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HomeMy WebLinkAboutMinutes - 199404141 APPROVED 5/17J94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS TOWN OF CHAPEL HILL TOWN OF CARRBORO JOINT PLANNING AREA PUBLIC HEARING APRIL 14, 1994 The Orange County Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen met in joint session on Thursday, April 14, 1994 at 7:30 p.m. in the OWASA community meeting room for the purpose of holding a joint public hearing. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, and Verla Insko. COUNTY COMMISSIONER ABSENT: Don Willhoit CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Kenneth S. Broun and Council Members Joyce Brown, Mark Chilton, Lee A. Pavao, James A. Protzman and Rosemary I. Waldorf. CHAPEL HILL TOWN COUNCIL MEMBERS ABSENT: Pat Evans and Barbara Powell CARRBORO BOARD OF ALDERMEN PRESENT: Jay Bryan, Jacquelyn M. Gist, Mike Nelson, Randy Marshall and Frances Shetley CARRBORO BOARD OF ALDERMEN ABSENT: Mayor Eleanor G. Kinnaird and Alderman Hank Anderson COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planner Gene Bell, Clerk to the Board Beverly A. Blythe. and Planning Director Marvin Collins NOTE: All documents referred to in these minutes are in the Permanent Agenda File in the Clerk's Office and are made a part of these minutes by reference A. OPENING REMARKS FROM THE CHAIR Chair Carey and Mayor Broun welcomed everyone to the meeting. B. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. C. JOINT PUBLIC HEARING 1. JPA-1-94 and CP-1-94 for American Stone Company Orange County Planner Gene Bell made the presentation. He said that this item is being presented to receive public comments on a request to amend the Joint Planning Area Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. Two applications have been received which he showed on a map as JPA-1-94 and CP-1-94. They are submitted on behalf of the American Stone Company, the Orange Water and Sewer Authority and Philip and Alice Durham. He made reference to pages seven and eight in the agenda materials noting that an amendment deleting lot number 7.112..31A has been received. Page eight shows the map as amended. The subject area is now composed of four properties comprising 165 acres in Bingham Township located north of NC54 at the intersection of Bethel-Hickory Grove Church Road. The 2 first amendment JPA-1-94 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. The amendment application requests that the extractive use category be extended to the remaining properties. An amendment to the JPA Land Use Plan requires the unanimous approval of all three governing boards. CP-1-94 requests the establishment of a rural industrial activity node covering the subject properties. This amendment requires the approval of the Orange County Commissioners. These two amendments were considered at a Joint Public Hearing on October 10, 1991. Two areas of concerns dealt with the proposed relocation of an existing asphalt plant and the effects of blasting on surrounding properties. The applicants have withdrawn their proposal for relocating the asphalt plant. Two letters from Paxton Badham dated March 24 and April 12, 1994 respond to residents' concerns expressed at that meeting. Gene Bell said that there are three reasons which permits a plan to be amended: 1. changed or changing conditions, 2. in response to a change in land use policy, and 3. to correct an error or omission in the plan The applicants have cited changed or changing conditions as their primary rationale for the plan amendment. This is explained in detail in a letter dated August 19 from David Rooks on pages 35 and 36 of the agenda. Gene Bell explained that in evaluating a plan amendment, they have ten locational criteria as expressed in the Land Use Element of the Comprehensive Plan. Those criteria are slope, hydrology, flora and fauna, soil conditions, public services/utilities, the transportation system, existing land use, agriculture and forestry, population density, historic and cultural sites. The analyses of the extractive use portion of the property against these ten locational criteria is listed on pages 15 through 21 in the agenda. The Planning staff found that American Stone complied with nine of the ten criteria on both situations i.e., Extractive Use and Rural Industrial Activity Node. The area that was questionable was hydrology because of the University Lake Watershed and the 100-year flood plain. The Planning staff feels that a public good will be served by approval of this amendment with the future provision of a long-term water storage facility for the Orange Water and Sewer Authority. Roger Waldon, Chapel Hill Planning Director, said that since the concern involving the negative environmental impacts of the asphalt plant in the watershed has been removed, their staff recommendation is to endorse the application and delete their previous reservations. Roy Williford, Carrboro Planning Director, said that since their concern with the location of the asphalt plant in such close proximity to the reservoir has been removed, their staff recommendation is to approve the application. OIIESTIONS FROM THE MEMBERS OF THE GOVERNING BOARDS Commissioner Insko asked about the purpose for the activity node. Mr. Bell stated that if the planned amendment is approved, the applicants can then come back and request a special use permit, planned development rezoning. In terms of the rural industrial activity node, it would be a rezoning to I-1 3 and special use provisions and a planned development which could include a list of conditions. It cannot expand beyond what is currently approved without this amendment. Jacqueline Gist asked about the relocation of Bethel-Hickory Grove Church Road east of its current alignment. Gene Bell said there are no existing houses or churches to be relocated. The applicants would relocate the road further east to allow mining where the road currently cuts through. This was shown on a map by the developer. Joyce Brown asked what would happen to the present quarry if these amendments are not approved. Gene Bell stated that the present quarry could continue to mine for approximately fifteen years. Ed Holland with OWASA stated that presently OWASA has no rights to the quarry after fifteen years. Currently, the existing quarry reservoir that OWASA owns holds about 200 million gallons of water. In comparison, University Lake holds 570 million and Cane Creek holds three billion. The existing hole in the ground that they are still taking rock from would hold between 600 - 800 million gallons. If the entire area is quarried out per the application, the estimated capacity would be three billion gallons. COMMENTS FROM AMERICAN STONE David Rooks, attorney representing American Stone, used maps to show the location of the current quarry, the existing OWASA reservoir, existing asphalt plant, and expansion of the area if the application is approved. There will not be an asphalt plant on this site after the year 2000. American Stone cannot quarry the existing reservoir which is owned by OWASA. It has been quarried out since the late 1960~s. This application will let American Stone quarry on land leased from OWASA. There is a four-party agreement which includes a stipulation that if American Stone is allowed to proceed, OWASA would allow them to quarry on the OWASA property in exchange for the pit and other buffer acreage. Jacquelyn Gist asked a question on how much money American Stone will make. Mr. Rooks indicated that he will provide this information . Rosemary Waldorf asked how much OWASA would pay for the land from American Stone. The land is given to OWASA in exchange for American Stone using the property. In answer to a question from Commissioner Insko, there are two tracts of land that OWASA will purchase. The first is the Carlisle tract which is 17.977 acres at $6,750 an acre and the second tract is known as the Wheeless property comprising 42.67 acres at $9,783 per acre. There is also a lot where the asphalt plant was intended to be moved which can be purchased at $13,000 an acre. Gene Bell reiterated the three conditions under which a Land Use Plan amendment can take place. The applicants have cited changed or changing conditions in the southern part of the County as their reason for this amendment. When this request was received, the staff rated the application against the locational criteria and determined that the changes in terms of the expanding population in the southern part of the County and the eventual need for additional water storage justified this request. Commissioner Insko asked if there was any evidence that this storage area will be storage area that will provide high quality drinking water. Ed Holland said that it will take a number of years for the empty hole in the ground to fill up naturally. The water from the existing quarry reservoir is 4 used as a backup water supply. With the expanded pit they would plan to fill it with excess water from Cane Creek. There is a pipe line that comes from Cane Creek to the quarry which can be discharged to Phil's Creek to the quarry or directly to the treatment plant. In additional to the supply of water this project represents, it provides an enormous amount of operational flexibility if something goes wrong at Cane Creek, for example. Commissioner Insko asked about potential reservoir sites. Gene Bell stated that a report done by Hazen and Sawyer identified 12-15 potential reservoir sites. The two largest sites were the Seven Mile Creek site and McGowan Creek Site. The daily yield of each site would be 6-1/2 to 7 million gallons a day. In answer to a question from Mike Nelson, the wetland area is not impacted. However, there is an 18-inch wide ditch that will be impacted. PIIBLIC HEARING CITIZEN COMMENTS Erwin Danziger presented a written statement which is incorporated into these minutes by reference and made additional comments. In the written document is an analysis of what would happen if the quarry were to expand to its current boundary and quit in fifteen years. There would be a significant hole which would hold, according to his calculations, about 1.5 billion gallons of water or half the size of the Cane Creek Reservoir. There is only one reason the Board could make this amendment and that is that something significantly has changed and he feels that nothing has changed. He asked that the Board deny this application on the basis that there is no change. Alan Spalt asked if citizens needed to be sworn at this hearing and was told that land use plan amendments do not require sworn testimony. When and if there is a public hearing for a planned development special use re: zoning, sworn testimony will be required at that time. He noted that there are no complete tapes of the last two public hearings. He feels there is a definite long term benefit of having more water storage in this community than less water storage. Residents who live in the area have expressed concerns about the blasting and groundwater effects which he feels have not been adequately addressed. He noted that there was an environmental impact statement prepared last fall and that the inadequacies of this environmental impact statement have not been addressed except to remove the asphalt plant. He expressed a concern that there were a lot of problems with the environmental impact statement which have not been addressed including noise problems and the socio-economic aspect. He does not believe there are changed conditions. It would change the available water supply. By increasing the water supply, development will increase causing the need for additional schools and services. He feels that this amendment would help produce change that would encourage rapid growth. Relocating a creek would change conditions also. He feels there is not enough information on the table to make a decision on this request. Also, there are questions from the neighbors and environmental questions which have not been answered. With regard to the industrial activity node, he does not see that anything has changed which would favor an activity node. What has changed is the recognition that there should not be industrial activity nodes in the watershed. There is an extractive use characterization in the County which means there could be an extractive use activity node which means it could not be used for any other activity. He would say no to the industrial node and delay the expansion of the extractive 5 use until there are answers to the many questions. Rem Malloy used a map to show that he lives next to the quarry. He does not feel that sufficient changes have been identified that would justify the impact of this expansion on the community around this rock quarry. The projected increase in population does not justify the size of the pit. In answer to a question about the total acreage of the hole, he was told it would be something less than half of the 207 acres. Mr. Malloy said that when American Stone is blasting, their houses shake, their windows shake, the children and animals are afraid. It occurs at least once or twice a week. He said that according to a seismograph, one blast read 100 decibels and another one on the Parish property was 100 decibels. He has requested and gotten from Martin Marietta their blasting reports for 1989, 90, and 91. He made reference to these reports which show readings of 120 db, 118 db, 124 db, etc. The most consistent readings range from 118 db to 120 db. He feels there is no change that can justify creating even 25 more acres. He made reference to the Chapel Hill Newspaper, Sunday July 5, 1992, and an article entitled "Truth About Radon". The article indicated that radon is a gas and that problems with radon are more likely to surface in homes built on rock or near quarries. The most troublesome spots in Orange County are west of Chapel Hill and Hillsborough where rock and quarries are more common. He questioned if the environmental impact study addresses the radon problem and if it does not, he asked that there be further study on this issue. He is concerned because this area is surrounded with people and children. Dan Vallero who lives one mile from the quarry said that he agrees with all the comments made. He agrees that this is making a change rather than responding to a change. He has not heard anything that would qualify this node to be industrial. Most of the people in that area are not on public water or sewer. He questioned the phase out schedule for the asphalt plant and noted that if this is going to be used as a public water supply, it may be best to discontinue the operation of this plant to avoid building up the contaminants in the quarry. He feels that land use planning and comprehensive planning are designed to protect the citizens. There needs to be a guarantee that things they plan for -- open space or population density -- that it stays that way. It bothers him when the County Commissioners consider changing the land use plan. A change should only be for urgent needs. He asked about the easement necessary to move the road and if there is some kind of effect this would have on other zoning or easements. He believes that the plant is due for a reissuance of its permit by the state and asked if it should be done in concert with this application. He has experienced a greater frequency of blasts. Andrew Davis lives near American Stone and can feel the shocks of the blasts at American Stone. He is a member of Bethel Church and his ancestors are buried at that church property. He is afraid that the shaking of the ground will tear it up. He asked that the Board require a reputable bonding company to bond them so that people can expect to be paid for damage to their property. The well at the church went muddy and the church had to drill a new well at their own expense. He feels that the little person does not have the money to go to court but if American Stone is bonded, it would be an insurance 6 policy for the people and their property. He believes that people should be able to do with their property what they want but if they do damage, they should pay for it. Melvin Parrish, resident on property next to the quarry, stated that these are people's lives they are talking about. He is concerned about the damage that is caused by the blasting. He asked how the Department of Transportation decided to let them move the road and build a new road. The new road will be in a more dangerous spot than the present one. Alfred Perry stated that moving the road will push him further back into the woods. He feels his property has been devalued because of the presence of American Stone. The road will put his life at danger. He has trailers on his property that are falling apart fast. The blast shakes the trailers and are loud enough to scare a person. He asked that the County Commissioners go out into that area when one of the blasts goes off. With regards to changing the road and drilling, blasting and digging for another 25 years or more, he feels that they have had enough. He knows it is a public project and he believes in public obedience but at the same time he is being torn apart by all the blasting and the future plans for the reservoir. They have put a buffer up where he cannot even see out except one way and when they move the road he won't be able to see at all. He has had no problems with American Stone but feels these changes are not needed and asked that the Board please listen to the people in the area because they are the ones being affected. He showed on a map the location of his property and the seven trailers. Alice G. Durham showed where she lives. She feels that the people of Orange County should be willing to make sacrifices for the men and women of tomorrow. She has lived next to American Stone for 24 years. She hears more noise on Highway 54 and over her head than she has ever heard from American Stone Company. She is not saying there is not blasting. She noted that a wise man will build his house on a firm foundation and an unwise man will build his house on sand and she asked which one is you. Janice Vallero asked if Ms. Durham is party to this proposal, the question was not answered. In filing a complaint against the quarry she found that there is no local enforcement for this quarry. She asked that when looking at making an amendment to this land use plan, that they please hear the comments made tonight. To make complaints, a person must go through the state department. She asked that the County Commissioners deny the request for an amendment. Paxton Badham, representative of American Stone, asked to respond to several of the citizen comments. With regard to Mr. Danziger's comment about quarrying out the existing pit and then taking that over, if this deal does not go through, the towns and OWASA will not have any right or interest in that pit. This proposal gives it to OWASA free of charge. With regards to the environmental impact statement, the plant and wildlife portion was taken from records but the remainder of it was done on site. It was circulated to a number of state agencies. He made reference to the blasts and stated that there is a difference between a blast that is perceptible and a blast level that is damaging. The U.S. Bureau of Mines has done extensive study on blasting levels that cause damage. They report that a ground movement of one inch per second will damage a structure. A blast that is perceptible can be way less than that. They have set an internal guideline of one half of the state limit or one half inch per second. They have only had one claim of blasting damage from the late 1960's and it was ultimately determined that the damage was not caused from the blasting. They will respond to any claims of damage done by the blasting. They have a blast record which is public knowledge. Chair Carey noted that the record will be open for receipt of written comments until such time as the Planning Board meets to make a recommendation. Allen Spalt called attention to a letter from Mr. Badham dated March 24, 1994 which is the official response to the citizens complaints (page 65). He said that people were not notified about this meeting or the last meeting. He feels that this project represents a large possible public good which a small number of people are being asked to bear a very disproportionate burden. Planner Gene Bell clarified that after Mr. Spalt called last week, he did find the sign up list and sent a notice of this meeting to them. Mr. Parrish invited the County Commissioners to come out any day between the hours of 12:00 and 1:00 to hear the blasting. Mr. Rogers also invited the County Commissioners to his house to hear the blasting. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to refer this item to the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation to the Board of County Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS D. HOARD OF COMMISSIONERSjCHAPEL HILL TOWN COUNCIL PUBLIC HEARING 1. Z-1-94 Southern Small Area Gene Bell presented information on this item as stated in the agenda abstract. This is a proposed rezoning for the Southern Small Area. In October, 1990, the Chapel Hill Town Council appointed a Small Area Plan Work Group to develop a recommended long-range plan for this "southern area." On June 23, 1992, the Council adopted a Small Area Plan for the Southern Area as a component of the Town's long-range comprehensive plan. On October 14, 1992, a joint public hearing was held on a proposal to amend the JPA Land Use Plan to incorporate the Southern Small Area Plan. This proposal was subsequently approved by Carrboro on November 10, 1992, Chapel Hill on November 23, 1992 and Orange County on February 1, 1993. In response to citizen concerns expressed at Chapel Hill's public hearing, the Town Council adopted one-acre zoning for the area. Roger Waldon said that the original proposal followed the plan exactly with one acre lots on one side of the creek and five acre lots on the other side. Because citizens expressed a concern about the five acre lot size, the Chapel Hill Town Council voted to go with one acre lot size for the ~ ` t ~ ~ , 8 entire area which is their recommendation tonight. Anthony Nowell spoke as a member of the White Rock Church area. Because Chapel Hill has changed their recommendation from a combination of one and five acre lots to all one acre lots, they have no problem with that recommendation. They would oppose the five acre lot size. Thelma Austin, landowner of the White Rock Church area, stated that it would definitely be a hardship if the lot size is more than one acre. Louis Barber, on behalf of the pastor of the White Rock Church, stated opposition to the five acre zoning. Mayor Ken Broun clarified for the citizens in the audience that they could not move to five acre zoning without calling another public hearing. Joyce Brown stated that she was a member of the Small Area Plan Work Group. Part of the plan was to keep neighborhoods intact and they are very thankful that the citizens came forward. She supports the neighbors' desire for this area. Juanita Atwater Belton, property owner for at least 55 years said the church has been there for 70 years. The land has been in her family many years. She wants nothing to be changed from what it is now. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to refer this item to the Town of Chapel Hill for a decision and to the Orange County Planning Board for a recommendation no sooner than August 8, 1994. VOTE: UNANIMOUS 8. ADJOURNMENT There were no further items for the Boards to consider. Chair Carey adjourned the meeting. The next regular meeting of the Board of County Commissioners will be held on April 19, 1993 at 7:30 p.m. in the OWASA community meeting room in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk