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HomeMy WebLinkAboutMinutes - 20070426APPROVED 611 212 0 0 7 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL JPA PUBLIC HEARING April 26, 2007 7:30 p.m. The Orange County Board of Commissioners met in joint session with the Chapel Hill Town Council on Thursday, April 26, 2007 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing. COUNTY COMMISSIONERS PRESENT: Commissioners Valerie Foushee, Alice M. Gordon, and Barry Jacobs COUNTY COMMISSIONERS ABSENT: Chair Moses Carey, Jr. and Mike Nelson COUNTY ATTORNEY PRESENT: Brian Ferrell and Geof Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below} TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and Council Members Bill Strom, Sally Greene, Ed Harrison, Cam Hill, Jim Ward, Mark Kleinschmidt, and Lauren Easthom TOWN OF CHAPEL HILL COUNCIL MEMBERS ABSENT: BILL THORPE CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: CARRBORO BOARD OF ALDERMEN ABSENT: Mayor Mark Chilton and Aldermen Alex Zaffron, Jacquelyn Gist, Joal Hall Broun, John Herrera, Randee Haven-O'Donnell, and Dan Coleman NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 7:39:41 PM A. OPENING REMARKS FROM THE CHAIR AND MAYORS Commissioner Jacobs said that Chair Carey had an organizational conflict tonight and is out of town. B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS 1. Homestead Twin Towns Zoning Atlas Amendment and Conditional Use Permit Request by Capkov Dentures, Inc. to rezone 21.5 acres of land at the southwest corner of Homestead Road and Seawell School Road from Residential-2 (R-2} to Residential-4- Conditional {R-4-C). Chapel Hill Planning Director J. B. Culpepper said that this is a zoning atlas amendment. She described the property an the map. The property is 21.5 acres located in the southwest corner of Homestead Road and Seawell School Road. The current zoning is Residential 2, and the application proposes rezoning to Chapel Hill's Residential 4 Conditional Zoning District. With the conditional use-zoning district, no development can occur on the property without Chapel Hill's approval in a special use permit. There is a special use permit application tracking through Chapel Hill's process currently. The Residential 2 zoning district allows for up to four units per acre. The applicant is proposing floor area that is greater than allowed with the Residential 2 zoning district. Bill Strom said that Chapel Hill had a big discussion at the hearing on this. He asked if the comments should be restated far the record. J. B. Culpepper said that she would hope that the comments would follow the application through the process. The Chapel Hill Attorney agreed. Eric Chupp is the applicant. He said that his company has been building small communities like this in Chapel Hill for a long time. He said that this is a conditional rezoning and is conditioned on the site plan they are presenting. He said that they are not asking for a higher density as far as the number of units, but only far increased floor area. He said that R2 would allow 86 homes on the property, and this proposal is for 72 homes. This request has been tracking through Chapel Hill's process. He said that, thus far, there has been no opposition to this proposal. He said that, during the planning process, they tried to pay particular attention to the goals of the comprehensive plan, as follows: • Open Space -approximately 60°~ of the site is going to remain untouched • Stream Preservation -there is a stream that bisects the sight and the buffer has been respected. There was a land swap with the neighboring land so that property owners would not have to cross the Resource Conservation District to have access to their property from Seawell School Road. • Tree Preservation -the largest trees will be saved and will be the focal point of the entranceway. There is also a park in the middle with recreational amenities. • Affordable Housing -there will be 20°~ affordable housing, when the ordinance only required 15°~. Orange Community Housing has recommended a slight modification of that with three-bedroom houses and lower prices. • There is an elementary, middle, and high school all within walking distance of this community. • Capkov volunteered to put bike lanes along Homestead Road and Seawell School Road as well as sidewalks to connect the site with all of the public schools. • The location is right for the rezoning and close to the elementary school, and the development is targeting young families. Eric Chupp said that behind the community Homestead Village is the Horace Williams Tract, so at some point there will be educational and employment opportunities also within walking distance. He said that the entire infrastructure for sewer and water has been extended to the site. Also, the two existing homes on the site are being recycled and moved to a lot off Rogers Road. Public Comment Rev. Campbell asked about the site where the old homes will be moved and if there would be water and sewer and Eric Chupp said yes. He asked for specific information an the location of the homes. Phil Post from Capkov painted out the site on the map. He said that there is a waterline an Rogers Raad. Each lot has frontage an the sewer manhole. He said that the two homes are in very good condition and they will be reused and upgraded. Rev. Campbell asked if these homes would be made affordable homes. Eric Chupp said that they would be market rate homes. Rev. Campbell said that this would be moving homes into a neighborhood where no one in the neighborhoad can afford them. Eric Chupp said that they would be moderately priced homes that were built in the 1960's. Rev. Campbell said that this neighborhood will impact the traffic flow all the way down Rogers Road and Homestead Road. He asked about the intersection at Seawell School and Homestead Road and if there would be any widening. Phil Post said that there would be a continuous three-lane section through this area. In addition, there will be bike lanes and sidewalks. Rev. Campbell asked if anyone had looked at the possibility of a crossing guard for the schools. Eric Chupp said that this is an excellent suggestion and they will do this. Ed Narrrson arrived at 8: 00 Pal. Katrina Ryan said that she lives 1,050 feet from the entrance to Twin Towns. She said that the neighborhoad is fine with this development, but the turn on Homestead Raad is a blind curve and is not an opportune spat for a large entrance and exit. Phil Post said that this has been carefully studied and Homestead Road is a DOT road, so there have been a lot of an-site meetings about this. He said that Duke Power had plans to relocate the power lines and when Duke Power enhances the lines, some vegetation will be removed. He said that they will widen the road to three lanes and the sight distance will be very safe after all of these improvements, even beyond the minimum standards far DOT. Orange County Planning Director Craig Benedict said that the staff recommendation is that this proceeds further to the Chapel Hill Town Council on May 21, 2007; to the Orange County Planning Board an June 6, 2007; and the Board of County Commissioners on June 26, 2007. He said that if, in any event, the special use permit in Chapel Hill is not followed through, the rezoning reverts back to the original zoning. A motion was made by Bill Strom, seconded by Jim Ward to close the public hearing and refer to staff. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to close the public hearing and refer this to the Orange County Planning Board for consideration on June 6, 2007 for a recommendation back to the County Commissioners on June 26, 2007. VOTE: UNANIMOUS 2. Animal Services Facility Zoning Atlas Amendment Request by Orange County to rezone 5.96 acres of property on the south side of Eubanks Road west of Millhouse Road from Residential-1 to Office Institutional-1 Conditional to accommodate the construction of an animal services facility. J. B. Culpepper said that the reason for the zoning change is similar to the previous item. This facility is a public use facility and the floor area allowed is smaller than is allowed. Tony Whitaker was representing Orange County tonight and he said that he appreciated comments from Chapel Hill. He said that Orange County operates three separate facilities for animal sheltering and adoption, animal control, and administration and it wants to consolidate functions into a location under one roof. This rezoning will provide the conditions that would allow this to happen. He said that he believes the zoning is justified. There are landfill and public facilities close to this site and this area is moving towards a public service area rather than a residential area. He said that this facility does conform to one of the stated recommendations of the Town of Chapel Hill's adopted comprehensive plan. This recommendation specifically says to encourage regional cooperation, particularly with Orange County and Carrboro, to address the provision of services and infrastructure in the northwest area. He said that this proposed change allows Orange County to provide and to promote public services. Chapel Hill Mayor Kevin Foy said that the Chapel Hill Town Council has already heard this presentation and they have registered their questions. Public Comment: Rev. Campbell said that he is still talking about traffic. He said that this area would be really congested, and he asked if there was a possibility to move this facility from the location it is in now to about 500-1000 yards away. He said that this proposed site is at the crossroads of Millhouse and a stoplight, and this access will impede the flow of traffic going in both directions. He asked haw traffic would be controlled here where there is very light visibility of law enforcement. Tony Whitaker said that the County has purchased this property for this facility. He said that the staff has spent a lot of time on this site in discovering the best location for a driveway and for safety. He said that this access would be the furthest paint away from the railroad track and the signal light. He showed a map of the site. There is an environmentally sensitive area on the westernmost end, so this will be avoided. He said that this driveway is a safe location, from a visibility perspective and from a spacing perspective. There is a proposal to install aleft- turn lane for westbound traffic. Mayor Foy asked about the projected traffic volume generated by the project and Tony Whitaker said that this was studied and proposed to the Town of Chapel Hill's Traffic Engineer. Generally, they believe that during the weekdays, the site will receive about 200 trips per day. On the weekend, there will be about 220 trips per day. Barbara Deal is a property owner at the end of the private road that comes off of Eubanks Road. She asked if the private road would be used as access to the animal shelter. She understands that by the County purchasing the tract that it has the right to enter and leave on the private road. She said that if this were going to be used, she would hope that the road would be paved because this is a dirt road. She asked if this would be the main egress, or if there would be another entrance off of Eubanks Raad. Tony Whitaker pointed out the road on a map. He said that the hope was that it would be reasonable to use this road on a very limited basis. He has heard many concerns about it, so the applicant has decided not to use the road at all. A motion was made by Bill Strom, seconded by Sally Greene to close the public hearing and refer to Chapel Hill staff. VOTE: UNANIMOUS Craig Benedict said that, based on the timeframe, there may be an opportunity to bring this to the Orange County Planning Board on September 5t" and then Chapel Hill could have its decision date on September 10t". The Board of County Commissioners could then hear it on September 19t" A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to close the public hearing and refer it to the Planning Board on September 5`", for a recommendation back to the County Commissioners on September 19t" VOTE: UNANIMOUS D. PUBLIC INFORMATION MEETING Development Moratorium in Carrboro Northern Study Area - A six-month development moratorium is proposed in the Carrboro Joint Planning Transition Areas to allow time for the Town to review/update the implementation of the Facilitated Small Area Plan. Approval by the Board of County Commissioners is required far the moratorium. Commissioner Jacobs said that Orange County's approval is required for this. There were no elected officials present from Carrboro. The representatives from the Tawn of Chape! Hill left at 8:25 p, m. Craig Benedict said that this is an informational item for asix-month moratorium being suggested by Carrboro. This is in the joint planning area, and therefore a process has been set forward by which both Carrboro and Orange County would have to approve. The property is in Carrboro's northern study area. The six-month moratorium is suggested to allow time to review and update the implementation of a facilitated small area plan. It does not require adoption by Orange County, but it does require approval from the Board of County Commissioners for the moratorium to proceed. Orange County Public Information Meeting April 26, 2007 Development Moratorium in Carrboro Northern Study Areal Orange County JPA Transition Area ^ Six-month development moratorium ^ Carrboro Joint Planning Transition Areas ^ Allow time for the Town to review/update the implementation of the Facilitated Small Area Plan. ^ Approval by the Board of County Commissioners is required for the moratorium per JPA. Facilitated Small Area Plan for Carrbaro's Northern Study Area Goal 1 and 2: Patterns of Growth . Minimize Neaative Impacts . Maximize Positive Impacts Efficient Provision of Town Services Goal 3: . Conservation of Environment. Facilitated Small Area Plan for Carrboro's Northern Study Area Goal 6: Adequate Parks and Recreation Facilities. Goal 7: Small Town Character Background Dates ^ Orange County and Towns of Carrboro and Chapel Hill entered into a Joint Planning Agreement (JPA} dated September 22, 1987 ^ A Northern Study Area Plan -February 2, 1999 and subsequent land use ordinance ^ Joint Planning Agreement defines procedures for moratorium ^ A six-month moratorium ^ Town and ETJ October 26, 2007 ^ Transition November-December 2007 ^ Carrboro Board of Aldermen held a public hearing on March 27, 2007 and adopted municipal limits and extraterritorial planning jurisdiction ^ County Commissioners approval pending Transition Areas April 26, 2007 NSA Plan Implementation Committee April 14th and June 16tH Community Forum's #1 and #2 June 17th -July 31St Committee meets to make recommendations August 1 ~c -August 1 btn Final drafts of ordinance amendments August 24tH Draft ordinance submitted August 28tH Carrboro sets public hearing September 6tn_ 20tH Planning Board and advisory boards review changes (including Orange County} September 7t" and September 14tH First and Second Public hearing notices published September 25tH Board of Alderman conducts public hearing If zoning ar land use text ar map amendments, Orange County needs to review and adapt October 26tH ETJ and Town Moratorium expires Recommendations ^ As the Board Decides ^ A decision may be rendered at the conclusion of tonight's public comment or ^ The Board may wish to consider the matter at its meeting on May 3, 2007. Note: These actions do not constitute an adoption but an approval per JPA. Commissioner Jacobs said that this could be referred to the Planning Board, which meets on May 2"d and then to the Board of County Commissioners on May 3rd. He said that the policy of the Board is not to decide on these types of planning items at public hearings. Commissioner Gordon said that she would reinforce what Commissioner Jacobs said about the policy of the Board of Commissioners that it does not decide on planning items on the same night as the public hearing. Public Comment Jamie Dervin, Government Affairs Coordinator for the Chapel Hill Chamber of Commerce, said that he is here to express the concerns of the organization. He said that the Chapel Hill Chamber of Commerce is in favor of the small area plan revision, but as a tool, they have concerns about using a moratorium to reach these ends. He said that delays in construction cause increases in costs. He said that the timeframe worries them because there can be another six-month extension. He said that the law says that Carrboro should state how necessary a moratorium would be to achieve these goals, and he does not think that Carrboro has done this. He said that there is a perception in Chapel HiIIICarrbaro and the greater Orange County area that it is difficult to do business in Orange County. He said that they warty about the message that is being sent by a moratorium. Trish McQuire was present from Carrboro. Commissioner Jacobs asked her about specifics of acreage or why Carrboro was proposing a moratorium. Trish McQuire said that the moratorium will be applied to any new SUP and conditional use permits and it will not affect a large number of projects. Commissioner Jacobs asked haw committed Carrboro was to address this in a six- month timeframe and Trish McQuire said that there is a fair commitment to do this in six months. Commissioner Jacobs asked if the moratorium would commence when Orange County agrees and Trish McQuire said yes. Public Comment: Phil Post distributed letters from property owners in the affected area that are opposed to the moratorium. He is the engineer on two projects that will be stopped by this moratorium. The two projects total about 50 acres and 60 lots. He said that in the Orange County jurisdiction, it will be about 200 acres and 2I3 of the moratorium space. He said that the planning process can go forward and nothing is being held up because these projects would not be an impediment. He said that both of his projects have been in the pipeline for about two years. He said that it takes a long time to get a project in the Carrboro process. He said that the Town of Chapel Hill did a complete comprehensive plan without a moratorium, and Orange County is also doing a comprehensive plan without a moratorium. He thinks that the moratorium is unnecessary. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to refer this item to the Planning Board for consideration on May 2nd for a recommendation back to the Board of County Commissioners no sooner than May 3rd VOTE: UNANIMOUS E. INFORMATIONAL ITEM Jordan Lake Rules -County staff will present a short update on the status and implications of proposed rules that provide a mechanism for the State to enforce nutrient limits and implement a nutrient management strategy. Nate: This is strictly an informational item. Amore detailed presentation can be scheduled far a future meeting if the Board desires. Craig Benedict said that staff would be bringing a full presentation at a later time. Commissioner Gordon said that her understanding is that part of this will impact Chapel Hill and Carrboro more than Orange County. She asked if retrofitting is still in there - to reduce nutrients from existing development. She said that it would be helpful to see the positive consequences of reducing nutrients and the casts. Craig Benedict said that this is coming from the state EMC (Environmental Management Commission). It is not as critical for the County because there is not so much intense development. There will probably be a partnership between the Jordan Lake and Cape Fear basin partners to achieve some of the goals. Commissioner Jacobs said that most of the people in this meeting were around when Jordan Lake was being developed. He said that this was predicted and it was why Mayor Wallace was opposed to OWASA ever taking water out of Jordan Lake because it was projected as the most entrapic lake in the southeastern United States. He said that it looks like exactly what was predicted is what is coming to pass, and the state is belatedly trying to address it. F. ADJOURNMENT The meeting was adjourned at 8:51 PM. Moses Carey, Jr., Chair Donna S. Baker Clerk to the Board