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HomeMy WebLinkAboutMinutes - 19980408APPROVED JUNE 2, 1998 ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL JOINT PLANNING PUBLIC HEARING APRIL 8, 1998 MINUTES The Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council met for a Joint Planning Public Hearing on Wednesday, April 8, 1998 at 7:30 p.m. in the Carrboro Elementary School, 400 Shelton Street, Carrboro, North Carolina. ORANGE COUNTY BOARD OF COMMISSIONERS PRESENT: Chair Margaret Brown, and Commissioners Moses Carey, Jr., William Crowther, Alice M. Gordon, and Stephen H. Halkiotis. CARRBORO BOARD OF ALDERMEN PRESENT: Mayor Mike Nelson and members Hank Anderson, Hilliard Caldwell, Jacqueline Gist, Diana McDuffee, Alan Spalt and Alex Zaffron. CHAPEL HILL TOWN COUNCIL PRESENT: Mayor Rosemary Waldorf, and members Julie Andresen, Flicka Bateman, Joyce Brown, Joseph Capowski, Pat Evans, Kevin Foy, Lee Pavao and Edith Wiggins. OPENING REMARKS FROM THE CHAIR: Chair Brown convened the meeting. PUBLIC CHARGE: Chair Brown dispensed with the reading of the Public Charge. PUBLIC HEARING ITEMS: A Public Hearing was held for the purpose of giving all interested citizens an opportunity to speak for or against proposed amendments to the Joint Planning Agreement and Joint Planning Area Land Use Plan and Map. All amendments require the approval of the governing boards of Orange County, Chapel Hill, and Carrboro. ORANGE COUNTY: Joint Planning Agreement Amendment - Temporary Development Moratoria: This item was presented by Interim Planning Director Gene Bell for the purpose of receiving public comment on a proposed amendment to the Joint Planning Agreement. From time to time a development moratorium is appropriate in order to address exigent circumstances or as a result of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of the Towns of Chapel Hill and Carrboro for their transition areas and Orange County for the Rural Buffer. Currently, the Joint Planning Agreement does not provide for development moratoria. The need for such a provision in the agreement was highlighted in October, 1997, when Carrboro proposed a moratorium on processing special use and conditional use permit applications in the Northern Study Area pending completion of land use ordinance amendments. Orange County did not object to Carrboro's Land use Ordinance text amendments establishing a six month moratorium. The proposed amendment to the Joint Planning Agreement would preserve the status quo pending the consideration of a land use ordinance amendment designed to address exigent circumstances or the results of a study. It would allow for adoption of a moratorium of no more than six months that could be extended one time for no more than six months. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL AND CARRBORO BOARD OF ALDERMEN: None COMMENTS AND/OR QUESTIONS FROM CITZENS Mr. Randy Danzinger, of 212 Dairyland Road, Chapel Hill, North Carolina, commented that he was strongly in favor of the moratorium being adopted. He stated that he is not in favor of the development proposals that Carrboro has presented. He expressed his concern that Carrboro officials do not have the best interests of the Calvander community in mind. This is a particular concern to them because they are not voting members of the Carrboro community. They need to have their concerns taken seriously by the Board of Commissioners as they are the only elected officials that the residents of Calvander have. Ms. Fay Hogan Daniel, a Calvander landowner, expressed her displeasure that Carrboro could make decisions regarding her land but she could not vote for them. She requested that the Board of Commissioners be the decision makers for this area. She strongly supported the moratorium. Mr. Curtis Hogan stated that this land represented his retirement fund. He did not support Carrboro having power over the future use of his land. JEF, a Calvander resident, spoke in support of this proposed moratorium. It is important that there be time to complete the planning process for future development. Mr. Stephen Dear, a Stony Hill Road resident, spoke in support of the proposed Moratorium. Ms. Carol-Ann Greenslade spoke in support of establishing a moratorium. She stated that it would be in the best interest of the community to complete the planning process before allowing future development. Neil Alderman indicated that he was speaking on behalf of one of the property owners and that he did not support this proposal for a moratorium. A motion was made by Commissioner Carey, seconded by Commissioner Gordon, to refer the proposed amendment to the Joint Planning Agreement to the Towns of Chapel Hill and Carrboro for a decision at which time the matter will be referred to the Orange County Planning Board to be returned to the Board of Commissioners no sooner than June 22, 1998. MOTION: APPROVED TOWN OF CARRBORO: JPA-2-98-Facilitated Small Area Plan For Carrboro's Northern Study Area - Mayor Mike Nelson presented a brief history of this item. He indicated that a year ago they engaged in two-day long work sessions on the Small Area Plan. Everyone in this area was invited to attend and there were more than 150 participants at those two meetings. It was led by Randall Arendt and all decisions were unanimous and made by consensus. The plan you see before you came out of that meeting. There were very diverse views from the participants. It was important such a wide range of views and issues could be resolved by consensus. The item was presented by the Carrboro Planning Director Roy Williford for the purpose of receiving public comment on a proposal to amend the Joint Planning Area (JPA) Land Use Plan and Map to incorporate the facilitated small area plan accepted by the Board of Aldermen on August 19, 1997. In February 1992, the Board of Aldermen for the Town of Carrboro determined that a comprehensive planning effort was needed for those areas of the town's jurisdiction which are expected to receive the bulk of any growth and development occurring in the coming years. Population projections at the time indicated this growth was expected to include nearly 12, 000 new residents by the year 2010, and associated civic, business, and commercial ventures. Due to environmental constraints associated with the protection of the University Lake water supply to the south and west of Carrboro, growth was expected to occur primarily to the north and east of the town in areas where public water and sewer service could be extended. The Northern Study Area plan proposes to cluster a bulk of the new residential development by encouraging village-scale development to conserve natural and environmentally sensitive areas, allow density bonuses for affordable housing meeting certain development criteria, and sanction neighborhood and community scale commercial centers. The overall target density for the Northern Study Area is approximately the same as the current density of the town: 2.1 dwelling units per acre. The target density for mixed-use areas is approximately five dwelling units per acre. These development management options have been selected in order to minimize the negative impacts of new development on environmental quality, transportation, taxation and existing neighborhoods. These elements should discourage a sprawled pattern of monotonous development, preserve Carrboro's unique, small town character and allow the creation of new, neighborhood-scale communities which can be connected to existing and new areas via a network of open space corridors. This plan attempts to balance community, conservation and development objectives within the transition areas and extraterritorial jurisdiction that lie to the north of Carrboro's town limits. Community and conservation objectives include allowing patterns of growth which minimize negative impacts and maximize positive impacts on the community and allow for the efficient provision of town services, the provision of a variety of housing types and styles, development of a multi-modal transportation system, conservation of natural and environmentally sensitive areas, and the protection of environmental quality, and the encouragement of active farmland preservation. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL AND CARRBORO BOARD OF ALDERMEN: Commissioner Gordon asked what the similarities and differences were between the proposed floating zone and the way a Planned Development would be implemented in Orange County. Mr. Williford indicated that the current joint plan requires that nodes have to be established for the commercial or the mixed use areas. Floating zones would require a site plan as well as the traditional quasi-judicial process approving plans based on the ordinance. There would be no specific nodes. COMMENTS AND/OR QUESTIONS FROM CITZENS Ms. Shirley Marshall spoke in support of both the Carrboro and Chapel Hill plans. She pointed out that the goals were simple and specific in concept. Elected and planning officials alike had essentially two goals. The first goal was to define and plan for a northern build-out area for Chapel Hill and Carrboro. The second goal was to support that defined area by creating a buffer against a rush of urbanization from a possible developing urban Durham area. The solution that was developed was called the Rural Buffer. In addition, Orange County government was adamant that no more citizens would be placed in the position where all planning decisions were made for them solely by elected officials for whom they could not vote. Therefore, extension of extraterritorial jurisdiction could not be, and was not, a part of the solution. This agreement to stick to each units jurisdictional business has made this unique approach workable and has brought the various groups to tonight's hearing and sets up the further refinements necessary to enhance the goals of the Rural Buffer. She strongly supports both Carrboro and Chapel Hill's proposed plans. Mr. Randy Danzinger commented that this planning process was very thoughtfully started and worked on diligently by many citizens and elected officials. He indicated that the ordinances which control the implementation of the plan should come forth for consideration at the same time that the plan is considered for adoption. This would allow citizens to see what they were actually going to get if they voted to approve it. Unless there is an overwhelming need to adopt this now, he requested that the adoption process be postponed until the ordinance controlling the enforcement of it be presented as well. Mr. Willford indicated that the Ordinance Drafting Committee has been working diligently. They are working on guidelines for affordable housing, and design guidelines for the villages. It will probably be August before the Ordinance is presented. In order to have an ordinance, a plan is necessary. It was envisioned that the plan would be adopted first, to be followed by the ordinance. The plan is detailed and spells out the type of implementation desired by the facilitation work group. The Ordinance Drafting Committee is attempting to put the plan into ordinance language. Mr. Don Kuty, indicated that he was a member of the steering committee and participated in the facilitated process. He spoke about connector roads. Consensus was reached on prohibiting large developments from connecting through small developments. The current draft of the map has eliminated these connector roads and most of the text has removed reference to them. However, on page 78 a reference was left in the document. Mr. Roy Williford indicated that they intended to correct this to coincide with the other references in the Plan. JEF, a resident of the Calvander area, asked several questions. Mr. Williford responded that he was not able to say exactly how close to the 75% threshold Transition Area I was because it includes right-of- ways and other public utility easements. However, in general the figure is approximately 70%. Also, the plan which was accepted by Carrboro was written by the Facilitation Steering Committee. JEF then commented that he thinks the plan is moving in the right direction, but it still needs work. He referred back to the work of the Joint Land Use Planning Agreement from 15 years ago. One of their largest concerns was leapfrog development in the transition area. He wants to see that honored. He mentioned that when they were in the facilitated meeting they were not told that this plan abrogates the Transition Area I and II model. He believes in that model and he does not approve of this model. Those Ordinances should be incorporated within Carrboro as well as outside. He listed what he identified as six or more factual errors in this report. In particular, he noted Item 1.6 on page 58 pertaining to the creation of the business/office assembly areas. He felt that there were many inaccuracies and inconsistencies in the proposed plan. Carrboro Board of Alderman Gist pointed out that this is a Draft and those inaccuracies will be corrected prior to adoption. Mr. Stephen Dear, a resident of Stony Hill Road, agreed with JEF. He also pointed out that he, JEF and a group of residents of this area met recently and there was agreement among that group with the points that JEF has made. They do not think that the plan is ready for adoption. Ms. Carol-Ann Greenslade re-stated that she had been involved in this planning process from the beginning. She repeated that all decisions were made with the idea that there were two transitions areas. She is opposed to changing this portion of the plan. She also pointed out that she was opposed to having this zone be separate from the rest of the plan. She requested that the County remain the overseer of that area. She wanted to be reassured that the Ordinance would be considered for adoption by the Board of Commissioners. Attorney Mike Brough indicated that Carrboro would propose the adoption of the Ordinance and send the text to the Commissioners. If the County objects, then it would not be adopted until agreement was reached. That process has not been changed. The change that is being proposed is with respect to the floating zone concept. Presently, an amendment to the map can only be adopted by a joint public hearing of the Board of Aldermen and County Commissioners. This is proposing that this process would not be required of the floating zones. Once the concept is approved by the Board of Commissioners, Carrboro could act without the joint process for individual decisions on a particular portion of the property. There is a perception that the implementation of the floating zone is closer to an administrative process which is site specific. However, it is closer to the conditional use process which under the existing arrangement is already administered by Carrboro. It would still require a public hearing in the Carrboro area. Ms. Carolyn Miller, a Stony Hill resident, indicated that she participated in the facilitated meetings. She felt that it was a good plan but that it should be adopted at the same time that the ordinances were adopted. She was very opposed to this being adopted without the ordinance being adopted at the same time or before. She pointed out that there was supposed to be a 75 foot, undisturbed buffer between Stony Creek and Hogan Farm which was completly destroyed. There is no buffer left. Carrboro Board of Alderman Gist stated that a moratorium on development for that area is currently in place for the area for which the ordinances are being written. They are in the process of getting the moratorium extended for another 6 months while the ordinances are completely written. Mr. David Rutter, a resident of this area, indicated that he is confused as to why the process is being put forth without the ordinance being completed. It was mentioned that the plan has been accepted, not adopted. Transition Area I and II distinctions would be removed so that the floating zones could operate. Those floating zones could not be put into the transition areas as they exist because of density requirements. Mr. Rutter mentioned that many years ago Mayor Jim Porto of Carrboro asserted Carrboro's right to annex industrial nodes which were not clearly defined and were miles away from Carrboro's limit. Carrboro's staff also prepared a plan that would bring office and industrial uses to the Calvander community. He stated that he does not support the current Carrboro plan. Nor does he support the removal of the Transition I & II areas. He asked if County representatives would retain a part in the transitional development in future years. He requested that the ordinances be written before the plan is adopted. Mr. Curtis McLauglin, a resident of Drew Lane and Homestead Road, indicated that he was opposed to the floating districts. He participated in the planning group but not the consensus group. He wanted to know what was going to happen to the lot across from him. He stated that he does not want to have mixed use development on that road and does not support the floating districts. Mr. Andrew Cohen, Chair of the Carrboro Planning Board, commended the elected officials for their commitment to hearing what citizens have to say. He asked that a plan be adopted. The moratorium will end shortly. He stated that interests of the community as a whole must be considered and a decision must be made. He urged the elected officials to make a decision. He requested that the elected officials adopt this plan. Ms. Linda Brockwell Roberts, a Calvander resident, spoke in support of the Randall Arendt study and asked that his recommendations be taken into strong consideration for this area. She asked that the moratorium be continued so that the ordinance could be completed. She distributed a video and asked the Board of Commissioners to view it. She asked that her family's land and homes be kept together. The property she was referring to is the four corners (except for the community store) of Calvander. She asked to remain a County resident. Carrboro Board of Alderman Zaffron commented that regarding the use of plural or single language in referring to Village Mixed Use Centers he referred to page five (5) "Goals & Objectives", the precise language that was agreed upon in the facilitated meeting #11(a) Mixed Use Village Centers. The language reads "village floating zone, amend policy proposal and draft plan for a mixed use village center along Old 86 to a policy endorsing the concept of a "floating zone" for future residential village developments in the transition area. That is the language that was agreed upon in the facilitated meeting. He indicated that the Board of Aldermen are looking at how to provide representation for the Calvander residents. An autonomous advisory board for the transition area is one of the suggestions they are looking at. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the proposal to amend the Joint Planning Area Land Use Plan and Map to the Towns of Chapel Hill & Carrboro for a decision at which time the matter will be referred to the Orange County Planning Board to be returned to the Board of Commissioners no sooner than June 22, 1998 VOTE:APPROVED No - Alderman Jacqueline Gist Joint Panning Agreement Amendments - Transition Area I & II and Floating Conditional Use District: This item was presented by Carrboro Planning Director Roy Williford for the purpose of receiving citizen comment on a proposal to amend the Joint Planning Agreement to incorporate the Facilitated Small Area Plan for Carrboro's Northern Study Area accepted by the Board of Aldermen on August 19, 1997. The plan covers both Transition Areas I and II as specified in the Joint Planning Area Land Use Plan (JPA LUP), as well as areas within Carrboro's extraterritorial jurisdiction. The amendment to the agreement will remove the density cap of one unit per acre in Transition Area II and combine Transition Areas I and II. In addition, the amendment would allow the Board of Aldermen to establish floating, conditional use zones. In February 1996, a public hearing on the Small Area Plan for Carrboro's Northern Study Area - Proposed Draft for Presentation was held. Due to the issues raised during the hearing, the Board of Aldermen proposed that a facilitated planning conference be held, at which a consensus plan would be developed. A Steering Committee made up of elected officials and residents of the study area was established to plan the workshop. There were facilitated meetings in the Spring of 1997, during which the Northern Study Area (NSA) Plan was developed. It was agreed that participants preferred floating, conditional use zones. Three types are noted, residential, mixed-use and office/assembly. This strategy was selected, as it was believed that it would provide the highest level of scrutiny for proposed developments. The JPA agreement amendments have been prepared in order to allow the floating zones to "land" anywhere within Carrboro's transition areas, if deemed appropriate during the rezoning process, with the approval of the Board of Aldermen. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the proposed amendment to the Joint Planning Agreement to the Towns of Chapel Hill and Carrboro for a decision at which time the matter will be referred to the Orange County Planning Board to be returned to the Board of Commissioners no sooner than June 22, 1998. VOTE: APPROVED No - Alderman Jacqueline Gist TOWN OF CHAPEL HILL: JPA-3-98 - Chapel Hill Northwest Small Area Plan: This item was presented by Chapel Hill Planner Rob Wilson for the purpose of receiving citizen comment on a proposal to amend the Joint Planning Area (JPA) Land Use Plan to incorporate the Chapel Hill Northwest Small Area Plan as accepted by the Chapel Hill Town Council on September 11, 1995. In January, 1993 the Council initiated a small area planning process for the northwestern portion of the Town's planning jurisdiction. The Northwest Small Area Plan study area generally consists of the land south of Interstate 40, including a portion of the land north of Weaver Dairy Road, the land west of Airport Road (N.C. Highway 86), and the land north of the University of North Carolina's Horace Williams tract and Homestead Road. The western boundary of the area generally follows Rogers Road. A rail line bisects the study area. The study area is also split into three drainage basins: New Hope Creek, Booker Creek and Bolin Creek. In December 1994 the Work Group recommended the Northwest Small Area Plan to the Council and in September 1995 the Town Council requested that the Plan be considered at a Joint Planning Area Public Hearing. In general, the Plan proposes a Village Pattern of Development along the rail line corridor, primarily located on the Greene tract. The Plan assumes that the Green tract would be developed and would not be used for landfill purposes. Generally decreasing residential densities are proposed as distance from the village center increases, in a effort to help preserve the character of existing neighborhoods. The Plan proposes several greenways, a large community park and recommends that a portion of the tract be used for affordable housing. The Greene tract is jointly owned by Chapel Hill, Carrboro and Orange County and any future use will need to be approved by all three jurisdictions. The Plan seeks to balance community, conservation and development objectives within the Northwest study area. A clustered pattern of growth is envisioned in order to permit the preservation of open space for parks and greenways, while also buffering existing neighborhoods from future development. Mr. Chuck Welsh, of Little John Road in Chapel Hill, commented that the plan looks very good to him; however, he does not feel that it provides for affordable housing. He pointed to the requirement for larger lots, and OWASA sewer requirements as keeping the price so inflated that ordinary families cannot afford to live there. Ms. Inna Deng asked for clarification regarding the possibility of sewer being provided for residents near the site of the current landfill. Chair Brown indicated that there were no plans to provide sewer to this site. There are proposals in the benefit package to address the need for water. That is in the process of discussion at the present time. Mr. Daniel Swartz, who lives across from this property, commented that the Chapel Hill Northwest Small Area Plan is a good one. If the plan is adopted, he wanted to know if current residential use would continue to be allowed. He was assured that residential uses are allowed in all zoning categories. Mayor Rosemary Waldorf thought that Ms. Deng was referring to a discussion and suggestions that were made several months ago. Those suggestions were not acted upon by the boards who had the authority to make a determination on this issue. There was a recommendation by a special committee that water be provided generally in that area. The current status is that the Town of Chapel Hill has recommended that water be provided as a community benefit to residents of the historical Rogers Road area. She thought that the County and Carrboro had agreed to that as well. Chapel Hill has not indicated that the provision of sewer should be provided as a community benefit because there is no connection between the operation of the landfill and the need for sewer. Sewer and additional water are public services that would come to those areas as part of the pattern of orderly growth as other development occurs. Mayor Mike Nelson indicated that Carrboro's position was basically as Mayor Waldorf stated with one exception. They are still willing to discuss the issue of sewer but that dialogue has not taken place with the other governing bodies. They have supported water for that area. Chair Brown agreed that water for the historic Rogers Road neighborhood is being considered. She does not have knowledge of any plans for extension of sewer into that area. Council member Evans stated that except for staff there are only two elected officials who worked on the original Chapel Hill Northwest Area Plan. She is one of them and even for her it was before she was an elected official. It was widely approved and she stated that there were more people participating in the Chapel Hill Northwest Area Plan then even participated in Carrboro's plan. She expressed frustration regarding its delay but has decided that something good could come out of this. She indicated that in the Land Use Committee for the Shaping Orange County's Future Task Force, and in other meetings, there is concern about preserving the Rural Buffer and preserving rural land. One of the things that could be added to this plan, if there is agreement, is a component for Transfer Of Development Rights to the Greene Tract which is already designated as higher density area. In this way we could work to preserve the Rural Buffer and/or land outside of the Rural Buffer. This could actually improve the plan. Amelia DeLoatch, a resident of Northwood Drive, asked what would be allowed in the Employment Campus. The Employment Campus, as it is described in the plan, describes a land use category that would be new to Chapel Hill's plan. It would include uses that would allow employees to stay at their work place for the duration of the day. It would include office and flex space uses as well as other supporting uses. Alderman Spalt stated that there is an opportunity for preserving the Rural Buffer as well as for enhancing it and possibly additional lands beyond the Rural Buffer. The time that it will take to work this out would mean that the Carrboro plan would have to be delayed by several years. He stated that there is not time for that. He hoped that there would be a way, after the plans are adopted and put into place, to explore the idea of Transfer of Development Rights in relation to the plans and the rezoning that will take place. He does not want to see the plans delayed but it is something that would be wise to explore. Chair Brown asked how much of the commercial area is developed The office component at the corner of Weaver Dairy Road and NC 86 has two of the buildings occupied. Phases III and IV of the Timberhill Office Buildings are currently under construction. Phase IV and V which includes the area where the Harris Teeter will go are also under construction. There are additional phases that are not being developed at this time. Chapel Hill's Planning Director Roger Walden indicated that the Northeast quadrant of that intersection is being developed. There is a master plan approved for 40 acres of land and the Town has approved Special Use Permits for approximately '1 of the 40 acres. Shirley Marshall stated that the Triangle Transit Authority (TTA) is looking at further railroad plans and density. The corridors they are talking about for the railroads would be ideal sites to hold Transferred Development Rights. Landowners have come forth with land they would like to have placed in this program but it is much more difficult to find land which would be available to hold the development rights. Chair Brown, Alderman Zaffron, and Council member Evans agreed to work on a Task Force to study this issue. A motion was made by Carrboro Board of Alderman Zaffron, seconded by Mayor Waldorf, to create a task force to meet and develop a report clarifying the issue of Transfer of Development Rights and present a recommendation. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer the Joint Area Land Use Plan to the Towns of Carrboro and Chapel Hill for a decision, at which time the matter will be referred to the Orange County Planning Board to be returned to the Board of Commissioners no sooner than June 22, 1998. VOTE: UNANIMOUS CITIZEN INITIATED REQUEST: JPA-1-98 - Request by Ms. I n n a Dena to Amend the Joint Plannina Area Land Use Plan & Map: This item was presented by Interim Planning Director Gene Bell for the purpose of receiving citizen comment on a citizen initiated request to amend the Joint Planning Area Land Use Plan and Map. This request by Ms. Inna Deng (JPA-1-98) is to amend the Joint Planning Area Land use Plan and Map by expanding the Chapel Hill Transition Area plan category to include two tracts on the North side of Eubanks Road. The tracts are identified as lots 27 and 27E, Tax map 18, Chapel Hill Township and contain 8.08 and 3.62 acres respectively. The tracts are a part of the land proposed for inclusion in the Chapel Hill Transition Area as proposed in the Chapel Hill Northwest Small Area Plan. Staff recommends inclusion of the whole area and not just the two tracts owned by Ms. Deng. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS. CHAPEL HILL TOWN COUNCIL, CARRBORO BOARD OF ALDLERMEN: Commissioner Crowther asked if both of the properties were in the Rural Buffer. Mr. Bell indicated that Ms. Deng's property as well as the other 7 parcels in the rectanglular area were in the Rural Buffer. Carrboro Board of Alderman Spalt asked staff if the Small Area Plan being recommended to the three elected bodies already encompass this request. It was stated that there was a small section of the Rural Buffer that is an anomaly since it is an island of the Rural Buffer next to the landfill. That is the portion that is being recommended to be included in the Chapel Hill Transition Area. If the elected officials decide to take the recommendation to move it to the Transition Area, then Ms. Deng's request fits right in. If the decision is to have that small area remain in the Rural Buffer, then it might not be aligned with Ms. Deng's request. If it is moved to the Transition Area there is a change in the long term expectation as far as sewer is concerned. It is currently in the Rural Buffer portion of the Joint Planning Area, an area in which the County exercises zoning jurisdiction and all three bodies exercise authority for approving/denyng amendments to the Plan. Ms. Libby Searles of the Orange County Planning Board asked if the rectangular tract was contiguous with other areas of the Rural Buffer, namely Duke Forest property, and if so, then how was it an anomaly. It was agreed that this rectangular tract was not an anomaly, since it is contiguous with other land in the Rural Buffer. Mr. Cal Horton, Chapel Hill Town Manager, mentioned that the town of Chapel Hill has purchased a major piece of the property being considered. They have also sent a letter to Ms. Deng indicating that they would like to purchase her land. QUESTIONS AND/OR COMMENTS FROM CITIZENS: A motion was made by Mayor Waldorf, seconded by Commissioner Carey, to refer the proposed amendment, including the other seven parcels in the area as recommended in the Chapel Hill Northwest Small Area Plan, to the Towns of Chapel Hill and Carrboro for a decision at which time the matter will be referred to the Orange County Planning Board to be returned to the Board of Commissioners no sooner than June 22, 1998 VOTE: UNANIMOUS ADJOURNMENT: There being no further business, the meeting was adjourned. The next regular meeting of the Board of Commissioners will be a bi-monthly work session held on Tuesday, April 14, 1998 at the Government Services Center, Hillsborough, North Carolina. Margaret W. Brown, Chair Kathy Baker, Deputy Clerk