HomeMy WebLinkAboutORD-2012-025 Ordinance Amending the Chapel Hill Joint Planning Transition Area Zoning Atlas – St. Paul VillageOrdinance #: 2012 -025
AN ORDINANCE AMENDING
THE CHAPEL HILL JOINT PLANNING TRANSITION AREA ZONING ATLAS
WHEREAS, the Orange County Board of Commissioners has considered the application
from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone
property described below from Residential -1 (R -1) to Residential -5- Conditional (R -5 -C), and
WHEREAS, the rezoning action has been deemed consistent with the Joint Planning Land
Use Plan, and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED by the Orange County Board of Commissioners
that the Chapel Hill Joint Planning Transition Area Zoning Atlas be amended as follows:
That the site, identified as now or formerly Orange County Parcel Identifier Numbers 9870-
45 -9243, 9870 -54 -0416, 9870 -54 -3735, 9870 -54 -4583, and 9870 -54 -5947 that are currently
zoned Residential -1 (R -1) and located at 1604 Purefoy Drive, in the northeast quadrant of the
intersection of Rogers Road and Purefoy Drive, including half of the Rogers Road and Purefoy
Drive rights of way that are abutting the property frontage, shall be rezoned from Residential -1
(R -1) to Residential -5- Conditional (R -5 -C). The description of the entire property is as indicated
on the attached map and below:
Being all that certain tract of land containing 894,722 square feet or 20.54 acres, more or
less, located in Chapel Hill Township, Orange County, North Carolina, including one half of the
abutting road right -of -ways and the tract being more particularly described as follows:
Beginning at a point being the intersection of the centerlines of Purefoy Road (SR 1896)
and Rogers Road (SR 1729), thence N15 °19'36" E, 31.37 feet to a point being the intersection
of the northern Right -of -Way of Purefoy Road (SR1896) and the eastern Right -of -Way of
Rogers Road (SR 1729) , the point and place of beginning; Thence with the eastern Right -of-
Way of Rogers Road (SR 1729) N45 °33'27" W, 259.61 feet to a point; Thence N01'31'02" W,
863.00 feet to a point; Thence NO2 °32'23" W, 506.61 feet to a point; Thence N88 °12'37" E,
293.39 feet to a point; Thence S00 047'23" E, 503.00 feet to a point; Thence N88 °09'48" E,
124.45 feet to a point; Thence N87 056'08" E, 401.63 feet to a point; Thence S01'36'37" E,
863.01 feet to a point in the northern Right -of -Way of Purefoy Road (SR 1896); Thence along
and with the northern Right -of -Way of Purefoy Road (SR1896) the following calls; Along and
with a curve to the left having radius of 633.68 feet and a central angle of 13 °31'51" with an arc
length of 149.65 feet to a point; Thence S74 °35'56" W, 349.48 feet to a point; Thence along
and with a curve to the left having radius of 203.18 feet and a central angle of 27 °56'23" with
an arc length of 99.08 feet to a point; Thence S47 013'37" W, 67.46 feet to the place and point
of beginning. Containing 20.54 acres, more or less.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance shall be effective only upon adoption of the same rezoning
action by the Chapel Hill Town Council.
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Upon moti of Commissioner _T -'�-1 seconded by
Commissioner L the foregoing ordinance was adopted this
day of , 2012.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held n ,� l , 2012 as relates in any way to the
adoption of the foregoing an hat said proceedings are recorded in the minutes of the said
Board.
WITNESS my hand and the seal of said County, this C�kU day of
2012.
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11c
Section 4. The Clerk to the Board of Commissioners is hereby authorized and
directed to mail or deliver a certified copy of this Resolution to the Board of Trustees of Triangle
Transit within three days after passage hereof.
Section 5. This Resolution shall take effect upon its passage.
VOTE: Ayes, 5; Nays, 2 (Commissioner McKee and Commissioner Yuhasz)
C. Approval of a Settlement Resolution Authorizing an Exchange of
Properties Between Orange County and Eno River Parking Deck. LLC, and Approval of
Budget Amendment#9-B
The Board considered approving a resolution regarding settlement with Eno River
Parking Deck, LLC, authorizing the purchase for$1,000,000 and the exchange of properties
valued at$580,000 pursuant to North Carolina General Statute 160A-271 to purchase the Eno
River Parking Deck, and approving Budget Amendment#9-B and authorizing the Chair to sign.
John Roberts said that Orange County has been involved in a tenant/lease agreement
for several years and this has caused many issues. He said that these issues led to litigation
between owners of the deck and Orange County. Out of that mediation, a potential settlement
was reached, which would be that Orange County would purchase the Eno River Parking Deck
for the price of$1 million cash, plus the two buildings at 112 and 118 North Churton Street,
which have a combined assessed value of$508,000. The parking deck has a replacement
value of$2.9 million. If the County Commissioners will approve that property exchange, the
case gets settled and Orange County would own the Eno River Parking Deck.
Regarding the lease, the County leased this for 40 years initially and there are 37 years
remaining. It leased 200 spaces at$1 a space plus half of the maintenance costs. Initially,
Orange County contributed $2.3 million to the construction of the deck, which was
approximately a $5.2 million construction cost in an overall project which involved the Library,
the office building, and Gateway Center. The County pays $200 a year, plus $25,000 in
maintenance costs. Regarding the sculpture, John Roberts' recommendation is to remove the
sculpture because it is old cast iron and he has evidence that children have been playing on it.
If it is left there, then the County would need some kind of liability insurance.
John Roberts made reference to Financial Impact and said that the additional costs are
actually$20-25,000 for closing costs and inspections.
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING
EXCHANGE OF PROPERTY
WHEREAS, Eno River Parking Deck, LLC owns a multi-level parking facility ("Parking Deck")
(PIN 9874052667) on Nash and Kollock Street, Hillsborough, North Carolina; and
WHEREAS, Orange County leases approximately 200 parking spaces ("Leased Spaces") in the
Parking Deck; and
WHEREAS, Orange County and Eno River Parking Deck, LLC (the "Parties") are currently
engaged in litigation regarding the Leased Spaces; and
WHEREAS, the Parties have reached a mediated settlement agreement whereby they will
exchange certain properties which shall result in a termination of the Lessor Lessee relationship
and a dismissal of the litigation; and
WHEREAS, the Parking Deck property has a stated value of $2,900,000, recognized as such
for purposes of the negotiated settlement only, and the Orange County-owned property located
at 112 North Churton Street (PIN 9874066435) has an assessed valuation of$450,000 and the
Orange County-owned property located at 118 North Churton Street (PIN 9874065497) has an
assessed valuation of$130,000; and
WHEREAS, the Parties desire to transfer the Parking Deck property to Orange County and to
transfer both of the properties at 112 and 118 North Churton Street plus one million dollars
($1,000,000) to Eno River Parking Deck, LLC; and
WHEREAS, North Carolina General Statute §160A-271 authorizes the County to exchange
county-owned property upon authorization by resolution of the Board of County Commissioners
of Orange County adopted at a regular meeting after at least ten (10) days' public notice; and
WHEREAS, the County has given the required public notice, and the Board has considered the
matter at a regular meeting.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Exchange of properties described above is authorized.
2. The appropriate county officials are directed to execute the instruments necessary to
carry out the exchange.
This the 5th day of June 2012.
Commissioner Gordon went through the emails exchanged between her and John
Roberts.
Commissioner Yuhasz said that the owner of the sculpture is willing to do what is
necessary regarding the ownership, etc.
A motion was made by Commissioner Yuhasz seconded by Commissioner Jacobs to
attempt to leave the sculpture in its current location.
Commissioner Yuhasz amended his motion to say"if the County purchases the parking
deck."
Commissioner Jacobs agreed.
Frank Clifton suggested making this sculpture a condition of the purchase.
VOTE: Ayes, 6; No, 1 (Commissioner Gordon)
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to approve a resolution regarding settlement with Eno River Parking Deck, LLC, by approving
the Chair to sign the resolution authorizing the exchange of properties, valued at$580,000
pursuant to North Carolina General Statute 160A-271 to purchase the Eno River Parking Deck;
approve budget amendment#9-B for the appropriation of$1,000,000 from the General Fund's
fund balance for the cash payment; and authorize the County Manager and Chair to execute all
necessary documents to effectuate the settlement and property exchange and the exchange of
properties, and to approve Budget Amendment#9-B and authorize the Chair to sign.
Commissioner Gordon read a statement about why she is voting against this item:
Commissioner Gordon said she would be voting against this item for the following reasons:
1. The County already has a lease for 200 parking spaces in the parking deck, at the cost
of$1 per year for each space, and the lease has 37 years remaining. The 200 parking
spaces area all that the county needs.
2. The cost is too high, especially at a time when the county has many financial
constraints. The assessed value of the deck is $595, 473 while the assessed value of
the two county buildings is $450,000 and $130,000 for a total of$580,000. There
amounts are roughly equivalent. Paying an additional $1 million is unwise, in my
opinion, and particularly since the money could be used for many worthy projects,
including school funding.
3. An exchange of buildings means that there will be no proceeds from a sale of these two
buildings which can be put into a fund for the Southwest Library and for older schools,
as BOCC policy would otherwise mandate.
Please make these comments part of the minutes along with the email messages below from
the county attorney which provided background information:
The number of leased spaces is 200 @ $1/year plus half of the approximately$50k/year in
maintenance costs.
John L. Roberts
Orange County Attorney
-----Original Message-----
From: Alice Gordon fmailto:cgordon.alice(a)-gmail.com1
Sent: Tuesday, June 05, 2012 10:00 AM
To: John Roberts
Cc: Bernadette Pelissier; Barry Jacobs; Earl McKee; Pam Hemminger (External); Steve
Yuhasz; Valerie Foushee; Donna Baker; Frank Clifton; Greg Wilder; Gwen Harvey; Michael
Talbert; Clarence Grier
Subject: Re: Questions/ Comments -Agenda Item 7c- June 5
John,
Thank you very much for this information.
I appreciate knowing that the county has 37 years remaining on the lease for the parking deck
in Hillsborough.
My understanding of the other terms of the lease is that the county has leased approximately
200 spaces at the cost of$1 per year for each space. Is that correct? What is the exact
number of leased spaces?
Thanks again.
Alice Gordon
On 6/4/12, John Roberts <ioroberts(a�co.orange.nc.us>wrote:
Commissioner Gordon,
The assessed tax value of the deck is $594,473. The $2.9 million is the construction cost of
the deck ($5.2 million) less the amount the owners now acknowledge the county has previously
contributed to that cost ($2.3 million).
In order for the County to lawfully engage in a property transfer some conditions must be met
including publication and notice of the values of the properties and the County must receive fair
value for the exchange.
Exchanging $1 million plus two buildings valued at $500,000 for a $594,000 structure is not fair
value. However, such an exchange for a $2.9 million structure would be a fair exchange. The
$594,000 figure is based on an income stream valuation. The $2.9 million figure is based on a
replacement cost valuation. Both are accurate values for those purposes but only the $2.9
million value can be used in the exchange. 37 years remain on the lease.
John L. Roberts
Orange County Attorney
-----Original Message-----
From: Alice Gordon [mailto:gordon.alice(a).gmail.com1
Sent: Monday, June 04, 2012 11:52 AM
To: John Roberts; Bernadette Pelissier; Alice Gordon; Barry Jacobs;
Earl McKee; Pam Hemminger(External); Steve Yuhasz; Valerie Foushee;
Donna Baker; Frank Clifton; Greg Wilder; Gwen Harvey; Michael Talbert
Cc: Clarence Grier
Subject: Questions/ Comments -Agenda Item 7c- June 5
John and Clarence,
I had a couple of questions of clarification on item 7-c regarding the parking deck settlement.
The stated value of the deck is given as $2,900,000. What is the assessed valuation of the
deck? The reason I ask is that I thought the value was something just under$600,000. Could
you explain where the $2.9 million value came from? Also, was the approximately$600 K value
what is listed on the tax rolls, or the appraised value, or what?
The resolution states that the county leases approximately 200 parking spaces but does not
give the terms. How many more years remain on the lease?
Thank you.
Alice Gordon
Commissioner Jacobs said that until tonight he did not know if he was going to vote for
this or not. He thinks that the County takes things out of sync in the budget process. He
agrees that there might be better uses for this money. He does not agree with committing
another$1 million before making the primary budget decisions. He wants to make sure that the
County has done everything it can to resolve these differences, so he cannot support this item.
VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs)
Commissioner Jacobs said that he would like to convey to Hillsborough that the County
is attempting to address the outstanding parking issues and to mend the fences. He would like
to have a declarative letter from John Roberts and solicit from the Town a response.
John Roberts said that he has already done this and he has spoken with the Town
Attorney several times and they are aware the County is considering purchase, which will
resolve all outstanding issues.
Commissioner Jacobs asked when this would go into effect. John Roberts said that the
closing should happen fairly quickly, within the next couple of weeks.
d. Recommendations from the Emergency Services Workgroup for VIPER
Radio System Improvements and Communication System Improvements
The Board received recommendations from the Emergency Services Workgroup for
VIPER Radio System Improvements and Communication System Improvements included in the
Capital Investment Plan for Fiscal Year 2012-13 and incorporate the recommendation as
appropriate into the approval of the Fiscal Year 2012-13 Annual Budget.
Michael Talbert said that this is the first of three items from the Emergency Services
Work Group. He reviewed the requested improvements. The purchase of these items will be
spread out over five years at$128,000 per year.
A motion was made by Commissioner Foushee, seconded by Commissioner McKee to
receive the recommendations from the Emergency Services Workgroup for VIPER Radio
System, OSSI- CAD Replacement, and 800 mHz radios included in the Capital Investment Plan
for Fiscal Year 2012-13 and incorporate the recommendation as appropriate into the approval
of the Fiscal Year 2012-13 Annual Budget.
VOTE: UNANIMOUS
e. Approval of a Recommendation from the Emergency Services Workgroup
to Conduct a Coverage Assessment for the VIPER System
The Board considered approving a recommendation from the Emergency Services
Workgroup to conduct a Needs Assessment for the VIPER System to improve County-wide
coverage and authorizing the Manager to sign a contract not to exceed $50,000.
Michael Talbert said that the workgroup has been working since early December with
the North Carolina Department of Highway Patrol. There is a desperate need of a technical
analysis in how to increase coverage. The work group decided to move forward with the scope
of work that is included in Attachment 2.
Chair Pelissier asked for a motion to continue the meeting since it was 10:30 p.m.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to continue the meeting past 10:30 p.m.
VOTE: UNANIMOUS
Commissioner McKee said that this consultant is needed because no one on the
workgroup has the expertise to pinpoint the location of these towers.
A motion was made by Commissioner Yuhasz, seconded by Commissioner McKee to
approve a recommendation from the Emergency Services Workgroup to conduct a Needs
Assessment for the VIPER System to improve County-wide coverage and authorize the
Manager to sign a contract not to exceed $50,000 for the Needs Assessment; and plan to
appropriate the necessary funds from the General Fund's Fund Balance as part of a budget
amendment that will be presented for the Board's approval at the August 21, 2012 regular
meeting.
G- / g
b. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment—St.
Paul Village
The Board received the Planning Board recommendation, closed the public hearing, and
considered action on a proposal to amend the Joint Planning Area Zoning Atlas to change the
zoning of a 20.9 acre 5-lot assemblage at the northeast corner of Rogers Road and Purefoy
Drive from Residential-1 to Residential-5-Conditional.
Planner Perdita Holtz introduced this item. This item was heard on March 29th. This
rezoning is in order to develop the St. Paul Village project. This project would have some multi-
family units. The Planning Board considered this at the May 2nd regular meeting and
unanimously voted to recommend approval of the rezoning.
Commissioner Jacobs asked the applicant about the possibility of partnering on the
gym with local governments.
Gloria Sheehy, who was representing the applicant, said that it is the plan of the church
that this is a facility that is available to the broader community. There have been some
conversations with the local schools.
Commissioner Hemminger asked about sewer line and Gloria Sheehy said that it would
start at Edgar Street and go up Purefoy Road. The goal is to facilitate any future extension. It
will come up to Rogers Road.
Commissioner Hemminger said that she wanted to bring this information to the Rogers
Road task force meeting.
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Foushee, seconded by Commissioner
Hemminger to adopt the ordinance contained in Attachment 4 to amend the Joint Planning Area
Zoning Atlas to change the zoning of a 20.9 acre 5-lot assemblage at the northeast corner of
Rogers Road and Purefoy Drive from Residential-1 to Residential-5-Conditional.
VOTE: UNANIMOUS
7. Regular Agenda
a. Approval of Fiscal Year 2012-13 Budget Ordinance, FY2012-13 Countv
Capital, Grant Project Funding, FY2012-17 Capital Investment Plan and County Fee
Schedule
The Board considered approving the Fiscal Year 2012-13 Budget Ordinance, FY 2012-
13 County Capital, Grant Project Funding, FY 2012-17 Capital Investment Plan and County Fee
Schedule.
Financial Services Director Clarence Grier said that staff requests the Board of County
Commissioners to take action and adopt the budget ordinance.
Fiscal Year 2012-13
Budget Ordinance
Orange County, North Carolina
Be it ordained by the Board of Commissioners of Orange County
Section I. Budget Adoption