HomeMy WebLinkAboutAgenda - 03-04-1998 - 10aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 4 1998
Action Agenda
Item # J _0-Cl
SUBJECT: OVERVIEW OF ITEMS PROPOSED FOR APRIL 8,1998 JOINT PLANNING PUBLIC
HEARING
DEPARTMENT: PUBLIC HEARING: Yes _x—No
. BUDGET AMENDMENT REQUIRED: Yes _x —No
ATTACHMENT(S): INFORMATION CONTACT: Gene Bell
- Inna Deng Application Extension 2589
- Chapel Hill 2/23/98 Status Report
- Bill Crowther 11/5/97 Letters to Mayors
TELEPHONE NUMBERS:
Hillsborough -732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill -967-9251
PURPOSE: To inform the Board of items proposed 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. The next
JPA public hearing is scheduled for Wednesday, April 8, 1998.
number, as well as the complexity of some items proposed for presentation on April
8, raises questions in regard to time; specifically, can all items be heard in the allotted
time or do special considerations such as starting earlier or having a continuation date
need to be considered? There are potentially four JPA Land Use Plan amendments and
two Joint Planning Agreement amendments proposed for April 8. Likewise, there is an
amendment to the Land Use Element of the Orange County Comprehensive Plan directly
related to one of the JPA Plan amendments (American Stone) that could also be presented
following the JPA items (this item would not require the participation of Chapel Hill and
Carrboro).
z
The Chapel Hill Town Council discussed these issues at their meeting on February 23.
Various options such as starting the hearing early (5:30 PM) or identifying continuation
dates after April 8 were discussed, but ultimately they recommended two hearings: one
on April 8 as scheduled and another at a date to- be- determined. The Council voted
unanimously to recommend that the Inna Deng request, Facilitated Small Area Plan for
Carrboro's Northern Study Area, and amendments to the Joint Planning Agreement be
heard on April 8; they also recommended that the Chapel Hill Northwest Small Area Plan
be considered concurrent with the Carrboro plan so that issues related to transportation,
recreation, and future land uses might be considered in tandem. With regard to the
American Stone amendment, the Town Council recommended that it be considered at a
separate hearing to be scheduled before the end of the current fiscal year (no dates were
identified).
The "Schedule of Planning- Related Meetings and Activities" calls for Board approval of
the legal notice on March 4. However, consideration of the notice at the March 17
meeting is an option as it allows time to get the notice to the newspapers by March 20.
Items proposed for consideration at the April 8 public hearing include:
JPA LAND USE PLAN AND MAP AMENDMENTS
The following amendments require the approval of the governing boards of Orange
County, Chapel Hill, and Carrboro.
1. JPA -1 -98 Inna Dent! (see attached application materials)
This application requests expansion of the Chapel Hill Transition plan category to
include two tracts (Chapel Hill Township Tax Map 18, lots 27 and 27E) on the
north side of Eubanks Road. The tracts contain 8.08 and 3.62 acres respectively
and 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 50
acres and is composed of nine individual 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.
2. JPA -2 -98 American Stone Company (see Chapel Hill attachment)
s (Fourth in a series of public hearings: the first occurring on October 10, 1991, the
second on October 14, 1993, and the third on April 14, 1994).
The applicant requests expansion of the extractive use plan category as contained
in the JPA Land Use Plan. This category encompasses mining and quarry
operations. The property contains 164.97 acres and is specifically described as
lots 8A (part), 9B, 9C, and 9E of Tax Map 28 in Bingham Township (currently,
lot 9B is the only property so designated). The amendment application requests
that the extractive use category be extended to the remaining properties.
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The Carrboro Board of Aldermen determined in August 1994 that it would take
no further action on the amendment request until American Stone, Orange Water
and Sewer Authority (OWASA), and citizens opposed to the quarry expansion
had undertaken a mediated dispute resolution process. From June 1996 until
April 1997, representatives from OWASA, American Stone, and Citizens Against
Quarry Expansion met in 21 mediated sessions that resulted in a draft
Memorandum of Agreement. The application to amend the JPA Land Use Plan
and Map is unchanged, but because almost four years has elapsed since the last
public hearing, it is felt that another public hearing is advisable before a decision
is made.
3. JPA -3 -98 Town of Carrboro (see Chapel Hill attachment)
This is a request to amend the JPA Land Use Plan and Map to incorporate the
Facilitated Small Area Plan for Carrboro's Northern Study Area. It also
removes text and map references to the division of Carrboro's Transition Area
into Transition Area I and II.
4. JPA4-98 Town of Chanel Hill (see Chapel Hill attachment)
This is a request to amend the JPA Land Use Plan and Map to incorporate the
proposed Northwest Small Area Plan. Previous consideration of the plan was
postponed pending Landfill Owner Group discussions on the future of the Greene
Tract. In that issues relative to the Greene Tract are still being discussed, 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.
JOINT PLANNING AGREEMENT AMENDMENTS
The following amendments require the approval of the governing boards of Orange
County, Chapel Hill, and Carrboro.
1. Town of Carrboro (see Chapel Hill attachment)
This request is 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.
2. Orange County (see November 5, 1997 letter and attachments from Bill Crowther)
This request provides 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.
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ORANGE COUNTY COMPREHENSIVE PLAN (LAND USE ELEMENT) AND
MAP AMENDMENT
This amendment requires the approval of the governing board of Orange County only.
CP -1 -98 American Stone Company
(Fourth in a series of public hearings: the first occurring on October 10, 1991, the
second on October 14, 1993, and the third on April 14, 1994).
The applicant requests the establishment of a rural industrial activity node
covering the subject properties. A rural industrial activity node is land focused on
designated road intersections in the rural areas that is appropriate for small scale
industrial uses which do not require urban-type services. The property contains
164.97 acres and is specifically described as lots 8A (part), 9B, 9C, and 9E of Tax
Map 28 in Bingham Township. The application to amend the Comprehensive Plan
and Map is unchanged, but because almost four years has elapsed since the last
public hearing, it is felt that another public hearing is advisable before a decision
is made.
RECOMMENDATION: The Administration recommends the Board receive the foregoing as information
and identify scheduling preferences for inclusion in the notice of public hearing to
be brought back on March 17, 1998.
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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 - 1 - q16
DATE RECEIVED: (1'2(01q6- a FPM
STAFF PERSONS) RESPONSIBLE:
GENERAL DATA:
Property Owner(s) Name: Inna Deng
Mailing Address: 4646 Grindingstone Dr. Raleigh NC 27604
Phone: (Home)95L -0375 (Work) 876 -7541 961 -3131
Agent(s) Name: Inna Deng of International Real Estate, Inc.
Mailing Address: 1300 -C Millbrook Rd. Raleigh NC 27609
5
Phone: 919- 876 -750 961- 31.31
SPECIFIC DATA:---
Tax Reference: Township- 7 Tax Map 18 Block Lot 27, 27E
(Lot 27F -is under._ contract, I will the. same plan amen -ament once
Public /Private Road_Name__ Eubanks acauisition is complete)
- -- -
Lot 2'f - acres
Lot Size: Acreage-, Lot. _ 27E - 3► a= atu. Square Footage - l -
- —
- - [o
t�7 gas - Lot z - a4. t-
Lot
Frontage rot24F Lot Depth [_ of 2Ei- !_ .?
- -- - - - - -- - --
Current- Plan_ - Cate s j : General -
Activity -Node. - Watershed
- Joint Planning Area
Rural Buffer -- _. -,- —_ - - --- --
-_ Za - -
__ L
REQUEST #LUP- 6
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 1 anrifil 1 along Eubank Rd.
On Adjacent Parcels of Land: Duke Forest & Landfill & Landfill
future trucking plant ( ?)
REQUEST:
Land Use Plan Category Designation(s) Requested: Change to Chanel Hill transi-
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
ate Aki oz-in the County generally, which make the proposed
amendment reasonably necessary.
I__(We.)J 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. -=
=- - - AN
NAME OF APPLICANT - IGNATURE OF_AP ICANT(S) -
-- — - -- - - - - DATE
23
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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.
R.L.S. L -655, JOB NO. 21899, 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.
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_ «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 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 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.
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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.
Inns Deng of International Real Estate, Inc.
1300 -C Millbrook RD. Raleigh NC 27609
919 - 876 -7541 or 961 -3431
MCH
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- -
L:
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AGENDA #11
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Status Report on Joint Planning Issues
DATE: February 23, 1998
On February 9, 1998 the Town Council asked for a status report on Carrboro's proposed
Northern Small Area Plan, and the status of Chapel Hill's Northwest Small Area Plan.
This memorandum discusses the status of an upcoming Joint Public Hearing on April 8, 1998,
and reports on the status of these two Small Area Plans. We suggest options for the Joint Public
Hearing for scheduling review of the two plans.
JOINT PLANNING PROCESS
We recently learned that several application requests have been made for the April 8, 1998 Joint
Planning Public Hearing:
1. Town of Carrboro. Northern Small Area Plan. The Town of Carrboro has submitted two
proposals for consideration (please refer to Attachment 1). First is a request to incorporate
the Northern Small Area Plan into the joint planning land use plan. In addition, Carrboro is
requesting an amendment to the Joint Planning Agreement to delete a reference to the
division of Carrboro's Transition Area into Transition Areas I and II, as well as an
amendment to allow Carrboro to approve a floating conditional use district without seeking
County approval for the zoning portion of a conditional use application. These amendments
require the participation of all three parties of the Joint Planning Agreement. If these
amendments are adopted, Carrboro intends to bring forward a zoning plan at a subsequent
joint planning public hearing involving Carrboro and Orange County. Zoning amendments
require only the approval of the affected urban jurisdiction and the County.
2. American Stone Ouam. On April 14, 1994, the last Joint Planning Public Hearing was held
to consider an application to amend the joint planning land use plan to expand the extractive
use plan category. This action would be the first step in a series of approvals needed which
would ultimately allow the Orange Water and Sewer Authority to use the site as a
supplementary water reservoir when mining activities- would cease around the year 2030.
The amendment to the land use plan- requires the approval of all three parties to the Joint
Planning Agreement _ _ In__August,,:1994,tha Carrboro,_ Board- of- Aldermen asked for a
mediated dispute resolution process. The mediation was held in 1996 -1997, and on October
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12,
29, 1997, Carrboro asked that joint planning be restarted on the application, due to the
completion of the mediation process (please see Attachment 2). Because almost four years
has elapsed since the last hearing, another public hearing is advisable.
3. Application from Ms. Inna Deng_ A citizen is requesting that two properties she owns in the
Rural Buffer on Eubanks Road be transferred to the Chapel Hill Transition Area. Her
properties are located in an area which Chapel Hill's draft Northwest Small Area Plan
recommended be transferred to the Chapel Hill Transition Area. The area is immediately
west of the existing Eubanks Road Landfill and east of the Blackwood Division of Duke
Forest (please see Attachment 3). Staff suggests the entire area be considered, including the
citizen's two tracts.
These proposals all need to be considered at a Joint Public Hearing. Please refer to Attachment 5
for a brief description of the Joint Planning process.
STATUS OF AREA PLANS
Carrboro created a Small Area Planning Work Group in 1992. In 1996, the Work Group
presented a first draft to the Carrboro Board of Aldermen. The Board of Aldermen decided to
sponsor facilitated planning meetings to resolve resident concerns, and these were completed in
May, 1997. The facilitated process included representatives from the Chapel Hill Town
Council. The final draft was accepted by the Carrboro Board of Aldermen on August 19, 1997.
On January 21, 1998, the Town of Carrboro requested consideration of the draft plan at the next
joint planning public hearing, scheduled for April 8, 1998.
In 1993, the Chapel Hill Town Council created the Northwest Small Area Plan Work Group,
which forwarded its draft plan to the Council in December, 1994. The Council held a public
hearing on March 1, 1995, and on June 26, 1995 reviewed comments received. On August 30,
the Council held a work session attended by representatives from Orange County and Carrboro.
On September 11, 1995, the Town Council adopted a resolution inviting Orange County and
Carrboro to hold a joint work session on the Greene Tract and to hold a joint planning public
hearing on October 11, 1995. A public hearing was not held on the plan, but instead work
sessions on the Greene Tract and on the proposed Northwest Small Area Plan were held on
October 11, 1995.
At the conclusion of the last joint planning work session held on October 11, 1995, Chapel Hill,
O.
Carrboro, a,Qrange County elected officials agreed to put the Northwest Small Area Plan on
hold for six ttsaths until the Landfill Owners Group recommended a new landfill site and then
made recommendations on the future use of the Greene tract. A year later, on September 6,
1996, the Town Council asked the Landfill Owners Group to make a recommendation on the
future use of the Greene tract by January 1, 1997, in order that the Northwest Small Area Plan
could be considered at an April, 1997 public hearing.
On January 27, 1997, the Council received a report from Richard Franck as Chair of the Landfill
Owners Group concerning its resolution on the Greene tract (please see Attachment 4). This
13
resolution requested that no action be taken on those parts of the Plan which pertain to the
Greene tract, and that the Council consider options that reflect both the possibility that OC -17
will be used for solid waste activity and the possibility that it will not. The resolution also
suggested that a task force be formed to study the Greene tract.
No further actions have taken place since that report to the Council.
SCHEDULING OPTIONS
In reviewing the number and types of applications, we believe that it would be difficult for the
three governing boards to consider all these items in one public hearing night. We suggest that
possible options include:
1. Review all items on the same night - April S. We note that it is unlikely that the
agenda would be completed in one night, and a second night would probably be
necessary for a continuation of the hearing.
2. Split the items to be heard into two parts: schedule the American Stone application
and the application of Ms. Inns Deng together for one night; and have a separate
hearing for the package of Carrboro requests, on another date to be determined.
We recommend that the Council suggest that the Orange County Commissioners set a separate
hearing date for the Carrboro requests, possibly in June, 1998.
The Orange County Board of Commissioners is scheduled to approve the public hearing notice
for this April 8 Public Hearing on Tuesday, March 3, 1998. Should the Chapel Hill Town
Council have comments on the process, it would be desirable to transmit them to the County for
inclusion in the agenda for that meeting.
NEXT STEPS
At its last meeting, the Council discussed the possibility that the Carrboro Northern Small Area
Plan and the Chapel Hill Northwest Small Area Plan might best be considered in tandem at a
Joint Public Hearing, since the two plans are for adjacent areas. The areas adjoin each other
along Rogers Road (please refer to map in Attachment 3). We agree that issues concerning road
connections, greenways, park land, and future land uses might benefit from consideration of both
plans side -by -side.
Given that it does not seem reasonable to schedule all the joint planning requests on the same
night, we suggest that the Council recommend to Carrboro and Orange County that an additional
date for the spring Joint Planning Hearings be set in June, 1998; and that at that time, the three
jurisdictions consider both the Carrboro Northern Small Area -Plan and the Chapel Hill
Northwest Small Area Plan.
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14 .
The Council may also wish to consider reviewing the draft Northwest Small Area Plan prior to
this Joint Public Hearing.
RECOMN ENDATION
We recommend that the Council adopt the two attached resolutions concerning the upcoming
Joint Public Hearing and the status of Chapel Hill's Northwest Small Area Plan.
Resolution A would request that Orange County and Carrboro agree to schedule an additional
Joint Public Hearing date in June, 1998, and agree to split the April 8 public hearing items into
two groups, considering the American Stone application and the application of Ms. Inna Deng on
April 8; and considering the Carrboro requests on the second hearing in June, 1998.
Resolution B would request that Orange County and Carrboro agree to schedule consideration of
the Carrboro Northern Small Area Plan and the Chapel Hill Northwest Small Area Plan together
at the second hearing date in June, 1998.
ATTACHMENTS
1. Letter of January 21, 1998 from Robert Morgan, Carrboro Town Manager (p. 7)
2. Letter of October 29, 1997 from Roy Williford, Carrboro Planning Director (p. 11)
3. Area Map (p. 12)
4. Council Memorandum of January 27, 1997 (p. 13)
5. Description of Joint Planning Process (p. 28)
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RESOLUTION A
A RESOLUTION REQUESTING AN ADDITIONAL JOINT PLANNING HEARING
DATE (9 8-2 -2318 10a)
WHEREAS, the Council of the Town of Chapel Hill is a partner with Orange County and
Carrboro in the Joint Planning Agreement which established a coordinated and comprehensive
system of planning in the rural buffer and transition areas;
WHEREAS, the Council has considered the list of requests for the upcoming April 8, 1998 Joint
Public Hearing and noted that more than one hearing night is desirable to deal with all the
requests in a manner to allow for full citizen comment and debate;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council requests that the Orange County Board of Commissioners and the Carrboro Board of
Aldermen agree to establish an additional spring Joint Public Hearing date in June, 1998, at
which time the Carrboro joint planning requests would be considered.
This the 23' day of February, 1998.
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RESOLUTION B
A RESOLUTION REQUESTING JOINT CONSIDERATION OF THE CARRBORO
NORTHERN SMALL AREA PLAN AND THE CHAPEL HILL NORTHWEST SMALL
AREA PLAN (98- 2- 23/R -10b)
WHEREAS, in 1993 the Council established a work group for the Northwest Area and charged it
with developing a Small Area Plan for the Council's consideration; and
WHEREAS, on October 11, 1995 the Chapel Hill Town Council, the Carrboro Board of
Aldermen and the Orange County Board of Commissioners held a Joint Planning Area work
session and concluded that the Northwest Small Area Plan should be put on hold for six months
until the Landfill Owners Group recommended a new landfill site and then made
recommendations on the future use of the Greene tract; and
WHEREAS, the Council believes it would be beneficial to consider the Carrboro Northern Small
Area Plan and the Chapel Hill Northwest Small Area Plan together so that issues related to
transportation, recreation, and future land uses might be considered in tandem;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council requests the Orange County Board of Commissioners and the Carrboro Board of
Aldermen to agree to considering the Carrboro Northern Small Area Plan and the Chapel Hill
Northwest Small Area Plan together at an additional spring Joint Public Hearing date in June,
1998.
This the 23'd day of February, 1998.
John Link
County Manager
Orange County
PO Box 8181
Hillsborough, NC 27278
Dear Mr. Link:
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TOWN OF CARRBORO ATTACHMENT)
NORTH CAROLINA
January 21, 1998
RE: JOINT PLANNING
Last night, the Carrboro Board of Aldermen discussed Joint Planning Amendments needed to
implement the "Facilitated Small Area Plan for Carrboro's Northern Study Area" (enclosed). The
amendments requiring action by Chapel Hill, Carrboro, and Orange County are described in the
two attached resolutions entitled "Joint Planning Agreement Amendment" and "Resolution
Amending the Joint Planning Area Land Use Plan ".
The first resolution basically requests an amendment to the "JPA Agreement" to delete the
reference to the division of Carrboro's Transition Area into transition area I and H and provides a
process to allow Carrboro to approve a floating conditional use district under the ordinance
administration provisions of the "JPA Agreement ". The second resolution amends the JPA Land
Use Plan by incorporating the "Facilitated Small Area Plan for Carrboro's Northern Study Area"
by reference into the JPA Land Use Plan. The second resolution also amends the JPA Land Use
Plan by removing references to the Transition Area II.
As a result of their discussion the Carrboro Board of Aldermen voted to endorse the attached
resolutions and requested that Orange County process the amendments for the April 8, 1998 joint
public hearing as provided for in the resolutions.
Thank you for your consideration of the Carrboro Board of Aldermen's request.
Sincerely,
/Robert W. Morgan Manager
cc: Cal Horton, Chapel Hill Town Manager
Gene Bell, Acting Orange County Planning Director
30/ WEST MAIN STREET. CARRRORO. NC 27010 • (0191 942.0541 • FAX 19191 940.7737 • TOD 19191 049.7717
AN CQUAL OPPORTUNITY EMPLOYER
7.
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 II 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 AreL) 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 tamer uhless and until an ordinance approving such zoning map amendment has been
approved bo b 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 111998.
.... ... �.... Y... .. _ - _
18
0
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
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 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, 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 engird first paragraph at the top of the page, which begins with "The portion of the
Transition Area...." and includes numbered subparagraphs 1 through S. (The deleted language
divides Carrboro's Transition Area .into Transition Area I and Transition Area II and prohibits
the density of Transition Area II from exceeding one unit per acre until at least 75% of the area
- -thin Trwisition. Area I meets certain dcv--lopmentai thicsholds).
- _-
T. �Y
19
0
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.
20
i
Gl
TOWN OF CARRBORO
Marvin Collins, AICP
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
Dear Mr. Collins
NORTH CAROLINA
October 29, 1997
21
ATTACHN ENT 2
Re: Citizen's Request for
Notification
The Carrboro Board of Aldermen on October 21, 1997 directed that I request Chapel Hill and
Orange County to conduct a Joint Planning Public Hearing sometime before the end of this
Winter for the purpose of considering the application from the American Stone Quarry and
OWASA to amend the JPA Land Use Plan to provide for the expansion of the extractive use
designation. I am requesting your assistance as lead agency for the Joint Planning Agreement, in
the coordination and setting of a joint public hearing to consider this amendment before the end
of this winter. I will be more than happy to meet with you and Roger Waldon to discuss and
coordinate this hearing. Thank You.
Sincerel
/ !-7
iv
Roy ;:;!�illifbrd, AICP_
Planning Director
cc: Roger Waldon
Edriuiland -
Robert W. Morgan
P O 8OX 629 - 301 WEST MAIN STREET. CARRSORO. NC 27910 - 19191 942 85LI - PAX 19191 968.7737 - TOO 1919► 968.7717
AN EQUAL OPPORTUNITY EMPLOYER
Attachme�L nt'2
RURAL BUFFER
RURAL BUFFER
UNIVERSITY LAKE
WATERSHED
AREA RECOMMENDED TO BE TRANSFERRED FROM THE
RURAL BUFFER TO THE CHAPEL HILL TRANSITION AREA
,}
N
AREA RECOMMENDED TO BE TRANSFERRED FROM THE
RURAL BUFFER TO THE CHAPEL HILL TRANSITION AREA
23
r 3 ATTACHMENT 4
AGENDA # 10
MEMORANDUM
TO: Mayor and Town Council
FROM Richard Franck, Landfill Owners Group Chairman
SUBJECT: Landfill Owners Group Resolution on the Greene Tract
DATE: January 13, 1997
RESUBMITTED: January 27,1997
The attached resolution regarding the Greene tract and the Northwest Small Area Plan was adopted by
the Landfill Owners Group at their November 21 meeting (Attachment 1).
Backgud
Development of the Northwest Small Area Plan has occurred over the last several years. Attachment 2,
a Town Council September 1996 agenda item on the Northwest Small Area Plan, provides a detailed
history of the planning process. The Plan was first referred to the Landfill Owners Group from the
Joint Planning Area Work Session held on October 11, 1995. At the joint planning area work session,
the governments agreed to put the Plan on hold for six months until the Landfill Owners Group
selected a new Iandfill site and made recommendations regarding future use of the Greene tract. In
September, 1996, the Council passed a resolution requesting that the Owners Group make a
recommendation regarding the firture use of the Greene tract so that the Northwest Small Area Plan
could be considered at the April 1997 Joint Planning Area Public Hearing. The attached resolution is
the Owners Group response to this request.
Because most of the Northwest Small Area is in the Joint Planning Area, joint action is needed by
Chapel Sill, Carrboro and Orange County in order to adopt a new land use plan for the area This joint
action would require inclusion of the Plan at a Joint Planning Area Public Hearing which are held in
April and October each year After the hearing, each governing board would have to adopt the plan.
Tie Greene tract is 169 acre of land located in the Chapel Hill planning jurisdiction and is in the
Northwest Small Area Plan Study Area It is currently zoned RT (Rural Transition). The tract was
jointly purchased in 1984 by Chapel mill (43 %), Carrboro (14 %), and Orange County (43 1%). The
purchase price was 53,600 per ace or $608, 400. At the time of purchase it was assumed that the
property would serve as the next landfill for Orange County, however, anent federal and state
regulations melm the site unsuitable for use as a landfill.
Discussion
In discussing potential firture uses for the Greene tract, the Landfill Owners Group could not agree on
a single use Rather a wide variety of uses were mentioned including using the land for a park, as open
space, low - income housing, an employment campus or selling the land to finance firture landfill
24
2a
activities. The Landfill Owners Group resolution does not recommend a future use for the Greene
tract rather it requests the Council to move forward with the Northwest Small Area Plan holding fi=n
use of the Greene tract until further notice.
Additionallg the resolution recommends the formation of two groups: a task force to further study the
Greene tract and a group to set community needs and goals for the use of the trace.
The Orange County Board of Commissioners has not yet scheduled consideration of the Owners
Group resolution. The Carrboro Board of Aldermen discussed the resolution at their January 8
meeting and adopted the attached resolution (Attachment 3) which is essentially the same as that
adopted by the Landfill Owners Group.
Recommendation: That the Council consider the Landfill Owners Group resolution and determine
what if any actions it wishes to take regarding their recommendations. .
I. Landfill Owners Group Resolution (p. 3)
2. Agenda Item from September 9, 1996 (begin new p. 1)
3. Town of Carrboro Resolution Relating to Use of Greene Tract dated January 7, 1997 (p. 12)
25
3
(5
Landrdl Owners Group Resolution
Be it resolved that the Landfill Owners Group recommends that the Chapel Bill Town Council
move forward with consideration of the Northwest Small Area Plan provided that until further
notice the Landfill Owners Group is considering a variety of possible uses for the Greene Tract,
and therefore, requests that no action be taken on those parts of the Plan which pertain to the
Greene Tract and that the Council consider options reflecting both the possibility that OC -17 will
be used for solid waste activity and the possibility that it will not.
Be it further resolved that the Landfill Owners Group recommends that Chapel FEII, Carrboro,
and Orange County form a task force to do a detailed study of the Greene Tract, gathering
information about the natural area, including, but not limited to, topography, wetlands, significant
trees, best area(s) for wildlife corridor, environmentally sensitive areas, most buildable area(s),
etc. This task force would include people knowledgeable about such subjects and would use
information gathered for the Northwest Small Area Plan.
Be it fiwther resolved that another group be formed to set community needs, both now and
possibly in the fimire, and goals for use of that land with public input.
This the 21 st day of November, 1996
26
9 AGE4DA #10
MEMORANDUM
TO: Mayor and Town Council
FROM W. Calvin Horton, Town Manager
SUBJECT: Update on the Northwest Small Area Plan
DATE: September 9,1996
We provide the following information to update the Council on the status of the proposed
Northwest Small Area Plan. On August 26, 1996, the Council asked for an update before the
September 30, 1996 Assembly of Governments Meeting.
We note that because the majority of the Northwest Small Area is in the Joint Planning Area, joint
action is needed by Chapel Elill, Cxrboro and Orange County in order to adopt a new land use
plan for this area. On October 11, 1995, the Chapel EM Town Council, the Cxrboro Board of
Mamen and the Osage County Board of Coazmissioners jointly criscu the Plan and decided
that it should be put on bold for six months until the Iamdfill Owners Group 1 P L- n annended a new
landfill site and then made recommendations on the firture use of the Greene tract
The attached resolution would request the the Landfill Owners Group nuke a recommendation
regarding the future use of the Greene tract by January 1, 1997, permitting the Council to request
that the Northwest Small Area Plan be considered at an April, 1997 Joint Planning Area Public
Hearing.
The Small Area Plan for the Northwest Area represents a long range plan for the preservation and
development of the land Senaally south of Interstate 40, inducting a strip of land north of Weaver
Dairy Road, the land wen of Airport Road (N C. 90, and the land north of the University of
North CaroWs Ekwace Williams tract and Homestead Road. The study area is genenmy
bounded to the win by Rogers Road and the Rural Buffer (please see attached MAP 1-3).
Apprommateltaiw4hird ofthe study am is within the Town of Chapel Hill's corporate limits.
The remaining tw*4M of the so* area is outside of the Chapel HM corporate limits Most of
this area is irt33r Ctsipd HiII Jaat Planting Tnmsition Aura, which is jointly planned with Orange
County
2 @ 27.
On January 25, 1993, the Council initiated a small area plam;ng process for the Northwest Are
of Chapel HE The Northwest Small Arm Plan Work Group met monthly from May 18, 199
until: December 20, 1994. On December 20, 1994, the Work Group unanimously recommende,
the Northwest Small Area Plan to the Council as a proposed addition to the Town'
Comprehensive Plan.
On January 23, 1995, the Council called a public hearing and referred the recommended smaL
area plan to advisory boards for review. On March 1, 1995, the Council held a public hearing on
the recommended plea. On June 26, 1995, the Council reviewed all of the comments that had
been received on the recommended Northwest Small Area Plan, and held a work session an
August 30, 1995. Following the work session on August 30, the Chapel Hill Town Council
scheduled a Jong Plwinmg Area work session on the Greene Tract and on the draft Northwest
Small Area Pin in October, 1995.
On October 11, 1995, the Chapel EEM Town CMMA the Curboro Board of Aldermen and the
Orange County Board of Commissioners jointly discussed the fixture use of the Greene tract and
concluded that the Northwest Small Area Plan should be put on hold for six months until the
Landfill Owners Group, bas recommended anew landim site and then made recommendations on
the fitture use of the Greene tact. (For additional background, please see Appendix "A.")
Presently, the Lmuffill Owners Group his recommended site 17 as the next landfill sue, bur*
not discussed the finure use of the Greene tract. I
IfFM 7-71-WrM I
During the Chapel H Northwest Small Area Plan Work Group's planning process, the Town of
Carrboro has also been conducting an ongoing Small Area Planning Process for Ca'rrboro's
northern growth area Chapel Hill's northwest study area is adjacent to Caffboro's northern
growth area, and both study areas are located in each respective jurisdiction's joint planning
transition areas.
The Chapel Hiff Northwest Small Area Plan Work Group coordinated with the Town of
Can b"O's Small Area Plan Work Group and held joint meetmp m January and October of 1994.
As Prevwudy mendonW the Northwest Small Area Plan Work Group ruxormaended a Plan to
the Town Caund an December 20, 1994. The Caffbaro Small Area Planning Work Group
submiWgJa draft plan to the Caffboro Board of Aldermen on September 12, 1995.
On FdkuW 19K the CaTbcwO Board of Aldermen held a public hewing on the proposed
CWrb0r0 Northern Small, Arm Plan- Based On citizen 00amum at the public hearing the Board
of Aldermen decided thst facilitation was the ben VOM to come to a consensus between the
Town's need to plan for this area and the concerns of area residents.
The Board- of Aldermen thew established a steering committee to deummine how the small am
plann4f2cilit3tim PrWM Shim-111 be conducted. A total of 27 people were appointed to --
28
3 )g
steering committee for the small area planning study area, including three representatives from the
Carrboro Board of Aldermen, two representatives from the Chapel Hill Town Council (Council
Members Julie Andresen and Pat Evans), and two zgxesentatives from the Orange County Board
of Commissioners.
The steering committee began meeting on July 8, 19%, and is currently developing goals and
objectives and a proposed timeline for the proposed facilitation process. The steering committee
is presently scheduled to report back to the Board of Aldermen in September, 19%. The Dispute
Settlement Center is under contract with the Town of Carrboro to conduce the facilitation
process.
In 1986, the Town Cousicil adopted a Land Use Plan for the Town of Chapel HE In 1989, the
Town Council adopted a Comprehensive Plan for Chapel mil. At this time, the Council noted
that there were three largdy undeveloped arras (south, northwest and northeast) that deserved
additional "small area planning," The Council befieved that than Ju8e, undeveloped area would
benefit from studies that could provide a finer grain of thought and anakysis regarding the types of
land uses that would be most appropriate for these areas, The Council also believed that it would
be desirable for these small arts planning processes to precede development in these undeveloped
areas.
Shortly after adopting the 1989 Comprehensive Plan, the Council anti ted a small area planning
process for the land south of Morgan Creek This planning process was completed when the
Southern Small Area Plan was adopted in June of 1992. The Southern Small Area Plan has since
been used to help evaluate the Southern Village development applications and other subdivision
applications in the southern arts.
Noting the benefits of small area planning in the southern area, on January 25, 1993, the Council
initiated a small area planning process for the largely undeveloped area northwest of Chapel Hill.
At this time, we believe that the need for small area planning in the Northwest Area is of
increasing importance • The Town's casting Land Use Plan is ten years old and does not provide
up-to-date guidance an present land use issues in the Northwest Area. We believe that there are
good ideas in the proposed Northwest Small Area Plan. Furthermore, the Northwest Small Area
Plan was developedd by a very inclusive and intensive citizen process over a twenty -month
pig procesL Developnneat activity is taking place in the Northwest Area, and there is a
need fdr a artttnt, up-to -date policy framework
In summar% the need continues to exist for additional plannin g in the Northwest Small Area.
Development applications have beers submitted for properties within and adjoining the study area.
An adopted Northwest Snag Area Plan would be tinily as additional development applications
in this Ara are stbmitU4 saving to provide guidance to developers-and reduce the uncertainties
of property owners.
29
4 1Q
Because the majority of the Northwest Small Area is in the Joins Pluming Area, joint action t
Chapel Hill, Carrboro aid Orange County is needed in order to adopt a new land use plan. Th
key next step in the consideration of the draft Northwest Small Area Plan will be a Joint Plannm
Public Hyring.
We note the Billowing options for the Council's wasidaation, regarding the future of tit
proposed Northwest Small Men Plan:
• No Action: Take no action, and wait until the Landfill Owners Groin makes a
recommendation regarding the fimre use of the Grieme tract.
• Request Action by Landfill Owners Grob: On October 11, 1995, at a Joint Planning Area
Work Session, it was noted that the Northwest Small Men Plan should be put on hold for sac
months until the LaadSII Owners Group has recommended a new IaadfiH site and then made
aco mdadons on the figure use of the Greene tract. Since this meeting, the LndfiII
Owners Group has recommended a new I site, but has not made reconmiendsmons
s the Greene tract Noting that the = -moth response time has passed, the Council
or the Assmnbiy of Governments may choose to request that the I.:adfiII Owners Group make
a reCOUt eadation regarding the Greene tract, perhaps by January 1, 1997. This time frame
would permit the Northwest Small Area Plan to be considered at an Apst 1997 Joint
Planning Area Public Hearing.
• Request Joint Planning Area Public Hearing. Given the tmdetcmined future of the Gr,
tract, the Council could make an assumption rwiing the future use of the Greene tract
(Put, age tea, others and request that the County. all a Joint Planning Ara Public
Hearing on the Northwest Small Area Plm. This joint hewing could be held in October, 1996
or April; 1997.
• Aneoiat a Work Gruen: The Council could recoun end the of a Joint Planning
Work Group, converting of 2 -3 representatives from each jurisdiction (Chapel HA Carrboro
and Orange County). This work group could then develop a recommendation, regarding the
fin m use of the Greene tract Once such a Taco =enclation w=h=xporatW into the
proposed Northwest Small Area Plan, then a Joint Planning Area Pubfic Elearing could be
ducted
That the Council request that the Landfill Owners Group make a
rec a" M 0 a 4 , regarding the fim m use of the Greene tract by January 1, 1997, panting the
Council to request that the Northwest Small Area Plan be considered at an April, 1997 Joint
Pluming Aran Public Hearing.
30
Jt2ChMEMj-
1. Appendix 'A' - Development of the Proposed 0994 RM NMtbrv,= Small Area Plan
Z. Map 1- N"&West Sma Area Pisa, Study Area
I MAP 2 - Nortbv,= SnmB Area Plm Swificut Propaties - Public and Institutional
4. Map 3 - Northwest Small Area PLv% Cmcq=W Land Use Plan
(0 31
A RESOLUTION REQUESTING THAT THE LANDFILL OWNERS GROUP MAKE A
RECOMMENDATION ON THE FUTURE USE OF THE GREENE TRACT BY JANUARY 1.
1997 (96-9-I0/R-12)
WHEREAS, it is the Town Council's role to comprehensively plan for the Town and its future
growth areas; and
WHEREAS, in 1999, the Council adopted a Comprehensive Plan for the Town of Chapel Hill
and selected three smaller areas for further study; and
WHEREAS, on January 25, 1993, the Council established the Northwest Small Area Plan Work
Group and charged it with the role of developing a Small Area Plan for the Council's
consideradon; and
WHEREAS, on December 20, 1994, the Northwest Small Area Plan Work Group recommended
a Northwest Small Area Plan for the Council's consideration; and
WHEREAS, on March 1, 1995, the Council held a public hearing on the Recommended Plan,
and
WHEREAS, on August 30, 1995, the Council held a wo& session on the recommended North-
west Small Area Plan with representatives from C=bom and Orange County; and
WHEREAS, on October 11, 1995, the Chapel Hill Town Council, the Carrboro Board of
Aldermen and the Orange County Board of Co ' ierioners held a joint planning area work
session and concluded that the Northwest Small Area Plan should be put on hold for six months
until the Landfill Owners Group has recommended a new landfill site and then made
recommendations on the future use of the Greene tract; and
WHEREAS, the Landfill Owners Group has recommended a new landfill site and the Northwest
Small Area Plar 1-ns be--= on hold for eleven months; and
W. '=REAS, the Greene Tract is jointly owned by the Town of Chapel M Orange County and
the Town of Cantoro;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Ell that the
Council requests that the Landfill Owners Group make a recommendation regarding the fiCure
use. of the Greene tract by November 1, 19%, permitting the Council to request that the
Northwest Sua Arm Plan be considered at an April, 1997 Joint Planning Area Public Hearing.
This the 10th day of Scpt=ber. 19%.
January 25, 1993
May 18. 1993
June 15, 1993
Judy 20, 1993
August 24, 1993
a
APPENDIX 'A'
Development of the Proposed Chapel EO
Northwest SmaH Area Plan
Town Council initiated suMn area planning process for tb,e Northwest
Area of Chapel Hill.
Northwest Small Area Plan (NWAP) Work Group. held fit monthly
Wig.
Moodily mewing - NWAP Work Group.
Monthly meeting - NWAP Work Group
Moodily nxedag - NWAP Work Group.
September 21, 1993 NWAP Wade Group held fast Neighborhood Meeting.
September 28, 1993 Moodily meeting - NWAP Work Group.
October 19, 1993 Monthly meeting - NWAP Work Group.
November S. 1993 NWAP Work Group submwed a Progress Report to the Town Council.
November 16, 1993 Monthly meeting - NWAP Work Group.
December 7, 1993 Monthly meeting - NWAP Work Group.
January 18, 1994 Monthly meeting - NWAP Work Group.
February 15, 1994 Monthly meeting - NWAP Work Group.
February Z, 1994 NWAP Work Group held second Neighborhood Meeting.
March 15. 1994 Moodily meeting - NWAP Work Group.
April 19, 1994 Monthly meeting - NWAP Work Group.
April 26, 1994 NWAP Work Group conducts a joint meeting with the Carrboro Small
As= Pim Work Group. UNC- Chapel Hill Student Workshop Class
presents a ns- Oricmed Dcvelreport at opmmt.
May 10, 1994 * ` Mooft meeting - NWAP Work Group.
June 21. 1994 Moodily meeting - NWAP work Group.
July S. 1995 NWAP Work Group submimd a Progress Report to the Town Coumcal.
July 19. 1994 Moodily meeting - NWAP Work Group.
August 30. 1994 Moodily meeting - NWAP Work Group.
September 20. 1994 Moodily meeting - NWAP Work Group.
32
October 11, 1945 Chapel Hill Town Council, Carrboro Board of Alderman and the Orange
County Board of Commissioners jointly discussed the fate of the Greene
tract and concluded that the Northwest Small Area Plan should be put on
hold for six months until the Landfill Owners Group has recommended a
new landfill site and they made recor mendations on the future use of the
August 26. 1996 Town Council requested update on status of Northwest Small Area Plam
September 9, 1996 Town Council receives update on the Northwest Small Area Plan.
Z3 33
October 6, 1994
NWAP Work Group held third Neighborhood Meeting.
October 18, 1994
NWAP conducts a joint meeting with the Carrboro Small Area Plan
Work Group.
November 15, 1994
Monthly meeting - NWAP Work Group.
December 20, 1994
Northwest Small Area Plan Work Group unanimously recommended the
Northwest Small Area Plan to the Town Council as a proposed addition
to the Town's Comprelxnsive Plan.
January 23, 1995
Town Council adopted a resolution calling a public hearing and referring
the recommended small area plan to five advisory boards for review.
March 1, 1995
Town Council held a public bearing on the recommended plan.
June 26, 1995
Town Council reviewed all of the comnu= that had been received on
the recommended Northwest Small Area Plan, and scheduled a work
session on August 30, 1995.
August 30, 1495
Town Council, reprves from the Orange County Board of
C s and a representative from the Carrboro Board of
Aldermen discussed several key issues regarding the Plan.
September 11, 1995
Town Council adopted a resolution inviting Orange County and the
Town of Carrboro to attend a Wort Session on the Greene Tract to be
followed by a Joint Planning Area Public Hearing on the Northwest
Small Area Plan on October 11, 1995.
September 21, 1995
Orange County Board of Commissioners received the Town Council's
resolution (4111/95). The . ssioners agreed to the wort session on
the Greene Tract and requested that, in lieu of the public hearing, a
second work session be conducted on the same evening regarding the
Draft Northwest Small Area Plan with and without site "OC -17" as the
new landfill.
September 27, 1995
Town Council concurred with Orange County's request and adopted a
resolution mvttng the Orange County Hoard of Commissioners and the
Town of Carrboro Board of Aldermen to joint work sessions on October
11, 1995.
October 11, 1945 Chapel Hill Town Council, Carrboro Board of Alderman and the Orange
County Board of Commissioners jointly discussed the fate of the Greene
tract and concluded that the Northwest Small Area Plan should be put on
hold for six months until the Landfill Owners Group has recommended a
new landfill site and they made recor mendations on the future use of the
August 26. 1996 Town Council requested update on status of Northwest Small Area Plam
September 9, 1996 Town Council receives update on the Northwest Small Area Plan.
0
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The following resohition was introduced by Aldc=n Jacquelyn Gist and duly seconded
by Alderman Alec Zaffron.
A RESOLUTION RELATING TO USE OF THE GREENE TRACT'
Resolution No. 33196 -97
BE IT RESOLVED the Carrboro Board of Aldermen recommends that the Chapel
Hill Town Council move forward with eansideration of the Northwest Small Area Plan
provided that until further notice the LjmM Owners Group is considering a variety of
possible uses for the Greene Tract, and thwidbre, requests that no action be taken on
those parts of the Pin which pertain to the Greene Tract W that the Council consider
options refiecthm both the possilility that OC•17 will be used for solid waste activity and
the possibihsty that it will not
BE 1T FURTHER RESOLVED that the Carrboro Board of Aldermen
recommends that Chapel RX Carrboro and Orange County farm a task force to do a
daWled study of the Gram Tract, Satbaing information about the nantral area, including,
but not HmMW to. topography, wetlands, significant trees, best area(:) for wildlife
cmiidorq -imwuu—cmmwauy —'r areas, most buildable area(s), etc. This task force
would include pea* itnowledgeable about such subjects and would use mformation
gathered for the Northwest Small Arei Plan.
BE IT FURTHM RESOLVED that another group be formed to set conum unity
needs, both now and possibly in the future, and goals for use of that land with public
input.
The foregoing resolution. having been submitted to a vote, received the following vote
and was duly adopted this 7th day of January. 1997:
Ayes: Alex Zjffron. HM=rd Caldwell, Diana McDuffee. Jacquelyn Gist, Jay Bryan
Noes: Hank Anderson, Michad Nelson
Absent: or Excused: None
37
9 ATTACHMENT 5 38
JOINT PLANNING PROCESS
The Joint Planning Agreement was adopted by the Chapel Hill Town Council and the Orange
County Board of Commissioners on October 13, 1986. In November, 1987, the Town of
Carrboro joined Chapel Hill and the County as a party to the Joint Planning Agreement. The
Agreement sets a framework for collaborative management of development in areas outside but
near the corporate limits of Chapel Hill and Carrboro. A Joint Planning Area Land Use Plan
was adopted by the three governing boards in 1986 and 1987.
A key concept of the Joint Planning Agreement and Land Use Plan is establishment of Urban
Services Areas: those areas either inside corporate limits or expected to be annexed in the future.
Transition Areas are those outside the existing corporate limits of Chapel Hill and Carrboro now,
but expected at some time in the future to be annexed by one of the two municipalities. Beyond
the Urban Services Areas is a Rural Buffer, wherein it is expected that annexation will not occur
at any time.
All amendments to the Joint Planning Area Land Use Plan (both in Transition Areas and in the
Rural Buffer) need to be agreed to by all three parties - - County, Chapel Hill, and Carrboro. For
zoning changes, the Agreement is set up such that the County unilaterally makes zoning
decisions in the Rural Buffer. In the Transition Areas, zoning decisions are two -party decisions:
on the Chapel Hill side of a jointly agreed -upon Chapel Hill - Carrboro boundary, the County and
the Town of Chapel Hill jointly agree on zoning actions. (Same set -up with Carrboro on the
Carrboro side of the line).
Administration of regulations (eg., evaluating, approving, and issuing permits) is done
unilaterally throughout the Joint Planning Area: by the County for the Rural Buffer, by Chapel
Hill for the Chapel Hill Transition Area, and by Carrboro for the Carrboro Transition Area.
Joint Public Hearings are normally scheduled two times per year: once in April, and again in
October. Applications or proposals needing approval through the Joint Planning process are
submitted to the County, and final agendas for Joint Planning Public Hearings are set by the
County Commissioners when they approve publication of required legal notices.
Orange County Commissioners
P. O. Box 8181
200 S Cameron Street
HiRsborough, NC 2 72 78
VdHe r L Carowdro, Chair Esmblirked 1752
S&Whm H. Ham, Vw CLdiF
Mare Cory, Jr.
A1fa.K Gordan
Marmot W. Brow"
November 5, 1997
0
The Honorable Rosemary L. Waldorf
Mayor, Town of Chapel Hill
306 N. Columbia Street
Chapel Hill, NC 27516
Dear Rosemary:
Last evening the Board of Commissioners considered the attached amendment to
the Joint Planning Agreement which would provide for development moratoria in the
Joint Planning Area. The amendment would 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. The Board of
Commissioners asks that you and the Chapel Hill Town Council consider the inclusion of
this ordinance for the April 8, 1998 Joint Planning Public Hearing.
Thank you for your consideration. We look forward to your positive reply.
Sincerely,
q� gk�� L. ��C
• William L. Crowther
Chair
Attachment -
You Count In Orange County
AREA CODE (919) 732 -8181: 968 -4501: 688 -7331: 227 -2031: FAX (919) 644 -3004
End 2130
39
M,
Orange County Commissioners
P. O. Box 8181
200 S Cameron Street
Hillsborough, NC 2 72 78
Vdfient L Gowe I C hd& Esmbli ka 1752
SAWN- R. g &WW* Vice Cbei
Motet Co+ey; ./i
Alice K !ie►rew
Mm"rt W. Brown
November 5, 1997
The Honorable Mike Nelson
Mayor, Town of Carrboro
301 W. Main Street - PO Box 829
Carrboro, NC 27510
Dear Mike:
The Board of Commissioners wishes to commend you and the Carrboro Board of
Aldermen for the joint mediation process that produced a positive outcome for the
Northern Study Area
Last evening the Board considered the attached amendment to the Joint Planning
Agreement which would provide for development moratoria in the Joint Planning Area .
The amendment would 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. The Board of Commissioners asks that you
and the Carrboro Board of Aldermen consider the inclusion of this ordinance for the
April 8, 1998 Joint Planning Public Hearing.
Thank you for your consideration. We look forward to your positive reply.
Sincerely,
g1117�A �•
William L. Crowther
Chair
You Count In Orange County
AREA CODE (919) 732 -8181: 968 -4501: 688 -7331 : 227 -2031: FAX (919) 644 -3004
ELt 2130
40
41
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
42
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
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development regulations as contained in 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.
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