HomeMy WebLinkAboutRES-1999-037 Resolution to Deny Application for CP-1-99 Apex Northwest Partnership C.?
9 9 - 317 9,b
Upon motion of Commissioner Brown seconded by
Commissioner — Jacobs . the foregoing Resolution of the
Orange County Commissioners to Deny Application for Proposed
Amendment to the Land Use Element of the Comprehensive Plan was
adopted this the 18' day of June, 1999 .
I, Beverly A. Blythe, Clerk to the Board of Commissioners
for the County of Orange, North Carolina, DO HEREBY CERTIFY that
the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on June 1, 1999 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. 28 of the minutes of said
Board.
WITNESS my hand and the seal of said County, this 4th day
of June 1999 .
1
Clerk to th$Noard of ComiAissioners
+
jJ
IN
- 11
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH NORTH CAROLINA 27278
r _ �
LAND USE PLAN AMENDMENT
APPLICATION
All persons requesting an amendment to the Land Use Plan of Orange
County are required to complete the following application as completely
as possible:
OFFICE USE ONLY
REQUEST / _ 901
DATE RECEIVED: RECEIVED JAN 0 4 1999
STAFF PERSONS 1 RESPONSIBLE:
GENERAL DATA:
Property Owner(s) Name: APEX A MSHTP
Mailing Address: 1137 KnbAIRE FARM ROAD CARY, NC 27511
Phone: (Home) (Work)919-460-1048
Agent(s) Name: CAIZZM-PARKER, INC.
Mailing Address: 104 N. CHERTON STREET HILL_GBORYr,H, NC 27278
Phone: 919-732-3883
SPECIFIC DATA: * SEE AZTACHM TP
Tax Reference: Township 4 Tax Map 3 Block Lot 14
Public/Private Road Name: NC HIGHWAY 57
Lot Site: Acreage 312.4 ACRES Square Footage 13.608.144 Sn_F*r_
Lot Frontage 249 FP. Let Depth 2628 FT.
Current Plan Category Designation(s) : General AGRICULTURAL RESIDENTIAL
Activity Node RURAL INDUSTRIAL Watershed NEUSE (non-critical)
Joint Planning Area NA
12
REQUEST #LUP-
SPECIFIC DATA (continued) :
Describe Land Uses in the General Area: LIGHT INDUSTRY, CHURCH,
RESIDENTIAL _
On Adjacent Parcels of Land: RESIDENTIAL, CHURCH
REOUEST:
Land Use Plan Category Designation(s) Requested: 10-YEAR TRANSITION
Type of Amendment: Primary X Secondary
This application should be submitted with the following materials:
J Fully dimensioned tax map on which is highlighted the parcel,
or portion thereof, in question.
Legal description of the parcel, or portion thereof.
Letter of request to include:
• the tax reference, general location and owner of the
parcel
• the current and requested land use plan category
designation(s)
• a narrative stating the manner in which the proposed
amendment will carry-out the intent and purpose of the
adopted comprehensive plan or part thereof
• a statement of any other circumstances, factors and
reasons which the applicant offers in support of the
proposed amendment
• statement of the changed or changing conditions in the
area, or in the County generally, which make the proposed
amendment reasonably necessary.
I (We) , the undersigned, certify that all statements furnished in this
application are true and to the best of my (our) knowledge and that the
application as submitted is complete.
A=S CALLEMYN- PIS
NAME OF APPLICANT SIGNATURE F PLICANT(S)
I
DATE
13
LEGAL DESCRIPTION OF PARCEL 4.1.14
BOOK 1746 PAGE 206
BEGINNING at a point located in the centerline of N.C. 57, said point being located
North 10 036'45" East 159.1 feet from N.C.G.S. Monument "Mars", said monument
having North Carolina Grid Coordinates N=859,137.295 and E=1,971,017.260, said
point of Beginning marking the northeast comer of the Mars Hill Baptist Church property
(see deed recorded in Book 276, page 101, Orange County Registry); runs thence along
the lines of the Mars Hill Baptist Church property the following courses and distances:
North 88 039'47" West 397.56 feet to an existing iron pipe; North 88 033'28" West 203.23
feet to an existing iron pipe; South 11°40'22" West 863.12 feet to an existing iron pipe;
and South 88 03328" East 550.30 feet to a point located in the centerline of N.C. 57;
runs thence along the centerline of N.C. 57 South 14°48'40" West 178.27 feet to a point
marking the northeast comer of the property of Annie D. Freeland, now or formerly (see
deed recorded in Book 669, page 97, Orange County Registry); runs thence leaving the
centerline of N.C. 57 along the northern line of the Freeland property North 88 022'32"
West 1210.92 feet to an existing iron pipe marking the northeast comer of property
belonging to Randolph Brown, now of formerly; runs thence North 00 006' West 137.00
feet to a new iron pipe; rune thence along and with a branch the following courses and
distances: North 12°35' West 217.55 feet to a point; North 15 004' East 75.34 feet to a
point; North 41"11' East 123.6 feet to a point; North 13 049' West 189.52 feet to a point;
North 04 033' East 111.58 feet to a point; and North 56 040' West 116.4 feet to an existing
iron pipe marking a comer of property belonging to Robert Dean Ferguson, now or
formerly (see plat recorded in Plat Book 56, page 57, Orange County Registry); runs
thence along the eastern line of the Ferguson property and the eastern line of property
belonging to John T. Homer, now or formerly (see deed recorded in Book '195, page
177, Orange County Registry) North 00 047' East 1702.86 feet to an existing iron pipe
marking the northeast comer of the Homer property; runs thence along the northern line
of the Homer property South 89"31'19" West 448.02 feet to an existing iron pipe
marking the southeast comer of the property belonging to Ray and Bruce Lucas, now or
formerly (see deed recorded in Book 1261, page 592, Orange County Registry); runs
thence along the eastern line of the Lucas property North 00°33'25" East 1459.08 feet to
an existing iron pipe marking the southeast comer of the property belonging to George
Tate, Jr., now or formerly (see plat recorded in Plat Book 18, page 126, Orange County
Registry); runs thence along the eastern line of the Tate Property, and along property
belonging to Charlie W. Torain, now or formerly, North 00 005'03" East 1453.5 feet to an
existing iron pipe located in the southern line of property belonging to William E.
Whiffed, now or formerly (see deed recorded in Book 1245, page 592.1 Orange County
Registry and plat recorded in Plat Book 53, page 102, Orange County Registry); runs
thence along the southern line of the Whitted property South 89 000'47" East 1726.5 feet
to an existing iron pipe marking the northwest corner of property belonging to Cora E.
Hancock, now or formerly (see deed recorded in Book 1423, page 11, Orange County
Registry); runs thence along the western line of the Hancock property South 00 010'47"
East 756.58 feet to an existing iron pipe; runs thence along the southern line of the
Hancock property South 88 009'26" East 1361.94 feet to an existing iron pipe marking
the northwest comer of property belonging to Marvin Phelps, now or formerly; runs
thence along the western line of the Phelps property South 02 025'05" West 1058.4 feet
to an existing iron pipe marking a corner of property belonging to J.J. Freeland Heirs,
14
now or formerly (see deed recorded in Book 400, page 235, Orange County Registry);
runs thence along the Freeland Heirs property the following courses and distances:
North 89 023'41" West 953.00 feet to an existing iron pipe; and South 01°06'56" West
951.82 feet to an existing iron pipe marking the northwest comer of a Quaker Cemetery;
runs thence South 03 011'48" West 522.96 feet to an existing iron pipe marking the
northwest comer of property described by deed recorded in Book 1390, page 592,
Orange County Registry; runs thence South 02°34'15" West 500.62 feet to an existing
iron pipe marking the southwest comer of property described by deed recorded in Book
1451, page 360, Orange County Registry; runs thence South 80 039'30" East 156.7 feet
to a point located in the centerline of N.C. 57, said point being located South 12°14'
West 981.99 feet from N.C.G.S. Monument "Billy", said monument having North
Carolina Grid Coordinates N=860,096.987 and E=1,971,225.337; runs thence South
14 057'18" West 30.76 feet to the point and place of Beginning, containing 312.96 acres,
all according to that survey entitled "Property of Champion Realty Corp." Dated June 10,
1997 and prepared by R. Lowell Hams, Registered Land Surveyor.
15
ATTACHMENT
ADDITIONAL PROPERTIES TO BE AMENDED WITH APPLICATION:
TAX MAP NUMBER. .. WNER:,ANNE-DUNNAGEN-FREELAND-
-i me Ne W1F57---
-HfL±-SB0R6 , Ne 27274
TAX MAP NUMBER: 4.5.B.1A OWNER: EVA P. BROWN ETAL&
LANIE B. POWELL
1101 NC HWY 86 NORTH
HILLSBOROUGH, NC 27278
16
LEGAL DESCRIPTION OF PARCEL 4.5.B.1A
BOOK 1539 PAGE 160
BEGINNING at a concrete marker in the West property line of Claude Porterfield, said
marker being in the East right-of-way line of N.C. Highway No. 86, and running thence
with the East right-of-way line said Highway 86 North 16 deg. 45 min. West 62.55 feet to
an iron stake, the Northwest comer of Claude Porterfield lot; running thence with the
Porterfield line North 89 deg. 45 min. East 614 feet to an iron stake; thence North 00
deg. 51 min. East 1822.39 feet to an iron stake and rock, Northwest comer of tract
belonging to Claiborne Wilkerson; thence with the Wilkerson's line South 88 deg. 21
min. 46 sec. East 640.65 feet to an iron stake, comer with Paul Leroy Wilkerson; thence
with the Wilkerson's line North 17 deg. 23 min. East 401.10 feet to an iron stake in the
line of W.G. Freeland tract; thence with Freeland line North 88 deg. 37 min. 02 sec.
West 502.86 feet to an iron stake, the Southwest corner of W.G. Freeland tract; thence
with the Freeland's line North 00 deg. 59 min. 18 sec. East 1985.63 feet to an iron stake
in the South line of tract belonging to Albemarle Paper Company; thence with Albemarle
Paper Company's line and line of Mrs. Myrtle Blackman North 89 deg. 10 min. West
1291.62 feet to comer with Mrs. Blackman; thence with Blackman line South 41 deg. 51
min. West 777.52 feet to an iron stake; thence continuing with Blackman line South 65
deg. 51 min. West 242.57 feet to stake in center of N.C. Highway No. 86; thence with
said Highway South 16 deg. 57 min. 18 sec. East 741.83 feet to stake in center of
Highway; thence South 00 deg. 30 min. West 100.93 feet to a stake in the West right-of-
way line of said Highway; thence South 00 deg. 30 min. West 1056.12 feet to stake, the
Southwest comer of the tract belonging to Brown Heirs; thence North 89 deg. 30 min.
West 220.74 feet to an iron stake in the South line of the Brown Heirs tract; thence
South 18 deg..41 min. East 457.01 feet to an iron stake; thence South 89 deg. 30 min.
East 70.44 feet; thence South 00 deg. 30 min. West 201.67 feet to an iron stake; thence
continuing South 19 deg. 10 min. East 818.42 feet to an iron stake, comer of tract
belonging to Town of Hillsborough; thence North 87 deg. 08min. East 165 feet to an iron
stake; thence South with the line of the Town of Hillsborough tract 00 deg. 57 min. East
323.05 feet to concrete marker, comer of Mrs. L.E. Crabtree tract; thence with Mrs.
Crabtree's line North 89 deg. 45 min. East 479.49 feet crossing Highway No. 86 to the
place or point of beginning. The above described tract contains 158.95 acres after
excepting the above described tract the homeplace of R.R. Brown containing 2.59 acres
(Deed Book 136, Page 276).
The above described tracts are shown on survey and plat of the J.L. BROWN
PROPERTY ESTATE as surveyed on February 17, 1966, by Davison Timber
Management Service, Inc., and are subject to any and all recorded easements.
LESS AND EXCEPT, HOWEVER, THE REAL ESTATE PREVIOUSLY CONVEYED BY
DEEDS RECORDED IN BOOK 136, PAGE 272; BOOK 207, PAGE 200; BOOK 207,
PAGE 213; AND BOOK 310, PAGE 601, ALL IN THE ORANGE COUNTY REGISTRY.
17
EVA P. BROWN FEB 2
1101 HIOxwAY 86 NORTH
HMLMOROUaH,NORTH CARouNA 27278
February 2, 1999
Orange County Planning Department
306F Revere Road
Hillsborough NC 27278
Re: Inclusion of 78.11 acres (Tax
Map # 4.5.B.1A Pin # 9865-87-8090)
in the 10-year transition area of the
Orange County Land Use Plan, as
requested by Apex Northwest
Partnership
Dear Sir or Madam:
For myself and as the agent of the other owners of the above-described property,
I join with Apex Northwest Partnership in its request that this property be included in the
10-year transition area.
Sincerely yours,
Eva P. Brown
State of North Carolina
County of Orange
Subscribed before me this the 2nd day of Feb 1999.
NOTARY SEAL
My commission expires: r ��
C.D. HOGUE, III
N010ry Public
Orono county
Skft of North Carolina
Xt MM188lon Wfos 8/23/03
qC Land Surveyor 18
a m l lemyn arker In .
I Engineer
REQUEST FOR PRIMARY AMENDMENT TO THE
ORANGE COUNTY LAND USE PLAN
January 4, 1999
Applicant Apex Northwest Partnership
Proposed Land Use
Plan Amendment Property Owner Apex Northwest Partnership
Tax Map Reference Location North of Rocky Lane,between
NC 86 North and NC
4.3..14 57
Total Area 312.96acres—t-
Existing LUP Designations Agricultural Residential(312.4 acres)
Rural Industrial Activity Node (45.45 acres)
Proposed LUP Designation 10-year Transition Area
Size of 312.96acres Description
Future Parcel Planned Unit Development with a residential
Development density of about 2 du/acre. A maximum of
Proposed by about 550 dwelling is anticipated. Clustering of
Applicant units will be proposed in order to create
(if L UP amendment residential pods surrounded and connected by
is approved) open space and greenways. In addition, some
non-residential uses such as a church,daycare,
and retail may be proposed.
Area to be 282 acres
Developed
Area to be 30+acres
Dedicated
for School
Site
104 N.Churton Street,1111ft rough, NC 27278 • (919) 732-3883 • Fax (919) 732-6676
19
i
The applicant owns a 312-acre tract located between NC 86 north and NC 57 behind and
north of Mars Hill Baptist Church. If the Land Use Plan amendment is approved, the
applicant plans to submit a proposal for a Planned Unit Development to include a
combination of residential and non-residential uses, as described in the table above. The
proposal also includes dedication of a school site, and dedication of right-of-way for a
portion of the Western By-pass.
Approval of the Land Use Plan amendment is needed for residential density greater than
one unit per acre. The applicant has proposed that a portion of the area between the
northern boundary of Hillsborough's jurisdiction, and the southern boundary of the
applicant's property also be included in the amendment request in order to provide
continuity between the Transition Area and the Town of Hillsborough(SEE
ATTACHMENT).
MANNER IN WHICH THE PROPOSED AMENDMENT WILL CARRY OUT
THE INTENT AND PURPOSE OF COMPREHENSIVE PLAN
The proposed amendment would positively contribute towards carrying out the following
goals of the Comprehensive Plan:
Goal 53 Direct intensive land use to existing urban areas designated
Transition Area and away from areas which are suitable for
continued agricultural uses and which are protected as water supply
watersheds and water quality critical area
Although the property is currently designated Agricultural Residential it is
not presently being used for agricultural purposes.No record of this
property being used for agriculture could be found. Therefore,
continuation of agricultural uses would not be feasible.
The property is located within the only Orange County portion of the
Neuse River Basin that is not located within a protected watershed.The
southern boundary of the Little River watershed is located about 750 feet
to the north of the property. The Upper Eno Watershed is located about
4,500 feet to the west of NC 57. The Lower Eno watershed is located
about 9,000 feet east of the site. The property is located within the Neuse
River Basin which requires 50 foot buffers along all applicable streams.
As the property is developed these buffers will be established in
accordance with the Neuse River Basin Rules.
Goal 14.2 Require residential developers to set aside an adequate amount of
acreage to meet future school facility needs.
The applicant proposes to dedicate at least 30 acres to the Orange County
Board of Education for a school site(see 11%23/98 letter from Michael
• •20
Parker- Addendum 1). The area to be dedicated is located in the
southernmost portion of the property west and south of Mars Hill Baptist
Church. It would be located on the south side of the proposed alignment of
the western bypass. (see Goal 12.1).
The land to be dedicated is"high and dry", with exception of a small
stream on the southernmost portion that is potentially subject to a 50'
buffer by the Neuse River Basin Rules.
Goal 12.1 Improve and promote the use of existing highway and transportation
facilities as opposed to developing extensive new conventional
transportation systems.
The current Hillsborough Thoroughfare Plan calls for the Western Bypass
to extend from US 70 west of Hillsborough to NC 57. This Thoroughfare
Plan and the proposed alignment of the access road, for the school and
subject development, coincide. NCDOT has reviewed the proposed
alignment and stated that it is acceptable for future construction of the
bypass(See Addendum 2). NCDOT will continue to be a part of the
planning and design component throughout the life of this project.
Construction for the school and proposed development would include
construction of a left turn lane on NC 57 and approximately 1500 feet of
the Western Bypass from NC 57 to the school entrance and future PUD .
Construction of the remaining segment of the bypass between NC 57 and
NC 86 North would be constructed by NCDOT. Although NCDOT has
not indicated when the road will be constructed,it is likely that the
construction schedule would be accelerated due to the dedication of the
right-of-way and the construction of a portion of the road to serve the
school.
Goal 9 The provision of water and sewer lines in those areas that can be
practically and efflciently served by these facilities.
Public water and sewer will be provided by the Town of Hillsborough. It
is within the area designated as Hillsborough Primary Service Area in the
proposed Water and Sewer Management,Planning and Boundary
Agreement.
A 12-inch water main would be extended from the new water tower near
Frank Perry Road to provide water for fire protection for the school site
and for the future needs of the development. Potable water for the school
would be provided by a 2000' extension of the 6-inch line that currently
serves the Mars Hill Baptist Church.
21
Sewer service would be provided by construction of a new gravity line(8"
minimum) following Stroud's Creek to a new pump station in the vicinity
of Governor Burke Road. Service would then continue along a new force
main connecting to the existing outfall on Orange High School Road,
which in turn connects to a pump station near Hwy 70. This conceptual
plan for providing water and sewer service was reviewed by former Town
Engineer Tom Hartye and Town Manager Eric Peterson. It conforms to
the overall master plan for the Town, and wil:help provide service to areas
that do not have suitable soils for conventional on-site septic systems.
(See Addendum 3).
OTHER CIRCUMSTANCES, FACTORS AND REASONS OFFERED IN
SUPPORT OF THE PROPOSED AMENDMENT
1. Other goals of the Comprehensive Plan which could be furthered by approval of
the proposed amendment include the following:
Goal 13.2 Encourage the multiple use of existing public and institutional
buildings and grounds for recreation as well as their primary
use.
Dedication of the school site creates an opportunity for joint
location and use of school and park facilities. The size of the
parcel to be dedicated for a school site is of a sufficient size to
enable development of a joint use facility. By comparison,the
New Hope Elementary School is located on a 23-acre tract and
A.L. Stanback Middle School is located on 30 acres. The
minimum size needed for an elementary school is 10 acres plus 1
acre per 100 students. Therefore,the future elementary school
would require 16 acres for the anticipated 600 students. The
proposed 18 acres to be dedicated at this time plus the 12 acres to
follow would be more than adequate to support both the school and
park facilities. (See Addendum 4).
Goal.13.1 Locate parks and recreational areas close to residential areas
to reduce long trips for recreational purposes.
If a Joint Use Agreement is developed between Orange County and
the School Board,then any recreation facilities or programs which
may be associated with the school site would be within walking or
biking distance from the 550 residences anticipated with the
development of the property. .
2. A school impact fee of$750 will also be collected as lots are developed. This will
result in a contribution of$412,500(assuming development of 550 units) in
addition to the dedication of the school site.
22
STATEMENT OF CHANGED OR CHANGING CONDITIONS WHICH MADE
THE PROPOSED AMENDMENT REASONABLY NECESSARY
1. Several new water supply watersheds, including the Lower Eno, were recognized
in 1993 for protection in accordance with the State's Watershed Protection Act of
1989. The area included in the proposed amendment is now located in the only
Orange County portion of the Neuse River Basin that is not in a water supply
watershed.
2. The development of an elementary school in the proposed location will affect land
use patterns in the immediate area. Residential development in close proximity to
school sites is desirable to minimize traffic and to provide opportunities for
pedestrian and bike access.
3. The proximity to the proposed alignment to the western bypass and two major
arterial roads as shown on the Hillsborough Transportation Plan adopted in 1997
will minimize traffic impact on existing local streets.
23
JA N'
To: R. Eugene Bell, Director
Orange County Planning Department
From: Sheriff Lindy Pendergrass
Date: January 22, 1999
Re: NC 86 and NC 57
Location: Hillsborough Tow ship
Tax Map 3/5 312.96 Acres
Reclassification from Agricultural Residential to
Ten-Year Transactional
The Orange County Sheriff's Office has been asked to write a
letter regarding our ability to provide law enforcement
services for the proposed resoning site.
We presently provide patrol services to this area without
difficulty. However should the area be developed with a large
number of homes requiring services, we would need to have an
increase in personnel and equipment.
Should any further information be needed please contact our
office.
1 S •r a Y Pe Pendergrass
02/02/1399 00:14 9194692864 TRIANCLE MAT. PAGE 02
Town 24
Of
H�llls, gh F-�,,=rEIVED FEB 5 9999
, •:••••
MEMORANDUM
To: Gene Bell.Interim Planning Dkecw
From: Margaret A. Hawk Plmuinj Dhwtorm�i
Date: February 5, 19W
RE: aw&ation regarding Apex Northweu Partnership's Land Use Plan amendment
1 waved to tdw that opporamay to clu*won provided in the appkawn for an amendment
to the Land Use Plan subs by Apex Northwest Partne mbip.
In their apphc,dw discussion of God 9,they stag do"Public water and sewer will be provided by
the Town of HWsborough." The proposed project is within the service rhea for town ut>gkm and
staff has had discussions with the devebpera about serving this project. At this time.a water and
sewn emersion eonuut does not exist between the developer and the Town. The Town Board has
not yet been asiced to consider any agmement with the developers. Any extensions of pub&ati6nties
to the site will be done at the expense of the developer in a schedule and mrmwer that would be
governed by an extendon agreement between the developer and the Town Board.
101 Last OmW 8tr+est • P.O. Bas 40 • 8 U.@barotKh,NW%*Cornea 27278
919-788-2104 • Am- 919-844-8880
Orange County Emergency Management 25
P.O. Box 8181
Hillsborough
North Carolina
27278
9-1-1 Communications Emergency Medical Services
24 Hour Warning Point `.u► a�� Fire Marshal
919-732-8161 .933-2600 ��• Disaster Response
24-Hour Fax Machine s Hazardous Materials
919-967-9026
919-644-3030• %8-2050
''•t► ease AdminismWve Fax Machine
919-968-4066
February 11, 1999
TO: GENE BELL,AICP,PLANNING DEPT.
FROM: MIKE TAPP,DEPUTY DIRECTOR/FIRE MARSHAL 1�r
RE: APEX NORTHWEST PARTNERSHIP
Staff at Emergency Management offers the following comments for the proposed amendment
to the Land Use Element for the proposal from Apex Northwest Partnership. Planned
residential,educational and potential commercial/retail development will impact the
workload of the County 9-1-1 Center,fire and EMS emergency response. Increase in staff
may be needed to process the additional call volumes and mitigation of incidents. We have
an attachment with the potential increases indicated.
We share concerns about means of access for emergency response and disaster mitigation.
Adequate access is vital to a project of this scope to insure secondary means of ingress and
egress.
Water supplies for fire protection should be adequate for necessary fire flows based on
National Fire Protection Association guidelines. Water lines should be looped and fire
hydrants adequately spaced.
If you need additional information,please contact us.
Located at 1914 New Hope Church Road•Chapel Hill,North Carolina 27514
26
3
� � o
O
r
NO
IL I
� coo
vii ° p.
O 0 N cN c
�
y S w � ^
�.a
B., "
t7 R O
y w
('r1 4 c N A b h
A
$O O =1 w
CC0 O! N y R Q
11r�i �
as
lor-
R
'!1 O O O O
4 �!
n
v
27
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
t
V
P D
• Co.
February 5, 1999
Dear Property Owner.
You have been identified as the owner of property within 500 feet of a proposed amendment to the Land
Use Element of the Orange County Comprehensive Plan. This proposed amendment, CP-1-99, has been
received from Apex Northwest Partnership for property between NC 86 and NC 57, north of the Town of
Hillsborough (please see map on reverse). This proposal will be presented at a public hearing before the
Orange County Board of Commissioners and Orange County Planning Board at 7:30 p.m. on Monday,
February 22, 1999.The public hearing will be held in the Judge F. Gordon Battle Superior Courtroom
of the New Orange County Courthouse, 106 East Margaret Lane,Hillsborough,North Carolina.
Apex Northwest Partnership requests an amendment to the Land Use Element of the Orange County
Comprehensive Plan to expand the Ten-Year Transition plan category to land currently designated
Agricultural Residential. The property in question is north of the Town of Hillsborough and lies between
NC 86 and NC 57 and north of Rocky Lane(SR 1622). It lies west and north of Mars Hill Baptist Church
which is approximately 1.25 miles north of the intersection of NC 86 and NC 57. The property is
undeveloped, contains 312.96 acres, and is further referenced as parcel 14, tax map 3, Hillsborough
Township. The southern portion of the property is proposed for dedication as a school site. A smaller tract
containing 78.11 acres referenced as parcel IA,tax map 5,block B, Hillsborough Township,and owned by
Eva P.Brown et al and Lanie B.Powell is adjacent to the Apex Northwest Partnership tract on,the south and
is also included in the request.
The proposed amendment would redesignate this property from its existing classification of Agricultural
Residential to a new category,Ten-Year Transition.The designation of Ten-Year Transition is applied to
land in transition from rural to urban uses which has or will have access to public water and sewer service.
The proposed designation of Ten-Year Transition would allow potential rezoning of the property to higher-
density residential uses in the future. The property is currently zoned AR, which permits residential uses
with a minimum lot size of 0.92 acres.
You are invited to attend the February 22 public hearing and comment on the proposal. If you have any
questions or desire more information about this proposal, please contact me at 732-8181, 967-9251, 227-
2031 or 688-7331 (extension 2594).
Sincerely,
Aol A'4Y
Donald R.Belk,AICP
Planner IULand Use and Preservation
28
EXCERPT FROM MINUTES OF JOINT PUBLIC HEARING, FEBRUARY 22, 1999 v
ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD
ITEM D.2. Comprehensive Plan Amendment
a) CP-1-99 Apex Northwest Partnership
This item was presented by Planner Don Belk for the purpose of receiving public
comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. Mr.
Belk stated that the Land Use Plan is a part of the County's Comprehensive Plan. It guides the
County's policies on growth, establishes land use goals and objectives and seeks to influence
the location and pattern of development. The Zoning Ordinance provides for changes to the
Land Use Element and Land Use categories in.the following situations:
• because of changed or changing conditions in a particular area or areas of the county, or
• to correct an error or omission in the Land Use Plan, or
• in response to a change in polices, objectives, principals or standards governing the
physical development of the County.
The applicant, Apex Northwest Partnership, submitted an application to amend the Land Use
Plan. The property proposed for the amendment lies in Hillsborough Township, north of
Hillsborough between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It is also west
and north of the Mars Hill Baptist Church property. The property is currently undeveloped and
contains two (2) tracts totaling 390 acres. The larger tract is owned by Apex Northwest
Partnership and is 313 acres in size. On the southern portion of the property is a tract owned
by Eva Brown and Wayne Powell and it contains 78.11 acres. There is a significant portion of
this property that lies within the existing Rural Industrial Activity Node which is focused on the
intersection of Coleman Loop Road and NC 86. A Plan Amendment was approved in January
1985 which extended the 10-Year transition area into the southwest quadrant of this activity
node. Eighty-five (85%) of the Powell and Brown tract lies within this Land Use Plan category
and 15% of the Apex Northwest Partnership tract lies within that plan category. The property,
for the most part, is zoned for Agricultural-Residential (AR)which permits residential uses at a
density of 1 unit per acre or a minimum lot size of.92 acres. This amendment to change this
area to a 10-Year Transition Area could possibly result in an extension of urban services which
would impact the rural Industrial Activity Node. Ultimately, because of the higher density uses
that would be permitted with a 10-Year Transition Area that could necessitate another change
to the Land Use Element to change the Rural Industrial Activity Node to a higher intensity
classification such as a Commercial Industrial Transition Activity Node. A 10-Year Transition
Area is described in the Land Use Element as land located in areas that are in the process of
changing from rural to urban and are suitable for urban densities and located in an area that
should be provided with public utilities and services within the first 10-Year phase of the plan.
The Amendment proposed by Apex Northwest in their application would expand the 10-Year
Transition Plan category to land currently designated as Agricultural Residential and Rural
Industrial Activity Node. It would also allow the potential rezoning of property to higher density
residential uses in the future. Changes to the Land Use Categories require comparing the
proposal with criteria to determine the suitability of certain locations to contain certain land
uses. The land use categories help the Commissioners to make decisions about the most
appropriate distribution of land throughout the County. Requests to change the location of land
use categories require that the proposed change be filtered through the locational criteria in
order to evaluate the suitability of the area which contains potentially different land uses. That
determination is the most important step in the analysis of an amendment to change the land
J 29
uses. The locational criteria used to make this determination are land slope, hydrology, flora
and fauna, soil conditions, public services and utilities, transportation system, energy use,
existing land uses, agricultural and forestry, population density and historic and cultural
features.
In the analysis conducted for the Planning Board and Board of Commissioners, a table was
provided that listed each criteria along with the determination of whether the area being
evaluated was compatible for the requested land use category change. The point to be made
about the analysis is that although there have been discussions about a school and/or a park
site, those discussions have not entered into this analysis. The staff evaluation of the locational
criteria is focused on the existing conditions and trends and not on development proposals.
The areas of noncompliance are listed below:
1) Existing Land Use: The property is located in an area which remains largely undeveloped or
in low-density residential use. There has been very little transitional activity at or near this
property. An adjoining, existing Ten Year Transition Area located south of Coleman Loop road
and west of NC 86 has been in place for 14 years and has seen no development activity during
this period.
2) Population Density: According to 1990 census data, the population density for the census
tract block group which contains the property (Tract 109, Block Group 2) is 67 persons per
square mile. By contrast, density for the census tract located south of the property (Tract 110,
Block Group 1), which contains most of the town limits of Hillsborough, is 406 persons per
square mile. This compares similarly with the overall Township density of 430 persons per
square mile.
3) Historic and Cultural: Phelps Farm (Survey (Survey#OR0667) is adjacent to the property.
This site is on the state's National Register Study List and deemed potentially eligible for the
National Register of Historic Places. There are three other sites adjacent to the property that
have been identified in the County's historical architecture survey. There are no known
archeological sites on the property according to state maps. However, the Orange County
Cemetery Survey has identified an old Quaker cemetery near the Mars Hill Baptist Church.
The areas staff found to be"questionable" are listed below:
1)Transportation System: The site is located in close proximity to Interstate 85 and US 70
Bypass. Furthermore, it is situated directly between two major thoroughfares, NC-86 and NC-
57. Despite these locational advantages, direct access to the property is limited. There are two
sections of frontage along NC 86; however, the frontage at the northern end of Parcel 5.13.1A is
constrained by Stroud's Creek. There are two sections of frontage along NC 57. For the
southernmost section, there is a discrepancy between the deed description of the frontage and
measurement of the frontage from the tax map (revised 9/15/97) which was submitted with the
application. According to the deed description, the frontage is adequate in width at
approximately 170', but as scaled from the tax map, the frontage measures only 60' in width.
The northernmost section appears to be no more than 77' wide. There is no direct access to
rail service, however, this should not be a constraint for development of most small-scale
commercial and industrial uses.
2)Agriculture and Forestry: The Brown and Powell tract (4.5.6.1A, 78 acres) is enrolled in the
Orange County Farm Use taxation program, qualifying under Agriculture. The adjacent Phelps
Farm remains an active agricultural operation. Large scale development of the property could
have a detrimental impact on the farm.
30 ,
PRESENTATION BY APPLICANT: Jim Parker, co-applicant for Northwest Partnership, said
he represents Callemyn and Parker. He felt that Mr. Belk presented the criteria extremely well.
He understood that there were items not included in the proposed amendment because they
are in the proposal stage. There has been cooperative effort in developing this project with the
Orange County School Board, Transportation Department and local officials in an attempt to
coordinate what is expected to happen with this project. There is a potential school site to be
located in the southern portion of the large tract. That would be a K-5 elementary school. In
order for that to happen, a portion of the western bypass that is on the County Thoroughfare
Plan would have to be constructed. That has been reviewed by the Department of
Transportation and they are happy with that alignment. In order to serve the site, they would
have access on both sides of the proposed thoroughfare.
Chair Gordon stated that she did not remember the proposed western bypass going east as it
was shown on the map being used for this discussion. She remembered that it did not go east
of Highway 57. She clarified that she was talking about the next part of the plan to be
programmed. Anything to the east of Highway 57 would be very far into the future.
Planner McCalip agreed that the segment next for programming was from Highway 86 west.
Mr. Parker stated that they were aware that there were historical sites located on, or near, this
site. They are aware of the need to buffer those sites from future development. The extension
of public water and sewer utilities would be necessary for the development of a school and
would then be available to serve this site.
Tony Whitaker, President of Civil Consultants, stated that he had been hired by the Orange
County Board of Education to design and provide construction review services for the off-site
water lines and sewer lines to serve the new elementary school which is to be located in the
southern portion of the site in question. He mentioned-that one of the points that has been
introduced about the 10-Year Transition Area characteristics is that the area has or will have
access to public water and sewer lines. He stated that this site does meet that criteria by virtue
of the proposed extension of water and sewer lines for the school. He mentioned that they have
worked with the Town of Hillsborough and they have designed a plan that conforms to the
Town's Master Plan and exceeds their minimum requirements. They have received the Town's
preliminary approval of the concept plan and have noted in their application to Orange County
that the Town of Hillsborough has not approved the water and sewer extension agreement but
they have made significant progress in those negotiations.
QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS OR THE
PLANNING BOARD:
Commissioner Halkiotis stated that the Town of Hillsborough already has a water line that runs
to Mars Hill Baptist Church.
Mr. Whitaker indicated that there was a water line extends to Mars Hills approximately five
years ago. In response to a question, he indicated that the Town did not need the approval of
Orange County to run that line because it is a line maintained by the Town. He mentioned that
the Town is very pleased with the concept behind this design for this school site because there
is a water quality concern for both established residents and the Mars Hill Baptist Church. The
water and sewer lines will enhance some of that water quality problem and will provide a public
3 4 31
utility service to some properties that have been constrained in their development potential.
One of the reasons they have been constrained has been the non-availability of water and
sewer lines. Highway 57 currently has a 6 inch Town of Hillsborough water line extending to
the Mars Hill Church site. The Town has water lines to the west and to the south as well, but
there are no lines in the project area at this time. The sewer lines are in the Governor Downs
Subdivision, the Rencher Street area, and some isolated sewer in the Faucette Mill Road area
to the west. Orange County Schools propose to extend a sanitary sewer gravity line down
Strauss Creek from the school site to the north side of Governor Burke Road. A pump station
would be installed which would pump southward to the Orange High School area. The water
line extension to serve the school would come from the Town's northern water tank and
proceed eastward by a combination of public right-of-way and acquired easement to the school
site. The benefit of that water line would be to provide fire protection service as well as future
potable water service for the school site and other properties.
Commissioner Brown asked for clarification about the apparent discrepancy in road frontage.
Mr. Whitaker indicated that in the deed description the southern road frontage on Highway 57
should be 178 wide but when it was scaled from the tax map it was much smaller than that.
This discrepancy needs to be cleared up about how wide the road frontage is.
Commissioner Halkiotis asked who owned the property on which the Quaker cemetery was
located.
Jim Parker indicated that he did not know who owned the property. He believed that it was
located just off of the property involved in this proposed amendment. If it turns out to be
located on this property it would be preserved.
QUESTIONS AND/OR COMMENTS FROM CITIZENS:
Ted Laws, a local resident, spoke in opposition to this request. He mentioned that as a
business person he has mixed feelings about development and growth. He was concerned
about the concept of putting more people on less land. He is the Chair of the Grounds
Committee at Mars Hill Baptist Church. They have discussed this and are concerned about
increasing the density of this area. He mentioned that the Quaker cemetery is on Betty Hams'
property.
Dr. Weng, an adjoining property owner, spoke in support of this proposal. He owns property
that was zoned 10-year transitional many years ago. He does not have the money to pay for
the water and sewer. He felt that this would be a good time for the County Commissioners to
think about creating a planned development. He commented that growth is inevitable and he
hopes that well planned growth can be encouraged. He asked the County Commissioners to
approve this request.
Susan Dovenbarger, Orange County School Board member, indicated that this site was
selected by the Orange County School board as the location for the new elementary school.
Approximately one and 1/2 years ago the school board appointed a committee to identify sites
for a new elementary school. This group met and identified possible sites. They identified the
number of students living in the northern and western portions of the County and determined
that there are significant numbers of students coming from north of Highway 70. She
3?
mentioned that there are currently students who have two hour bus rides from the farthest
reaches of the northern and western quadrants. The committee looked at GIS maps to look at
size of available parcels outside of watersheds and other restricted areas. They used Planning
Department information to identify where building permits had been issued. They found that a
significant number of the building permits were being issued in the western and northern portion
of the County. They looked at sites that would afford optimal opportunity to collocate school and
recreational facilities. The property in question is in pristine condition with many hardwoods and
even a small creek. These would provide recreational opportunities as well as educational
benefits. The biggest limiting factor that the Orange County School Board faces in siting any
school is its proximity to water and sewer lines. This site does have a six inch water line
adjacent to the property which would need to be upgraded. The owner of the property has
been most cooperative. She mentioned that those working on this project agree that there
would be severe consequences if this project was thrown off course. She mentioned that one
concern in this process is that they were unaware until Friday that the request for the land use
change would be denied by the Planning staff. She stated that they had been led to believe
that the planning staff would recommend approval. She asked that the Board of Commissioners
approve this request.
Ray DeBruhl, the facilities consultant to the Board of Education, stated that he was responsible
for assisting the board in managing to deliver an elementary school by August, 2000. He
mentioned that the owner of the property, Michael Edwards, owns a jewelry store in Cary. Prior
to developing a school site they look 25-40 years into the future to try to visualize where
schools need to be located. One issue they consider is transportation. He mentioned that
Hillsborough's water and sewer plans were also considered. He surmised that the residential
growth that is going to occur would be east of Highway 86. This site would greatly reduce the
cost of transportation for those students in the northern and western areas of the County. He
mentioned that this site is located within the network of roads in such a way as to facilitate the
transportation of students. There is a right-of-way of over 100 feet on Highway 57. The Town of
Hillsborough has the capacity to serve the school site with water and sewer. Piedmont Electric
has agreed to serve this site with natural gas if that is required. The geotechnical study has
been completed and this site is excellent in terms of its technical characteristics. There are no
wetlands or environmental issues which would be impacted by the schools. There is excellent
site drainage. The property represents an excellent opportunity for a public-private partnership.
Mr. Edwards, representing the Apex Northwest Partnership, has agreed to donate a site for the
school and to pay 50°x6 of the road construction cost from Highway 57 to the school. They have
also agreed to pay 50% of the water and sewer costs when they actually access the water and
sewer. They have also agreed to donate the right-of-way for public use of the outer loop
through their property.
County Manager Link asked if there was a binding agreement to donate 18 acres for a school
site or was the donation of the site contingent on the approval of the application.
Mr. DeBruhl stated that there is a written agreement for 18 acres for a school site. However,
this agreement has not been finalized.
Mr. Whitaker stated that it is not contingent upon approval. The School Board has agreed to
support and assist them in their effort to have this amendment approved. The school's
attorney could more accurately answer questions about the legality of the matter. He stated
• , ..3� 33
that there is an agreement that has been signed for the 18 acres and they would be happy to
produce a copy of that.
Chair Gordon asked if it was 30 or 18 acres. Mr. DeBruhl indicated that 18 acres had been
carved out for the school site itself. There is contiguous property that will be open space and
could be developed in conjunction with the County for a community park. He mentioned that the
acreage is considerably more than the original 12 acres. The Outer Loop is under the control of
DOT and they have approved the original layout that had been submitted to them which
includes approximately 40 acres. He pointed out the 18 acres which are under signed contract
with the School Board for a new elementary school
Commissioner Brown stated that she was curious about this proposal for the school site being
presented with the proposed amendment. She remembered that it had been clearly stated at
another meeting that the school is not predicated on this rezoning.
Sister Maria Bugge, of Holy Family Catholic Church, spoke in support of this proposal. This
land cannot be developed because of the lack of water and sewer. Healthy growth will occur in
this area if this request is approved.
Joe Phelps stated that he and his parents own the adjoining Phelps farm tract. He is not
against development but would like to have several issues addressed. He feels that the plan is
being presented in a way as to mislead. He wanted to know how many houses are being
proposed for this tract. He supports providing schools when they are needed but questions
building several hundred homes on this site. He felt that many residents and local farmers
would be requesting approval to develop their land in the near future. He asked that the Board
of Commissioners keep in mind that those Orange County residents' right to develop their land
in the future needs to be protected. He hoped that the Commissioners would keep in mind that
others would be coming before them in the future to request approval and their future rights
need to be protected. He stated that the Commissioners did not need to approve a 400 acre
development to get an 18 acre school site.
Mr. George Johnson, a member of Mars Hill Baptist Church, stated that the Church owns the
right-of way on the south side near the cemetery. He asked that the County clarify that in this
request.
Chair Gordon asked staff to clarify who owns the right-of-way in question. She asked for
clarification about this proposed school site being separate from this request in terms of
process.
Mr. DeBruhl stated that the contract had been signed for the school site. He further explained
that the entrance to the Outer Loop would not be at the southern entrance mentioned by Mr.
Johnson. That would be the entrance to the north.
Chair Gordon felt that there were many unanswered questions. She asked Geof Gledhill for
guidance.
Mr. Gledhill indicated that staff could resolve the right-of-way ownership questions. They could
return with the answers to those questions at the same time that the Planning Board returns
with their recommendation. He felt that there was a linkage between the school location and
I�
34.
whether or not to change the land use plan. However, they are not linked in any other way. The
Board of Commissioners might also request a copy of the contract in order to satisfy
themselves about that. The contract of sale to convey the land is signed. If the owner of the
property has agreed to give the property to the School Board the property will have to be
conveyed by deed. The school would have the ability to enforce that contract and force the
sale. He does not have the contract so he was not sure how that linked into the Land Use Plan
Amendment request.
Chair Gordon asked Mr. Edwards to clarify his intent with regard to the school site.
Mr. Edwards indicated that his intent is to donate that site to the school board and he also
believed that the school board's intent was to assist them in the rezoning of his property. He
mentioned that there is an advantage in their participation in sharing the cost of both the sewer
and the road.
In response to a question from Commissioner Brown, Geof stated that the Commissioners did
not need answers to those questions in order to make a decision on the Land Use Plan
Amendment. The answers could be presented at the next meeting. The only connection is that
one of the criterion in making a change in the Land Use Element is apparently being presented
as being met because of the location of the school.
Staff was asked to return to the next public hearing prepared to answer the questions that have
been raised during this discussion.
A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis, to refer the
proposed amendment to the Planning Board for a recommendation to be returned to the Board
of Commissioners no sooner than May 4, 1999.
VOTE: UNANIMOUS
Excerpt from draft Planning Board minutes, meeting of April 13, 1999 35
2
AGENDA ITEM#5: MATTERS HEARD AT PUBLIC HEARING(FEBRUARY 22, 1999)
a. COMPREHENSIVE PLAN AMENDMENT
(1) CP-1-99 Apex Northwest Partnership
Presentation by Don Belk.
Apex Northwest Partnership requests an amendment to the Land Use
Element of the Orange County Comprehensive Plan to expand the Ten-
Year Transition plan category to land currently designated Agricultural
Residential and Rural Industrial Activity Node.
The property in question is north of the Town of Hillsborough and lies
between NC 86 and NC 57 and north of Rocky Lane(SR 1622). It lies
west and north of Mars Hill Baptist Church which is approximately 1.25
miles north of the intersection of NC 86 and NC 57.
The designation of Ten-Year Transition is applied to land in transition
from rural to urban uses which has or will have access to public water
and sewer service. The proposed designation of Ten-Year Transition
would allow potential rezoning of the property to higher-density
residential uses in the future. The property is currently zoned AR,which
permits residential uses with a minimum lot size of 0.92 acres.
A public hearing on the proposed amendment to the Land Use Element of
the Comprehensive Plan was held on Monday,February 22. The
applicant's agent,Callemyn-Parker,Inc.,has submitted a response to the
Planning Staffs presentation at the public hearing. These comments are
an attachment to these minutes on pages
There were some points from the public hearing that needed clarification
and these have been addressed by the applicant. Staff had indicated they
found only 60 feet of road frontage. That has been rechecked and the
total amount of road frontage is 178 feet. Another question was the
ownership of the Quaker Cemetery. It has been determined that the
cemetery is not within the boundaries of this property.
Based on the analysis of the application and supporting documentation,
the Planning Staff finds that changed or changing conditions cited by the
applicant would not be addressed by the proposed amendment. The
Planning Staff recommends denial of the request with five reasons noted:
1.The proposed amendment is not consistent with all locationl criteria
for a Ten-Year Transition Area.
2.The site has locational advantages given its location between NC 86
and NC 57,but very constrained access to the property. Access
depends upon completion of a proposed Western Bypass(Coleman
Loop Extension),not upon the existing transportation network.
36
3.The surrounding areas are not in transition from rural or low-density
uses to urban or higher density uses. The adjoining Ten-Year
Transition area has been designated since January, 1985,yet no higher
density development activity has occurred there.
4.The property is located in an area of low population density relative to
the overall Hillsborough township population density.
5.The property is located next to a National Register-eligible,working
farmstead. The cemetery located on or near the property has potential
historic significance.
Alois Callemyn,agent for the applicant,asked that the Planning Board
read the response to the Planning Staff concerns dated March 23, 1999
noting that his firm feels that it very adequately addresses those concerns.
He continued that he had also provided a map that indicates the
relationship of the cemetery to the school site and to the proposed project
site.
Callemyn continued,that the applicant is trying,as requested,to separate
the school issue from the land issue. Since the deed has been signed and
given to the school,the Planning Staff has suggested that moving the
school site would facilitate the use of playground between the school
and Mars Hill Church. The applicant has agreed and the deed is in
escrow in the attorney's office until such time as the school decides
whether it wants the site already deeded,or,whether they want to
move away from Mars Hill Church leaving a.buffer that could be better
used for a playground or recreation.
Callemyn stated that there are no holdups as far as NCDOT is concerned
in building the road as soon as construction begins on the school. The
only reason that the thoroughfare from NC 57 to the school would not be
built,is if the school is not built and he has been assured that the school
will be built.
Callemyn indicated the location of the school,the 100-foot right-of-way
that has already been deeded, and the location of the road on the map.
NCDOT plans to build the road from NC 57 at the north side of Mars Hill
Church to near the middle of the school. It would eventually amount to
about 400 feet of road frontage along the new road.
Barrows asked if the development would use the same road as the school
and Callemyn indicated it would and that the new bypass would be the
true frontage of the development.
Allison asked about the location of the Phelps farm and Callemyn
indicated the location on the map. While the farm has been on the
inventory for a long time,they have not chosen to pursue application for
an historic designation.
Ted Laws expressed concern that the bypass was the road adjacent to
Mars Hill parsonage. Callemyn responded that it was the previous
location. Mr.Laws continued that one concern of the church was related
to the road adjacent to the parsonage and increased traffic so near the
home. Another concern was that the church has slightly over ten acres
37
which is not enough for church expansion. If the development does
occur the church could/would anticipate some growth and they would
Re to be able to expand in the event growth does occur. Barrows
responded that would be a Board of Adjustment issue and the strict
parameters would not allow for the variance needed for expansion.
Callemyn spoke to the concern of Mr. Laws noting that he had worked
with the church when they had initially tried to do some additional
building and one of the restraints was water and sewer. Obviously,with
the school being built,they will have access to sewer so some of the land
that was set aside for septic repair could now be utilized. Callemyn
continued that the land south of the church is not in any plans so that land
could be conveyed to the church to increase its impervious surface area.
Any ideas that the church has,the applicant is willing to listen and work
with them to keep the road as far away from the church and cemetery as
possible. He indicated that the developer is more than willing to talk with
and work with a church committee to address all of their issues and
concerns. Mr.Laws indicated he would relay that message to Mars Hill
Church.
Katz asked if the Planning staff's concerns have been addressed by the
response of the applicant or whether there are still some areas of non-
compliance. Belk responded that staff still felt the issues of non-
compliance apply. They have not factored in the existence of a potential
school site into the issues. He continued that several of the points the
applicant made are good clarification of some particular points,
particularly in regard to the Phelps farm. The farm has been on the
National Register Study list for quite some time and the Historic
Preservation Commission has been actively encouraging Mr.Phelps to
pursue getting his property on the National Register and also to becoming
part of the Local Landmarks Program but he has not decided to.do so.
The applicant also answered questions that the Commissioners ad about
road right-of-way and the parameters of the Quaker Cemetery. However,
the staff still stands by the original points of non-compliance on the
application.
Allison asked if the information provided about transportation answered
the concerns or is it still questionable. Belk responded that there are still
some constraints even though the question of site distance is addressed.
Whether the question of non-compliance is addressed,Belk indicated he
was not prepared to answer that question right now.
Brooks asked why Belk was not prepared to answer the question. Belk
responded that is due primarily to the fact that the placement and timing
and construction of the road is tied to the school and the analysis did not
take that into account.
Katz asked about the size of the proposed elementary school. Callemyn
responded 600 with the expansion for another 200. Katz continued,
asking the number of proposed houses. Callemyn responded two per acre
which would be approximately 475 which is indicated in the application.
Callemyn continued that the applicant has offered,upon approval of the
change in the Land Use Plan,to work with the Planning Staff on a
comprehensive plan on how this project should be done.
38
In response to a question from Katz regarding the average number of
people per household,Callemyn indicated he felt it would be three. Katz
then noted that could mean one school age person per household.
Callemyn responded that the intent is to target a broad range of income
levels so there would be a good chance that there would be children in the
age group that would attend the school. Katz noted that would fill the
school to capacity. Callemyn noted that the area would fill the school
and Katz stated that this development would account for two-thirds of the
students and Callemyn agreed that was possible.
Barrows asked for clarification on who is going to pay for water and
sewer. Callemyn responded that the applicant has a contractual
agreement with the school board that the school will design and build the
line and upon completion the developer will pay half of the cost and the
same is true of the road. The developer will pay half the cost of the road.
Once the development is built,the church will also benefit from the water
and sewer lines and there will be better water flow and better fire
protection in the area.
McAdams asked for clarification of the acreage donated for a school site.
Callemyn responded that the land south of the bypass is approximately
forty-five acres. The developer has deeded eighteen acres so that the
school can start construction. As soon as a school site is determined and
a long range plan is developed related to the property,this land will either
go to the school board,parks and recreation. That acreage is dedicated
to something other than development of the property. Eventually,it will
be approximately forty-five acres and a 100-foot right-of-way.
Callemyn,in response to Barrows regarding the school acreage,stated
that eighteen acres has been deeded to the school board. It's a question
of whether the school site is shifted to the west. The reason the
remaining land has not been deeded,is that the developer wants to get
credit for that land as open space. The difference between the eighteen
acres and the forty-five acres is to be dedicated open space.
Allison asked for further clarification on transportation and the location
adjacent to the Phelps farm. Belk responded that the farm is on the
National Register Study List and it still qualifies as a primary
conservation area and maintains the same resource value.
Selkirk asked how the presence of this development would affect the
farm. Belk responded that is hard to know without a plan. Changing this
to Ten-Year Transition would allow for high intensity uses. The Historic
Preservation Commission would be interested in reviewing any
development proposals for potential impact.
Katz asked if the sewer line would have the capacity for development
in excess of the school and this development. Callemyn responded that
there are homes between this area and the Town limits that would
probably want to tap on to the lines. Katz continued,expressing concern
about other larger developments and Callemyn responded that the
capacity would be available.
39
Strayhom asked where the bypass is going when it hits NC 57. Callemyn
responded that the Master Plan continues east and comes into Lawrence
Road and follows Lawrence Road to US 70. Callemyn continued that the
school being between NC 86 and NC 57 moves the road to the top of the
list. The school board has contacted the North Carolina Representatives
and they have assured Orange County Schools that money will be
available for that section of the Outer Loop.
Katz expressed concern that the donation of land for a school greatly
increases the value of the land for the developer and he felt the developer
should build the school. He did not see this as a"great deal"for Orange
County. The area will develop tremendously once the school is built and
this development and it will be a tremendous drain on services and the
need for another school.
Brooks asked why it is always felt that it must be"tit for tat". Because
people move here we have to somehow balance off that cost. "I don't
know why we feel that whoever comes in here after us has to dig down
and put their money up front and pay for things. People come here
because this is a wonderful place to live. They're going to continue to
come here.If we don't want anyone to come here,then there's a few
simple things that we can do,and we can start it right here at this
Planning Board. We can refuse to let anyone develop;we can close
down RTP so there are no decent jobs;close down the hospitals so
there's not good health care;we can eliminate the transportation system
so that retired people don't come here because it's a good place to live for
them. We want this to be a good community,people are going to come
here. We ought to do the best deal we can for the citizens who live here
and for the county we are representing on the Planning Board. I don't
believe we need to put all the emphasis on this as to`we've got to see you
pay if you are going to get any kind of profit'.
Brooks continued,"we are not expecting the plumbers who go out and do
the plumbing or the electricians who go out and do the electrical work on
these houses to pay an added premium for the fact that they are working
and making a profit."
Brooks noted that she is a realtor and while she does not believe in
"raping"the whole county,she did not feel that the next developer
coming in with a project,regardless of the number of houses,should be
expect to do things like build a school.
Walters stated that she felt that sometimes it is forgotten that the
landowner selling the land is not selling just to make a profit. They may
be selling because they are no longer able to work the land,have health
problems that they need money for and some of these things are the
reasons that a lot of the land is going on the market. It is unfortunate that
Orange County has not kept enough young people here to work the land,
they are moving on to other jobs. It is very important to remember those
landowners.They may be just trying to get enough money to live the
remainder of their lives in comfort. She felt that very often the
landowner is forgotten.
40
Strayhorn expressed agreement with statements made by Brooks and
Walters. He noted his main concern that the surrounding community is
treated well. Mars Hill Baptist Church has been there a long time and
deserves every consideration that the developer can give them. He
continued that other properties along NC 57 are in large tracts and has
been in the families for many generations and the owners are struggling
to hold on to their land. Someday,they may also want/need to sell and he
was concerned that the same options be available to them. He expressed
appreciation that the developer seems to be striving to build a bond with
the church and the community. He also had concerns with the road
network and that it seemed there was no way to go but through
Hillsborough.
Katz expressed concern with the rate of change in Orange County and the
serious consequences to the quality of life that it may not allow it to
remain such a nice place to live.
Barrows,responding to Brooks' and Walters' comments,stated that if a
developer purchases land,they will develop it. The landowner has his
profit,he has already sold it. The problem is with the intensity. She
continued that she felt developing at one unit per acre or less would be
fine.Her concerns were also with the increased traffic and overcrowding
of the schools.
Walters stated that if people wanted open space,she felt they missed the
best opportunity for the County when they voted down Purchase of
Development Rights. That is the reason she continued to express concern
for the landowner.
Strayhorn noted that the biggest plus would probably be if it was
incorporated into Hillsborough's city limits. Most cities can furnish
services to high density better than counties.
Michael Edwards,owner of the property,stated that the property was
purchased as an investment with no definite plans for development. he
was approached by the school system. They had indicated to him that
they had a contract on property for which they would be paying$5,000
per acre plus all of the expenses for extension of water and sewer and the
road expenses. They had also indicated that the site was farther from
town and not the most desirable location. They had asked if he would
consider a cooperative situation that would be beneficial to the school
board and the property owners. The results of their discussion was an
agreement to donate a minimum of eighteen acres for a school plus a
minimum of half the costs of water and sewer and road construction.
There are advantages to both sides in such an agreement. Mr. Edwards
continued that he is not trying to take advantage of the system and he has
a good understanding of what happens when development comes in.
Mr.Edwards continued that he fully intends to work with the school
system and the County to meet the requirements. He indicated he was
also willing to work with Mars Hill Baptist Church to donate land that
would assist them in expansion of the church facilities.
41
Roy Wilson,resident two miles north of Mars Hill Baptist Church on NC
57,expressed concerns with the traffic and the current problems getting
onto NC 86 during morning and afternoon hours. He indicated he was
not against the project,but would like some relief from traffic that is
already an issue.
Selkirk stated that he felt development in the area is inevitable and he did
not feel the evidence of non-compliance was very strong. He indicated
he would be in favor of approval of the project moving forward.
Strayhom agreed with Selkirk noting that he had clarified his position
that it would be done in the best way possible considering the church and
the surrounding community. He felt if the school is built,the remainder
of the bypass will be moved farther up the priority list. He continued that
it would be nice to have schools built before the children come and roads
built before the traffic comes but it does not happen that way.
Allison stated that there are some things about the proposal that he liked
such as the public/private partnerships that are happening,the concept of
the school in the neighborhood. There seems to be good efforts to share
with the community on the costs of water and sewer and roads. That is
something that is not often heard of. He felt it was a good start to what
could be some good planning for the area.
Brooks expressed appreciation for the comment regarding variety of
incomes. She would like to see more efforts for a variety of housing.
She also appreciated the willingness to work with residents already in the
area.
McAdams expressed concern that once the area becomes Ten-Year
Transition,since there is no plan,that the door will be open and
development that is not favored by the community could be allowed.
Barrows reminded the Board that what is being considered is a proposed
Land Use Plan amendment and that does not allow stipulations about the
plan at this point.
Katz again expressed concern with the potential for unintended
consequences which could happen every time decisions are made for
changes.
MOTION: Brooks moved acceptance of the proposed Land Use Plan amendment.
Seconded by Selkirk.
VOTE: 6 in favor.
2 opposed(Barrows,Katz).
Barrows expressed concern that the infiastructure is not in place to
support the development and the county will be in the position of reacting
to growth rather than planning for it.
AGENDA ITEM#6: MATTERS PROPOSED FOR PUBLIC HEARING(MAY 24, 1999)
a. ZONING ORDINANCE TEXT AMENDMENT
qa em' nYo( 42
arker IncMI Englneer
March 23, 1999
TO: Orange County Planning Board
FROM: Callemyn-Parker, Inc.
RE: CP-1-99 Apex Northwest Partnership
The public hearing for proposed Comprehensive Plan Amendment for Apex Northwest
Properties was held on February 22, 1999. We believe the proposal complies with
standards and requirements used to evaluate Comprehensive Plan amendments.
The applicant's response to staff comments in the public hearing agenda materials and
comments made at the public hearing are provided below.
RESPONSE TO COMMENTS
The staff recommendation was to deny the Comprehensive Plan amendment for the
following reasons:
1. The proposed amendment is not consistent with all locational criteria for a
Ten-Year Transition Area.
The text of the staff report stated that, of the ten criteria set forth in Section 3.4 of
the Comprehensive Plan, the project complied with five, did not comply with
three, and two were questionable. The criteria found to be non-compliant or
questionable by staff are discussed below.
a) Transportation System
The staff report stated that the adequacy of the transportation system was
questionable due to the constrained access points on NC 86 North and
NC 57. It was also noted that the width of the southernmost access point
on NC 57 was shown as 170 feet by the applicant but scaled to only 60
feet on the tax map.
Applicant's Response
The Western By-pass, included in the Hillsborough Transportation Plan,
will connect the northern frontage on NC57 to the intersection of NC 86
North and Coleman Loop Road. The eastern portion of the Westem By-
pass will be constructed within 18 months by the Orange County Board of
Education. (The Board of Education has requested that NC DOT expedite
completion of the remainder of the By-pass to NC 86.)
Although the tax map shows the southern frontage on NC 57 to be only
about 60 feet in width, the actual frontage is 178.23 feet(per survey for
104 N.Churton Street,Hillsborough,NC 27278 - (919) 732-3883 - Fax (919) 732-6676
43
Orange County Board of Education dated December 18, 1998). When
developed, the property to the north of the By-pass will be served by a
road network with one or more access points on the By-pass, and would
provide stub-outs to adjoining properties so that a road network could
eventually be created to serve the area bounded by the by-pass,-NC 57,
NC 86 North, and Phelps Road. One advantage to this road network is
that access points onto NC 57 and NC 86 North would be limited.
The area to be amended south of the bypass fronts on NC 86 North in
two places.
The northern frontage is about 400 feet in length. Access to NC 86
North would be limited to the southernmost 100 feet due to the
location of Stroud's Creek. The sight distance at this location is about
750 feet to the north and 600 feet to the south. According to NCDOT,
the sight distance needed to safely access onto a road with a speed
limit of 55 MPH is 500 feet. Thus the area is of sufficient size and is in
an appropriate location to be used as an access point onto NC 86.
b) Existing Land Use
The staff report states that the area is largely undeveloped, or is
developed in low-density residential use. It also states that an existing
10-year Transition Area south of Coleman Loop Road and west of NC 86
remains undeveloped.
Applicant's Response
The southern boundary of the site is within about 200 feet of Rocky Lane,
which is the northern boundary of the town limits of the Town of
Hillsborough.
Most of the area bounded by NC 57, Phelps Road and NC 86, and
Rocky Lane is comprised of relatively large lots, the largest of which is
included in the proposed Plan amendment. About%of the lots in the
area are 5 acres or less. Of these smaller lots, about 70% are less than
2 acres. The smaller lots are located predominately along NC 86 North,
and most have direct access onto NC 86 North or Phelps Road. It is
understandable that the area has remained undeveloped due to lack of
an interior road network and lack of public utilities.
The property owner of the existing Transition Area south of Coleman
Loop Road spoke at the public hearing and stated that he had bought the
property years ago, and had requested Transition Area designation as an
investment. It had been his understanding, when the plan designation
was changed in 1985, that services would be extended to the property
within ten years. He also stated that he was not a developer and did not
have the funds to extend water and sewer. With regard to the subject
property, water and sewer will be extended to the southern portion when
the school site is developed. (The school site has been conveyed, and
plans are underway to open the school in 2000.) The subject property
also has the added advantage of easy accessibility to both NC 57and NC
86 North when the bypass is constructed to NC 86 North.
3 44
The Town of Hillsborough has given preliminary, conceptual approval of
the extension of water service. A commitment to provide water cannot be
obtained prior to consideration of a specific development project, and a
specific development project cannot be submitted for consideration until
after the comprehensive plan amendment is approved. Hillsborough has
also indicated that water quality in the 6"water line serving Mars Hill
Baptist Church would be improved with extension of the system, since the
size of the line would be increased, and the system would be looped,
eliminating stagnant water at the end of the water line. At this time Civil
Consultants, Inc., an engineering firm, is designing water and sewer
services to serve this site. These plans are subject to State and Town
approval. These plans will be used to finalize the water and sewer
extension agreements.
The applicant intends to develop the property at an overall residential
density of not more than two units per acres, providing a transition
between the lower densities in the adjacent area in the Agricultural
Residential Land Use Plan designation to the north and the more urban
area of Hillsborough to the south. Ten-Year Transition area is the only
Land Use Plan designation which will allow a density greater than one
unit per acre.
c) Agriculture and Forestry
Staff states that large-scale development of the property could have a
detrimental impact on the Phelps Farm, located along a portion of the
eastern border of the northern portion of the Apex Northwest parcel.
Applicant's Response
Development of the property could include additional buffering along the
common property boundary to minimize any conflicts between the two
uses. Although none of the surrounding farms are currently participating
in the Voluntary Agriculture District program, the Orange County
Farmland Preservation Ordinance requires that all potential buyers within
1 mile of a working farm be advised of the farm's presence. This portion
of the Farmland Preservation Ordinance was adopted to protect farmland
while recognizing the potential for surrounding land to be developed.
d) Population Density
The staff states that the population density of the census tract block group
containing the property is only 67 persons per square mile, compared to
406 persons per square mile for an adjacent tract which contains most of
the town of Hillsborough. By contrast, the overall Township density is 430
persons per square mile.
Applicant's Response
The population density criterion in the Comprehensive Plan states that
4 -2) 45
the property must be "located in areas of m Aerate to high population
densities". The subject property is located vQry near the convergence of
three census blocks.
The census block in which the property is located (Tract 109.02—67
persons per square mile in 1990) contai-is approximately 17.2 square
miles and extends east almost to the D::+ham County Line, a distance
of about 7.3 miles.
The census block to the west (Tract 111 01 —205 persons per square
mile) contains approximately 9.2 square miles and extends to the
west for a distance of about 2.9 miles. 'Jost of the area is located in
the Upper Eno Watershed and Water Quality Critical Area, which is
subject to density restrictions not applicable to the subject property.
The census tract block to the south (Tract 110.01 —406 persons per
square mile) contains 3.3 square miles. Its northern boundary is within
0.3 miles of the subject property and its farthest reach is about 0.7
miles from the property. It contains a portion of the Town of
Hillsborough west of NC 86. This tract provides the most accurate
representation of the"area" in which the property is located due to its
proximity to the site, and similarity of environmental constraints.
It should also be noted that the 1990 census figures do not reflect growth
that has occurred during the past nine years.
e) Historic and Cultural
Phelps Farm
The Phelps Farm is a 150-acre cattle and row crop farm that is adjacent
to the northeast comer of the Apex Northwest Partnership parcel. It is
currently on the Study List for the National Registry. An additional study
would have to be performed in order for it to be placed on the National
Registry. The Orange County Historic Properties Commission has funds
to pay for a study if the owner agrees to the terms. In the early 1990s, the
HPC approached the Phelps'with this possibility, but to date the Phelps'
have not pursued the study on their own or through the County. At the
public hearing, Mr. Phelps indicated a desire to develop his land in the
future.
Quaker Cemetery
A Quaker Cemetery is located between the subject property and NC 57
about .25 mile north of Mars Hill Baptist Church. The Orange County
Inventory prepared in 1986 states that a church building once located on
the property is gone. It also states that restoration of the cemetery began
in 1986 and was to include repair of the surrounding wall and the cleaning
and repositioning of stones. Presently, these restorations have not
occurred. The property has been surveyed and no portion is located on
the subject property. The perimeter buffer of 100 feet required for a
Planned Development would provide protection of the site from any
impacts of development of the adjacent property.
5 46
J.L. Brown House and Deerfield Farm
The J.L. Brown House and Deerfield Farm are 2-story houses that are
indicative to this area. Both properties are located on NC 86 North. Staff
has indicated that these sites are on the Inventory List, but are not a high
priority. National Register status for Inventory List sites would not be
pursued until all 40 of the top priority sites are listed on the National
Registry.
2. The site has locational advantages given its location between NC 86 and
NC 57, but very constrained access to the property. Access depends upon
completion of a proposed Western By-Pass (Coleman Loop Extension), not
upon the existing transportation network.
Locational advantages are discussed in 1 a) above. Access does depend on
construction of a portion of the Western Bypass. The portion of the bypass
needed to provide access to NC 57 will be constructed in the near future to
provide access to the school site that has been acquired by the Orange County
School system.
3. The surrounding areas are not in transition from rural or low-density uses
to urban uses. The adjoining Ten—Year Transition area has been
designated since January 1985, yet no higher density development activity
has occurred there.
This issue is addressed in 1 b)above.
4. The property is located In an area of low population density relative to the
overall Hillsborough Township population density.
The overall population density for Hillsborough Township in 1990 was 430
persons per square mile. The population density of the census tract that most
accurately represents the area in which the property is located was 406 persons
per square mile, which is comparable to the Township density. See also 1 d)
above.
5. The property Is located next to a National Register-eligible working
farmstead. The cemetery located on or near the property has potential
historic significance.
The property owner for Phelps Farm is not seeking National Register status. An
historic Quaker Cemetery is located adjacent to, but not on the property, and
would not be impacted by development. See also 1e) above.
ATTACHED:
Deed between Apex Northwest Partnership and The
Orange County Board of Education
Survey of the Quaker Cemetery and NC 57 frontage