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HomeMy WebLinkAboutAgenda - 03-17-1998 - 9cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 17, 1998 1 Action Agenda Item SUBJECT: ADVERTISEMENT FOR JOINT PLANNING PUBLIC HEARING - April 8,1998 DEPARTMENT: PLANNING PUBLIC HEARING: Yes _x—No BUDGET AMENDMENT REQUIRED: Yes _x No ATTACHMENT(S): - Proposed Notice of Public Hearing - Executive Summary of Carrboro Proposals - Proposed Amendment on Development Moratoria - Inna Deng Amendment Application - Executive Summary of Chapel Hill Proposal INFORMATION CONTACT: Gene Bell TELEPHONE NUMBERS: Hillsborough -732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 Extension 2589 PURPOSE: To consider the legal notice for the Joint Planning Area (JPA) Public Hearing scheduled for April 8, 1998. BACKGROUND: The Joint Planning Agreement requires that Orange County and the Towns of Chapel Hill and Carrboro conduct a Joint Public Hearing when amendments to the JPA Land Use Plan, JPA Land Use Map, or JPA Agreement are proposed. Past practice has been to schedule two JPA hearings per year, one in the spring and the other in the fall. On March 4, 1998, Planning Staff presented a report on items proposed for the April 8 JPA Public Hearing. Board guidance in scheduling was requested due to the number, as well as the complexity of some of the items. In presenting the report, Planning Staff incorrectly interpreted the intent of the Chapel Hill Town Council with regard to the Chapel Hill Northwest Small Area Plan. Staff reported that "...it is recommended that consideration of the Northwest Small Area Plan go forward and that no action be taken on those parts of the plan which pertain to the Greene Tract." This was a recommendation to the Council by the Landfill Owners Group. The Chapel Town Council has not taken a position on the recommendation. The Council asked that the Northwest Small Area Plan be considered with the Carrboro Small Area Plan. This approach would allow public comment on recommendations for the Greene Tract as well as other features of the plans. 2 The next JPA public hearing is scheduled for Wednesday, April 8, 1998. The following items (all of which require the approval of the governing boards of Orange County, Chapel Hill, and Carrboro) are proposed for consideration at the public hearing: DEVELOPMENT MORATORIA This request is to amend the Joint Planning Agreement by adding Sections 23C and 2AC to provide for the adoption of temporary moratoria to preserve the status quo while developing implementing ordinances for adopted plans or during consideration of new plans and ordinances. %311 This request is to amend the Joint Planning Area Land Use Plan and Map to incorporate JPA -2 -98 - Facilitated Small Area Plan for Carrboro's Northern Study Area. The amendment also removes text and map references to the division of Carrboro's Transition Area into Transition Area I and II. 2. This request is to amend Sections 1.2, 2.1 and 2.6E of the Joint Planning Agreement to delete reference to the division of Carrboro's Transition Area into Transition Area I and II and provide a process to allow Carrboro to approve a floating conditional use district under the ordinance administration provisions of the Joint Planning Agreement. TOWN OF CHAPEL HILL This request is to amend the Joint Planning Area Land Use Plan and Map to incorporate JPA -3 -98 - Chapel Hill Northwest Small Area Plan. CITIZEN INITIATED REQUEST 1. This request by Ms. Inna Deng - JPA -1 -98 - is to amend the Joint Planning Area Land Use Plan and Map by expanding the Chapel Hill Transition plan category to include two tracts she owns on the north side of Eubanks Road. The tracts are referenced 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 small rectangular segment of the Rural Buffer category bordered to the north and west by the Blackwood Division of Duke Forest and to the east and south by Chapel Hill Transition. The area contains approximately 57 acres and is composed of 10 properties. Joint staff review of the request recommends consideration of the entire area for inclusion in Chapel Hill Transition as proposed in the DRAFT Chapel Hill Northwest Small Area Plan. RECOMMENDATION: The Administration recommends approval of the attached advertisement for the JPA Public Hearing on April 8, 1998. 3 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN A public hearing will be held at the new Southern Human Services Center, 2501 Homestead Road, Chapel Hill, North Carolina, on Wednesday, April 8, 1998 at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against proposed amendments to the JOINT PLANNING AGREEMENT AND JOINT PLANNING AREA LAND USE PLAN AND MAP. All amendments require the approval of the governing boards of Orange County, Chapel Hill, and Carrboro. Proposed amendments include: DEVELOPMENT MORATORIA This request is to amend the Joint Planning Agreement by adding Sections 2.3C and 2AC to provide for the adoption of temporary moratoria to preserve the status quo while developing implementing ordinances for adopted plans or during consideration of new plans and ordinances. 1. This request is to amend the Joint Planning Area Land Use Plan and Map to incorporate JPA -2 -98 - Facilitated Small Area Plan for Carrboro's Northern Study Area. The amendment also removes text and map references to the division of Carrboro's Transition Area into Transition Area I and II. 2. This request is to amend Sections 1.2, 2.1 and 2.6E of the Joint Planning Agreement to delete reference to the division of Carrboro's Transition Area into Transition Area I and II and provide a process to allow Carrboro to approve a floating conditional use district under the ordinance administration provisions of the Joint Planning Agreement. TOWN OF CHAPEL HILL 1. This request is to amend the Joint Planning Area Land Use Plan and Map to incorporate JPA -3 -98 - Chapel Hill Northwest Small Area Plan. CITIZEN INITIATED REQUEST 1. This request by Ms. Inna Deng - JPA -1 -98 - is to amend the Joint Planning Area Land Use Plan and Map by expanding the Chapel Hill Transition plan category to include two tracts she owns on the north side of Eubanks Road. The tracts are referenced 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 small rectangular segment of the Rural Buffer category bordered to the north and west by the Blackwood Division of Duke Forest and to the east and south by Chapel Hill Transition. The area contains approximately 57 acres and is composed of 10 properties. Joint staff review of the request recommends consideration of the entire area for inclusion in Chapel Hill Transition as proposed in the DRAFT Chapel Hill Northwest Small Area Plan. The specific text amendments proposed as described in this notice are available for public inspection at the Orange County Planning Department. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Orange County Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. Phone inquiries should be directed to 732 -8181 (Hillsborough), 688 -7331 (Durham), 967 -9251 (Chapel Hill / Carrboro) or 227 -2031 (Mebane /Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. Specific questions regarding the Carrboro proposals should be directed to the Carrboro Planning Department located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday. Phone inquiries should be directed to 968 -7713. Specific questions regarding the Chapel Hill proposals should be directed to the Chapel Hill Planning Department located in the Chapel Hill Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday. Phone inquiries should be directed to 968 -2728. R. Eugene Bell, Acting Planning Director PUBLISH: Chapel Hill Herald March 26, 1998 April 2, 1998 4 5xseu7qv$ s70M,4n Facilitated Small Area Plan for Carrboro's Northern Study Area FINAL DRAFT Implementation Strategy Maas aceo&d 4 ae V"ue 4 r46� An w t 19. 1997 Suaw" ;DwAawd 4 the 6=14w 25, iffy EXECUTIVE SUMMARY Northern Study Area Facilitated Small Area Plan and Implementation Strategy Background In February 1992, the Board of Aldermen for the Town of Carrboro determined that a comprehensive planning effort was needed for those areas of the town's jurisdiction which are expected to receive the bulk of any growth and development occurring in the coming years. Under population projections at the time, this growth was expected to include nearly 12,000 new residents by the year 2010, and associated civic, business, and commercial ventures. Due to environmental constraints associated with the protection of the University Lake water supply to the south and west of Carrboro, growth was expected to occur primarily to the north and east of the town, areas where public water and sewer service could be extended. The projected growth areas include property located along the northeastern border of Carrboro and Chapel Hill, most of which was within the Town's Extraterritorial Jurisdiction, and the areas designated Transition Areas One and Two by the 1987 Joint Planning Agreement. The bulk of this area was located outside of the city limits, but within the Town's planning jurisdiction, and was termed Town of Canboro and Planning Jurisdiction Showing limits of Northern Study Are FobnMr 10612" PfnWeC DqP-. RAW the Northern Study Area (NSA). It was decided that this planning effort would take the form of a small area plan and that a group of citizens which included residents, property - and business- owners from within the town and study area, would participate in the process. By late 1993, the planning process was underway, with Town staff providing support to the 31- member Small Area Plan Work Group. In February 1996, a public hearing on the Small Area Plan for Carrboro's Northern Study Area - Proposed Draft for Presentation was held. Due to the issues raised during the hearing, the Board of Aldermen proposed that a facilitated planning conference be held, at which a consensus plan would be developed. A Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 1 Steering Committee made up of elected officials and residents of the study area was established to plan the workshop. The planning conference took place on two Saturdays, approximately one month apart, in the Spring of 1997, with staff of the Orange County Dispute Settlement Center serving as facilitators and Randall Arendt of the Natural Lands Trust providing professional planning assistance. As the plan primarily affected development in the unincorporated portions of Carrboro's planning jurisdiction, funds for the conference were provided by all three parties to the Joint Planning Agreement, Carrboro, Chapel Hill and Orange County. Approximately 150 citizens participated in the process. The original plan was revised in accordance with the consensus of the participants and the Facilitated Small Area Plan for Carrboro's Northern Study Area FINAL DRAFT was presented to, and accepted by, the Board of Aldermen on August 12, 1997. Plan Elements During the nearly five years of planning for development in the Northern Study Area through the year 2010, careful attention was paid to balancing the interests of the landowners in the NSA with the interests of all Carrboro's citizens. Population estimates prepared by the Office of State Planning during the course of the five -year planning process reveal that Carrboro's municipal population had grown from 12,786 to 14, 652, a growth rate of 3.6 percent per year. TOWN OF CARRBORO, NORTH CAROLINA 1960 - 2010 POPULATION AND PROJECTIONS 1,997 5,058 8,118 12,136 12,786 13,048 14,652 16,874 23,917 Sources: 1960 - 1990, US Census/NC Department of Administration 1992 - 2010 Town of Carrboro Planning Department/State of North Carolina, Office of State Planning The management of all new development associated with approximately 9,300 new residents is to parallel both the preservation and protection of natural, social, aesthetic, and economic characteristics of the northern study area, and the support of Carrboro's small -town character, as well as the enhancement of quality of life for all. The resulting plan proposes to cluster a bulk of the new residential development by encouraging village -scale development, conservation of natural and environmentally sensitive areas, allows density bonuses for affordable housing meeting certain development criteria, and sanctions neighborhood- and community -scale commercial centers. The overall target density for the northern Study Area is approximately the same as the current density of the town: 2.1 dwelling units per acre. The target densities for mixed use areas is approximately five dwelling units per acre. These development management options have been selected in order to minimize the negative impacts of new development on environmental quality, transportation, taxation, and existing neighborhoods. These elements should discourage a sprawled pattern of monotonous development, preserve Carrboro's unique, small town character, and allow the creation of new, neighborhood -scale communities which can be connected to existing and new areas via a network of open space corridors. Ten goals and supporting objectives were established by the planning process for the Northern Study Area. The goals are noted below. Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 2 1. Patterns ofgrowth which minimize negative impacts and maximize positive impacts on the community. 2. Patterns of growth which allow for the efficient provision of town services 3. Conservation of natural and environmentally sensitive areas, and the protection of environmental quality. 4. A variety of housing types and price levels. S. A variety of transportation routes, which allow for bus, automobile, bicycle, and pedestrian modes of transportation. 6 Adequate provision ofpublicly accessible parks and recreation facilities. 7. Continuation of Carrboro 's small -town character and preservation of its existing neighborhoods. 8. A pedestrian -scale community. 9. Continuation of the character and natural beauty of the study area 10. Encourage active farmland preservation. Governmental Coordination and Action Required The town's planning jurisdiction over much of the study area was established by the 1987 Joint Planning Agreement between Carrboro, Chapel Hill and Orange County. The agreement is linked to the Joint Planning Area Land Use Plan, adopted in 1987. The terms of this agreement require joint approval by all three governments for any changes to the plan or agreement, joint approval by Orange County and Carrboro of all rezoning RECOMMENDED SMALL AREA PLAN within the transition areas, and allow objections by Orange County to any land use ordinance amendments to disallow any proposed changes M Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 3 0 Implementation An Ordinance Drafting Committee was established by the Board of Aldermen on September 16, 1997 to develop regulations which would implement the plan. Recognizing the uncertainty which might have been created as to the effect of revisions to the land use ordinance on any pending development applications, a six -month moratorium on the review of Special and Conditional Use Permit applications was placed on the Northern Study Area. Between November, 1997 and May, 1998, the moratorium will prevent the review of development applications which might be rendered obsolete by any ordinance amendments, as well as preserve the status quo of major tracts of land located within the Northern Study Area. Now in its fifth month of work, the drafting committee has submitted joint planning amendments to the Board of Aldermen and Orange County staff for review, and has identified regulatory changes which are needed to support the key elements of the plan. Amendments to the Town of Carrboro Land Use Ordinance and supporting design standards have not yet been completed. Implementation of the NSA plan requires changes in each of the three categories of governmental action noted in the previous section. The JPA Agreement must be amended to eliminate the one- unit - per -acre cap on density within the transition area, and to allow the Carrboro Board of Aldermen to establish the floating traditional neighborhood and office /assembly districts without requiring joint action by Orange County. This amendment is scheduled for review by all three governing boards at a public hearing on April 8. At this same meeting, the Joint Planning Area Land Use Plan needs to be amended to adopt by references the NSA plan and to delete the language that caps the density. Amendments to the Town of Carrboro Land Use Ordinance must be adopted by the Board of Aldermen, without objection by the Orange County Board of Commissioners. A draft of the ordinance changes has been prepared and will be submitted as background material for review at the JPA public hearing in April. The new ordinance provisions generally include the following: residential development based on net density; additional open space provisions regarding the conservation of scenic viewsheds, historic and cultural features, tree -lined corridors, and prime agricultural soils; a traditional neighborhood village district; an office /assembly district; incentives for the development of affordable housing; development performance standards; and design guidelines for affordable housing and the village district. These provisions may be applicable to other areas in Carrboro's planning jurisdiction • The official zoning map applicable to Carrboro's transition area will be amended to reflect the base zoning determined for the area. This may occur in conjunction with the JPA amendments in April, or may take place at a later date during a joint meeting between the Board of Aldermen and the Orange County Board of Commissioners. The rezoning must follow, or occur concurrently with, the land use ordinance amendments. Joint Public Hearing Resolutions addressing two of these steps have been prepared and forwarded to Orange County for review. A joint meeting of all three governing bodies has been scheduled for April 8, 1998. The resolutions are presented on the following pages. Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 4 e 10 Resolutions Requiring Action by Orange County, Chapel Hill and Carrboro Joint Planning Area Agreement Amendment JOINT PLANNING AGREEMENT AMENDMENT Whereas, Orange County. the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22. 1987, as amended April 2. 1990; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19,1997; and WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro, and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement; and WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Agreement; NOW, THEREFORE, the Joint Planning Agreement is hereby amended as follows: 1. Section 1.2 (Definitions) of the Agreement is amended by deleting from subsection H ( "Transition Area ") everything after the first three sentences. (The deleted language divides Carrboro's Transition Area into Transition Area I and Transition Area 11 and prohibits the density of Transition Area II from exceeding one unit per acre until at least 75% of the area within Transition Area I meets certain developmental thresholds). 2. Section 2.1 (Standards Within the Transition Area) of the Agreement is amended by deleting the last sentence of paragraph B, which provides -. "Transition Area II shall have density limited pursuant to Section 1.2H." 3. Subsection 2.6E of the Agreement is amended by rewriting the second sentence and by adding a new third sentence to read as follows- "With respect to property that is located within the CJDA Transition area, changes in zoning classifications, other than changes to the "floating" conditional use districts designed to implement the recommendations of the "Facilitated Small Area Plan for Carrboro's Northern Study Area (i.e. changes to Carrboro's Traditional Neighborhood conditional use district or Office /Assembly conditional use district) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Changes to the foregoing conditional use districts within the CJDA Transition area may be approved by Carrboro without Orange County's concurrence. but subject to the provisions of Section 2.3 of this Agreement regarding permit administration." THIS AMENDMENT TO THE JOINT PLANNING AGREEMENT is entered into this day of 1998. Joint Planning Area Land Use Plan Amendment A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987. as amended April 2, 1990, and Facilitated Small Area Plan and Implementation Strategy -,Executive Summary Page 5 11 WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan was adopted on October 13. 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997, and WHEREAS, the Small Area Plan was the product of a four yew planning process that involved numerous public officials, planners, and residents of the affected area, culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Area Land Use Plan; NOW THEREFORE, THE (ORANGE COUNTY BOARD OF COMMISSIONERS] [CHAPEL HILL TOWN COUNCIL] [CARRBORO BOARD OF ALDERMEN] HEREBY RESOLVES THAT THE JOINT PLANNING AGREEMENT BE AMENDED AS FOLLOWS: 1. Section VII of the Plan ( "Overview of Implementation Strategies ") is amended on page 91 by adding under the heading "Coordination with other Plans" a second paragraph to read as follows: "Without limiting the generality of the foregoing, the "Facilitated Small Area Plan for Carrboro's Northern Study Area," accepted by the Carrboro Board of Aldermen on August 19. 1997, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition area. ". 2. Section V of the Plan ( "Joint Planning Operating Principles ") is amended on page 59 by deleting the entire first paragraph at the top of the page, which begins with "The portion of the Transition Area...." and includes numbered subparagraphs 1 through 5. (The deleted language divides Carrboro's Transition Area into Transition Area I and Transition Area 11 and prohibits the density of Transition Area 11 from exceeding one unit per acre until at least 75% of the area within Transition Area I meets certain developmental thresholds). 3. Section VI of the Plan ("Future Land Use - Joint Planning Area ") is amended on page 71 by deleting from the first paragraph under the heading "Transition Areas" everything after the first two sentences. (The deleted language references and describes -the division of Carrboro's Transition Area into Transition Area I and Transition II as described above). This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. Draft Zoning May Amendment Resolution - Requires Action by Orange County and Carrboro AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP APPLICABLE TO THE TOWN OF CARRBORO'S TRANSITION AREA WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement dated September 22, 1987, as amended April 2,1990; and WHEREAS, pursuant to the Joint Planning Agreement, Carrboro prepared and Orange County adopted a Zoning Map for the Carrboro Transition Area; and Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 6 12 WHEREAS, under the Joint Planning Agreement, changes in zoning classifications that affect properties within the Carrboro Transition Area must be approved by both Carrboro and Orange County following a joint public hearing held by the two governing bodies; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997; and WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area, culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and WHEREAS, The Small Area Plan was incorporated into the Joint Planning Area Land Use Plan by the joint action of Orange County, Chapel Hill, and Carrboro; and WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Zoning Map applicable to properties within the Carrboro Transition Area; NOW THEREFORE, THE [ORANGE COUNTY BOARD OF COMMISSIONERS] [CARRBORO BOARD OF ALDERMEN] ORDAINS: Section 1. The Zoning Map applicable to properties within the Carrboro Transition Area as shown on Exhibit A, is hereby adopted by reference and supersedes the previous Zoning Map applicable to such properties, as shown on Exhibit B. All properties whose zoning classifications are changed by the adoption of Exhibit A are listed on Exhibit C, which identifies such properties and lists the previous and the new zoning classifications. Section 2. All provisions of any ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. Facilitated Small Area Plan and Implementation Strategy - Executive Summary Page 7 { 13 AN ORDINANCE AMENDING THE JOINT PLANNING AGREEMENT PERTAINING TO DEVELOPMENT MORATORIA ARTICLE 2 ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS 2.3 Permit Administration within the Transition Area C. From time to time the Town of Carrboro or the Town of Chapel Hill may determine that a development moratorium is appropriate in order to address exigent circumstances, the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of the Town of Chapel Hill or the Town of Carrboro, or for some other legally valid purpose. To preserve the status quo pending the consideration of a land use ordinance amendment designed to address the reason for a moratorium, the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a development moratorium pending consideration of the ordinance amendment. Any such moratorium must be adopted by the Town of Carrboro or the Town of Chapel Hill in the same manner as an amendment to the applicable jurisdiction's development regulations as contained in its land use ordinance(s). Further, 1) with respect to -the - CJDA, _ any proposed-- _ - moratorium shall not be effective until adopted by the 14 Town of Carrboro and approved by Orange County and, 2) with respect to the CHJDA, any proposed moratorium shall not be effective until adopted by the Town of Chapel Hill and approved by Orange County. Any such adopted and approved moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Nothing described herein shall be construed to indicate that any particular party has determined that a moratorium is warranted in any particular-case. 2.4 Permit Administration within the Rural Buffer C. From time to time Orange County may determine that a development moratorium is appropriate in order to address exigent circumstances, the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of Orange County, or for some other legally valid purpose. To preserve the status quo pending the consideration of a land use ordinance amendment designed to address the reason for the moratorium, Orange County may adopt a development moratorium pending consideration of the ordinance amendment._ Any such moratorium must be adopted in the _ same manner as an amendment to Orange County , s A development regulations as contained 15 g d i n its land use ordinance(s). Any such adopted moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Nothing described herein shall be construed to indicate that Orange County has determined that a moratorium is warranted in any particular case. The Joint Planning Agreement is amended effective the amendment contained in this ordinance having been approved by the Town of Carrboro and the Town of Chapel Hill and this ordinance having been adopted.by Orange County on the effective date. lsg -11 morator.doc ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 v� v 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 - I - CIS DATE RECEIVED: 4;a�PM STAFF PERSON(S) RESPONSIBLE: GENERAL DATA: Property Owner(s) Name: Inner, Deng Mailing Address: 4646 Grindingstone Dr. Raleigh NC 27604 Phone: ( Home) 95)--0375 ( Work) 876 -7541 961 -3131 Agent(s) Name: _Inna Dena of International Real Estate, Inc. Mailing Address: 1300 -C Millbrook Rd. Raleigh NC 27609 Phone: 919- 876 -751L1 961 -3131 SPECIFIC DATA: Tax Reference: Township 7 Tax Map_ (Lot 27F is under contract, I will reauest the Public /Private Road Name: Eubanks Lot 27 - .0 acres Lot Size: Acreage Lot 27E - 4.1 Acu Square Footage L.o 2 7 - 23x3 Lot a4.S-4 t- Lot Frontage 1d 2; F - ! q-6 . b - Lot Depth I-0-WE-1164.9-?k Current Plan Category Designation(s): General 18 Block Lot 279 27E same plan amendment once accuisition is complete) Activity Node Watershed 16 Joint Planning Area Rural Buffer - - _ - -- 7-- - - - n REQUEST ALUP- - 17 SPECIFIC DATA (continued): Describe Land Uses in the General Area: Currently_ vacant land, landfill to the east and Duke Forest to the north & west. MUOI - 1 on the east of the land-fill 1 onP Eubank Rte On Adjacent Parcels of Land: Duke Forest & Landfill & Landfil future trucking plant ( ?) REQUEST: Land Use Plan Category Designation(s) Requested: Change to Chanel Hill tr?nsi- ion area. Type of Amendment: Primary Secondary - X 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. 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. - - - - - -- - - - -- - - - - -- NAME OF APPLICANT IGNATUR.E OF AP ICANT(S) DATE - 00 u 18 0669 IA 22 52 AC tlII�L�C� ^i ?�u� I o0�-- !i 1 B 1 1 ' 1 � It 64221 Rp ►7 27 i 27 S_ _- I �2.76At.I EUbANK 9086 1143 .08 AC • I^ 7E I � 27F / % 27C i 2911 23 w i 8770 27G 27H I Q 3349 - 9249 222 4 05 1 AC. AC - 2.0 29S 6 AC. 6 A C 1 SAC. 1 A 4A L4 _ 1 2889 I1 I 2 I j 26 ssal 34'AC.I :.3 AC _ 1 21.61AC. - owa I i r , 2 zl Isz9 • / I 2447 MAC 23 _._��__ 2W -- 33 AC I� 43 AC 3. 1to AC _._ - -•- _ -1 , 3241 I sHe i I 1 3 AC. - -. •_ —! - W bA - -- -- ChI �;�I ic�o �T,X �g 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 UNIVERSITY 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; RUNNING THENCE ALONG AND WITH THE WEST LINE OF DORIS FARMER ETAL SOUTH 09 - 39'45 " WEST 113.69 FEET TO AN IRON STAKE IN THE NORTH RIGHT OF WAY LINE OF EUBANKS RD; 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 ENTITLED "PROPERTY OF WOODROW W. SELLERS" PREPARED BY GEORGE C. LOVE, JR. RL.S. L-655, JOB NO. 21898, DATED SEPTEMBER 21ST, 1987 AND LAST REVISED 6- 22-88, RECORDED IN PLAT BOOK 53 PAGE 187, ORANGE COUNTY REGISTRY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME. 19 -_: °`EXHIBIT A" EGINNING at an existing iron pipe on the southern Duke University property line and being the :)rthwest corner of that certain parcel conveyed to the Town of Chapel Hill, 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 line 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 65 degrees 14'04" West 156.68' 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 line 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 Inna Zang Johnson. 20 21 LETTER OF REQUEST Re: Chapel Hill Township - map 18 lot 27 & 27E The current land use is rural buffer. I am requesting to change it to Chapel Hill transition area The 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 area" 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 comer 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 zoning on the east side of landfill, which I think as a real estate broker, will be the best use of this area. Irma Deng of International Real Estate, Inc. 1300 -C Millbrook RD. Raleigh NC 27609 919- 876 -7541 or 961 -3431 MCH 22 TOWN OF CHAPEL. HILL SMALL AREA PLAN NORTHWEST AREA EXECUTIVE SUMMARY EXCERPTS FROM: T DRAFT PLAN SEPTEMBER 11, 1995 Summary Where We Are The Chapel Hill Town Council has created an Urban Services Boundary around Chapel Hill. The area within that boundary is proposed to be eventually developed to urban densities. This land is now, for the most part, largely undeveloped. Through this Small Area Planning Process, the Town seeks to address the question of how the land in the northwest portion of Chapel Hill could best be developed. Where We Want To Go The Small Area Plan for the Northwest Area presents a plan for the preservation and development of the land generally south of Interstate 40, including the land north of Weaver Dairy Road, the land west of Airport Road (N.C. 86), and the land north of the University of North Carolina's Horace Williams tract and Homestead Road. This Plan represents an integral part of the Town's Comprehensive Planning process. This Small Area Plan is intended to provide a more detailed land use plan for the relatively undeveloped northwest area, which is a part of the Town's projected urban services area. By reflecting on the environmental constraints and special characteristics of the Northwest Area, and by making an effort to incorporate changing conditions in this area, it is the intention of this plan to provide a long range vision for development in this area that will maintain the essential values of the Town of Chapel Hill. The recommended plan incorporates the following "building blocks" as part of the long range vision for the Northwest Area: • Protection of Existing Neighborhoods • Affordable Housing • Open Space • Geeenways • Village Pattern • Employment Campus • Transportation Corridor The protection of existing residential neighborhoods is a primary objective of the recommended Northwest Area Plan. The Plan proposes a Village Pattern of development along the rail line corridor, primarily located on the Greene tract. The plan assumes that the Greene tract will be developed and will not be used as a landfill. Generally decreasing residential densities are proposed as distance from the village center increases. The Plan also proposes that a portion of the Greene tract could be used for affordable housing. The Village Pattern is an alternative to traditional subdivision development. The village is intended to create a pedestrian - friendly environment that will provide residents with easy access to a village center that will have neighborhood stores and a central transit stop. The opportunity also exists to develop a transportation corridor in coordination with the rail line corridor. Such a transportation corridor could be used as a pedestrian/bikeway, busway, or light rail transit corridor. The plan also supports the Town's Comprehensive Planning goals of encouraging local economy by recommending an Employment Campus along Eubanks Road, near the Interstate 40 and N.C. 86 interchange. This Employment Campus would be intended to serve as a place of employment rather than as a shopping area. The Plan also proposes a new large Community Park in the northwest corner of the Greene tract. A network of proposed greenways along perennial stream corridors would connect dedicated open space in the village area with surrounding residential areas and parks. A system of local and collector streets are proposed to provide additional access to parcels located in the interior of the Northwest Area. The Plan also proposes aligning roads to avoid dangerous intersections in close proximity to the rail line corridor. N.C. 86, Eubanks Road, Homestead Road, and Rogers Road are proposed to remain as they are and serve as collector roads. Northwest Small Area Plan Page 1 23 How To Get There The Process 24 The "Recommended Strategies" Section of the Plan presents a number of ideas on how to make the Plan a reality. Zoning the land for the proposed uses and densities is a major strategy. Conditional Use Zoning is proposed for the village. Also, a new zoning category is recommended for the Employment Campus area. Adopting Design Guidelines and using the Town's Development Review process to encourage well - designed uses and to ensure protection of environmentally sensitive areas is another key implementation strategy. It is also recommended that neighborhood conservation programs be developed for low and moderate income areas, while also considering assisting developers of low- income housing with extensions of public water and sewer lines. A feasibility study of the Transportation Corridor concept is suggested, to determine the short-term and long -term feasibility of using the rail line corridor. Finally, a spirit of cooperation and collaboration is recommended with the University of North Carolina at Chapel Hill, Duke University, the Town of Carrboro, and Orange County, in an effort to best incorporate mutual interests in the Northwest Area. I On January 25, 1993, the Town Council established the Northwest Small Area Plan Work Group and charged it with developing a Small Area Plan for the Council's consideration. The Northwest Small Area is the second area for which the Council has requested a small area plan. The Southern Small Area Plan was adopted in June 1992. The Work Group met and deliberated monthly from May 1993 to December 1994. During this time, the Work Group held three neighborhood meetings designed to give the public information and to hear ideas and reactions. These meetings were held on September 21, 1993, February 22, 1994, and on October 6, 1994. The Work Group also coordinated with the Town of Carrboro's Small Area Plan Work Group, that was simultaneously conducting a similar small area planning process. The Carrboro Small Area Plan Work Group has been planning for Carrboro's northern planning jurisdiction, an area that is adjacent to the western boundary of Chapel Hill's northwest small area. The two Small Area Plan Work Groups held joint meetings in January and October of 1994, and had ongoing liaisons that worked to keep each Work Group informed of the other's progress. The interaction of these two Work Groups was an integral part of the planning process. Page 2 Northwest Small Area Plan The Plan Overview This report has examined the environmental conditions of the study area, established goals and objectives for the area, and identified several building blocks for various land use patterns that could be used in the Northwest Area. Building on these criteria, this section presents a long -range plan for the Northwest Area. In formulating the plan, the Work Group also considered three alternative plans for the area (see Appendix). The consideration of all four of these plans produced the final recommended plan. The recommended plan combines all of the planning concept "building blocks ": Protection of Existing Neighborhoods, Affordable Housing, Open Space, Greenways, the Village Pattern, the Employment Campus, and the option of a Transportation Corridor. The Recommended Plan One of the first steps in formulating a plan was the protection of existing residential neighborhoods. In particular, the plan seeks to protect the Northwood neighborhood and the Rogers Road and Billabong Lane areas. Based on the fact that the northwest area contains some of the little land left in Chapel Hill that is suitable for office, commercial or retail use, and considering that the area has easy access to an interstate interchange, an Employment Campus is shown along Eubanks Road and Millhouse Road. The Employment Campus is intended to support the Town's Comprehensive Plan Goal of encouraging a local economy characterized by varied scale and types of educational, research, professional, commercial and service activities. In particular, the Comprehensive Plan suggests a local economy including 1) office, institutional, and commercial employers of small to medium scale, located in conveniently accessible centers and areas efficiently serviced by public utilities, services, and transit, avoiding strip development, and 2) small -scale professional, commercial and service employers in low- intensity developments designed to minimize conflicts with adjacent residential development. The development of an Employment Campus in this area also supports the Comprehensive Plan's Economic Goals of promoting employment in areas central to major transportation systems, with surrounding higher - intensity residential uses. In particular, the Comprehensive Plan supports such a mix of uses in the N.C. 86 and Interstate 40 area. This Employment Campus land use represents a new category that would be primarily characterized by small -scale flex -space and office uses appropriate to the area. In particular, the Campus would serve as a destination that would attract employees for the duration of the work day. This new land use will require a new zoning category that will promote well- designed, functional places of employment. Some secondary uses that may be considered as part of the "employment campus" concept are service - oriented uses, research and development uses, and medical facilities. In keeping with the Town's adopted Comprehensive Plan Goals, the plan reflects the Town's existing mixed use land use on the land east of N.C. 86 and north of Weaver Dairy Road. Mixed Use zoning calls for a mix of commercial, office, and residential in this area. Based on the large amount of commercial square footage (259,200 s.f.) that has been approved as part of the Chapel Hill North development, the proximity of existing residential neighborhoods, and in support of the Town's Entranceway Protection Goals, the plan reflects an Office - Institutional land use for the lots at the southeast intersection of N.C. 86 and Weaver Dairy Road. Northwest Small Area Plan Page 35 25 A Village Pattern of development is shown along the rail line, south of the Northwood subdivision. The village pattern is primarily located on the Greene tract. The Village Pattern consists of mostly residential uses: single family detached houses, townhouses, and apartments. The Village has an office and commercial area within easy walking distance of the residences. Active and passive recreation areas are proposed through various dedicated open space areas, and a network of greenways would preserve perennial stream corridors and provide access to the Town's future Northwest Community Park. An interconnected grid street system is proposed, which would disperse traffic and promote a pedestrian - friendly environment. The opportunity also exists to utilize the adjacent rail line as a transportation corridor. 27 A transportation corridor developed in coordination with the rail line could be used as a pedestrian/bikeway, busway, guided busway, or light rail transit access to other parts of the Town including the Northern Park and Ride Lot on Eubanks Road, the Employment Campus area along Eubanks Road, Chapel Hill High School, Seawell Elementary School, the University's Horace Williams tract, Downtown Chapel Hill, and possibly the University's main campus. A new large Community Park (approximately 50 acres) is shown in the northwest quadrant of the village pattern. The park is located in this quadrant based on the'natural physical boundaries of the area. This park will help meet the future recreational needs of residents. The park will also help to preserve existing neighborhoods by buffering them from future development. Finally, the park will buffer future development from the southern portion of the existing landfill. The perennial stream corridors are shown as potential greenways that could provide a network connecting the village area with surrounding residential areas. In particular, it is recommended that a greenway be established that would connect the Town's Northern Community Park (along N.C. 86) to the new Community Park (on the northwest side of the village pattern). Various open spaces in the village area would also be incorporated into the greenway network. Elsewhere in the area, residential development is shown, with density generally decreasing as distance from the village center increases. Residential densities to the north and west, vary from one to two units per acre. Residential areas east of the rail line and west of N.C. 86 show a density of 4 units per acre. The easternmost portion of the study area, on the north side of Weaver Dairy Road, is shown with a density of four to six units per acre. The land between the village and the University's Horace Williams Property shows a density of four or six units per acre, reflecting projected future development on the Horace Williams tract. Northwest Small Area Plan - Page 37 LEGEND 111111111 TRANSPORTATION CORRIDOR � � VILLAGE CENTER O TRANSPORTATION CORRIDOR ACCESS POINTS 10 DWELLING UNITS PER ACRE 6 DWELLING UNITS PER ACRE 4 DWELLING UNITS PER ACRE 2 DWELLING UNITS PER ACRE 1 DWELLING UNIT PER ACRE/ EMPLOYMENT CAMPUS MIXED USE OFFICE I INSTITUTIONAL TO BE PRESERVED ®AREAS GREENE PARK 27 A transportation corridor developed in coordination with the rail line could be used as a pedestrian/bikeway, busway, guided busway, or light rail transit access to other parts of the Town including the Northern Park and Ride Lot on Eubanks Road, the Employment Campus area along Eubanks Road, Chapel Hill High School, Seawell Elementary School, the University's Horace Williams tract, Downtown Chapel Hill, and possibly the University's main campus. A new large Community Park (approximately 50 acres) is shown in the northwest quadrant of the village pattern. The park is located in this quadrant based on the'natural physical boundaries of the area. This park will help meet the future recreational needs of residents. The park will also help to preserve existing neighborhoods by buffering them from future development. Finally, the park will buffer future development from the southern portion of the existing landfill. The perennial stream corridors are shown as potential greenways that could provide a network connecting the village area with surrounding residential areas. In particular, it is recommended that a greenway be established that would connect the Town's Northern Community Park (along N.C. 86) to the new Community Park (on the northwest side of the village pattern). Various open spaces in the village area would also be incorporated into the greenway network. Elsewhere in the area, residential development is shown, with density generally decreasing as distance from the village center increases. Residential densities to the north and west, vary from one to two units per acre. Residential areas east of the rail line and west of N.C. 86 show a density of 4 units per acre. The easternmost portion of the study area, on the north side of Weaver Dairy Road, is shown with a density of four to six units per acre. The land between the village and the University's Horace Williams Property shows a density of four or six units per acre, reflecting projected future development on the Horace Williams tract. Northwest Small Area Plan - Page 37