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Home My WebLink AboutAgenda - 04-08-1998 - 4aQ~ ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN ACTION AGENDA ITEM ABSTRACT Meeting Date: Apri18, 1998 Action Agenda Item # 4 , a SUBJECT: JPA-1-98 - REQUEST BY MS. INNA DENG TO AMEND THE JOINT PLANNING LAND USE PLAN AND MAP DEPARTMENT: PLANNING PUBLIC HEARING: x Yes No ATTACHMENT(S): - Application Materials - Staff Analysis INFORMATION CONTACT: Gene Bell Ext. 2589 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on a citizen initiated request to amend the Joint Planning Area Land Use Plan and Map. BACKGROUND: This request by Ms. Irma Deng (JPA-1-98) is to amend the Joint Planning Area Land Use Plan and Map by expanding the Chapel Hill Transition Area plan category to include two tracts on the north side of Eubanks Road. The tracts aze identified as lots 27 and 27E, Tax Map 18, Chapel Hill Township and contain 8.08 and 3.62 acres respectively. They are located in a segment of the Rural Buffer Area, bordered to the north and west by the Blackwood Division of Duke Forest and to the east and south by the Chapel Hill Transition Area. The tracts are a part of the land proposed for inclusion in the Chapel Hill Transition Area as proposed in the Chapel Hill Northwest Small Area Plan. RECOMMENDATION: The Orange County, Chapel Hill, and Carrboro Planning Staffs recommend approval of the proposed amendment, including the other seven parcels in the area as recommended in the Chapel Hill Northwest Small Area Plan. A proposed schedule for consideration is as follows:. lapel Hill Planning Board Recommendation May 12, 1998 Town Council Decision May 2b, 1998 o~~ arr or Planning Board Recommendation April 16, 1998 Board of Aldermen Decision May 12, 1998 Orange County Planning Board Recommendation June 3, 1998 Board of County Commissioners Decision June 22, 1998 r - ' ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `~••~• r e v ~ C 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 SPA - 1 - °f~5 DATE RECEIVED: ~/ZCD/~l~ ~;~gPM STAFF PERSON{S) RESPONSIBLE: GENERAL DATA• Property Owner(s) Name: Irma Deng Mailing Address: 4646 Grindingstone Dr. Raleigh NC 27604 Phone: (Home) 951_-0375 ( Work) 876-7541 Agent(s) Name: Irma Dene of International Real Estate. Inc. Mailing Address: 1300-C Millbrook Rd. Raleigh NC 27609 Phone: 919-876-75i~1 961-31131 SPECIFIC DATA: ~~ ~ Tax Reference: Towns-hip 7 Tax Map 18 Block Lot 27, 27E (Lot 27F is under contract, I wi request the same plan am~enc~ment once Public/Private Road Name: Eubanks aceuisition is complete) Lot 27 - .0 acres Lot Size: Acreage Lot 27E 6 tw Square Footage LD ~ ? - 235. ~ 1pt ~ - eZQ~6-~c¢~ Lot Frontage (ot ~ F - ls6 .lr~f' Lot Depth Lot ,2~ E - !/D 4. 2~~ Current Plan Category Designation(s): General Activity Node Watershed Joint Planning Area Rural Buffer --- ---- 961-3431 ~~~ SPECIFIC DATA (continued): REQUEST #LUP- Describe Land Uses in the General Area. Currently vacant land. landfill to the east and Duke Forest to the north & west. MUOI - 1 on th e~_ of tha l anrlfi 11 alon;~Fubank Rte. On Adjacent Parcels of Land: Duke Forest & Landfill & Land future trucking plant (?) REQUEST: Land Use Plan Category Designation(s) Requested• Ch2n~e to Cha.~el Hill tr=l on area. Type of Amendment: Primary Secondary ,{ * * ~- This application should be submitted with the following materials: X Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, in question. X Legal description of the parcel, or portion thereof. X 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. Z (We), the undersigned, certify that all statements furnished is this application are true and to the best of my (our) knowledge and that the application as submitted is complete. ANNA D~/E] - - -- = -- - NAME OF APPLICANT IGNATURE OF AP ICANT(S) DATE _ ~ - ~' __ .~-~ ~---?r--:-. ~~ ~.- -~s.- ~-- ~i... $!~ _ .-.T.- 3.=...r.~-.~~'T~ ter. -- - ~~ _ rs _~~_.~-. _ - _ '- - - - ._ is N 80P 000 '`. Llu~c~C4•;r~u~' ~~~r -~~~ I ~ ~ i ~ ~ • 6422 27 • I i2.76gc.1 22 • 90 8 6 1143 pz I ~x, I / KS i `~ ) 0669 • t IA i22 5~ AC H~ ~~` o ~~ _ ao ~-r 21I ~ -~ -~~~ 27F I j ~ ~ 2 3 ; = 27C 29.. -~ c ~ ~ 962s '9 51 P^, Q N 27H 6370 ~ 27G y 3349 9249 ~ A~5 ~ 2.0 293 6 AC. 6 AC lac. ~ r ~ •• t~ ii . - t 2ss9 I t I I O I ~ 26 y~ai ~ 23 - - ~ 21.61AC. ~ 24s7 3SAC. i / .. .-- - 26~ ,, _~ --- - . 33 AC 1143 Ai. 3.?v AC ~ '----~ --ec ~ ~ i l ` ~ •y~4e _! ~a-r ~S _ _- _ __'__ _ ~~ ~. - --..~_ ._-~-- _ :0~~._ .__ __ _ ____-._ .~. :r __._-_S. ..~..~~-- . 4 __:-=rte -- -=-___ ==: - . ~__:~-_-~~_23B == ------ -------- -- Chc~l t~~l Tt,.~o ~T4x N~ Ig orb LEGAL DESCRIPTION FOR LOT 27 BEGINNING AT AN IRON STAKE ON THE NORTH RIGHT OF WAY LINE OF EUBANKS RD. (S.R 1727) AT THE SOUTHEAST CORNER OF DUKE iJNIVEItSTTY AND SAID IRON STAKE BEING THE SOUTHWEST CORNER OF TRACT ONE AS SHOWN ON PLAT ENTITLED "PROPERTY OF WOODROW W. SELLERS" WHICH PLAT IS RECORD IN PLAT BOOK 53 PAGE 187, ORANGE COUNTY REGISTRY; RUNNING THENCE LONG AND WITH THE EAST AND SOUTH LINES OF DUKE UNIVERSITY NORTH 03 - 28'40" EAST 1124.54 FEET TO AN EXISTING CONCRETE MONUMENT AND SOUTH 87 -44'52° EAST 360.94 FEET TO AN EXISTING IRON STAKE AT THE NORTHWEST CORNER OF DORIS FARMER ETAL; RUNNIIJG THENCE ALONG AND WITH THE WEST LINE OF DORIS FARMER ETAL SOUTH 09 - 39'45" WEST 113.69 FEET TO AN IltON STAKE IN THE NORTH RIGHT OF WAY LINE OF EUBANKS RD; ~ S RUNNING THENCE WITH THE NORTH RIGHT OF WAY LINE OF EUBANKS ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 998.99 FEET, AN ARC LENGTH OF 6.33 FEET (CHORD BEARING SOUTH 87 - 34'22" WEST ,CHORD DISTANCE 6.33 FEET) TO AN IRON STAKE. THENCE CONTINUING ALONG AND WITH THE NORTH RIGHT OF WAY LINE OF EUBANKS ROAD SOUTH 87 - 52'26" WEST 235.54 FEET TO AN IRON STAKE THE PLACE AND POINT OF BEGINNING AND BEING ALL OF TRACT ONE EXCLUSIVE OF THE RIGHT WAY OF EUBANKS ROAD AND CONTAINING 7.69 ACRES MORE OR LESS ACCORDING TO PLAT AND SURVEY ET]'TITL.ED "PROPERTY OF WOODROW W. SET i~~~" PREPARID BY GEORGE C. LOVE, JR R.L.S. LASS, JOB N0.21898, DATID SEPTII1dBER 21ST, 1987 AND LAST REVISID 6-22-88, RECORDID IN PLAT BOOK 53 PAGE 187, ORANGE COUNTY REGISTRY, TO WHICH PLAT REFERENCE IS I~REBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME. ,~ ~r:h~._. = ~ ~ ~ ,- ~s`:'.- `.EXHIBIT A„ :GINNING at an existing iron pipe on the southern Duke University property line and being the _ ~ thwest corner of that certain parcel conveyed to the Town of Chapel Hiil, Orange County and Carrboro and recorded in Deed Book 1465, Page 349, Orange County Registry to which there exists an unrecorded plat on file with the Chapel Hill Engineering Department, and being a part of the Johnson property (Deed Book 338, Page 213). Running thence from said point of beginning running with the Town of Chapel Hill, Orange County and Town of Carrboro tine South 04 degrees 14' 38" East 1017.27' to an existing iron pipe; running thence along the same line South 04 degrees 14' 38" East 33.75' to a calculated corner in the middle of the 60' right of way in Eubanks Road, said calculated corner being located S 55 degrees 10' 33" West 778.76 from an North Carolina Department of Transportation Right of Way Monument; running thence South 6~ degrees 14' 04" West 156.b8' to a calculated corner in the middle of the 60' right of way in Eubanks Road; running thence North 04 degrees 11' 25" West 31.15' to an iron set; running thence along the same line with the eastern Line of Doris Farmer et al. (Deed Book 338, Page ;213} North 04 degrees 11' 25" West 1073.77' to an Existing iron pipe on the Duke University southern property line; running thence North 85 degrees 21' 15" East 145.70' along the Duke University Iine to the point and place of BEGINNING, containing 3.62 acres, more or less, all as shown on an unrecorded plat dated January 10, 1997 and prepared by Freehold Land Surveys, Inc., Job No. 17270, titled Property of Inns Zang Johnson. 04~ i ~. LETTER OF REQUEST Re: Chapel Hill Township -map 181ot 27 c~ 27E The current land use is rural buffer. I am requesting to change it to Chapel Hill transition area. The 1 reason for this is that the area is in transition for rural type area to a commercial type of transition Again I am requesting to be in the "Chapel Hill transition azea° as the land along Eubanks Road on the other side of landfill. This area is right next to the current Chapel Hill transition area. Lot 27and 27E on Eubanks Road, which is located near Hwy. 40, should be put into higher and better use instead of remaining in a rural buffer zoning. In addition, one of the biggest Harris Teeters is currently being built on the corner of Eubanks Road. There is an industrial park on the east side of the landfill, which is along Eubanks Road My request is consistent with the caning on the east side of landfill, which I think as a real estate broker, will be the best use of this area. Iona Deng of International Real Estate, Inc. 1300-C Millbrook RD. Raleigh NC 27609 919-876-7541 or 961-3431 MCH . ~.~.~.~ .~ MEMORANDUM TO: Orange County Board of Commissioners Chapel Hill Town Council Carrboro Board of Aldermen Orange County Planning Board John Link, County Manager Cal Horton, Chapel Hill Town Manager Robert Morgan, Carrboro Town Manager FROM: Orange County Planning Staff Town of Chapel Hill Planning Staff Town of Carrboro Planning Staff DATE: April 2, 1998 SUBJECT: JPA-1-98, Inna Deng, Proposed Amendment to the Joint Planning Area Land Use Plan Comprehensive Plan Amendment On January 26, 1998, a petition for amendment to the Joint Planning Area Land Use Plan (JPALUP) and Map was submitted by Ms. Inna Deng. The request is to expand the Chapel Hill Transition Area plan category to include two tracts on the north side of Eubanks Road. In accordance with the Joint Planning Agreement and Articles 2 and 20 of the Orange County Zoning Ordinance, the proposed amendment is evaluated on the following pages. BACKGROUND The property proposed for amendment lies in Chapel Hill Township, on the north side of Eubanks Road, west of the Orange Regional Landfill. Specifically, the request involves two pazcels totaling 11.7 acres of land, referenced as pazcels 27 (8.08 acres) and 27E (3.62 acres), tax map 18, Chapel Hill Township (7.18..27 and 27E). The parcels are part of a rectangulaz, nine-lot azea currently designated Rural Buffer in the JPALUP, surrounded by Duke Forest to the north and west, the inactive portion of the Orange Regional Landfill to the east, and undeveloped wooded lots to the south. One house currently exists in the azea south of lot 27 on the lot referenced as 27G (please see copy of Chapel Hill Tax Map 18 included with application). The rectangular area described above is bounded to the south and east by Chapel Hill Transition Area, although the two individual pazcels in this request aze not adjacent to the Chapel Hill Transition Area. The proposed amendment would redesignate the two parcels from their current Rural Buffer designation to Chapel Hill Transition Area. Chapel Hill Transition is described in the JPALUP as "areas located adjacent to the urban areas of Chapel Hill and Carrboro. They are in the process of changing from rural to urban uses or are already urban in use; are developed at ~Y~ )~ or suitable for urban-type densities; and are now provided or are projected to be provided with urban services. " If approved, this amendment would transfer land- use regulatory authority for this area to the Town of Chapel Hill, including the application of Chapel Hill zoning following a joint public hearing and approval by Chapel Hill and Orange County. Note: For consistency, staff is recommending that this request be expanded to consider the entire nine-lot area currently designated Rural Buffer as a whole. ANALYSIS Article 2.2.14 of the Orange County Comprehensive Plan states the reasons for amending the Plan. In that the JPALUP is contained in the Orange County Comprehensive Plan, it is appropriate to review those reasons for applicability to this request. Following each of the reasons is an assessment (including information from the applicant) of how it relates to this amendment request in bold: a. "Because of changed or changing conditions in a particular area of the County." The applicant cites changing conditions as part of the rationale for this request, stating that the "area is in transition for rural type area to a commercial type of transition". The new Chapel Hill North development to the east of this area and the Chapel Hill Industrial Park east of the landfill are cited as examples of new development and changed conditions." The applicant further states that the request "is consistent with the zoning on the east side of the landfill", and will "be the best use of this area." b. "To correct an error or omission in the Comprehensive Plan." No error or omission is cited. c. "In response to a change in policies, objectives, principles or standards governing the physical development of the County." The Chapel Hill Northwest Small Area Plan, of which this property is part, would supersede existing land use policy for this area and represent a change in policies, objectives, principles and standards. It should be noted that this Small Area Plan proposal also recommends that the area be redesignated Chapel Hill Transition. ~i p to ~hility of Amendments With Existing_JPA Policy Proposed amendments to the JPALUP are evaluated for compatibility with the Joint Planning Operating Principles. The policy statements are listed on pages 51-53 of the Plan and were originally taken from the Orange County Land Use Plan and the Chapel Hill discussion paper on Land Use Plan Assumptions. The principles are grouped into seven categories: ~~~ 0 Principle Compliance Open Space Yes University Lake Watershed Not applicable Higher Intensity Uses/Transition Area Yes Rural Areas Not applicable Urban Form Yes Utility Extensions Yes Allocation of Growth Yes Staff comments in italics follow each applicable principle in terms of whether the proposed amendment complies or does not comply with it. Open Space Principle: The existing open space system in Chapel Hill Township, which includes Duke Forest Lands, the UNC buffer around University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest lands, should be protected from intrusion by incompatible land uses. Staff Comment: Complies. Although this area is adjacent or in close proximity to Duke Forest Lands along Eubanks Road and north of Interstate 40, the Small Area Plan does not propose for any land uses to intrude into these areas. The Northwest Small Area Plan does seek to preserve significant stream corridors that drain into these areas, while also identifying additional open space/greenway areas. Higher Intensity Uses /Transition Areas Principle: The more-intensive land uses are most appropriately located within the towns and then within the areas adjacent to the Towns likely to become urban. A transition area should be designated, between existing developed areas and the Rural Buffer, as a target area for new development to occur. Staff Comment: Complies. This area is adjacent to Chapel Hill Transition and is an "island" of Rural Buffer between existing transition areas and Duke Forest lands. More-intensive land use on this property would be consistent with the more urban nature of property to the south and east. Urban Form Principle: A compact form of development should be achieved avoiding urban sprawl. The urbanizing areas of the Towns are the major growth centers in the Township. The "infill" of existing urban areas is the guiding principle upon which the Chapel Hill Township Plan is based. os ~~ "Infill" development of suitable vacant land within the Towns at existing or projected densities, as set forth in the Towns' 1977 Land Use Plans should be encouraged. Staff Comment: Complies. The area covered by the Northwest Small Area Plan (including this area) is within the Town's Urban Services Area as defined in the 1986 Land Use Plan and the 1989 Comprehensive Plan. The Urban Services Area is the Town of Chapel Hill's long range planning area that is expected to have urban development, served by public water and sewer facilities. Utili Extensions Principle: The timing of utility extensions and the pace of growth should be coordinated. Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. Staff Comment: Complies. The Northwest Small Area Plan does not include plans to extend water and sewer service outside the Joint Planning Area. Allocation of Growth Principle: Areas where public facilities and services are available should be developed before areas where such services are not yet available. To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. In other words, all "spillover" development will be absorbed within the boundaries of Chapel Hill Township. The area north of Town is assumed to be most suitable for absorbing "spillover" because of transportation access, the large, efficiently sewerable area below the Morgan Creek-New Hope Creek divide, and existing growth patterns. The "Southern Triangle" area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. Duke Forest tracts will not be developed over the period 1980-2000. Staff Comment: Complies. The Northwest Small Area Plan which includes this area provides a plan for growth that would occur in areas served or to be served by public facilities and services. The Northwest Study Area does not include any "spillover" growth, and does not include any land located in Chatham or Durham Counties, Bingham Township, or the "Southern Triangle " area. The Northwest Study Area does include the small southeast portion of the Blackwood Division of Duke Forest, which is separated from the main tract and is located south of Eubanks Road and east of Rogers Road. The Northwest Small Area Plan proposes that this portion of Duke Forest remain part of the Rural Buffer. RECOMMENDATION The Planning staffs of Chapel Hill, Carrboro and Orange County recommend approval of the proposed amendment, including the other seven parcels in the area described previously. In the Recommended Strategies section of the Chapel Hill Northwest Small Area Plan (page 48), the following language is found: ~~ • Request that Orange County consider placing an area west of the current landfill along Eubanks Road and east of the Duke Forest tract in Chapel Hill joint planning jurisdiction. This area is presently located in Orange County's Rural Buffer. 053 The consistency with Joint Planning Operating Principles, the Northwest Small Area Plan, changing conditions of the area, and the intensity of surrounding land uses make Transition Area a more appropriate fit for this location. Q~~ RURAL BUFFER UNIVERSITY LAKE WATERSHED RURAL BUFFER f i~