HomeMy WebLinkAboutAgenda - 10-11-2012 - 1
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ORANGE COUNTYBOARD OF COMMISSIONERS
CARRBORO BOARD OF ALDERMEN
JOINT MEETING AGENDA ITEM ABSTRACT
Meeting Date:October 11, 2012
Action Agenda
Item No.1
SUBJECT:
Access Road –Twin Creeks Park / Ballentine Subdivision (MI Homes)
DEPARTMENT:PUBLIC HEARING: (Y/N)No
Environment, Agriculture,
Parks and Recreation;
Planning and Inspections
ATTACHMENT(S):INFORMATION CONTACTS:
Adopted Master Plan –Twin Creeks Park David Stancil, 245-2510
(With Final Greenway Location)Craig Benedict, 245-2575
Letters from Corps of Engineers(Three)Marabeth Carr, 245-2510
PURPOSE:
To review the proposed access road (also known as “Road A” of Ballentine
subdivision) that would serve the Twin Creeks (Moniese Nomp) District Park and Ballentine
subdivision.
n 2001, Orange County purchased 193 acres from two families for the future
BACKGROUND:
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Twin Creeks District Park and Educational Campus. This park and campus was acquired to
meet the previously-identified need for a Chapel Hill Township District Park and offer the
opportunity to co-locate a park with a school campus. A master plan for the parkand
educational campus, adopted in 2003 (revised and re-adopted in 2005) proposed using an
existing shared driveway along a boundary with then undeveloped land to the south as the
entranceway into the park.
In the last decade, MI Homes purchased the property south of the County’s Twin Creeks site,
gained subdivision approval, and in 2010-11developed a portion of the Ballentine subdivision.
The concept of the shared road continued to be envisioned as part of this process, although
initial phase(s) of this development did not require the completion of the shared road, identified
as “Road A” on Ballentine plans. However, the original conditional use permit (CUP) adopted
for the Ballentine property did envision a shared entrance road for both Ballentine and Twin
Creeks. “Road A” as designed to date straddles the County/Ballentine property line.
Over the past several years, County and MI Homes staffs and attorneys have discussed
working together onthe road construction, at the appropriate time. However, the economic
downturn of the last decade served to delay the construction of Twin Creeks Park, and portions
of Ballentine that would use the shared Road A.Over the past several months, MI Homes has
been in informal dialogue with Town staff regarding the submittal of a CUP Modification and a
possible Town Land Use Ordinance textamendment to allow an alternative to parallel sidewalks
on both sides of Road Ahas also been raised. In the meantime, aredefined Phase I of the
park, the Jones Creek Greenway through the County’s property, was constructed in 2010 and
opened in 2011.
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With the potential for a CUP modificationfor the remainder of Ballentine,the issue of
constructing “Road A” has come again to the forefront. While there are a number of issues
related to the discussions to date (including sidewalks versus trails along the road), aprimary
stumbling block for the parties that would construct the road is the concept of requiring a bond
or a bridge connection across Jones Creek, located atthe eastern edge of the Ballentine and
Twin Creeks properties.
MI Homes has argued, and the County has supported, a position that this is not an appropriate
place for a stream crossing at this time, the construction of which benefits neither the park nor
the subdivision. A letter from the U.S. Corps of Engineers from January 2006 (reissued in
January 2012)has been offered in support of this position. The letter asserts that the Corps is
unlikely to permit multiple crossings of Jones Creek in the short stretch through Ballentine and
Twin Creeks due to environmental concerns. Town of Carrboro staff hashad their own
conversations with the Corps of Engineers in recent months (see attached memofrom June
2012) that may offer a different view if the crossing were applied for by a municipality. A related
issue to the potential road extension/bridge is a significant grade separation that would be
created where the road and the Jones Creek Greenway intersect, which would likely require a
pedestrian underpass.
Orange County has appropriated$600,000 through its Capital Investment Plan (CIP) in FY
2012-13 toward a share of the planned Road Aconstruction. However, construction of the
remainder of the park (estimated to be between $9-12 million as designed) is still beyond the
five-year horizon of the current CIP, and no funding source has been identified for that purpose.
The purpose of tonight’s discussion is to discuss the options for addressing the shared road
issue.While potentially many years away, it should be noted that options for the eventual
development process for the future park were considered by the County and Town Attorneys in
2007,with the concept of a “Development Agreement” model identified as a mechanism for
addressing future park construction, when funds become available. However, there is no
funding for additional phases of the parkat this time,and no immediate development issues to
be considered for the park at this time beyond the disposition of the “Road A” question.
FINANCIAL IMPACT:
Orange County has appropriated $600,000 toward the cost of
constructing “Road A,” which as proposed wouldstraddle the Twin Creeks/Ballentine property
line andprovide access to the future Twin Creeks Park. Phase Iof the park,the Jones Creek
Greenway from Morris Grove Elementary School onthe northern edge of the Twin Creeks
complex to the southern boundaryof the site,was completed and opened in 2011at a cost of
$927,000.The remainder of Twin Creeks Park construction is beyond the current County CIP
(beyond 2017). General cost estimates for the 96-acre park, which as designed would be the
County’s largest and most-comprehensive, are between $9 million and $12 million (not including
any future roads).
The cost for the construction of Road A is estimated to be between $1.1 and $1.4 million by
staff and MI Homes engineers – not including a crossing of Jones Creek. A potential bridge
across Jones Creek for Road A may cost an additional $1 million.
RECOMMENDATION(S):
The County Manager recommendsthat the two governing Boards
discuss the issues related to the construction of “Road A” and consider alternativeoptions or
solutionsto the current status.
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r���y Zs, 2012
Regulatory Division/1145
Action ID: SAW 2008-00754
� Mr. Jeremy Medlin �
M/I Homes
1500 Sunday Drive,Suite 113
Raleigh,North Carolina 27607
Dear Mr.Medlin: �
The following is an updated letter to our original letter dated December 6, 2006,
regarding avaidance and minuuization of jtu�isdictional stream impacts related to potential
road crassings for the Ballentine Subdivision in Carrboro, Orange County,North Carolina.
Through coardinafion with your consultanf,Mr. Kevin Yates of The John R.McAdam.s
Company, Inc.,we are aware of a pofiential requiremenf by the Town of Carrboro to
construct a road crossing wifihu�.an area currently planned for development of the
Ballentine S�bdivision in Carrboxo, Orange County,North Carolina. The crossing would .
be the third crossing for this development wi�h.in 800 feet and would sfub out after crossing
Jonis Creelc, a jurisdictional tributary to Bolin Creek in the Cape Fear River Basin. Based '
upon the infoimation provided,the only purpose for this crossing i�s to meet the local
ordinance zn support of fizture development and is not safety related.
7n order to utzlize nationwide pernufs,the applicant is required to avoid and minimize
impacts to jurisdictional waters of the United States subject to o�x regulatoiy authority '
ptusuant to Secfion 404 of the Clean Water Act. Once an applicant has adequately '
demonstrated that they have avoided jur.isdictional areas,they must document steps they
have talcen to fiu-ther min;mize impacts to waters of the U.S. Finally, an applicant may be '
_ required to provide compensatory mi�iga�ion for unavoidable jurisdictional impacts.
Accordingly, based upon the provided infaixnation,a request for impacfis to-�he st�eam
oY adjacent wetlands for such a crossing may not meet the nationwzde permit conditions. '
Therefoze, such a proposal may requzre the submittal of a Depa�.-finent of the Army(DA)
individual permit applicatian. '
� While we have not recezved a pernut request fox a third road crossing related to this
project and would nof be able to provide comments regarding either�e issuance or de.nial
of a permii request,please be advised that similar permit requests for non-water dependent .
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projects that impact jurisdictional waters of the United States have not been reviewed
favorably and historically have either been wzthtlrawn by applicants,modified to eliminate
the jtuisdictional impacts, and in some cases have been denied.
Should you have any farther questions regarding this proj ect or t�.e issue of
cons�ructing roads to meet local interconnectiviiy requirements,please do not hesitate to
confactme at(919) 554-4884 ext.26. �
Sincerely,Filename:Ballentine Subdiviszon-
Stream Crossing- Carrbaro-25 Jan 12(2).docx
CESAW RG-RIAW/dh
CESAW-RG-R/FILE
MAIL ( ������
Andrew illi�s
Regulatory Project Manager,
Raleigh Field Office
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' DEPARTMENT OF THE ARMY � �
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• ������ WILMINGTON DISTRICT,CORPS OF ENGINEERS „ �; ����
: �� � 69 QARL1NG70N AVENUE ___��_ _-.- -�
WILMINGTON,NORTH CAR�LINA 28403-1343
w �� REPLYTO . .
ATTENTION OF: JUIZP+2��2�12
Regulatory Division
Action ID: SAW-2008-00754
Patricia J. McGuire,AICP, CZO, CFM
Planning Directar
Tovvx�.of Carrboro
301 W. Main Street
. Cai7boro,North Carolina 27510
Dear Ms. McGuire:
Reference is made to the meeting on March 7, 2012,with qou and other representatives
with the Town of Cai�boro and Mr. Craig Brown and me to discuss our regulatory program
pursuant to Section 404 of the Clean Water Acf with regard to road construction and
residentiaUcornmerciai development. Mr.Mike Braugh,At�oY�ney for the Town of Carrboro; Ms.
Trish McGuire,Planning Director;Mr. Jeff Brubaker, Transp�rtation Planner; and Mr. Heury
Wells,Town Engineer,were also present, Reference is also made to the attached letter dated
January 25,2012,to Mr. Jeremy Medlin,representing M/I Homes and Ballentine Subdivision,
addressing the proposed road crossing of Jonis Creek, a�iibutaxy to Bolin Cxeek, in the Cape
Fear River Basin.
Specifically,the purpose of the meeting was to discuss Depai�tment of the Army(DA)
permitting and how it pertains to road infrastructure planuing and development. In the meeting,
we advised you that in ordex to utilize nationwide permits,the applicant is required to avoid and
uLnimize impacts to jurisdictional waters of the United States subject to our regulatoiy authority.
Once an applicant has adequately demonsi�ated that they have avoided jurisdictional areas,fhey
must document steps they have taken to fiu�ther minimize impacts to waters of the U.S. Finally,
an applicant maq be required to provide compensatozy mitigation for unavoidable jurisdictional
impacts. Please realize that an applicant can still pursue DA individual permitting;however,
they would lilcely experience similar permitting issues in documenting avoidance and
mimmizati0n. i
During the meeting,we also cliscussed road infrastrucizzre develapment by munzcipalities.
We mentioned that municipal'zties can often justify the road's construction based upon firaffic
data and purpose and need of the proj ect;whereas, developers contribute only to a portion of the
tra.ffic volume and have difficulfy justifying road construction based upon the purpose and need.
Accordingly,you were advised that the Town of Cairboro is eligible to apply for DA peimitting ,
to extend Lake Hogan Road north.to access a pzoposed municipal park. Eligihilify for DA
permitting will be based upon the extent of jurisdictional impacts. If project impacts do not
exceed 3001inear feet of Jurisdictional stream channel and/or 0.5 acre of jtu-isdictional wetlands, ;
then the project may be eligible for auf.hozization through nationwide permits. Should the +
impacts exceed those mentioned above,the project would require DA individual permit
authorization, In addition,please be reminded that sisnilar to Ballentine subdivision,a road
which services only a subdivision,parlc, and/or residentiaUcommercial development,will likely '
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be evaluated with the impacts associated with the project. Finally, should it be determined that a . �
road can be bnilt and have independent utility, such as a thoroughfare road,the road may qualify �
for authorization separately.
Should you have any fiu-�her questions regaiding this praject or the issue of constructing
roads to meet local interconnectivity requirements,please do not hesitate to contact me af(919)
554-4884 ext.26.
Sincerely,
���.s'� `�'3��-v �' �
Jean B. Gibby
Chief,Raleigh Regulafory Field Office
Attachment �
Copies FLUxiished(with attachment):
Mx. Jeff Kleaveland
Town of Carrboro Planning Department
301 West Main Street :
Car�boro, North Carolina 27510
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