms. Eidenier asked how establishing a Rural-Industrial Activity Node for an extractive use in this area is different from establishing a Rural-Industrial Activity Node in other places in the Rural Buffer. Also, is a problem perceived with the impervious surface ratio in the University Lake Watershed? Mr. Collins indicated that this is an existing use so there is no additional intrusion into the Rural Buffer with this operation. It is still in the same area where it has existed since the mid-1960's. In response to a question pertaining to impervious surface, he indicated that American Stone was advised that they will need to address the issue of impervious surface when the Special Use Permit application is filed. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS AND/OR COMMENTS FROM THE APPLICANTS OR THEIR REPRESENTATIVES. Mr. Jim Mergner, Vice-Chairman of the Orange Water and Sewer Authority Board of Directors, spoke in favor of this proposal. His written comments are incorporated herein by reference and may be found in their entirety in the permanent agenda file in the Clerk's office. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS/COMMENTS FROM CITIZENS Mr. Alfred Perry, a local property owner, spoke against this proposal. He indicated that the new road would be near his property. He asked if there would be a buffer between the road and his property or if this would landlock his property. Will he continue to have road frontage? He indicated that the plan would ensure 40 more years of bombing in his area. His trailer park tenants have • indicated that the blasting shakes the walls. Also, his fish pond leaks from the repeated blasting. Mr. Erwin Danziger, a local property owner, spoke against this proposal. He indicated that the noise and the blasting causes great difficulties and stress to property owners. Ms. Ann Parrish, a local resident, spoke in opposition to this proposal. She asked for clarification about what the County would do if the blasting in some way caused their water to become contaminated. Ms. Madeline Levine, a local resident, spoke in opposition to this proposal. She felt that insufficient environmental data had been supplied by the staff in their analysis of the proposal. She stated that this information should be provided before the governing boards take action on the request. Mr. Daniel Valero, a local resident, spoke in opposition to this proposal. County staff was asked to address the following concerns when these items are brought back to the Boards: -How many people are going to be adversely effected by the moving of the quarry and asphalt operations? -Would approval of this Land Use Plan change set a precedent for the Rural Buffer? If so, what precedent would it set? -Is there legal recourse for property owners for damages if the quarry were to become a permitted use or an industrial node? -How might some of the concerns which were raised concerning ground water and damage to structures be addressed? Mayor Kinnaird asked what just compensation for property damage is being considered. Commissioner Willhoit asked for clarification on the history of this quarry and the difficulties that neighbors have experienced as a result of the blasting. Has American Stone been notified of these problems and what kind of satisfaction was received in response to any complaints? Mr. Belon, a local landowner, spoke in opposition to this proposal. Mr. Allen Spalt, a local landowner, spoke in opposition to this proposal. He indicated that the choices are difficult, since a sizable reservoir would be available after the quarry is mined out. However, the environmental affects have not been adequately addressed in order to support the request. C. JOINT PLANNING PUBLIC HEARING D. ORANGE COUNTY PUBLIC HEARING NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN C.1.b JPA-2-91 Proposed Amendments to the Joint Planning Area Land Use Plan and Map D.1.b CP-4-91 Proposed Amendments to the Orange County Comprehensive Plan (Land Use Element) and Map This presentation was made by Planner Emily Cameron. In summary, these items were presented in order to receive citizen comments on proposed ' I r J amendments to the Joint Planning Area Land Use Plan and Map and the Orange County Comprehensive Plan (Land Use Element) and Map to incorporate recommendations from the New Hope Creek Corridor Open Space Master Plan. In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Produced with the assistance of a multi- jurisdictional advisory committee, the New Hope Creek Corridor Open Space Master Plan was presented to the elected officials of the four jurisdictions in April, 1991. The plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts with historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple, or purchase of development rights. Some of the wildlife corridors should remain in private ownership. The Orange County portion of the Corridor includes: 1. Wildlife Corridors, including the 100-year floodplain; a. New Hope Creek Wildlife Corridor-beginning at the point the creek crosses Mt. Sinai Road (SR 1718) extending through Duke Forest to Erwin Road (SR 1737); also includes a portion of the floodplain along Old Field Creek between the Existing Natural Area and New Hope Creek; b. Piney Mountain Creek Wildlife Corridor - extending through the Couch Tract of Duke Forest south along Piney Mountain Creek across Mt. Sinai Road to New Hope Creek; c. Rhodes Creek Wildlife Corridor - beginning south of Cornwallis Road extending northeast to Eno River State Park; 2. Wildlife Protection Area, including the 100-year floodplain between Erwin Road and the Durham County line; 3. Unpaved nature trails; and a. Within Duke Forest on existing roads and trails b. Across Cornwallis Road (SR 1716) connecting the Couch Tract and the Durham Division of Duke Forest; and C. Along Sunrise Road crossing I-40 to the Korstian Division access point of Whitfield Road; 4. Bike/pedestrian trails. a. In conjunction with a Scenic Road Designation along NC 751 and any future extension; and b. Following Old NC 10 to Mt. Hermon Church Road, across US Highway 70 to Pleasant Green Road to reach Eno River State Park. Mr. Waldon, Planning Director for the Town of Chapel Hill, announced the schedule for the Town Planning Board and Town Council to consider the proposed amendments. He added that the Chapel Hill planning staff would also propose amendments to the town's Land Use Plan to include portions of the New Hope Corridor Open Space Master Plan within the town limits. THE PUBLIC HEARING WAS OPENED FOR QUESTIONS/COMMENTS FROM CITIZENS. Mr. David Patterson stated that he was an Orange County native and a descendant of John Patterson who owned land along New Hope Creek. Mr. Patterson urged protection of the headwaters of New Hope Creek, especially from site #4 under consideration for the proposed County landfill. Ms. Madeline Levine and Ms. Jones also urged protection of New Hope Creek by eliminating landfill site #4 from consideration. Mr. Bill Sessoms spoke as an attorney representing a family which owns land adjacent to New Hope Creek which is split by the Orange-Durham County line. He submitted a letter which is in the permanent agenda file in the Clerk's Office. Mr. Sessoms stated that his clients feel that the cost of acquiring open space along the corridor should be shared equally by all four jurisdictions, since all citizens would benefit by the open space preservation. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. BOARD ACTION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to refer Items C-1-(a) JPA-1-91 American Stone Company and C-1-(b) JPA-2-91 New Hope Corridor Open Space Plan to the governing boards of Chapel Hill and Carrboro for a decision and to refer these items to the Orange County Planning Board for a recommendation to come to the County Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer Items D-1-(a) Comprehensive Plan (Land Use Element) and Map Amendments (CP-3-91) American Stone Company and D-1-(b) - CP-4-91 New Hope Corridor Open Space Master Plan to the Orange County Planning Board for a recommendation to come to the County Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS There being no further business, the meeting was adjourned. The next regular meeting of the Orange County Board of Commissioners will be held on Tuesday, October 22, 1991 at 7:30 in the Orange Water and Sewer Authority Community Meeting Room in Carrboro, North Carolina. Moses Carey, Jr., Chairman Beverly Blythe, Clerk SECOND JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS COMPREHENSIVE PLAN (LAND USE ELEMENT) AND MAP AMENDMENTS NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN - EMILY CAMERON Comments from Roger Walton and Roy Williford Questions or comments from any member of the governing board Questions or comments from any member of the planning boards Citizen Comments MOTIONS Item C-1&2 -• Joint Planning Area Land Use Plan and Map Amendments for American Stone and the New Hope Corridor Open Space Master Plan entertain a motion to refer this item to the governing boards of the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation to come back to the County Board of Commissioners no sooner than January 6, 1992. Item D-1&2 - Comprehensive Plan (Land Use Element) and Map Amendments for American Stone and the New Hope Corridor Open Space Master Plan entertain a motion to refer this item to the Orange County Planning Board for a recommendation to come back to the County Board of Commissioners no sooner than January 6, 1992. ADJOURNMENT