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HomeMy WebLinkAboutMinutes - 19880822 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING AUGUST 22, 1988 The Orange County $oard of Commissioners met on August 22, 1988 at 7:00 in Superior Courtroom, Hillsborough, North Carolina, to continue several items from the August 16th meeting. COUNTY COMMISSIONERS PRESENT: Vice-Chair Moses Carey, Jr., and Commissioners Stephen Halkiotis, John Hartwell and Don Willhoit. COUNTY COMMISSIONER ABSENT: Chair Shirley Marshall. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Assistant County Manager Albert Kittrell, Clerk to the Board Beverly A, Blythe, Administrative Assistant Joanna Bradshaw, Planners Gene Bell, Emily Crudup, Brad Tongan and Mary Scearbo. REPORT ON THE ALTERNATIVE WASTEWATER TREATMENT STUDY (A copy of the Study is in the Commissioner's Library) This report was listed on the August 16, 1988 agenda and .continued to August 22, 19$8 agenda, The report was given by Don Cordell, engineer with Hazen and Sawyer. His comments are presented in detail below. Mr, Gordell briefly reviewed the background and the scope of the study, The purpose of the study was to review the operating history and performance of alternative wastewater treatment systems with potential application in Orange County, The study was to consider alternative institutional arrangements or public policies that could be implemented by the County to insure a greater reliability in the design, construction and operation of such alternative wastewater systems. For the purposes of the study, the definition of alternative wastewater treatment system consists of three types: (1) conventional package wastewater treatment plant that discharges to a natural water course - this is the one most people are familiar with, (2) land application of treated wastewater and (3) low-pressure injection of wastewater into the soils. The conventional package treatment plant is a premanufactuzed unit that normally consists of all the components contained in larger more complex municipal treatment systems. The package plant removes contaminates from the wastewater through the same process as used in the larger built-in-place plants. Since it does require a discharge to surface water, the capacity of the receiving stream must be considered in siting that type of unit, The second system would be the low pressure ground absorption system, It is a variation of the conventional septic system. Effluent from the septic tank, as opposed to flowing by gravity into a nitrification field, is pumped to some other location where there may be a larger storage tank and from that tank it is pumped under low pressure into the nitrification field, The third system is land application treated wastewater which normally involves a treatment plant of some description either a package treatment plant or a lagoon type system. The treated effluent from those types of plants are sprayed on the land using an irrigation system that is commonly used in agricultural type activities. Locally, the largest such example of land application would be the new treatment facility for the town of Garner, It has the capacity of 4MGD and that is ~- based on treatment plant lagoons with a land application of some 400 acres of distribution ar fields. There are two primary regulatory agencies involved. One agency has a larger role than the other--the North Carolina Division of Environmental Management. They permit construction of all package treatment .-.--~ plants, discharge to surface water, land application treatment plants and most low ~~ pressure injection systems. Low pressure injection systems which are privately owned and do not treat processed water - for instance industrial waste-are ' regulated by the Division of Health Services. Both DEM and DHS have adopted minimum design criteria and other regulations that control the design, construction and operation of the alternative systems. The North Carolina Utility Commission also has a role because many of these facilities are operated by investor owned utility companies licensed under the Utilities Commission. Again, operation by developers or other private entities who do not charge for the service, as well as, Homeowners Association are nat subject to the regulations of the Utility Commission. A major part of the study was the case history review. In summary, eighteen different facilities were looked at in Wake, Durham, Orange and Chatham ~ Counties. Facilities were viewed in this immediate geographic area because at ` least in two of the three systems soil characteristics play a very important role in the. successful performance of the system. Five package treatment plants were looked at, three land application systems and five low pressure injection systems. Cordell then summarized the conclusions and recommendations of the Study. Anticipated growth in Orange County is likely to place increasing demands on the County Commissioners to consider the use of alternative treatment technology. Historically, growth in the County has been encouraged in areas with access to public sewer. As the County continues to grow, development will undoubtedly move into areas where either the soils are marginal and unsuitable for conventional septic systems or inaccessible to existing public sewer systems. Some, if not many of these areas could be served by alternative treatment systems. Based on the case history review, Hazen and Sawyer has concluded that the technology of the systems -.- is sound and can provide a reliable method of wastewater treatment and disposal. Unfortunately, the case history review indicates that this acceptable level of performance is all too often not achieved. Shortcomings with respect to design, '' construction and operation and maintenance of the system has been identified in the report. Although design and construction problems have occurred, there is no question that improper or incomplete operation and maintenance of the systems account for a disproportionate share of reported failures. It is unfortunate that failure of some of the systems overshadows the successful treatment performance of the systems that are operating. They continue to provide a reliable form of wastewater treatment. The successful systems have been well designed by professional engineers with specific expertise and experience. They have been properly constructed by knowledgeable and trained contractors and they are operated by qualified individuals who understand both the technical basis of the design, and implement corrective action, if necessary, to insure continued successful operation. Preventive maintenance and continuous monitoring are also key components of the successful systems. Failing or unsuccessful systems suffer from one ar more problems including inadequate system design that may limit or inhibit performance, poor construction and inadequate operation and maintenance. We believe there are modifications that can be made to the current institutional arrangements and public policies that control alternative systems with the goal of insuring that all of the alternative systems installed realize the success that only a few systems can now demonstrate. While the need to modify the policies may be generally recognized, there is no clear consensus in the field as to how best achieve this result. In hopes of encouraging continued discussion, the report suggested several strategies for consideration by the Commissioners. These are . ~~ generally divided in the areas of design, construction and operation, and maintenance. The design of the facilities is regulated by DEM and/or the Division of Health Services. The County could consider implementing higher design standards than those two agencies presently have on the books. There is a legitimate question as to whether the County can supersede the jurisdiction of the State in regulating the issuance of the permit but in conversations with both DEM and DHS there is some precedent for local government to enact higher standards coopezatively with the State and then eithex have DEM or DHS assist in those implementations. Unfortunately, based on the Hazen and Sawyex review they have been unable to identify any design standards believed to be inadequate. To the contrary, they believe the standards are generally adequate to insure proper performance of the system. They doubt that higher design standards would result in measurable overall improvement in system performance. A second possibility is that the Commissioners could consider requiring posting of bonds or other sureties guaranteeing the performance of the system over some limited period of time. Much discussion centered around the question of if you have an alternative system, can you require a bond to guarantee the performance of the system over the life of the system. That was discussed with the Institute of Government and othex individuals knowledgeable in the area and concluded that it is not practical to require a developer to post a bond of indefinite life. A possible alternative that would be viable would be for that bond to cover a period of there to five years. The value of the bond could be based on the cast of providing an alternative system to the particular development should the proposed treatment system fail to perform adequately. The three to five year period was selected because they believe that any design or construction related deficiencies would become evident early during the process and would indirectly insure that the system was properly designed and was properly constructed. That leaves operation and maintenance of the system. The construction aspect of the alternative system appears to have the least influence on their performance. The only deficiency noted is that there has been evidence that sometimes there's incomplete follow through or incomplete involvement of the design in the construction so that cextain facilities or components of the design are never actually constructed. DEM has recently implemented a new regulation that requires the principal designer to certify completion of the system so it is too early to document the success of this new regulation from historical records--we're cautiously optimistic that the new system is going to address the continued involvement of the design professional. The last element of the recommendation is operation and maintenance.. Based an a case history study, it is clear that if the reliability of alternative treatment systems is to be improved, the greatest opportunity for improvement lies in the area of improved operation and maintenance. Reasons for poor operation and maintenance of alternative systems are many but surely include lack of adequate technical expertise and adequate financing and insufficient regulatory overview. Historically, alternative systems have been operated under a whole range of institutional arrangements including private land owners and developers, home owners associations and private utility companies. Hazen and Sawyer does not see any evidence that any of those institutional arrangements have escaped the problems with improper operation and maintenance. The study suggested two possible strategies for improving the operation and maintenance of the system. They range from maximum involvement on the part of the County to minimum level involvement on the part of the County. The maximum County involvement could be based on the County becoming directly involved in the operation of the alternative system. The basic premise in this policy consideration is that public operation and management of the systems would be more responsive to insuring that the systems are properly operated and maintained. Public operation would not necessarily mean public G ~~ ownership. The treatment Facilities could remain in the private sector as far as ownership. Operation by the County could either involve direct operation by employees of the County or could be done under subcontract by other companies or other public agencies. The cost for this service would presumably be recovered from the users and the rates would be established such that they would be sufficient to provide fox normal operation and maintenance as well as periodic replacement of major components of the system. A much lesser role for the County would be for the County to become directly involved in the monitoring of the operation and maintenance of the system. There is a precedent here locally for local governments to become involve. We understand that the City of Raleigh has recently impXemented a program whereby they will make quarterly inspections of package treatment plants in the Falls Lake watershed. More frequent inspections will hopefully serve to create a higher public awareness of the system operation and could bring pressure to bear on the current operators to improve their level of performance. The issue is can the systems function over a long period of time. There are a number that have Failed to do so. If you are to proceed with this type of treatment system in Orange County, then it would be appropriate for the Commissioners to consider changes in the current policy to try and achieve an increased level of performance. This ended Mr. Cordell's presentation. Commissioner Hartwell asked some clarifying questions which Mr. Cordell answered. No other comments were made. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to refer this report to the manager for a recommendation. VOTE: UNANIMOUS. Manager John Link proposed that he bring back to the Soard some form of recommendation that would establish the procedures whereby some qualified entity either presently existing or to be created be responsible for monitoring the design, construction and operation of the alternative systems in Orange County and that the design and construction be warranted by the builder or some type of bonded surety process and that the cost incurred for the monitoring be borne by the owners of the system. The Quarterly Joint Public Hearing continued after this presentation. r v J MINUTES -- ORANGE COUNTY BOARD OF COMMISSIONERS AND ~.:;~ ORANGE COUNTY PLANNING BOARD - AUGUST 22, 1988 The Orange County Board of Commissioners met in Joint Session with the Orange County Planning Board for the Quarterly Public Hearing on August 22, 1988 at 7:30 p.m. in Superior Courtroom, new Gounty Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Vice-Chair Moses Carey, Jr.,'and Commissioners Stephen Halkiotis, John Hartwell and Don Willhoit. COUNTY COMMISSIONER ABSENT: Chair Shirley E. Marshall. PLANNING $OARD MEMBERS PRESENT Chair Barry Jacobs, Chris Best, Virginia Boland, Dan Eddleman, Sharlene Filkey, Prince Taylor and Steve Yuhasz. PLANNING BOARD MEMBERS ABSENT: Carol Cantrell, Abbie Dickinson, Brenda Swann. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Assistant County Manager Albert Kittrell, Clerk to the Board Beverly A. Blythe, Administrative Assistant Joanna Bradshaw, Planners Gene Bell, Emily Crudup, Brad Tongan and Mary Scearbo. A. BOARD COMMENTS Commissioner Stephen Halkiotis informed the Boards and public that NCDOT will be placing a signal light at the intersection of US 70 and Orange High School Road. Vice-Chair Moses Carey announced that at the request of OWASA, the Chair of the Board of Commissioners, Shirley Marshall, proclaimed a Stage Three Mandatory Water Restriction in effect as of this date, August 22, 1988. Commissioner John Hartwell informed the Board that the Federal Government has enacted a new insurance plan for which approximately 400 persons in Orange County will be eligible through Social Services. He noted that requests for additional staff to process applications would be forthcoming from Social Services and must be accommodated before the budget year ends, $. AUDIENCE COMMENTS 1 MATTERS ON THE PRINTED AGENDA Those citizens who signed up to speak on any of the public hearing items will be recognized at the time their item is discussed. ?. MATTERS NOT ON THE PRINTED AGENDA None. C. PUBLIC CHARGE Vice-Chair Moses Carey read the public charge. D. PUBLIC HEARING 1. COMPREHENSIVE PLAN AMENDMENTS a. CP-1-88 University Station ~flo Staff presentation by Marvin Collins. _,:,, ~ Collins began the presentation by emphasizing that this item is NOT a rezoning, NOT a Special Use Permit nor any kind of site approval. It is ~i simply an application for a Land Use Plan amendment. If the application for the Plan amendment is approved, the applicant would return at a later paint in time with a specific rezoning request or a Planned Development Application which is a combination rezoning and Special Use Permit approval procedure. The property in question is located south of the Southern Railroad on both sides of 01d NC 10 (SR 1710), It is known as lot 20 of Orange County Tax Map 27-Eno Township and lots 47 and 48 of Orange County Tax t Map 26-Eno Township. The property contains 575 acres or 25,047,000 ~ square feet. The property fronts on New Hope Church Road for a distance of 2900 feet and on Old NC 10 for a distance of 4920 feet. The current zoning designation of the property is R-1 Residential, Collins identified the location of the property on maps. The applicant is requesting that 100 acres of the property at the intersection of Old NC 10 (SR 1710) and New Hope Church Road (SR 1723) be re-designated in the Eno and Chapel Hill Township Components of the Comprehensive Plan from Rural Residential, Agricultural Use and Resource Conservation to Ten-Year Transition, The purpose of the request is to allow the applicant to make application for approval of a planned residential and golf community. Collins referenced a Staff Report which had been provided to the Board of ~~ Commissioners which addresses the application requirements and the ~ -" compliance of the applicant and also addresses standards contained in the Orange County Land Use Plan which identify the circumstances under which a Ten-Year Transition Area should be applied. (This report is an attachment to these minutes on pages3L~-3,"31) , One of the things that the applicant must address in the application is whether or not there axe changed or changing conditions within the area which would warrant an amendment to the Plan. The applicant has cited the changing nature of the use of the property as one reason for amending the Comprehensive Plan. A dairy farm that occupied part of the site has been inoperable for years, Although shown on the Eno and Chapel Hill Township Land Use Plans as agricultural, the classification was based on the use value designation of the property. While a large portion of the property on the north side of Old NC 10 is leased for agricultural purposes, a 160-acre tract on the south side of the road is available for sale. The availability of large tracts of land which can be combined into a larger parcel provides the applicant with the ability to "master plan" the site in a manner which preserves the rural, open character of the area, Collins explained that there are principal and secondary amendments and this particular application falls into the secondary amendment category. It seeks to expand an existing plan designation where the additional area i ~~~ is contiguous and does not increase its land area by more than one hundred acres. He identified the present transition area and that proposed as Ten-Year Transition Area on a large map which was an display. He also identified the proposed park site. Collins noted that one problem discovered by Staff in review of the application was that more than the 100 acres permitted by the Ordinance had been included (a total of 116 acres including street, railroad and utility rights-of-way). After discussion of this problem, the applicant revised the map downward to include only 91 acres. $isecting this property is a stream which follows the path of the two lakes and exits to the north across the Southern Railroad. The area generally south of Old NC 10 has been deleted because it is a part of a Resource Conservation Area shown on the existing Land Use Plan. That would limit all the Transition Areas to areas outside of any floodplain or any area designated as having steep slopes. Collins stated that the map he was using was a general concept plan that the applicant submitted with the application to show how the proposed amendment is in compliance with the Comprehensive Plan. How the amendment will carry out the intent and purpose of the Comprehensive Plan is a requirement of any amendment approval. He noted that the proposed park site will incorporate approximately twenty-five (25) acres and carries out the intent of the Master Recreation and Parks Element of the Comprehensive Plan. If this application is approved and a subsequent rezoning or planned development application is submitted the applicant would be required to dedicate to the County a minimum of twenty-five acres for a park site. The provision of a golf course within the development also satisfies the intent of the recreation element. Even though it is a private golf course, it will be made available for public use. The proposed amendment is also consistent with the goal in the Comprehensive Plan of preserving the rural character of the County since out of the total of 575 acres which will ultimately be included in this community, 250 acres have been designated for lakes, a park and a golf course. The location of the golf course and the park site preserves the open areas that exist on the site now. The development density proposed, 1.5 units per acre, is in keeping with the low density character of the area. In terms of location standards such factors as land slope, hydrology, flora and fauna, population density .and historical and cultural resources, etc, are considered when determining whether or not to apply a transition area designation to a particular site or group of sites. Collins indicated that he had reviewed each of the criteria used and the results of that review is included in the staff memorandum which is in the permanent agenda file in the Clerk's office. Some of the concerns include the proximity of the Eno Division of Duke Forest and the overhead power line easement in the same area. The tracts in phis application have been designated in the Land Use Plan as being in agricultural use. These parcels are the only ones in the ~~~ general area of University Station which are in this category; other areas around these tracts are forested or vacant. This raises a question about whether or not a development on this particular site would have a detrimental impact on productive agricultural uses or managed forestland. . Other than Strayhorn Hills, all the area around this tract is low-density, vacant land or land used for residential purposes. Collins noted that comments had been received from the Soil Conservation Service which indicated that the soils on this site are generally Georgeville classification which present no major problems for building site development. The County Attorney has indicated what Collins felt was the major concern regarding this proposal which is the County Policy prohibiting the extension of public water and sewer into areas other than those that are approved transition areas. The Attorney also indicated that unless there is assurance that a public water supply would be available, then perhaps the entire 575 acre tract should be considered rather than just the 100 acres that is presently proposed. The applicant has received a letter from the Town of Hillsborough indicating that they agree, in principal, to serve this project with water and sewer. The Planning Staff recommends approval of the proposed Comprehensive Plan amendment for the following reasons: 1. Although the opinions of the County Attorney are sound, alternatives .for the development of the total site (575 acres) exist. a. If the proposed amendment is approved and the availability of public water is assured, the designated Transition Area (91 acres) may be developed utilizing public water and sewer and the remaining 484 acres (excluding open spaces) developed utilizing individual wells and septic tanks. (An option is a community low-pressure ground absorption system if the Alternative Systems Report provides a positive recommendation.) b. The proposed Water-Sewer Policy may be amended to address "master planned developments" of a certain size, where components. of the Comprehensive Plan are implemented, and the character of the area in which the development is located is preserved. Such a policy would allow the majority of a site to be retained in a low-density plan or zoning category while eliminating the long-term potential for septic tank failures. The applicant is aware that unless the Water/Sewer Policy is amended or the use of individual wells and septic tanks is sought, the only option available is submission of a request to include the total tract (575 acres) in a Transition Area. 2. Seven (7) of the eleven location standards for application of the Transition Area designation have been complied with, and the remaining standards appear to be met, considering specific site features and/or market conditions. ~ 3 -. 3. Conditions in the area are changing. The site is the only major agricultural tract in the area, and its continued use for agricultural purposes appears limited, considering the availability of a portion of the site for sale and the current ].ease arrangement far agricultural purposes. The alternative to a "master planned development" is the continued development of smaller tracts in a "piecemeal" fashion. Planning Board member Chris Best asked if the applicant could re-submit the entire 575 acre tract for a Special Use Permit Planned Development. Collins responded that the plan must be consistent with whatever zoning is to be requested. The advantage of the approach of requesting transition area far 100 acres rather than the 575 acres is that the range of zoning district designations is being limited to a confined section of the project and the remaining portion remains in basically an R-1 classification. Best expressed concern that the applicant would be given carte blanch for the 100 acres. Gollins responded that even if the transition area designation is approved, the applicant must then proceed with the planned development process which is a very detailed site planning exercise with strict regulations. Planning Board member Sharlene Pilkey asked where the creek drained to and Collins responded that Stoney Creek which runs through the property and exits to the north eventually drains into the Eno River. Pilkey continued, asking if the proposed parkland is suitable for a park. Collins responded that the topography was gentle to moderate slopes. The steep slopes have been deleted from the transition area. Pilkey asked about water and sewer services. Collins responded that if the applicant wanted to develop the tract under the current policy, the entire 575 acre tract would have to be designated transition area. There are options; there could be public water and sewer provided for the 91 acres and the remainder could be wells and septic tanks or some alternative system if approved. Another option is to amend the policy to allow extension of public water and sewer outside of transitian areas. Pilkey asked about the size of the lines in Strayhorn Hills. Collins responded that there is a six inch water line from NC 10 that extends into the main entrance road to Strayhorn Hills. The lines extending off that line are two to three inch lines He noted there that a map was included in the agenda packet showing the location and size of the lines. Planning Board Chair Jacobs asked the rationale for the previous boundary of the transition area. Collins described the boundaries on the map. When asked the distance from Hillsborough, Collins indicated 3 1/2 to 4 miles from the center of Hillsborough to this project. Jacobs asked what would happen if the 91 acres was considered by itself rather than the entire 575 acre tract and economic conditions became such that only the 91 acres originally proposed by the .; 3fl4 developer were developed. Collins responded that is a situation that could exist in any application presented. Economics of a project could change and what may have been approved for a portion of a site may be the only portion developed. That would have to be weighed against designating the entire tract as transition which would be opening up four to five times more land area for higher densities. In some ways it becomes a trade-off; which is more advantageous, to ~, ~imit Wit, tc~,,~~,~a,~,~,;,p~;~~,,,~,~n~,,a,;~;],~,,n.~-,~,.t~,~ designate entire ~.. ... w-..r ~. wv .+r+ .~ tract. Jacobs asked if a third alternative could be to more clearly define the County's water and sewer policy before making a determination to extend it to such a large project. Collins responded that he had already made the point that the policy itself would have to be amended in order for the entire project to be served with public water and sewer. If the policy is not amended and the application is approved, the only area that could be served is the 91 acres. The remainder would have to be on wells and septic tanks or some other alternative systems. Collins expressed agreement that the policy is the key issue in this application. Commissioner Halkiotis asked how much of the 250 acres designated for lakes, park and golf course would actually be included in lakes and their uses besides irrigation of the golf course. Collins responded that the golf course would be approximately l75 acres, park site 25+ acres and the remaining would be open, space (50.acres) for lakes. Commissioner Halkiotis continued, asking the time frame for development and Collins responded ten to fifteen years. --" , Commissioner Halkiotis asked what guarantee the County would have i:::;?::.;.; that development did not extend beyond that time or that the project ~~. would be completed at all. Collins responded there was no guarantee. This project is a "first" for this portion of the County. The market and the project itself would dictate how well and at what rate it is ,developed. Commissioner Halkiotis asked Collins' opinion as a professional planner of the economic impact such a project would have for this part of the County. Collins responded that if the project is successful, the County could anticipate more applications for changes in that area. The project would set the tone for the area, There might be other developments, perhaps not as large, wanting to take advantage of golfing facilities. There would also possibly be an increase in the number of smaller developments. The Public Hearing was open for citizen comments; Steve Jeck of Hillsborough expressed concern with the taking away of forestlands, He also expressed concern with such a technical. analysis. He felt that the golf course did not satisfy the recreation requirement for the majority of the people as the forest and river did. He asked that the Boards consider strongly those public comments before making a decision for approval. ~~ ~ Michael Warner, property owner adjacent expressed support for certain aspects of opposition to the proposed density. neighborhood is one dwelling per 4-10 County not alter its plans to - meet the objectives of the developer but altering their plans to meet the obj~ personal objectives of the residents. to the proposed development, the proposal but did express The present density of the acres. He asked that the that the developers consider actives of the County and the Philip Price, property owner at the halfway point between New 86 and NC l0, stated that he felt water was the primary concern with this project. He also expressed concern with the ability of New Hope Church Road to handle the proposed density, He expressed concern with the impact of the opening of I-40 and the new school proposed for the end of New 86 on the capability of New Hope Church Road. He also asked that consideration be given to the traffic impact during construction of the school, and this large development. Alan Seiferheld, resident approximately .4 miles from this proposed development, noted that one of his reasons for moving to this area from Cary was the low density. He stated 'that he would like to see the area developed within the zoning regulations which now exist. Clint Burklin, representing the Stoneycreek Neighborhood Association, indicated that the Association felt reasonable uses were being proposed for the property and that the golf course was compatible with their objectives of keeping the density low. He asked that focus - be on the following before the plan proceeds: 1. Do not reduce the density below one unit per acre which is compatible with Strayhorn Hills; 2. County should accept a commitment to upgrade New Hope Church Road; 3. Require submittal of the entire plan rather than piece-meal so it can be evaluated and rezoned all at one time, George Brumley asked the proposed ingress and egress of the project, Collins responded that they had not been defined at this time, MOTION: Commissioner Willhoit moved, seconded by Commissioner Hartwell that this item be referred to the Planning Board for a recommendation to be brought back to the Board of Commissioners on October 3, 1988, VOTE: Unanimous, 2. ZONING ATLAS AMENDMENTS a. Z-1-88 Cheeks Township Staff presentation was made by Brad Targan. Tongan began the presentation by addressing two questions asked by .;,°. 3~~ many of those who contacted the Planning Department -Why are the changes occurring .at this time - and - how will the changes affect my ~..;,~,4 taxes? In 1981 the Board of Commissioners adopted a Land Use Plan for the County, a set of policies to guide development in Orange County. Soma of those policies directed certain uses, such as low density residential or industrial, to the most appropriate areas of the County, based on factors such as current land use, transportation access, and environmental constraints. The Land Use Plan itself is not an enforcement mechanism, it provides the necessary justification for any land use regulations that may be adopted. One means of regulation is the Zoning Atlas, where each land use category identified in the Plan corresponds to one or several zoning types. The Plan also designated what are known as activity nodes which are areas of the. County identified as appropriate far commercial or industrial"activity and are usually centered near major intersections or along major transportation corridors. The type of commercial or industrial zoning depends in large part on whether or not the property is in an activity node. At the time the Land Use Plan was adapted, an update after five years was specified. That process, which began with Little River Township in 1986, was completed for the central Townships and Chapel Hill Township with the adoption of amended plans this past July. $ased on data that included hydrology, land use, population and housing growth, and other factors such as the completion of I-.40, several changes were made in the plans for each township. The changes in the Zoning Atlas flow directly from the changes in the plans. The second question asked often of the department regards the effect on an individual's property taxes. There are same rules of thumb that apply. If you increase the restrictions on the land, such as downzoning, generally the assessed value and the taxes will be reduced. If you decrease the restrictions and allow a more intensive use of the land, generally the value, and thus the taxes, will increase. The change in standards for most of the properties involved in these rezonings, however, are slight. Especially those involving a change solely between residential standards or a .protected watershed overlay. There should be little or no direct impact on taxes as a result of these changes, especially for single family lots already developed. Changes might be expected for those parcels which could see a more drastic change in development standards, such as large undeveloped tracts receiving a water quality critical area overlay or tracts being downzoned from commercial to residential. Several changes were made in the recently amended Cheeks Township Land Use Plan that warrant changes in the Zoning Atlas so that the Atlas conforms to the Land Use Plan. The changes in the Plan ¢~ ~ ~J i included designating the Back Creek Watershed which drains into :._ Mebane's drinking water supply, as protected watershed, and shifting areas of the township between Agricultural Residential and Rural. Residential depending on trends in agricultural and forestry use, housing and population over the past seven years. Targan indicated on maps the areas that are proposed to change between R1 and AR and those to change between R1 and AR. The difference in residential development standards between R1 and AR is slight. Minimum lot sizes are the same at 40,000 square feet and setback requirements are the same. Of the. primary residential development standards only required road frontage changes - from 130 feet in R1 to 150 feet in AR. The similarity in the zoning standards represents the similarity in the Land Use Plan categories. An overlay district called Protected Watershed-II is proposed for the $ack Creek Watershed based on changes to the Land Use Plan mentioned previously. In addition, a portion of the Upper Eno Watershed not already zoned PW-II is proposed to rezone the overlay district. The Upper Eno is the drinking water supply watershed for Hillsborough and the Orange-Alamance Water System. The two additional restrictions PW-II places on development are a maximum impervious surface limit of 12~ and stream buffers along perennial streams of up to 150 feet. An area of the Upper Eno Watershed (indicated on the map) is proposed for Water Quality Critical Area. The restrictions in this zone are much more severe than in PW-II because runoff from this area drains directly into the Eno River, the various reservoirs and trunk streams below the first tributary, making control of potentially polluted runoff even more important. Restrictions include a minimum lot size for new lots of 80,000 square feet, an impervious surface limit of 6~ or approximately 5000 square feet on an 80,000 square foot lot, stream buffers on perennial and intermittent streams and a prohibition on commercial and industrial activity. Public Interest District zoning is proposed for a number of properties that are either publicly or quasi-publicly owned and that serve a public purpose such as education and research or environmental protection. These properties include Corporation Lake, a portion of the Lake Michael Park property, Moorefields and County-owned land in the Seven Mile Creek Basin. FID zoning generally precludes commercial, industrial or residential development. The Hillsborough division of Duke Forest is already zoned PxD. A comprehensive rezoning in order to achieve consistency between the Land Use Plan and the Zoning Atlas requires zoning changes for some two dozen commercial and industrial properties, most of which are in the US 70 corridor. Seven industrial parcels are being proposed for rezoning. Mare than half of these rezonings are of a lateral nature, reflecting location of the parcel relative to an activity node, rather than any change in standards. Orange Hosiery, Hancor, and Redman Industries would change from Existing Industrial to Industrial-1 Because they are located in an industrial activity node. Efland Milling and KDG Manufacturing would change from Industrial-1 'l to Existing Industrial. Dimensional requirements and permitted industrial uses are the same in both of these industrial districts. There are several additional permitted commercial uses in an I-1 '-~~, district. Video Rentals on Brookhollow Road north of US 70 is proposed to be changed to Local Commercial. Two commercial properties are proposed for upzoning from Existing Commercial-5 to the less restrictive Community Commercial-3. This rezoning, at the northeast corner of US 70 and Frazier road, is based on current use and the land's location within an activity node. Mace Heavy Equipment on US 70 is proposed to be rezoned from General Commercial-4 to Existing Commercial. Its current use is permitted in both districts. Seven properties are proposed to change from Existing Commercial-5 to Neighborhood Commercial-2 because they are located in commercial activity nodes. Six properties are being proposed for change from NC-2 to EC-5 because they are outside of activity nodes. A property owner has requested a Land Use Plan Amendment to extend or create a new activity node adjacent to the Mebane Extraterritorial Jurisdiction. Minimum lot sizes required are far less in NC-2 although the required front setback is greater in NC-2 than in EG-5. There are more permitted uses in EC-5~than in NC-2 district although there are some uses permitted in an NC-2 that are not permitted in an EC-5. Tom Chandler, president of Chandler Concrete Company, stated that his company owns property adjacent to Hancoz, Inc. and Public Service Gas. His property is currently being used fox storage of equipment. He requested that his property be zoned Industrial-l, the same as proposed for Hancor. Lee Settle, attorney representing Mr. Loren Thompkins who is owner of a FINA service station at Buckhorn Road/I-85, distributed a map indicating that this property is split between R-1 and EC-5. He urged the Board to designate the entire parcel NC-2 based on highest and best use as a gas station and the non-conforming nature of the sign in R-1. The sign would still be non-conforming under NC-2 zoning with an MTC overlay. Seventy-two square feet is allowed and the sign is approximately seventy-eight square feet. Mr. Settle indicated he felt a better case could be made for a variance under NC-2 since maximum signage under R-1 is four square feet. John McKee, Chair Economic Development Commission, commended the Planning Staff and Planning Board for the even exchange in commercial and industrial zoning. He expressed concern that the present policy does not include the pre-zoning of vacant sites for industrial and commercial activity. He stated that he felt now is the time for a joint effort by the Planning Board, Planning Staff and EDC, along with the property owners to produce a plan for the best and most appropriate use of empty parcels within the activity nodes. Bill. Dorsett, former Chair of Cheeks TAC, expressed concern that Efland/Cedar Grove Road split the AR and R-L districts. He noted ~J~ that similar development should be on both sides of the road. - Robert Nichols, owner of property in Cheeks Township, expressed concern that a five-year update of the Plan is being done without citizen request. Planning Board Chair, Barry Jacobs responded that ~- the idea is to review the Land Use Plan every five years and this update had been to public hearing. Mr. Nichols continued expressing concern that such changes would degrade and make a difference in property values and asked the County Attorney how citizens would be compensated for decreasing property values. Geoff Gledhill, County Attorney, responded that in the Orange County Zoning Ordinance there is essentially no difference in the uses that are allowed on AR and R-1 designations. Mr. Nichols continued that there is a difference in the required frontage. He noted this would cause non-conformity. Gledhill continued that he felt this would not cause a difference in value lot-ta-lot. b. Z-2-88 Hillsborough Township Staff.,presentation was by Brad Torgan. The Hillsborough Township Plan, adopted July 5, 1988, made several changes in bath the Hillsborough Township Plan first adopted in 1981, and the Central Orange Area Study adopted in November 1983. These changes included the reclassification of an area west of Dimmocks Mill Road to the township line from Agricultural Residential to Rural Residential, changing an area adjacent to Highland Woods Subdivision -. from Agricultural Residential to Transition Area, and classifying the Little River Watershed, which drains into the Little River Reservoir in Durham County as a Water Supply Watershed. The boundaries of the ' ~ Upper Eno Watershed, as Well as the Water Quality Critical Area, both first identified in the 1981 plan, were redrawn based on more accurate topographical information. In addition to the changes in the plan, Duke Forest, first classified in the 1981 plan as a Public Interest Area, was reaffirmed as such in both the 19$3 study and the 1988 plan. One of the policies embodied in the Land Use Element of the Orange County Comprehensive Plan is that commercial and industrial activity should be confined to activity nodes, generally focused on major intersections. When areas of the County were first zoned, the zoning category of Existing Commercial or Existing Industrial was used to designate those commercial or industrial uses outside of activity nodes. Several parcels, either on the south side of Old NC 10 or the west side of NC 86 south of Wildwood, were originally outside of adopted activity nodes. The boundaries of the nodes have since been changed to include these parcels. Based on that background, several proposals for rezoning are being made in order to bring the Orange County Zoning Atlas into conformance with the Orange County Comprehensive Plan. ~ ~ `~ The first is to designate the Little River Watershed as a PW-II overlay district. A PW-II overlay would also be applied to those portions of the Upper Eno Watershed lying generally north of US 70 and west of Coleman Loop Road not currently zoned with an overlay. As mentioned earlier, this would lead to additional development standards involving impervious surface and stream buffer requirements. Portions of the Upper Eno Watershed draining directly into main trunk streams of the Eno River would be designated as Water Quality Critical Area with restrictions greater than those of PW-II. Duke Forest lands south of I-8S is proposed to be changed from R-1 Residential to Public Interest District which precludes most types of development at this time. Approximately nine acres adjacent to the Hillsborough Extraterritorial Jurisdiction and Highland Woods Subdivision, and an area bordered by Dimmocks Mill Road, the Township line and the Hillsborough Extraterritorial Jurisdiction is proposed. to change from Agricultural Residential to R-1 Residential. One parcel on the west side of NC 86 north near Coleman Loop would change from Neighborhood Commercial-2 to Existing Commercial-5 based on its location outside an activity node. Several commercial parcels on the south side of Old NC 10 near Chandler Concrete would be upzoned from Existing Commercial-5 to General Gommercial-4 based on inclusion in an activity node. This same change would apply to Woods Brothers, on NC 86 south of Wildwood. Although lot size and setback requirements are the same in the two districts, permitted uses are greater in a GC-4 district. One additional parcel on the south side of Old NC 10 is proposed to change from Existing Industrial to GC-4 based on its current use as an auto body shop. Although there are few permitted industrial uses in a GC-4 zone, commercial uses are greater and lot restrictions less stringent than in an existing industrial zone, reducing the possibility of non-conformity. One additional parcel, the Texaco Station on US 70 near St. Mary's Road, has always been included in an activity node, but was originally given an incorrect Existing Commercial-5 designation. We are proposing that its zoning be changed to NC-2. One commercial parcel, on NC 86 North, lies outside of any activity node. The proposed rezoning would change its current zoning from Neighborhood Commercial-2 to Existing Commercial-5 which is the classification used for commercial property outside of activity nodes. There was no Board or public comment. c. Z-3-8$ Ena Township Staff presentation was by Brad Torgan. 3~1 -.-.,_, The Eno Township Land Use Flan was also adopted July.S, 1988 and made several changes from the plan first adopted in 1981. These changes included designating the Little River Watershed as a Water Supply Watershed because it serves as a water supply for the City of Durham and reclassifying a large area of central Eno Township from Rural Residential to Agricultural Residential. Eno River State Park and Duke Forest were originally classified as Public Interest Areas in the 1981 plan. This was reaffirmed in the Central Orange Area Study which covered a small portion of western Eno Township and was adopted in 1983 and in the 1988 plan. One of the policies embodied in the Land Use Element of the Orange County Comprehensive Plan is that commercial activity should be confined to activity nodes, generally focused on major intersections. One such node in Eno Township adopted in 1981 centered on the intersection of I-$5 and US 70. The 1988 plan rolled back the node, making I-85 and US 70 its northern boundary. Three commercial parcels on the north side of I-85 are stilled zoned as though they were inside an activity node. - A portion of one parcel on St. Mary's Road zoned EC-5 no longer contains a commercial use. Because it is not in a node, staff proposes that the zoning revert to the surrounding residential classification. Based on that background several rezonings have been proposed in Eno Township in order to bring the Orange County Zoning Atlas into conformance with the Land Use Element of the Orange County Comprehensive Plan. The first is to designate the Little River Watershed as a PW-II overlay district i.n the same manner as being done in Hillsborough Township. The second change would be to rezone all Duke Forest Lands in the township, along with Eno River State Park from either R-1 Residential or Agricultural Residential to Public Interest District. Approximately 1500 acres in an area roughly bounded by Palmers Grove Road on the west, US 70 on the south, Pleasant Green Road on the east, and an AT&T easement on the north, excluding Brigadoon Subdivision, is proposed to be changed from R-1 Residential to Agricultural Residential. The change in the land use plan that led to this proposal involved .a slower growth rate than other rural portions of the township and a desire to use roads rather than easements as district boundaries. The fourth change would be to rezone Whispering Pines Subdivision from R-1 Residential to R-2 Residential. Whispering Pines was built prior to zoning in Eno Township at lot sizes less than the current R-1 zoning making the area non-conforming. This change would eliminate the non-conforming designation. Even though lot sizes are only required to be 20,000 square feet in R-2, as opposed to 40,000 square feet in R-l, the 3 ~. 2 subdivision is fully platted and almost fully developed reducing the impact of the zoning change on the area. --, A total of four commercial praperties are proposed for changes, all downzoning. None are located in an activity node and one is currently vacant. The three parcels north o£ X-85 and east of Pleasant Green Road totalling 10.14 acres which are no longer in the activity node whose boundaries were altered in the 1988 amendments is proposed to change from General Commercial-4 to Existing Commercial-5. Finally, a portion of one parcel on the north side of St. Mary's Road, totaling approximately one acre, is proposed to be changed from Existing Commercial-5 to Agricultural Residential (AR). The property is no longer a commercial use. Flanning Board Member, Sharlene Pilkey, asked the rationale for changing 1500 acres from R-1 to AR. Torgan responded that it is currently taxed as forestland under the Use Value Taxation Program rather than at market value under the County's existing program. Pilkey asked if this property was being considered for a possible landfill. Torgan responded that the consultants working on the landfill project had requested information on several properties in the County and that was one of them. Public Comments Pete Dubose, Jr, stated that a 15-acre tract adjacent to the $rigadoon Subdivision proposed to be AR should be designated R-1, the same designation as Brigadoon. He expressed concern with the comment that AR and R-1 are almost the same except for the 20-foot difference in required road frontage noting that could be a significant difference at some point in the future in "laying out" a subdivision. Even though the tract is presently used as a timber farm, actively harvesting and replacing timber, he was concerned with zoning changes and encouraged that the current .zoning be maintained. He also expressed concern that the Eno River was not more clearly designated on the map. Johnny Kennedy presented a prepared statement (an attachment to these minutes on pages ~j32.3a5) . Donald Cox asked if a Memorandum of Understanding is in existence between Orange County and Eno River State Park. Commissioner Hartwell indicated that the Board of Commissioners had sent a letter rather than the Memo of Understanding to Eno River State Park. Mr. Cox also asked if plans had been received by the County for the proposed re-design of the I-85/US 70 interchange and would this affect Mr. Kennedy's property. Planning Board Chair Barry Jacobs said that there is no Memo of Understanding between Eno River State Park and Orange County although there is a sense of agreement to maintain common goals in regard to the protection of Eno River State Park. Planner Brad Torgan responded that the Planning Department had ~~~ received plans for the widening of I-$5 but it is not known how this would affect Mr. Kennedy's property. Mr. Cox continued that the Kennedy property lies very near one of the more narrow parts of the Eno River State Park and is adjacent to property that may at some point be additional park land. He felt that the interchange would affect Mr. Kennedy's property and asked that there be no expansion of commercial property be allowed in this area. Richard Helwig spoke in support of the Public Interest District zoning for Duke Forest properties in Eno Township. Ernie Mills expressed concern with the downzoning of Whispering Pines Subdivision and asked where the water drained from this subdivision. Planner Brad Tongan responded it drained to the Eno River. Mr. Mills felt that downzoning would create more drainage problems. Planner Tongan noted that Whispering Pines is currently located in a Transition Area and is also noted in the Durham City Comprehensive Plan as being in their urban growth area which means they expect to serve that area of Eno Township with water and sewer within the next twenty years. Mr. Mills asked that a change of zoning be delayed until such time as water and sewer is pzovided by the City of Durham. Mrs. Margaret Coile stated that she is ownex of 170 acres bounded on the north by 1 1/2 miles of the Eno River and on the south by US 70 and IO-85. She noted that her property borders Mr. Kennedy's on three sides and is zoned residential. She expressed concern with the commercial use by Mr. Kennedy and asked that it be zoned Existing Commercial-5 so that no expansion of the commercial use would be allowed. J. B. Brame, president of Bramco which owns approximately 200 acres in Orange County, urged that the proposed rezoning not be approved and expressed concern with the serious impact of the additional twenty-foot road frontage requirement. Bill Clayton, property owner within 500 feet of Whispering Pines Subdivision, expressed opposition to the rezoning. from R-1 to R-2. His concerns were with traffic impact, poor perk conditions and the altogether negative impact on the community. Flanner Brad Torgan responded that no change in development activity is expected based on the zoning change of Whispering Pines. He noted that development can already occur on the existing lots under the R-1 designation so long as required setbacks can be met. Health Department requirements for septic tank suitability must be met. Vice-Chair Moses Carey read a letter submitted b Mr. John R. Kennedy which is an attachment to these minutes on page ~31a d. Z-4-88 Chapel Hill Township Staff presentation was by Brad Tongan. ~~~ The proposed rezonings for Chapel Hill Township are based on two Land Use Plans - the Joint Planning Area Land Use Plan, adopted in 1986 and the Land Use Plan for that portion of Chapel Hill Township north of the JPA and Rural Suffer adopted in July 1988, The most significant policies of these two. plans as they relate to the proposed rezonings is the reaffirmation of publicly and quasi-publicly owned lands used for public purposes such as recreation, wildlife mitigation, education and research as Public Interest Districts. In order for the Zoning Atlas to conform to the Land Use Plans, the following lands are proposed for Public Interest District zoning: 1) University of North Carolina lands at University Lake and Mason Farm; 2) Army Corp of Engineer lands at the headwaters of Jordan Lake; 3) All divisions of Duke Forest lands in Chapel Hill Township. Several other policies of the Land Use Plans warrant additional zoning changes. The Joint Planning Area identifies two activity nodes in Chapel Hill Township; one at Calvander on Old NC 86 and Blackwood Station on New NC $6. Two commercial properties in the watershed, however, are zoned as if they were in an activity node. The proposed rezoning would change their classification from General Commercial-4 to $xisting Commercial-5, the classification used for commercial property outside of activity nodes. An area south of Davis Road in northern Chapel Hill Township is proposed to change from Agricultural Residential to Rural Residential (R-1). Citizen Comment Max Wallace, Associate Vice-President of Duke University, explained the process which Duke University is pursuing in order to provide recommendations to its Board of Trustees for long-term best uses of University owned lands. He expressed the desire to work with Orange Gounty to provide the comprehensive plan far the Duke Forest properties. He asked that the public hearing be kept open to allow acceptance of additional information from Duke University so that the best possible informed decisions can be made regarding the zoning of what he referred to as private land rather than public or quasi-public lands. He indicated that the time frame would be December l9$8 or February 1989 when recommendations from the university would be complete. He stated that he would publicly commit for Duke University that no development of any kind would be proposed or done during that interim period; thus there would be na risk to the County. Carla Ball, representing the Research Triangle Group of the Sierra ~/ r .~_ ~) Club, resented a prepared statement (an attachment to these minutes -- on ~~ pages''}) . Dawson Sather spoke as Chief Investigator for the Natural Areas Inventory commissioned by the Environmental Affairs Board. He noted that approximately 25~ of the natural areas in Orange County are owned by Duke Forest. He reviewed the forest types and species of animals and plants that are rare and unique to the area noting that half of those natural areas are the best in Orange County. He reviewed the major streams which are a part of those natural areas and noted that it is critical that every step be taken to preserve these streams; the Eno River, the New Hope Creek and Morgan Creek. Beth Friedman spoke as an alumnus of Duke University School of Forestry and Environmental Studies and as an Environmental Scientist. She referenced the training and education she had received in the studying of Duke Forest and noted its importance as a research area. She urged the Boards to insure that the resource uses supplied by Duke Forest are fully preserved in its present state. Joe Woodman, president of the Stoneycreek Neighborhood Association spoke in support of the proposal to designate Duke Forest as a Public Interest District. He noted that many of his neighbors had moved to this area from those areas that had been destroyed due to unchecked growth. He noted that until recently Duke University had fought against commercial and residential development of its properties. He expressed the hope that city officials and private interests can work together to a long-term plan that will prevent or greatly reduce commercial and high density residential development of Duke Forest and surrounding lands. Elizabeth Sokefeld spoke on behalf of the Duke Neighborhood Association. She expressed concern with protection of the integrity of Duke Forest. She urged the Commissioners to take whatever steps necessary to prevent Duke Forest from being developed. Jim Keighton, president of New Hope Audubon Society, expressed strong endorsement of the rezoning of lands including the Duke Forest tracts in Orange County as Public Interest Districts. Duke Forest along the New Hope Creek has been a major resource for the Audubon's education and recreation. He described some of the society's studies and programs associated with Duke Forest lands. David Lakin, spoke on behalf of the organization Save Duke Forest and presented a prepared statement (an attachment to these minutes on pages`~~]~36~jo. Laura Drey, presented a prepared statement (an attachment to these minutes on pages~f--.3~ . Mike Savino expressed concern with the comment that Duke Forest is private land noting that whatever anyone does with their property _ does affect others and their properties. He asked that all the Duke 3 ~. Forest properties be rezoned now as PID. Ed Harrison, Conservation Chairman of the Headwaters Group of the Sierra Club and Land Use Chairman of the NC Chapter of the Sierra Club, presented a prepared statement (an attachment to these minutes on pages 357 ) . . Randy Few asked if the Army Corp of Engineer Land was already public land and if so, what is the significance of rezoning those lands PID. Brad Torgan responded that those lands are public lands but to zone them PID would establish conformity between the Land Use Plan and the Zoning Atlas. Mr. Few. continued that the Army Corp of Engineers had purchased more property than was originally needed for their projects and he indicated that those unused army core lands would either revert to the original landowners or the original landowners would have the right of first refusal. If this did occur, it would impair use of that property. Torgan responded that in the case of army corp lands the use would be wildlife mitigation. If the Federal Government did sell those lands to a private citizen, justification would be established for the changing of the PID zoning. George Brumley, property owner adjacent to Duke Forest, stated that even though he would prefer that the forest remain in its current condition and available to the public of Orange County, he felt it is Duke's right to make that decision, not Orange County's. He continued that Duke has a reputation as a conscientious citizen in every county in which they own property and he felt they would not do anything that would damage that reputation. He noted he was a firm believer in property rights and felt that if the County wanted open space and Public Interest Districts, the county should purchase the property. Richard Helwig, Chairman of the Orange County Democratic Party, quoted the following from the Democratic Party platform: "The Orange County Democratic Party supports municipal, county, regional and state planning to meet the challenge of population growth and economic development in the coming years while maintaining the unique quality of life in Orange County. We support balanced and appropriate economic growth to provide jobs and increase house space. We ask that county and municipal governments adhere strictly to land use plans in approving development projects to assure minimum disruption to existing neighborhoods. We ask that county and municipal governments provide adequate water supplies and protection for those watersheds. County officials should act to protect natural resources and historic sites within Orange County. County and municipal officials should provide adequate recreational facilities including public parks, greenways, bikeways and require developers to provide recreational facilities in conjunction with new projects. The Orange County Democratic Party supports policies which guarantee ~/ ~~~ clean water, clear air and other elements of a safe and attractive ' environment. We expect our elected officials to insure that industrial, commercial, agricultural and residential development does not lower the quality of the environment. We support research by public and private institutions into the causes and cures of pollution. We ask County and Municipal governments to identify and preserve natural open spaces for scenic, educational and recreational pleasure. We ask that County and Municipal governments set aside natural habitats for the protection of wildlife and plant life." The following resolution regarding Duke Forest lands was passed unanimously at the Democratic convention in April 1988: "Whereas Duke Forest is one of the country's oldest outdoor laboratories and managed research forest; and Whereas the forest is an important wildlife sanctuary, archaeological and historic sites, a vital watershed and a buffer between municipalities; and Whereas there is significant pressure to develop this land; Therefore, we call on the County and Municipal governing bodies to request that Duke University preserve Duke Forest for research, recreation and educational purposes." _, Albert King, a member of the New Audition Society, spoke in full support of the Public Interest District zoning for all Duke Forest properties.' Gerald Featherstone spoke representing Haw River Assembly, which was formed in 1982 for the purpose of restoring the lands and the waters of the Haw River Basin to the most elegant state possible and listed the organization's goals: 1) wish to protect the aesthetics of the valley 2) wish to protect the lands along the Haw River Valley 3) wish to upgrade water quality 4) wish to protect the wildlife along the Haw River. He noted that clean water is a very important issue and development pressures are becoming greater on the Haw River. He encouraged the concept of the Public Interest Districts and further encouraged that present efforts be increased and maintained to protect water quality. He asked that the Orange County Boards also encourage Durham and Alamance Counties to do more for water quality protection and control. Martha Klopfer presented a prepared statement (attachment to these minutes on pages~~). Howard Loren, resident of Roxboro, spoke in favor of Public Interest, 3~8 noting his own use of the Duke Forest lands far research and recreational purposes. He expressed concern that land is condemned ~ in the public interest for power plants and easements and felt that it is time that land be taken in the public interest far other values. Planning Board Chair Jacobs asked Max Wallace about reviewing Duke's sub-committee reports. Mr. Wallace responded that those reports would not be available until the Board of Trustees made its recommendations. Commissioner Willhoit moved: 1) that the public hearing on the PID be continued to provide an opportunity for Duke University to present the results of their studies for consideration by the Planning Board and the Board of Commissioners; 2) that the Planning Board be requested to recommend at the Board of Commissioners October 3, l98$ meeting a process to work with Duke University in preparing and reviewing their recommendations; 3) that the public hearing not be continued beyond February 6, 1989; and 4) that Orange County accept Duke University's offer to not initiate development of the designated lands prior to March 6, 1989. Commissioner Carey asked if the motion was recommending a process beyond that already in place far Planning Soard deliberations. Commissioner Willhoit responded that because of the importance of this issue to Orange County that the County should try and engage in more of a dialogue with Duke University. He felt that continuing the public hearing would establish a better working relationship with Duke University. Commissioner Hartwell stated he felt it is unrealistic to expect recommendations from Duke University by March 1989. He continued, that he felt the most constructive thing that Orange County can do is to make a clear statement about the role the County feels the forestlands should play in the future of Duke University. He felt the appropriate action to take would be to zone Duke. Forest properties Public Interest Districts. Commissioner Willhoit responded that he is very much an advocate of the PID and Rural Buffer and he felt the larger issue to be addressed is to establish a relationship with Duke University. Commissioner Carey indicated that he did not feel the change to PTD would prevent Duke from ultimately accomplishing the goals that it desires for some of its properties. 319 Motion died for lack of second. Commissioner Carey moved to refer all the Zoning Atlas amendments to the Planning Board for a recommendation to be brought back to the Board of Commissioners on October 3, 19$$. Seconded by Commissioner Halkiotis. Vote was unanimous. 3. Zoning Ordinance Text Amendments a. Article 7.20 - Planned Developments (Mobile Home Parks - Size Limitations) Staff presentation was made by Mary Scearbo. This proposed amendment is to clarify the_ intent of the 25-acre maximum limit oii the size of mobile home parks. As worded separate parks may be permitted adjacent to each other under separate permits in 10 to 25 acre increments. A request was received from Wood's Edge Mobile Home Park to expand through a separate Special Use Permit and the total park acreage would exceed 25 acres. In the course of review, the County Attorney .raised the issue of acreage. It was his opinion that the ability to extend mobile home park areas through separate permits could not have - been the intent of the ordinance. The Ordinance Review Committee "'"' concurred with the County .Attorney's interpretation. The Ordinance Review Committee recommended that the amendment be presented for consideration of removing the 2S-acre cap as recommended by the Low to Moderate Income Housing Task Force. The Committee further recommended that: 1. If the cap is not eliminated, then a minimum distance of separation should be established between mobile home parks; and 2. Consideration should be given to a limitation on the number of units per park in addition to or in lieu of the acreage limitation. The Planning Staff recommends that a policy decision be made to address the underlying issue of whether the County desires to have smaller parks distributed throughout the County or Fewer parks or greaten size and that the ordinance be amended to reflect that policy. ,i Roger Dale Stephens, owner and developer of Wood's Edge Mobile Home Park, expressed concern with the burden placed on young couples due to the high cost of land and new house .construction. Mr. Stephens continued, asking that the recommendation of the Low & Moderate 3~a 4 Income Housing Task Force recommendation be considered and the expansion of Wood's Edge Mobile Home Park be considered as part of a solution to the housing shortage for those citizens in the low and moderate income bracket. Commissioner Willhoit moved that the public hearing be closed and the item referred to the Planning Board for a recommendation to be brought back to the Board of Commissioners on October 3, 1988. Seconded by Commissioner Hartwell. Vote was unanimous. Subdivision Regulations Text Amendments a. Section IV-B-8 - Landscaping & Buffer Requirements Planner Emily Crudup responded to the question of the purpose of the amendment. She noted that the purpose is to provide consistency between the landscape requirements in the Zoning Ordinance and the landscape and screening requirements in the Subdivision Regulations. She continued, noting that sections from the Zoning Ordinance had been incorporated into the Subdivision Regulations, the schedule of required buffers has been simplified to make it easier to enforce and to comply with. Some waiver provisions have been added and the requirements for landscape plan review and approval. c. Section IV-B-3 - Streets (Street Name Signs) Dick Helwig asked that the Board use its power to insure that developers put up street signs within their subdivision projects. Marvin Collins, Planning Director, stated that agenda items 6a & 6b (Flood Damage Prevention Ordinance Text Amendments) must be addressed tonight due to a deadline with the Federal Flood Insurance Administration. e. Section III (New) - Application and Approval Procedures Planning Board Ghair Jacobs noted those changes asked for by the Ordinance Review Committee's recommended changes to this proposed amendment. f. Section V (New) - Specifications for Plat Drawings -,~ s Commissioner Carey expressed concern that the specifications were so numerous that they would obscure the basic intent of the plat. Marvin Collins, Planning Director, responded that it is not that more is being required but that it be more specific. All the information does not have to appear on one sheet of paper; at times there is a second and/or third sheet with portions of n ~~ --~ the information. Collins noted that the first draft was reviewed by a surveyors organization { and this proposal is based on information received from that organization. Guido De Maere, attorney, spoke on behalf of the real property section of the Orange County Bar Association. He noted that the association had serious concerns about some of the plat requirements noting that the purpose of recording the plat is to have land records. He expressed concern that the plats were becoming impossible to read and distinguish property lines. He also had concerns that requirements would be changed and thus, at some future time, some of the information on a plat would na longer be applicable. He noted that overlays could be created through the computer systems for plat records. Jacobs noted that when a plat is recorded, those conditions on the recorded plat are never changed, they remain a requirement on that particular plat. County Attorney, Geoff Gledhill agreed that changes in the Ordinance would not change an existing recorded plat. If an amendment or change is proposed for an existing development, then an amended plat would be recorded. He felt that mast of the requirements on the plats were site specific. Thomas Ramsey, representing the Northwestern Triangle of the North Carolina Society of Surveyors presented a prepared list of comments to be reviewed b staff (an attachment to these minutes on pages ) . 3 ~~`.~45 Hartwell expressed concern that sufficient attention and review was not being done due to the lateness of the hour and the inability to concentrate sufficiently on those items. Commissioner Willhoit moved that items 4a, 4c and 4e be referred to the Planning Board for recommendation and hold the public hearing on item 4f until September 6, 1988 at 7:00 p.m. Seconded by Commissioner Hartwell. Vote. was unanimous. Agenda items b, c, d, a and f under Zoning Ordinance Text Amendments, agenda items b, d, f, and g under Subdivision Regulations Text Amendments, and agenda items a and b under Private Road Standards Text Amendments were continued to September 6, 1988 at 7:00 p.m. by consensus. 6. Flood Damage Prevention Ordinance Text Amendments a. Article 2 - Definitions (Definitions of "Existing Manufactured Home Park or Subdivision" and "Expansion to an Existing Manufactured Home Park or Subdivision") b. Article 4.S - Manufacture Homes (Elevation of Floor Levels in Existing Manufactured Home Parks or Subdivisions) Staff presentation was made by Marvin Collins. The proposed amendments will add definitions for "existing manufactured home park or subdivision" and "expansion to an existing manufactured home park or subdivision", and a requirement that all manufactured homes to be placed in or substantially improved in floodplain zones shall have their lowest floor elevated to or above the base flood elevation. The amendments will have the affect of restoring the grandfather provisions contained in previous Federal regulations. Commissioner Halkiotis moved approval of the proposed amendments. Seconded by Commissioner Carey. Vote was unanimous. With no further items to consider, Vice-Chair Moses Carey adjourned the meeting at 12:10. Those continued items will be considered at 7: 00 p.m. on September 6, 1988 with the regular meeting held thereafter. The meeting will be'held'in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Vice-Chair Joanna Bradshaw, Administrative Assistant Beverly Blythe, Clerk to the Board M E M O R A N D U M TD: COUNTY MANAGER $pARD ~F COUNTY COMMISSIONERS PLA,N2~IING BOARD FROM: PLANNING DIRECTOR ~'' {5 1 3 ~ 3~. RE: MP-I-88 UNXVERSITY STATION ASSOCIATES (Analysis of Prapased Comprehensive Plan Amendment) DATE: AUGUST 2D, 1988 GENERAL D'F'S~F~I?TION The p~Dper~y in question rs located saunh Df she SoLthern R2ilraad on bola sides of Owd r.C. ?D (SR 1710). t:. is 'rnawn zs lon 20 cf Orange CoL,1ty Tai: ?,ap 27 - Eno TDwL~S,G.'_D, and 1D~5 47 and ~$ of Orange GDUn:.y Tax ?`faGp 26 -nD 'I•ak*ns~ip. The Dr open 4y con~ains S73 aces or 2~, D47 , DDO scuare feet. Tire property ~ronus on New Gape Church Road for c cis~ance of 290D weet., and on Old N: C. 10 =ar a c_s:.axace cf 4920 fee:.. The cu«ent zooming aesicrlauian cf the prcpe~y i,- 1 Resinential. The ED~~ 1Gant S rt8Q11°$ ~1~Q t1:1G~.. ? DD acr ~S Cw the praaeruy a~~ n"re innersectiDn cn Old 2:. C. 1 D (SR 1710) znd l~ew iioae Church Raad (SR x723) be -e-cesic:la~ed wn ~.he ao and C:lzael Eill Tav.»5h~D Ca:nDOnsn.s of she CDmn_ e~aeT:sS.ve Plan =ram Rurzl Resiae.luia?, Ac.icult'~ral use, cnd Resource COD5e_ S7G ~2Dn r0 r'en-Yea "'~ a*~S ~ :.~.On . T *1e _DL'G`D45S D= ;..le r k:Gl]eS ~ w5 ~O c~ ! OW ~17e G~~frGc:::. ~D 1Tiat.e anrl? CaYiOn ~ar zpprDvai Cf a vlanned resiaerl~ial and golf co1-;uzur_~.~y. APPLICA'w'ION R.;,QUIR'E*SMr"^5 k~alicFtrDn rea~:__emerns wor a CoT~renens_vQ Plan amenamerln a;e ca.l:.cined in ~~ticles 2 and 20 cf ~t~e coning Ora~nance ~~ 5 4ea ~e ~ OW G.rE one ~ eo'~ ~ eme111..5, and ~7e Plal__ng SSG=_ =espoTse to i=.foT~st_or. supp'S.ed by :.ne Y ~~ ~~ a~nlicant. Im octant a livable rovisians and the S~n`f r~s onse are hi hli hted in bold letterin . xcle 2.2.14 states the reasons for which the . 1. ~~ Comprehensive Plan may be amended. a, Because of changed ar changing conditions in a particular area ar areas of the Coun4Y% (The applicant has cited the changing nature of the use of the property as one reason for amending the Comprehensive Plan. A dairy farm that occupied part of the site has been inoperable for years. Although shown an the Eno and Chapel Eill Tawasheiclassification was plans as agricultural, based an the use valueedeo~9ivniof thet~e property. 'While a larg P property an the. north side of pld n•~6p~acre leased for agricultural purposes, tract on the south side of the road is available far sale. The availability of large tracMs af.land which can be combined into a larger parcel provides the applicant with the ability to "master plan" tho en~chanacteana~~ which preserves the Ural, p the area.) b, Ta ca_rect an error or omission in the Cam~rehensive Plan; and (No`e`"rai ar omission in the Comp-ehensive - Plan has been cued.) c, In resvonse to a change in flo?icies, abjec`ives, principles or s~andares governing the ~nysxczl daveio7men~ oc the Caun~y• policies, objectives, rrinciples (Na chance in ` ar s tandFr ds hes been c i tee::. ) f i wean principal 2, ~ A`-ticle 2.2.1.2 differentiaues bet and secondary amenrments. " ~ ~' ~~ PrinC^pal emendmen`~s iacluoe: a. Addwtwo^s ;.o c= mocificF-io^s a_ policies' - a:,ject::ves, prin^ipies c= s .G:ZC+GfC+s; ('T'!'_w5 pray-ion 15 nay G~p~icable• ) b, 'w'he creation o= new actvi=y noses o=v.,_ic~ aadi~ions to e~_is~ing acM;vi~y noses ,^ ~' . exceed men (10) acres in fend a-eG; c= '~ (This provision rs not applicable.) w f}eestanding plan areas or c_ Proposals nor ne - areas ;.hat exceed one addi:-ions to ex~st~ng hundred (100) acres in land area. (This provision is not applicable.) 5ecandary amenanr,ents include ansion of an activity node where the a, The exp additional area is cantiovousst~and area~nyg node and does not inczease more than ten (10) acres; (This provision ~s not applicable ) b. The expansion of a designated plan area where the additional area is conandudaestnathe existing plan designation more than cne increase its land a='ea by hundred (1D0) acres; (The applicant is proposing the expansianoved an existing Ten-Year Tr~nsit5.on A~naoePPgi~l as paw of the update a~ Eno and ve Plex~ the Camarehensi Township components of+a e~Y in cuestian is an July 5, 1988. The P P cQnticruvus with the Strayhes denial. Subdivision, an ex^s,.ing Transition development lac$ted ~.n a Ten-Yeaz Area. The proper tV i5 COn~li7ua1=5 ~a~ - a distance of approximately 75D feet along the Southern Railroad. _ L A rez"iew of ~'he ac=eaae aesignated Ten-4ea= n the plicatian indicated =ha" Traasitian w ap exceeded the one the prope~y in cues tian ( See Att exx~ A- ) hundred (1DD) acne liri=- of the ~ch~~epancv The applrca.. t .was notify-ed to and the Transition Area designation amended th the ^ecuwremeyt. (see Attachment -spas canfa.-m w:. the orig_aal p- 1 ~. ) The area $aa~.-n an reef, yes incluc~ng st_ T. t zled 116.1 ac~ , L r- ne ilroad, aad utility rich--s-O~ Wav- iac].ucing eS"1Se0 p: apa5al :.o ~ls 4 ~ " ~, a~re5 ~ Was X11 ~iChtS^ay-way. The r~GUCtj.On M,p p~apOSed accomplished thrauch sF-Resource Conservation ''!~-ans i tiaa Areas out p- r --one areas ). Arens (steep slaae and wlaad p- It should De noted that a parcel located an `~~~ .~ 4 the east side of New Hope Church Road (Tax Hap 5.26..20A - 0.~2 acres) was not referenced is _ the application and therefore not advertised. The use of the parcel as part of a Transition Area would not be permitted without another public hearing and the approval of the Board of Commissioners.) c. A correction of an error ar omission; or (This provision is not applicable.) d. Revisions to any fac:.ual or aescriptive material. (This provision is not applicable.) 3. Article 20.3.2 also-recuires the submission of the fallowing additional infartnatian: a. A fully dimeasianed map at a scale of not. .less than one hundred (100) feet to the inch showing the land which would be covered by the proposed Comprehensive Plan amendment, and $ legal description of the land; and (Given the size of the property in question, a map at a scale of one (1) inch ecuals two hundred (20D) feet ti:as provided in lieu of the .. _. map specified above. The map also provided a Coacegt Plan of the entire project (see Attachment C), sha~:ing residential areas, a nropased gaff course and public park, and . proposed lakes. The applicant also provided the required legal aescri.ptrons of the property and a composite reduction of props=ty maps showing the tract.) b. The maaaer in which the proposed amendment kill carry out the intent and aurpase of the _ aaopted Comprehensive Plan. (The applicant has cited is the aarrative the consistency of the proposed su,ead,ment with the kecreatian and Packs dement of the Comprehensive Plan. As part of that Element, a community nark is proposed is the T.]ni versify Station Road area of Eno Tok-ns::ip. '-"he Recreation and Parks Element also cites the neec for two (2) is-hole oalr courses aad five (5 ) nine-hale or paw 3 co~:rses by .the yezr . 2005. (See Attachment D.) '"he proposed gol~ course and park site as spa:a~n on the Concept Plan are indicative of the manner in which the 3~~,. 5 proposed amendment is consistent with both the intent and purpose of the Comprehensive Plan. The applicant has also cited the manner in which the proposed amendment will be consistent with the rural character of the area. Within the context of the total 575-acre site, 25D acres (43$) have been designated for lakes, a park, and a golf course. The amount and lacatian of proposed open spaces presezves the rural, apes character of the area. The development of the total site at a density of approximately 1.5 units per acre will also be in keeping with the low-density character of the area.) GDMPARISDN WI^~''A ~,OCATION STANDARDS In an analysis of a Comprehensive Plan amendment, the x~eauested designatiaa is evaluated for compatibility with .the applicable Locestiaaal Criteria is Section 3.4 of the Land Use Element of the Comprehensive Plnn. In the table belak, YES means that the area being evaluated is compatible with the location al criterion. ND means that it is not, Additional explanatiaa is provided where the response is not a clearcut YE5 ar NO. ]~q & 2D ~ea~ Transition Criteria Land S1ar~e. No significant slaps ar topography problem that would unreasonably increase the cost of extending water and sewer lines, Pvdrolacv. Located outside of 1DD-year Flood prone areas as ident'_fied by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a t'v'$lustion F^S . Extensive areas of steep slope (~15~) lie immediately north of the subject prope~y. There are also scattered areas of steep- slope slang Old N.G. 1D, fiawever, the twenty-year sewer olaas for the Tvwn of Eillsbarouch depicts a force main tarthe southwest of Dld H.C. lp '"~S, The southeast bor_ndary of the proposed Transition Area is Stanev Creek. No aortian of the revised Traasitwan Area is located in wload prone at ea5 . TJrSTIDhABL~. No unique ar endangered saecies have beep identified an the ~~~ ~ -- 6 threat to uaivue or endangered species as identified by the State or Federal gaverna-ent. Soil conditions. Located in areas where general sail conditions are suitable far urban uses because of good drainage characteristics and load bearing capacity for site development. Public 5ewices Utilities. Located in areas which are ar could be reasonably and efficiently served by centralized public Services and utilities. Trans a~-tation Svstem. Located in areas tha.. have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdict3.on. Enex-av Use. Located within less than a 5-xciaute commuting time from small-scale commercial uses and a 5-10 minute commut~ng time .from major commercial uses on an Urban area. Ex~stiac L~.nd Use. Located in areas which axe in transition Pram moral or lam-dews_4y uses to rwban ar higher density uses. Acx'icr~lt~:re and Fa--estr'v. Located away Pram a=eas where development would have property. The Eno Division of Duke Forest is west of .. property. Rich, mesi.c ,~^~~ forests are located on the site. YES. A band of alluvial sails bordering the Stoney Creek flood plain is located outside the revised Tramsitivn Area bounda~-y. The predominant sail type is Geargeville which has slight to moderate limitnti,ans for building site development. YES. The area is proposed to be sex-ved by a sewer farce main and gravity f1.vw system. Water ].fines al~eady exist to the north in Strsyho~ E;lls. (See Attachments E and F.) Y~S. Both New Sope Church Road and Old F.C. 1D are designated as collector roads in the Land Use Fiement. Thauah not needed, tine Souther n Railroad borders the northern portion of the site. (See Attac"nment G. ) YES. The site is w;. thin a S-minute drive of small cammerci~.l t.ses at the a-ES/Dld h'. C. $6 iater- sectiaa. The s:.te is also within a S-1D m'-note drive of Durham or Chapel Pill. *JES'_^tp2nA3LE. Ar"'ees to the no-th (S:rayha ~^ 'Fills) meet this criterion, but the rer,sining areas surrounding the ~prope= t:' a~e ri:..al residentizl ~n nature. U~'~''' ~ DhAAL=' °^he s::te in cuescian ws~the onlµ* ~oarcel currently under .. , - use value. taxation for • act an a..detri:~ental imp ~ aari:cultt:al pu~Poses in - ~ p=oduGtiVe b.gricultural uses . the •area. Xn addition, ed wrest.--.land... and mana:9 the productive portion of the site is. to the. . : ... arc 1 of •old N.C. 10. A p • to the south of Old N. C. • 1D is advertised for sale. - .. - . . Located - Poaula~ ti~,Dens~• _ YES. Areas to the north - (gtrayhorn Sills) and • in.. areas .~iith macerate to. naxthwest along old N. G. - high.papulatidn densities-. ~~ l.p meet this criterion.. .... .,... _. _. -. .... UE-STIdNABLE:. Tbe` Eno• • ~ .:~j sty ,off ;~.~~'~nd.'Cu1~1-.~ is...... u. a Fox•est. sian of D k . .Dv~ - _ - - :as r -~~ . r•Y _. ~~ .•f~~.r..~.. ~..'' ~ . - - _ ~.{ - as - - `.h - .. would _ meat": ... ~:~rher~:: ~ev~ZoP . -_ `. - ~ .' e , _ .. `~b=~~n: =.nclude~.d- :i:n~`::~b .-. _ - .. knve' ;~ detria~exital mpac`~ .. ~ r , }. • • eas .Inv.=e~ ~ .v,='y. . - ~-~la•~u~al.x-.r . . .... L r Feaeral lY .:.. o~:`~.~a,,.e:.o~ - '.due t.o. richr mesi•c~... '~:ackaawledged'•hi;sta_ric::... " fores:ts.- aawever~ .~.1SD~ ~ •' ounty- .... cultLi,za1 Sites. or C _ fast Duke Power'~asgment }'~ - - -- :.::nea..w.._ied Public.. Iatere.st - ..:end ~. overhead .elect.r~ic..~.. . - - - ea~.:=::._... - - - - - , "~Afi - - .. - Y t= ax~.smissia~. lime ~ power _ - ~: a _:.aronased bisec..s~th - - _ - - .. . R-rea',: Gr OsSeS ,:'. . . _ T= all5it~dn ~ . oad, az~d u r ch ~ Gn ew ~oae • - ,a~.,;rya -~~,.; ;~: - - s¢ Y`~~;~. Qs ~ ~{p ~~' :.~~-;'~ ;~.~~~~ ~ria~ ~"' ~i ~ .. ~ .... e c botindery of • _ - ... - . . • - Dit*~.sian Given.:the line w _ _ _ . - _ .. _ er _ .. presence . of tie po • - - _ - - - . ... - enaen : and bu~fe.f -. eas - ' ~ -. - - .. le to b ~ cL~remen ~s a•ot.la.ca - ~e ... ... ..... - ....... -, - - .. aie:.ts,• .the anned nevelo~a ~~ -. _ - - _.- - - -- - - , iinnatt a~ Mhe .p~coased• • ,. - - _ ,.: _ - ~ - - - - - -- --. - ~ meat ma be.. .. . . aeve~lap Y _- -- _ - ... - - --. _ - _. i ~ bl e. - -.. neG-ic- _ • .1 - ..r .. - ~ e. . -. . ';'~:e:~.':: ~. J : .;. - `fir -.k _ - fir, ~..« ~ _ _ ~ ~. _ - - - - 1 7 - - :.~:.:. ~•.+_:~ .. .~. r~. ..::.,... %~.:. r ... ,i~ -r' ,. ,. •~l-. ~ali7 ~.r _.. :- • '~. :. _ "*''!" " =a. 'ti: •• _ .:~,. - - - ~~ ... } - • -ti _ ~q~, ~ i•~ - _ .. . ,.;;.,~, r.. ,;fir:.::. ~ .:: .,r ...~ __ - - v3`e== - ----- c~i e ~ ~"v __ _ _ n a ...~ .:... ~~~` the (5e~: ; A :.~ . - . - _ .. ..--- -- ----- - _ _.. ---- - - - e~ .50f~ . COn56•~v~~~~. r 3 =ram the _ Totirn<• _ 1 --oz i6e - y~d,~~.~t.:_r.) ~i''.1e~;~er z.;:as ~~.:. - :: t.;::~. -- - :~A~i . z~~o. p~ 4 :or fnc:.ple .G'` ...the. - - - - Kr, ~ - _ ... .... - .-:n..1 Ga4 ~.r. - ..: . .. ~s;h:a~ a - - ~-se..-..~. ( - .: `~~.:~, - - - er- - >..., .. .. -. t., a :-y..... -. - _ ~~i3~:, sew .. .- . ,. ....~ •rri_<•~~•.<:~.~ :;:.r:_.. Lam= - .. .~ . ~. ,~. , ;: ear.: 'ms's.=~~ _ • ~,'-; .. - - J r ~-• - ,~.. .,~+ ~N,. _ '~. .~.r, '.~ -k }'r ~f _ - -•~i. _ - - - - - :mss.. '~ ~ .. - - - - ~~ _~ .. _ - _ _ _ -mcb_ ., -. ... ...~.~ _ -. . _.. .,•: ~} ttorne hzs inda.cated twat civec....h~.. . 1 __ ~ y - C.ent~ a'! .:Orang.e Coittty. acs. na adGitianal aublic wa..er 9 - _ -available. and tfle :County has . a poi.icv arahibitin one extension o~, h.u~lic~ ,wat.er.. and -sewer int.e otne= than 334 t 8 Transition Areas, the availability of public water and consideration of the entire area (575 acres) are necessary for a favorable response from the County. This pasi~iaa follows as earlier communication (J2~eYuse) (the Tau,rnrafr to sure additional water customers, Eillsbarough) will have to obtain a commitment from some other water soura~issianersimeening canceraingac~apacityause. at the July 19 C RECOhQ.S£NDATION _ Approval of the proposed Comprehensive Plan amendment is recommended far the following reasons: 1. Alth~u9alternativesnforftheedevelopmentaafethere soon , total site (575 acres) exist. a. If the proposed amendment is e,ppraved~aadthee availability of public water i.s assured, designated Transition Area (91 acres) may be developed utilwzing public water and sewer and the remaining 984 acres (exc~.vding open spaces) developed utiliwing ird~-~'~-dual wells and septic tanks.(Aa option is a community low-pressure ground absorption system if tine klteraative Systems keport proviaes a positive recommendation.) b. The proposed hates-Sewer Policy may be amended to address "maser planned developments" of a ce=taro size, w7~ere camnanents of the. Comprehensive Pls.a axe impiea,ented, and the character of the area in which the development rs located is preserved. Such a policy would allow the majority ad a site to be retained in a lvw-density plan or zoning catec.cry while elirLinating the gong-term potential far septic tank f ailLres. The applicant is . a:~are that unless the y+ater/Sewer .Policy is amended ar the use of indit ideal wells and sea tic tanks is Soucht, the ~oaly option- available is s::amissian cf a recuest to :-aclude the tata.l tract (575 acres) in a T'raasition nrea- 2. Seven (7) er the eleven location standards far analication of the Transition At ea desicaatwan have been coaplied urth, and the remaining standards ataezr to be met, cansiaeriag speci^ic situ features and/or mariset canditio: s. The site i5 3. Concitions in the area axe Chancing. the only major agricultural tract in the area, and 9 ? X3.1.. its continued use far agricultural purposes appears - ~ limited, considering the availability of a portion _ of the site far sale and the curzent lease arrangement far agricultural purposes. The _., alternative to a "master planned development" is the continued development of smaller tracts in a "piecemeal" fashion. W~ Marvin Collins Planning Director STATEMENT OF JOHNNY KENNEDY FOR SUBMISSION TO THE ORANGE GO(Ih"iY BOARD OF COMMISSIONERS AND PLANNING BOARA FOR CONSIAERATION CONCERNING THE REZONING OF THREE PARCELS BELONGING JOHNNY KENNEDY FROM GC-4 TO EC-S DEAR COUNTY COMMISSIONERS AND PLANNING BOARD: I moved to Orange County in 1985 with the specific intention upon purchasing the property in question of running my business there. Since th time X have.been involved in manufacturing and selling parts for s of buses, doing mechanical work on school buses, refurbishing school ses, selling used buses, selling used parts and remanufactured parts for buses, repairing and servicing electronic blinkers for school buses, and assembly and packaging operations for out of state and in state delivery. I sell school bus parts to every county in North Carolina, I sell directly into five states, wholesale into 10 states, and have WATS lines which incorporate all of the united States east of the Mississippi River- When I moved to Orange County I specifically chose this site because of the way it was zoned. Since that time my business has grown and the space seeds of my business have grown. In 1985 I did $x+04,008.00 5.n gross sales, in 1986 $479,151.00 in gross sales, and in 1987 $506,809.00 in gross sales. Our projections for 1988. are at least $550,000.00 in gross sales- -- Orange County school buses have purchased from me an a regular basis, rebuilt differentials and transmissions, I have sold rebuilt. front-ends to Durham County and Wake County. 333 I have tried to satisfy Orange County schools many times on short notice. When the school buses were vandalized over Christmas same years ago we opened on the weekend in order that the Orange County ~..-.:~cl bus fleet could be back on the road and functioning as soon as possible. In 1987 my company paid $8,949.63 in sales tax, a portion of which returns to Orange County for the benefit of Orange County. The property taxes that we pay to Orange County will total for 1988 $1,264.18. My campany employs five people full time. I have attached to this statement a petition signed by at least 15 people in our neighborhood which have no objections to my operations or my continuing to be zoned as GC-4. This includes people who are in residents near my property, and share Laurel Ridge Road. In order for Orange County to prosper growing businesses need to be nurtured and allowed to grow. a) Zf I am rezoned from GC-4 to EC-5 I will no longer have the right under the P-5 classification to enlarge and expand my bus terminal and garage operations. b) If I am rezoned GC-4 to EC-5 I will no longer have the option under the 5-19 classification to request a special use permit in order to carry a more complete inventory of bus parts. c) If I am rezoned Exam GC-4 to EC-5 I will no longer have the right under classification S~-37 to enlarge and expand any electronic repair service that I do an premises far the flasher units for the Orange County and other bus systems. d) If I am rezoned from GC-4 to P.C-5 I will no longer have the right under classification 5-55 to expand and grow in my assembly and packaging operations. .~~34 - These four classifications are the heart and sole of my business. I have attached to this petition a letter from a realtor showing that the- value of my property will be decreased by this rezoning. While I am not arguing that the commissioner's don't have a right to zone property as is in the best interest of good planning, I feel that I am injured by such a rezoning as this. I respectfully submit to the commissioners and the planning board that mine is the only commercial property at this intersection which has been subjected to this rezoning and that all of the other commercial uses on the north side of U- S. Highway 70 have been allowed to remain within the commercial, industrial, and transition node. Why is my property any different from theirs; X feel that I am being treated prejudicially! I had no specific notice about the change of the node shape at this intersection and I assure you that had I known of it, I would have sought to keep this from happening. But it has happened and I am the one who loses - not those people who live in residential houses within the new node - an existing growing business moved here specifically because of the zoniag is now .told it can't expand in areas that are the heart of its operations. I would ask the commissioners and planning board to consider strongly that performance standards and the major transportation corridor requirements can be used in order to protect the people around me from any kind of problems resulting from the use of this property under the GG-4 classification- I want the members of both boards to know that x will do everything possible in order to protect my business and to insure that my business will be an asset to Orange County, to the people that work for me, and to the people that live around me, and indeed to all of the people who use my services within this state and country. ~~~ Thank you for your cansideratipu a...• - ---- - entered into the minutes of your meeting- here I would Tike to respond to any reactions or thoughts While I am up you may have about what I have said. Sincerely, NEDY 336 Council & Hampton Real Estate, Inc. 1 BQ9 Chapel Hill Road Durham, North Carolina 27707 'rekphont (919) 469-7461 August 22, 1988 Orange County Planning Board Hillsborough, N. C. Dear Sirs: ~~ ,~ ir`ru In November of 1984, acting as agent for John M. Darner and Samuel W. Darner, I sold a parcel of land containing approximately 10.14 acres to John R. Kennedy and wife, Helen W. Kennedy. This property is located at the Northeast intersection of I-E5 and Highway 7D in Orange County. The land at that time was zoned by the Grange County Planning Board as General Commercial, GC-4. Mr. and Mrs. Kennedy purchased the property in good faith, assuming that they could conduct their business and expand it in the future, if the opportunity presented itself, since this would be allowed under the permitted uses in a GC-4 zone. The Drange County Planning Board proposes to down zone the Kennedy property from GC-4, General Commercial zone to a EC-5, Existing Commercial zone. Under a EC-5 zone, there are approximately 31 less permitted uses of the property than under a GC-4 zone. It is my understanding that the Kennedys will not be permitted to expand their present business under the EC-5 zone. I believe to down zone this property would drastically reduce the Value of the property and restrict its resale potential. In my opinion, the highest and best use of this property is best represented under a GC-4 zoning. Very truly yours, James W_ Warren JW/w AUG. 16,1988 AND LOCAL THE UNDERSIGNED NEIGHBORS, PROPERTY OWNERS, BUSINESS OWNERS, HATE LOTOS+,,24ATI04BT0&TZQCPRgPTTER KNOWNHA Y'r.HE R, & HELEN W. KENNEDY OLD PLEASANT GREEN NUISALRY PROPERTY REMAINING AT ITS PRESENT ZONING . AS GC4 CONLtriERC ~~~ ADDRESS OCCUPAT ON NAME DATE ~ /9~ ~~ ~~~v ~ ~. G ~ / 0 3~ ~ a~~.~ k _,~ ~ ,~,~- .~ ~~ J~ ~° ~~ ~ ~- ~J r i~ J~ ~~ ~~, ~ rte' ~~ ~ 2 ~~~Z aa6~ ,~~,~„u. ~~t ~9 S0f'NYS FOOD f~lAR: ~~.-~~ ~~~~ ~ ~ ~~ M ~ ~~ ~ ~ ~ a ~~~~ L~i~ ~_ 1J [~ ~n Lam" ~G~~~~ ~~ ~- j~f- l ~ ~~x ~ ~~_~ ~~~G~.~C oXa~q-~~~.~~~~-~~H~~....~a ~., ~ ~ ~.~-` jL-~- ~. ~-b g-~ ~~ I~ /- ~~ P~ ~ ~ /; ~, ~~ rte, ~. ` ; J . ~ ~~ ~ - ~..~~ ~ r s ~. ~ ~. ~ ~ _ ~~ ~; ~~~ ~, z~ . ~ ! ~s~--~.~. ~~, ~a } ~,~~.ti . ~ ti ~_. .~~~~.~, Regional Groups in North Carolina BLiE RIDGE GROUP Home I~1RUAn 131`'£R GROUP Shclhy CAPE FEAR GROUP ~1'ilminFtun CAT'T1 Al. GROUP }~elriEh Ci•:~:ruAL PIl"lltilO\7' GRUUP Cher lone C0.4STAL GROUP ?rru% Sern C~'YR1~S5 GROUP Grcenvil)e FOOTIiILLS G1~tOL7P ~l'inston-5elem x>;AU»'~.T>rr~ GROLtr I7,srl:.:m Ii()>;.y(-L itiT.rr.ART c;rtvLP F-. ~;;c~•illc I']EJ)la1U~ i YLATEAII GRUi~r Grrtnshnro RESEARCH TRIA~GL£ CRO['•r ChaMl iiill sA~uTart.LS GkDUP 5~~uthrrn •'inrs (:RUI:p $n.nn Ciq• SOL"TH ~1UU\TAl!~S CRUI~P ~1~~r~:,n,nn h~hc~ ille August 22, ]988 Dear Orange County Planning Board and County Commissioners: This ]attar is to inform you of the strong support of the Sierra Club Fesearch Triangle Group for rezoning of Duke Forest tracts, Eno Fiver State Park, Corp of Engineer ]ands at Jordan Lake, N,oorefields, Orange-Alan,ance v;ater System lands at Corporation Lake, lard okned by the To~+~n of J•Iebane at Lake N,ichael, and designated UNC lands to PID(Public Interest Distract) zoning. Tt,e rezoning of these lands to PID kill prohibit commercial, industrial and primary residential construction khich wil] help preserve them for . education and limited public use. Please allati"T me to focus on the Duke fiorest tracts to be included in this rezoning khich are unique in their educational value. Sections of Duke Forest to be ir,c]Lded in this rezoning ti~ould be the 520 acre Eno Division, the IoDD acre B1ackHOad Division, the 65D acre }3i1]sbornugh Division and the 2D00 acre Korstian Division. PID zoning Kill. help protect 4170 acres of environmentcl]y sensitive and educationally irreplaceab]e land in Duke Forest xhich lies in Orange Cvunt)*. Current research projects in Duke Forest total 1.1 million dollars annua115'. In addition to serving the School of Forestry and Enviranmenta] Stud}', Sotarty and Zoology programs at Duke Uni~'ersity. these Duke Forest lands are also key research facilities for the University of north Carolina at Chanel Iiill, 1;C State University, the L'S Forest Service and the Environmental Protection Agency. Tn nGlarc, rnioy, a>ud yrouu the wild piaees of il+c earsk; so pracnu as+d pro+~ac t!u resforuiLk vsr of ur wrth's ecosvstr~nr cnd sesc ~~$ ~ ~ECEl~~~ ~'zZ-~$ Route 7, Box 71B ~-~~ Whiteville, NC 28472 _ August 18, 1988 Ms. Shirley Marshal, Chairperson Baard of Orange County Commissioners Orange County Courthouse Hillsborough, NC 27278 Dear Ms. Marshal: Inasmuch as Y will be unable to attend the public hearing regarding proposed amendments to the Orange County Zoning Atlas on Monday, August 22, 1988, I am asking that this letter be added to the agenda and read in its entirety in my absence. A recent notification (the first of any kind that I have ever received) concerning planning and zoning regulations of the Protected Watersheds in Orange County caused me some anguish, It generated a lengthy telephone call to your planning department. From that, I received some regulations pertaining to Protected Watersheds and highlights of their main thrust. It now appears that the very fact that I and my Orange County neighbors south of old Highway 70, who have for many years resisted over development, are going to have a pay the price for exploitation by others. What I considered a security (if needed) for retirement, medical crises, children's educa~ion and such has now been diminished by what amounts to my (and my neighbor's) supplying c 1 can water to a large segment of Orange County's citizens. Somehow this just does not seem right. Would you, in your deliberations, please consider my plight, represent my interest, and in same manner lift or ease these restrictions? It seems to me that those who profiteered and over developed in years past should be the ones to pay the f iddier now. I appreciate your consideration and reouest that a copy of all further proposals for land use in Orange County be sent to me". Sincerely, Bonn R. Kennedy 4.1.A.17 swk ~~ tJ ~~ O ~~ ~• ~ :~ :'~`' ~~ rte'"-'~ ~;r •SitKk4+~r ~ ~`. [tux . f ,~ ~~y? ' Regional Groups in I`'orth Carolina BC.LtE kl!)C;E GROUP 13uonc H1tOAD KI~'E.R CROUP Shclby CAPE FEAR GROUP V,'ilminEton CAl'I1'AL GROUP k:slcigh ...~ The educational value to the private sector of lands such as Duke Forest and the Eno Fiver State Park should not be overlooked. Many Orange County citizens enjoy identifying and learning species of trees, -aildflowers, birds and other plants and animals while hiking through these lands. CE:1'TRAI, The Sierra Club Research Triangle Group encourages your rICV>`1()~TGROUr strong support of the PID rezoning proposal brought forth at Ch:n~fone this public hearing. , COASTAL GRUUP >;rK•Becn Sincerely, CYPRESS CROUP Grrcnville FOOTHILLS GROLiP ~t'inston-Sslem HEAD~i•ATERS GROUP Durham Y.UP.ACfr F:LYH.4RT GI+UL'F • Favcut:~•illc PIEDAfOti'T PLATEAU GItOLT Greensboro 2ESEARCH TRIAtiGLE GROUP Chspel Hill SA~Al111.LS GkGL'P 5uuthtrn Pines GROl'P linsK+n Citt SOl'7•Fl A10i'\"CA11~lS cxot:P pt,+rgan~on ~~'FNO('A CROUP A~lteaillr Carla J. Ba11 Fesearch 7'riang] a Group Sierra Club To ezpbre, rnjoy, and protect t1u ui1d ploces of tnr earth; u prara.cr and promote tJtr rvponsillr vsr of fist earth$ ecasxctr»u and rest 34i Drange County Gommissioners- 5hizley Marshall, Don Wilhait, Moses Carey, Jahn Hartwell. and Stephen Halkiatia P. D. Hax 8181 Hillsborough, NC 27278 1619 Dollar' Ave Durham, NC 27761 August Z2, 1988 µy name is Laura Dray. First I'd like to thank the Drange Gounty Commissioners end Planning $oard for giving the public an oppawtunity tv address you re arding Q ~ rp 1 ~es ~~E ~ ~-i~ a the possible rezoning of Duke Forest lends fxom Rural $uffer (RH) end~R..1~ to Public Interest District. I come before you as a resident of Durham Gounty who is concerned about ail of the Iluke Forest lands in Grange Gounty because I see them as being pert of a regional picture. In other wards what affects Grange Gounty impacts an Durham County as well. We rely on each othCrs resources- such as land for recreation, too. The manner and location you choasc to develop or not develt7p Grange County affects us as well. What I mainly want to 0o into tonight is whatlirs curreLntly an the books and what you're considering changing the zoning ta.~ I suppo~ rezoning all of Duke Forest lands to Public Interest District and trill use your xaning book end Land i~se Plan to back up this eroument. Fat the aud~enCea' benefit I'd like to briefly ao.vver what the permited uses of land -are in a~.Public Interest DitriCt zone (PIA). The lit size in a PID zone must be at least five hundred thousand square feet (which is approximately 11 acres (Drange Gounty Zoning Grdinances page 5-3). In the PID there tray be the following usr^s-- Acccssaxy (which means secondary to a primary use; far example a storage buidling fore xesea_ch lab) (Zoning ~-11) ~~ ~ ~ Laura Dxey page 2 Botanical Gardens and Arboretums. Public and Non-Profit Parks (Zoning book 4-13), Governmental Facilities and Governmental Dffice Buildings, Water and Sanitary Sewex Pumping 5tatians, Nan-Profit Research Lands and Installations (Zoning 4-14) and Public Utility Stations end Sub-stations, Sketching 5tatians, Telephone Exchanges, Water end Sewage Treatment plants (4-13) How does the Public Interest District zone compare to Rural Buffer and R-1, the existing zgnesT For one thing the let size is larger. The souare faatage in a PID is about 2 times the permissible size as in a Rural Buffer exec, The PID is about 10 times the minimum dimensions of Rural Residential (hereto refered to as R-1) What uses ere permited in Rural F~uffer? Rural Buffer allows sinale family '~ , end mule-family dwellings as well as temporary mobile homes (4-11).In addition RB _.':;~~ areas can include bus passenger shelters, churches, Governmental prptective services (4-13), and achgals, universities, and colleges and institutes (4-14). Rural Residntiel and Law Intensity Residential ellaw for even greater develap- went (R-1J• R-1 permits single and 2-family dws'_linas, mobile homes, family care homes, and temporary mobile homes (d-11), bus passenger shelter, churches, governmenzel pratectlVe services (4-13), sirparts, land fills (~-13),.day care centers, croup acre facilities (a-11), pg=table buildings, cemeteries, community centers (4-13), za~io and television transmitting and recieving tawer5 and CleVated water stowage tanks, and tranamissian lures (4-14) in their baundar~es. Rural Buffer and Rural Resientiel include all of the uses allowed in the PiD except for Non-Pzafit Research lands and Installations. Ygut awn Land Use Pian offers bases tg justify wezgning the Auke Forest land in Gznage flaunty to Public ;nterest District. This Plan says that "the natural i. 343 Laura Drey page 3 environment is en integral component of the planning process." The plan goes ante say that the basic environmental goal incorporated into this plan is the minimization ox elimination of the negative impacts certain development activities would have on a particular natural system. Ignoring such potential impacts-will inevitably lead to negative consequences. Due to, the interrelatednees of our natural systems, such consequencec...would effect the general publit. This fundamental fatter requires an ewareneas that the natural environment is a prCtzaus resource and that responsibility far its protection end appropriate use is everyone's responsibility. Lnd Use Plan 2.2-1 When refering to unique and exemplary natural areas the Land Use Plen "sugoests that spatial efforts should be made to manage sites and areas with endangered plants/ animals, special plants/animals, plant communities, and exemplary geologic for- mations in Oranoe County "so as to conserve and protect those eharactexistics that make the sites biologically or geologically important. This ~ney include regulatory fi easures to insure protection or presexvstian of those features." (Plan 2.2.-5) Qne of the areas under consideration tonight is Buke Forest land in the Chapel Hill Township. When speaking of the Chapel Hill Township, North of the Joint Planning Area the land use plan states that "while earicultural and manaoed forest make up only a small paxtian of the area's total land area, they nonetheless provide an important component of the rural character much of the area has." (Plan 3.12-2) The fallowing ar hpolicy statements for the Chapel Hill Township nar-:h of the Joint Planning area-r` _ 1.The rural residential character of the area should be maintained and be the predominant land use. 2-3. Duke Forest ~ratts, which are s valuable research and teaching facility end are avaiable fo_ public use, should be protected from adverse development pressures. (and) ...should be protected from intrusion by incampatibie land uses. (Plan 3.12-6) -344 Laura Drey page 4 These policy statements axe similar to the reasoning behind rezoning some of the other areas of Duke Forest to Public Interest District. " You have already begun discussion Duke Forest and have token Same steps tm ta•+ards helping Duke preaefve Duke Forest as a natural area. The Commissioners have definitely expressed en interest in preserving Duke Forest gi an that. the Com- missioners and PlanningSaard have stet the duke Eaard of ~x~ ~~ s ~~ ~~ r ~ ~ pledging their support to the preservation of Uuke Forest.~The county must oleo be concerned about protecting the Forest since the County has dealt with trying to determine an adequate size of the lends that buffer Duke Forests' transition area. The county has alas span t time wozriny about the joint area. whet I would urge you, no implore you, to do now is toast-- rezone 811 Duke Forest lands in your jurisdiction as Public Interest lands. Put some teeth behind - the interest you have already shorn in preserving Duke Forest by rezoning the foxes:.:.,, ~.,~ in the bestmanner to protect the forest from urban development and in the manner ,° that dives you the mast control over the forest's usaoe. Act now before devlapment pFessures increase. Act Harr while the land is still in a natural state because one it's gone you can': ;.eplace :. :. Here's a chance the county planning staff have pre- seated you with to be able to act pasitivley to help protect the :~ nd now. Please vote for Sezoning ea_h awes f ram itspresent zone cf Rural Luffer and-Rural Residen- vial to Public Interest District. 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"~ nt R an^nrF a~.n ~+ - ~pa n. ~ [e*Dbr0.D OPa «6wr^ran ns c r n r rrn P P •= P P P D P ~[ F ` i ~ n ~0 m R n C F ?7 P ~ ~y .. p n G D 4~D v5'r.rr D C P Y c C rn.wP rP OF n~1G 0i [ nan PPP P • ,D G 0.c rte[ rn.. n r n p « "[ ~O ~P fi c n n 6• R P ~ c P O'D a nn ~ r ~ ~ PPrwhw n~~ R ~ p r . . - e r i m m ~ P 6- C P C C C CK n ~. « v, h R r C D a h n •1 w[ P~ G P C«^ ~ e ~ •c [ a o P ...e a. .r. -- '~ y P Q P ^ n ^... n ~[ P n{ s S P ro O ... •~O v~+ GP P P o d hw. n n`+C^ _ 0 0 ~ ~ V ~ G A O P C r F P 0.+ P F C~ b b m ~ ~ Q n ~/ n w C .7 ^ P n a a n p n ^ aC « r ~ ~' ~ n.P.^n Y P D D R ~ n n io nr h •" W ~+ r -~ r -" K7 w r* M rn [r ~ K p ~ ~ q K rh r ~ 1'* M p w r v ~ ~ 9y~~P~-/%~ ~~ ~~ ~u l/ ~I ~° ~4~ i I I 1 t 6 ~ 6 ma ~~ C w+ = '3 r ~ s F Px Pn~eC ^R n r p F P r P nn a P C~ P F~ r n h P a [ '~ a P R n Q P y r r ~o r [y . P ~ s .r[ hC T b n ~ O " M 6 ~[ pn L'. O "' e p; a e~C C" ^ F 6 F R r a L P ~ n ~` n b ^ p... 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C P n Q p P F p V+ r r • F~ G .7 r w~L~ per .P. ~ K F ~~ P ~ v H P ~ ~ n ~ i G TA P it 5 h r P ~1 P ~ .. + P w P N ~ b mG ~C r. wn ~Q' F 0. ri p n y i P P ^~-`a Da .s ro ~-PAP -° P~ C. G P n D Y P Y P = _ ~ i~ p wn^J a p ~C q nonso.-F rr y P P P[ F rnn n P P r P n F P n ~j n"~ ~ q r p n P b~G 6 r ~7 [ ~ o La ~ a o~ 0 7 ~ P P « n P CPS ~_ ^ D n ~P n s P F rCD Fn cG nr n ~o-D~ ro^ ~c ~r P 9onn~oi ~~ [` ' ~ r P P P[ P p r y n i 0. G a' r b O C 7 b G L P p K P _ ~ r P p [ ~^ p s K ~+L7 { r p P • G r as P PK ~ pn nx ~ x P C P P O^ P r.~ rc v P ~ b i P 6 P r ^ ~ G r r S 6 b L h 6 a a 6 o ~ r ° ``~ r n D 6 0 P a C b n n .~ r s 4 c '~ ^ _ P K _ K ~+ P P P P C 'F r .~ 7 C a n n l P P [^J Q.t ~~ n r, r P { P p . .. M[ D a [ F b r m w_ G. p r p ~~ V A n n K N P LC p r -5 Pic n P a n v 1Pt IIP L P r r.y T O a ~ n a .~ P o a- ~G •` P 9 sa ~; A .PP C ~ P r o ~ n~ H C er[ .+ P ~^. 6 ^ P ~ b P n b O p B P m 3~0 ~~~~ .~ a~ part of the developme.^.t pr¢cess. * ended *3. Vehicular access mush co::sist 0= Zirect - Am access to n snreen classiwied as either 4-4-BB arterial at callecnor as designated by the adapted Gamy=ehensive Plan° ~.~ Tn-en~~`~ tessoer,~~~_~ S~~ F=~~'1 n, s~r~ c~s_ ^~ u_ ase of she high Intensity Residential *pymended a) The p ~p ~ Districts is to provide R-5, R-8, R-_3) 1-5-67 locations far high intensityecreaaianall. development and suPPo=~1ng caramunity, se=°vice. aw educational uses in areas where the full range urban se-vices are available. these districts be It is further intended tho` to promote economically r~~xed hoaxing used developments and to cantr~bute tv the provision a- a range aw housing types }o_ lower income hausenalds. b) Ap•olication C-iteria This district x::.11 usually be applied whet e the folloxing conditions exist: Designated by the adapted wamchecans~ve *1 *Amended . Plan as a Trans-=ion Area icrpality ~-~-BS ~ be annexed ny a mur reasonably kithfn the in the ensuing 1C_aD yea`s-~ ea located i ng Chapel R-11 ~cint ~ar.n de desk=fared by the at an Acti~-ity Na -tan. i . ve adapted Corprehens 2_ Wa-er and sewer 1'nes should exist at ~ns._a'-1a_~ on 8s c - s~,.e Ct be ass~.reG of the development process . -- paF ~ *A enaed x d::rect *3. vehicular access rust consist a~ ~; w ed ei:.her i m y_Z-88 aCGe55 ~D 8 Street Ce~ .- tcr as• desicnate Y olle: . arterial ar G -eDenS=ve =lan- tbe EdGpned ~..D.«~_ aIIge Cx -vice5 ex~ ~::~1 u=ban se_ ' st ^ 'h *A°nended _ e ~4 • time 0= tLe are proposed at the ~•T a"f ice " 1D-4-62 , ^_ e, p deveica;net~t including - :~nerc~al and recreation, ecucatwon, ca cult_ral actiti~ities. 4 .2. 6 R 5 _RV D 4.2.7 ~sS~Ry~D or ~+-3 .o O F •--~ w _~ w 1 ~ ..l i ;, ' a m 4 :,+ 1 w.la ~ ~ ~ a wn a W ~ m s A Q• F ¢ Q r Y . ~ ~ M r1 norr~~oPny ~ u '~ „y ' Y D '~ ^ n + n rod "' M r 1S D Y . i ~ : sr ~ r K ~ o r r rt w ^ a n a n r n • r D ~ ~ r nr•opwrP ~' ~ r ... .- P cQ~~~ennr a • rt ~ «f1PPY a• '" "'° .r-w.•i n•O a '~ FrY QPx Qa ~~ n « a r < v P eb r ••naaw•+n'~ R nankin pp 0 ~ n P •O r G R r ry _ K P '* n 0. ~~ 1" ~ ~' p ry < •O P r r ~D C ry •, ~ ~wn n n h rrb P pn K M ~ R n n p p n S rQr Q ^ Fnr D~* .~ err ~rrn -^ p h r r ~ ab ra a ago c 0 ~ ^ ~ ~ s rb n s G b ~^ a c w ~• p P } , P p'a n i a~ ~ s r P r n r ~ R t1 n a ~ $ ~ ~ G O r D e n t 6 w 7 rP n 0 rq w - r ~ c w r~D r n 0 ~ p r ~ ^ ~'" r 0 0 P Q0. 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D ~onDP7r rwp •nP np hp .DirO rt h H n rr rw h P,~ p nwn o Fr.n C n ~P Q [~~[ @ n ° 7 ~ ^' p n P ~ laP r~ n ~ rr r ~ _ C G r R P. P r sD r •r°•nnn~nCh iaiD a oP~' OPC~C ~^s bop~ C F~ f n p D n H a' • 1 ors "r P o n S .~ p, .- r D s o •• .p L n n r a m r. n K L$ v P • p a '^ D n r ~b r a n? D r+ K 6 n r s 7 ' n r a h b I '~ w n 6 a G Fp'r.p rr~ne r n 7n^ oa onaRn•'C G~GanLDO ^ r ^r 1pPrLG~p n n c P s r r • i• n a4 ar t a s ~ ^en6P A.•rb~np ~B'D n + n nS ~vnn G ~DnnCD e~rrn a b D r4 P P G P F e rP p e P ~: ..v ~• r p R 1 ¢ n n v 7 [" ~ ~ • •~ v P ^ • F ~ O P ~ n r W .PAY - r D o n C D ~"~ n n n h n H a n P 0.n . a n a r b e« n n o n ^ n P 6 Y p v r ~ r h ~ LY0.e r v b R r^ Yw~ n n• c ~ a `C m Crnl n a6^'e Oar r n r Q '1 w . F P '1 ° D f n t. K Y a o n ~Q 3.54 •• ^iOSES G1tEY• 11t- L7LPNC* H. NwyICIp7'15 JOHN pwRTw'ELL SH1RI..LY L. MAILSIiAL.L pbN WS3YMOIT px~NGE Cov~-'rY Co~~ssior-~s ~i"rLL.53aROUGH, N. C. _ 2^278 December 18, 1987 Duke University Board of Trustees C~p Mr. Anthony Duke Duke University Administration Allen Building puke University Durham, North Carvilna 277D6 Dear Fir. Duke: ,~ . ~~ ~~ As presiding officers of the Hoard of County Commis- sioners and Planning 5oard for Drange County, we wish to pledge the support of our respective boards to the preserva- tion of Duke sorest. We are indeed fortunate to have over 4,DD0 acres of Duke Forest located in Drange•" County. Since its 1 ncept f on;~=-i`he -Forest has--.coutr 1 buted ~•1 mmea.surab I y to the oua I lty of 7 1•fe l n Drange -Cau-nty.,--the - Tr 1 ano l e region, and Research on natural indeed, the~.:nat.lon~-~as_•. a-: ~~hole+~----_- .:-~1r--~~.nd°-~.:water_...~`--po1_Iut-"1 on, ---~enviranmental proce~ses, .. __ dearad~tlon;°~~end~~"'env"I.ronment~l~-.protectlon conducted in t e forest w l I 1 •~ prove:""1 ncreas ing 1 y va I uab I e -as .our- reg 1 on and state cont]~nue-~`o .Seel .pressures °of _gro+~•_t h. : -- - -~~:: .:" We tea l~•l ze -that ~ the _Uuke ~Un i vets it.y Board ~ of Trustees w11I be raced..,~lth-~ifflcul~--~decislor.s. reoardlna the fores~ In the taming-dears: -Pa~;ase~-knoK yhat'you can--count on our continued support for the preservation of Duke f=orest In our recommendations and decisions on 1_and use policy and regulation In Drange County. Sincerely, ~. Bar ry a •bs ~lr Dr anoe Caun ~ y P I ann i ng~$oard ~~~ ~ .~. ~- ~ Chair ~~ Shirley ~. Marshal I, Drange County Board of Commissioners . ~~ I~ 3 . ~E DUKE F~RE~T SA by name is David Lakin. I'm speaking on behalf of the organization Save Duke Forest and the people we represent, many of whom are residents of Orange County. Save Duke Forest speaks for the estimoted one quarter of a million people who each year visit the twelve land parcels that comprise Duke Forest, among them ere: The Eno, The Blackwood, The posting; The Korstian end The Durham Divisions. Duke graciously allows public occess to these lands and for over 50 years we hove had a mutually beneficial relationship. To d$te, aver 9,000 citizens of Orange end Durham Counties hove si ned nor petition urging Dure University to preserve end protect 9 ` ell 8,300 acres of Dure Forest. ~e have received copies of hundreds of letters written by Dui:e Alumni end friends nsring that Duke Forest be maintained $s it is currently being used. For 50 years use Of the forest as an educational and research facility has earned Duke and the Triangle area international acclaim. Over the past 16 months we have maintained a diclague with n wide spectrum of the Duke community; students, faculty, employees,alumni and trustees, as well as members of the Land Resources Committee and its three subcommittees.lt seems clear to us that the h~rf; nLd soul of Duke University is in support of Public interes Zoning far Duke Forest lands in Orange County_ Rom 3 Boa 4S0 - H~ssai~auo$ 1~C - ZTZ7~ • g19-T32-1575 ~35~ It seems as if mast of the interest in pursuing other uses, including commercial development, is coming from a vocal and self interested mi nnri ty within the Duke decision making process. I t i s alarming to us that this pro-development minority comprises nearly one halt of of the Community Concerns sub-committee of the Land Resource Committee. This minority is pursuing n hidden and self-motivated agenda under the pretense of serving as a conduit far community sentiment to he heard. Such a restrictive conduit does not allow for citizen participation in the decision making process. Consequently, this hearing may be the only opportunity far citizens to have direct input in the decision concerning the fate of Duke Forest. As citizens of Orange County, private or corporate, we are all subject to controls aver haw we choose to use our land. These controls are what makes Orange County such a nice place to live. Without an organized scheme for growth, development, and rural buffer, land use conflicts will arise. Rezoning from the current R-t designation to the proposed P_I.Q. zoning vrau]d not change Dute's ahility to use these lands 8s it currently does. In this sense, rezoning would he taring nothing away from Dute. 1t would ensure that we will s11 have a goad neighbor in Orange County. ~, neighbor who vrill respect our desires as we would respect theirs. Orange County has a duty to protect the Rural buffer Zane when 2,H00 acres of land is placed in jeopardy. On behalf of Save Duke Forest, I urge the Planning Cacnmission to proceed full speed ahead and to urge the County Commissioners to rezone these lands Pram R-1 to P_[.D_ • Rovr>r 3 Boy X50 - $7I.LSBOYOUGH I~~ - 27Z?S - 414-732-1575 i rerly to: 12USA Carroll St., In;.rham. .~C 2'7'707 ;~~~~. •su sr. ,r~. •;_cwa ~~ Regional Groups in North Cuolina BLUE RIDGE GROUP scans BROAD RIVER GROUP Shelby CAPE FEAR CROUP Wilminglan CAPITAL GROUP kaleieh CENTRAL PIEDMONT CROUP Charloue COASTAL GROUP New l3crn CYPRESS CROUP Greenville FOOTHILIS GROUP Winston-Salem HEADWATERS CROUP Durham HORACE KEPHART GROLP FaycuevJle PIEDMONT PLATEAU GROUP Greensboro RESEARCH TRIANGLE CROUP Chapel Hill SwNDHILLS CROUP Sowherc Pma SMUKl' MOUti7w1N5 CkOUP Bryson Cily SOUTH MOUNTAINS cknuP Mnrpamun WENOCA GROUP Asheville SIERRA CLUB North Carolina Chapter is~A~7idAZ~3S GROUP S TA TP.:1F.:i T :'0 s v Oraru~re County Planning Board and Orange County 8aard of Commissioners August 22, 1966 . ~ ,, .~*~ Good evening. My name is F.d iiarrison. 1 am the Consarvatian Chair- man of the iieadwatera .Gr,cup of the Sierra Club, and the Land Use Chairman for the N~.C. Chap tar of the Sierra Club. 7Y11a state- _ _ meat is on behalf of the Headwaters Group, which is comprised of some 800 members in Durham, Granville. Pexson, and Vance Counties. ". We support the recommendation by the Planning Board and Planning Staff to rezone certain lands to Public Interest Aistrict. We support this zoning amendment not only fox the lands held by Bake University - and used fax several decades by that insti- tuition for research, education, and tax exemption -but also the lands owned by the public, in the F.no Elver State Park especially, and other private land to which this applies. Tne first reason for the Sierra Clubrs support is that these lands are. in the words of your Zoning Ordinance, "environment- ally sensitive, and of mayor scientific research significance." Aiany Sierra Clubraaembers in the purham area received their pro- fessional field training in the natural sciences on the Duke Forest properties. Those of us who did feel a great debt to Luke and other universities for allowigg us use. via our tuitions, of this world-class eutdoor laboratory. Certain sections. cer- tain specific compaxtmenta, of duke Purest in Orange and Barham Counties are among the most intenslvel~ studied woodlota on this planet, and the xesearch done these is priceless and irreplaceable, Those of us who behefitted directly from that research know that others also benefit, and we all support the continuance of that land use. 3y caxeful use of the police pawea, Oraslge County is attempting to ensure perpetuation of these important sites. The second reason is the eatraordlnary impoxtanca of BtL'~e Fo- rest and other lands proposed for rezoning in this region+s open space, natural and cultural resource base. Lands asld places preserved far' thew' purposes are the most priceless and irxe- placeable of all. Tn terms of recreational use by the public of-these places, a landowner such as Duke has no absolute obli- gation to admit users for nonacademic purposes. It could, attar all. put up manq miles of barbed wire fknce to dry to exclude thousands of public users: But the outdoor recreation in Duke Forest is generally an. extremely benign use, especially since Ta ~ilae, eryq, and P'°1ea rAe n:ld phrr, 9r she m.th; w puau and yra.are we myondWr uu °f me earth's eeos}ueaa, and .aaanrrss .. . most users obey Duke's requests fobbidding fires, motox vehicles and other activities which might threaten research sites. Agal n, use of the police power is appropriate to preserve this secondary use for these lands which lie outside the Orange County tax base. our third reason for supporting this rezoning to. Public Interest District is the crucial precedent which Orange County sets for its neighbors. We congratulate the Board of Comia].ssioriers for maintains ~ this zoning classi- fication. and those of us in fast-growing Barham envy your citizens for having it. Your rezoning sets an example for us. You may not know that Bake Forest lands extend far into the City of Barham - only a mile and a half from City Hall and the County Courthouse. The Forest lands contribute won- derfully to the visual character of several square miles of Durham which surround them. Other public lands, such as the ~no Elver State Park and Corps of Angineers lands are well within the Durham Urban Growth Axea, and parts of Carps lairs a_+e within City limits. We hope that someday our Clty and County declslo:lma_kers might see the wisdom of the precedent you set far thex. I•would like to tha.~k the 3oards for holding this hearing, the Chairman of the Fla.-ining Board for his thoughts on Orange County plarLning, zoning and policy, a.-!d especially Gene Hell of the Flanning sta°f for his fully in- 3~8 ~^ ~ _ .r• C• ~ ~ y ~. r j ~ - + ,•~ J ~ J-' ~, ~- ~ 1 ~ r=EY-:E~ rc~ ~_.. __ ~T:G ~ :`.E~ `. r .E'.= .. u J L r.-.F- -- - =Cr-- - .~-1' ~ ~- ~--.E jr•cY :aC 2 _.~c: ~ =• rr - `L I..r JYS ~:, ~0 T'- ~• - ECc __- J - ~ T r t :~: ~ Jr ~ ^ ~ ~ ~^. C G ~. ~J J ~ r•• J ._ = - - G ^j r ~ ~ - ~ 4: 2 C ~ - r STIG"f C[~.~~C i ~ ~~ r:~} ~. WG2~ + G•'~• _ =.~1 n G~ { ' 6 1 i ~ Y ~+ 1 I j v.' ~: ~-+ M C C C ^~ G [ a ~~~ V.".~: T^V 1~•^-L W:.:~ ~ yLro : «~v'•1 ~ -~ zn .....- ,ter J E.. ="r Ti:'C ~ _ rr.•;iy r~ y,1{1'cn'~•}~:2•[c~B •;~:avr•c~C Cil'cC1Cc^•G~r_ia:.~il~ c~ ~ .~IE rY:r?='SEu ~ - - Y ~ ~ ~~~ ~ G v 1 r r r . a ~ L := ~ ~ 1 I :_ ~ r!' F 1 i ~ + ~ ~ : ~ 1 a V ` L -. 1~ - ', C Ti r r' -. Y , ~ L4 r. ~~ i ~ rl r. S ~• v :' r . 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L` . ~'qj,~ V-D_~_H: We wc,uld like to Warranted" in front of the it would not be warranted etc. if our client intends _..~j i -, insert the wards "Significant as -' words man made fieatures"_ Far' examples to show a small tabacc~ barn outbuilding, to tear it Gown anywaY• we t--ave na trouble showing the cur T"~ building V-D-S-A: While et back lines. we feel this couldeC~sdafoQr pertyreverecharinedter i s the zoning far these particu ar n gflain we would like to thank you for letting us have this input into your ordinance. t+lprtl7western Triar~ale Chapter North Carolina 5aciety of Surveyors ThomaS.Ramsey (president) Walte'~" C- N~1eck]ey (Pre5iaent Elect- ) Alois Callemyn (5ecretar-y) Jerry Davis (Treasurer) f S f s C Rest of Mernbersh i P 1 `; ;; ...:~ _:uJ 361 MAILItT LIST FC}R NO~~THS4ESTII~Id TRI.4I~I,$ CHAPTER OF NCH CAROLINA SCCIEIY OF SURVEXORS, INC MAY 17,1988 Brown, Jimmy Chapel hi11, NC Billings, Charles 357 Wesley Dr.,Chapel Hall, NC 27514 Callemyn, Alois 104 N. Churton St. Hills. NC 27278 Carprnter, Ron P.O.Boa 51997, Durham, NC 27717 Crabtree, Steve W 60$ Ai.rpart Rd.,Chapel Hall, NC 27514 Davis, Jerrry W. Rt. 3, Boa 229-D.,Durham, NC 27713 Edmondson, Linda Rt. 3, Boa 568, Hillsboro, NC~ 27278 Goforth, Brady 1'05-A Forsyth Dx.,Ch. Hill, NC 27514 Harris, Harold M. Rt. 8, Boa 488, Chapel Hill, NC 27514 Holland, James H. 608 Airport Rd., C. Hill, NC 27514 Kleckley, Walter g. 122 Emerald C1., Durham, NC 27713 Mulligan, James W. P. 0. Boa 2$96,Chapel Hill, NC 27514 Nerwanski, Luke 112 W. Lean St., Durham, NC 27704 Past, Phila.p 401 Providence Rd.,Ch.Hill NC 27514 Ramsey, Thomas , 604 Yorktown Dr.,Ch.Hall, NC 27516 Eiley, Phillip 106 K'ildcat Lane,Ch.Iiall, NC 27514 Shaw, Danny 205 Convex Ur.,r18,Ch.Hi11, NC 27514 Shearer, gevin 605 Lvnn Road, Durham, NC 27703 Smith, Timothy A. Rt. 6, Box 950, Hills., NC 27278 I, ,,:, Torres-Bailoch, Ave ' lino 101$-H Sandlin P1. ,R2.lei gh, NC 27606 --- ~Palsan, Stephe~- E. 113 West Main St. , Carrbora NC 27510 Wolf, Cynthia A. , P. 0. Boa 2890",Chapel Hall, NC 27514