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HomeMy WebLinkAboutMinutes - 19851203 000326 rams ORANGE COUNTY BOARD OF COMMISSIONERS JOINT PLANNING AREA PUBLIC HEARING DECEMBER 3r 1985 The Orange County Board of Commissioners and the Planning Board met jointly with the Chapel Hill Town Council on Tuesday► December 3r 1985 at 7:30 p.m. in the Superior Courtroom of the Orange County Courthouse► Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall► Moses Carey► Ben Lloyd and Norman Walker. PLANNING BOARD MEMBERS PRESENT: Chair Alice Gordon and members Chris Best► Barry Jacobs► Margaret Miller► Frank Pearson, Carl Walters► and Steve Yuhasz. CIWEL. HIM TOWN COUNCIL MEMBERS PRESENT: Julie Andresen► Nancy Preston. David Godschalk► R. D. Smiths, Arthur Werner► and David Pasquini. ATT9RNEY PRESENT: Geoffrey Gledhill. OTHERS PRESENT: Chapel Hill Planning Board Chair Alice Ingram and Chapel Hill Town Manager David Taylor. STAFF RESENT: County Manager Kenneth R. Thonpsonr Planner Gene Bell► Clerk to the Board Beverly A. Blythe. Administrative Secretary Joanna Bradshaw► and Director or Planning Marvin Collins. A. PUBLIC HE&UNG ON Z-15-85 PARTIN PROPERTY This agenda item is to receive preliminary information on a rezoning request for the Partin Property. PRESFNTATION BY STAFF Director of Planning Marvin Collins made the presentation. Gardner Altman Jr. is requesting a general rezoning of a portion of the property known as the Partin Property. It is located at the Orange/Chatham county line between US 15-501 and Old Lystra Road (SR 1915) . The property is known as Block B. Lot 20 on Orange County Tax Map 128 for Chapel Hill Township. The rezoning request applies to approximately 80 acres. The total acreage of the property subject to the rezoning request is 142.623 acres with 88.283 acres located within Orange County and 54.34 acres located within Chatham County. Approximately 80 of the 88.283 acres is located within Orange County's planning jurisdiction. The portion of the property fronting on US 15-501 and containing approximately 8.283 acres is located within the Chapel Hill planning jurisdiction. The property is located within the Joint Planning Area and subject to review and approval in accordance with the Joint Planning Agreement with the Town of Chapel Hill. The property is designated Twenty Year Transition Area in the Orange County Land Use Plan. The area was amended from Rural buffer to Twenty Year Transition Area in June. 1984. The applicant is requesting a general rezoning from Residential-1 (R-1) to Residential-4 (R-4) . If approved#, the rezoning would allow lot-by-lot development of the tract into minimum 10.000 square foot residential lots. Staff recommended denial of the general rezoning request and stated 000327 that a planned development request would be more suitable for the site given its sizer location and available services. A map and site plan were presented by Collins showing the location of the Partin Property in relation to surrounding areas and the zoning of those properties. Collins stated the standards an applicant requesting rezoning must meet in Orange County. These include a map, a legal description of the property, a statement of changed conditions which would make an amendment to the Zoning Atlas reasonable and the manner in which the proposed amendment will carry out the purpose of the Land Use Plan. Collins stated that the applicant provided a site plan and a legal description of the property. In terms of changed conditions the applicant cited the availability of public utilities, development which has occurred in the vicinity and also the alteration from a rural area to a more urban area as a basis for rezoning. In terms of the manner in which the amendment would carry out the intent of the Land Use Planr the property is designated as a Twenty-year Transition Area and within such an area the proposed R-4 zoning classification is among those zoning districts permitted. Collins then presented the criteria that applies to a R-4 Residential District: 1) It has to be designated by the Adopted Land Use Plan as a transition area (this area is designated in the Land Use Plan as a Twenty--Year Transition Area); 2) Water and sewer lines should exist at the site or be assured of installation as part of the development process (letter from OWASA was cited which indicated their willingness to serve the site - Extension of gravity-flow sewer service to the site would require constructing a major outfall to the site from the existing line along Morgan Creek near its intersection with US 15-501, along Wilson Creek and Cbey's Creek. Such an extension would involve about 2.5 miles of 12-15 inch pipe that must cross at least 17 properties) ; 3) Vehicular access serving the property must consist of direct access to the street classified as arterial or collector in the Orange County Land Use Plan (US 15 501 is classified as arterial) . In terms of these three criteria, the applicant seems to comply with the intent of the Ordinance. Collins then briefly spoke on concerns included in the Joint Staff memorandum included in the agenda packet. One concern is that the distance and extent of construction and easement acquisition necessary to provide sewer service to the site is evidence that urban development of the site before development of the intervening properties is premature. Other concerns are the lack of a fire station which is needed to provide its urban development with adequate fire protectionr lack of a community park which is needed to meet recreational needs and it is also served by a single thoroughfare that is already handling near-capacity traffic loads. Collins stated that the Orange County and Chapel Hill Planning Staffs recommend denial of this application. They recommend that the applicant consider a planned development application. This type application requires the applicant to submit a detailed site plan showing how he intends to develop the property. Through review of such a site plant the staffs can determine the impacts of traffic, water and sewer needs, fire protection needs and recreational needs of the development. It also enables the Board of County Commissioners to attach conditions to the project which could address some of these problems. The planned development approach offers more opportunity to see first hand what the applicant proposes to do in terms of actual development of the site and address any major impacts that may occur. 000323 Marshall inquired how a planned development application could change the very serious negative impacts of lengthy sewer line extensiont lack of fire protection and 15-501 capacity into positive factors. Collins responded that in a planned development the applicant could be required to make improvements to 15-501 along the frontage of his property. The applicant could also be required to provide recreational space within the development which would serve the recreation needs of the southern portion of the County. There is a volunteer fire company in the area and conditions could be included for fire protection such as were attached to the approval by BOOC for Midway Airport. Collins concluded noting that some of the major concerns could be addressed through the planned development approach with attached conditions. Willhoit inquired whether OWASA had indicated they were prepared to build the necessary sewer line at their expense. Collins responded he understood from OWASA that such sewer lines would be paid for by the developer. Willhoit asked if the developer had indicated willingness to build the needed sewer lines. Collins stated that the developer was available for questions. Willhoit referred to the findings of Article 4.2.3 (b) concerning existing water and sewer lines or the installation of such lines and inquired why "yes" was checked. Collins responded it was checked "yes" since OWASA had indicated a willingness to serve the area and the indication that the lines could be assured provided the applicant met OHMSA standards and complied with their water extension policy. Collins expressed concern that this was a major line extended a very long distance. There seemed to be problems securing the necessary easements and the extreme cost to the applicant. He also expressed concern with the potential that this major line would open up in terms of intervening development. Werner inquired if the 12-15" pipe would serve this development only or all the properties (17) that it crossed as well. Collins responded it could serve intervening properties but he did not know at this time at what density they would have to be developed. Carey inquired if it would be a gravity line or force main. Collins responded it would be a gravity line. Preston inquired if OWASA would obtain the easements and Collins indicated the easements would be obtained by the applicant and turned over to OhMSA. Pat Davis, Assistant to the Executive Director of OWASA,, noted there were two approaches for sewer service to the property. The preferable approach is to extend the gravity sewer system. He noted that OWASA does not pay for line extensions through undeveloped properties. That is the responsibility of the benefiting party. There is a reimbursement policy that if one constructs an oversize line that will also benefit off-site property development then that party could be allowed to collect certain connection fees from future development as it tied onto a line that they had provided. The time period for this reimbursement plan is ten years. The second alternative would be to have the developer construct a pump station and force main that could then pump the waste water from the development to an existing portion of the gravity sewer system. The developer would then be responsible for the cost of installing the pump station and the force main and also the possibility of financing a certain portion of the cost of maintenance for the pump station and force main. OWASA prefers the extension of the gravity sewer system. The cost consideration would be made by the developer. It would depend upon the type of development and fire flow requirements as to whether cin 8" water line could be used or a 12" line is needed for sufficient flow and pressure. 000329 Gordon asked for clarification of the 8" line that was referred to as a deadend line. Davis responded that a deadend line is one that extends out to the far reaches of the system without a loop. Davis noted that the long range development plan for the water system calls for extension of a 12" along 15 501 which would complete the loop along 15-501 and Smith Level Road. Yuhasz inquired about alternative #2 and asked if it would take a different and perhaps shorter route. Davis responded it would definitely take a different route. The gravity line would follow the drainage path and be constantly flowing downhill. The force main would follow the road right-of- way so the problem of obtaining easements would not exist. Gordon inquired of Collins on finding 20.3.2(d) referring to changed conditions why the answer was yes if staff recommended denial. Collins responded that this answer should be no. Roger Waldono, Chapel Hill Planning Directorf noted that Collins had covered the material in the memorandum and there were only a few points he would like to make. He felt that timing was a definite factor. He expressed concerns that certain public facilities were missing; water and sewerr fire protection, recreational services and an adequate street or road system. He noted that with this development, 15-501 would be operating well over capacity. He continued noting that the recommendation was for denial and to encourage the applicant to come in with a planned development for the site. Yuhasz questioned how would a planned development be appropriate for this site given the conditions that make a straight rezoning inappropriate. He felt that planned development did not address the major concerns of traffic and water and sewer service. Waldon responded that it was conceivable that a planned development could come in that would address those concerns. Preston inquired if a planned development could be done as the property is zoned now. Collins responded if it was to be developed at R-1 (one unit to the acre) this could be done with a simple subdivision. This would need the approval of Chapel Hill and Orange County. Anything other than R-1 would require a planned development. Gordon noted that the Chapel Hill ordinance handles a planned development as a straight Special Use Permit. The Orange County ordinance handles the planned development as a combination of a rezoning and a Special Use Permit. Godschalk asked that Waldon describe the Chapel Hill/Carrboro Thoroughfare Plan in relation to this proposed project. Waldon responded that a copy of the Thoroughfare Plan was included in the agenda packet and shows 15-501 as a major thoroughfare and Old Lystra Road as a minor thoroughfare. Thus faro, attempts to have 15-501 upgraded have been unsuccessful. The Town of Chapel Hill has attempted to implement this portion of the thoroughfare plan, but it is still perhaps years away. Willhoit inquired how the 8 acres in Chapel Hill's jurisdiction are zoned. Waldon responded R-2 which is 7 units to the acre as Chapel Hill uses floor area ratio as a guide. Willhoit asked if any special approvals would be required to build on this site and Waldon responded that if a subdivision proposal came in it would proceed through the regular subdivision process. If a planned development proposal came in it would go through the Planning Board and Council. Jacobs inquired on what basis the 10 auto trips per unit per day 0000-1 6` 0 was projected. Waldon responded this was the standard trip generation figures from the Institute of Traffic Engineers for estimated trips per day. PRESENTATION BY THE APPLICANT Attorney LeAnn Nease proceeded with the presentation on behalf of the applicant Gardner Altman. Jr. She stated that the requested rezoning was compatible with the surrounding uses of property. She noted that the (8) eight acres in front of the requested rezoning was I-2 which in Chapel Hill's ordinance is roughly the same as Orange County's R-4 (the requested zoning of this portion) . She felt that the requested rezoning would bring the 80 acres into conformity with surrounding uses. She presented a map of Northeast Chatham County from the Land Development Plan which showed the area which abuts the Partin Property to be an area they plan for moderate density residential. She continued that the 80 acres was caught in an area, that for long range solutiont depended on the suitability of the land for wells and septic systems. She noted the surrounding properties were zoned R-1 and R-2 (Chapel Hill zoning - which is not the same as Orange County R-1 and R-2. She felt that this area would become more urban in the next five years rather than the next 10 to 20 years. She noted that urban type development was appearing all around this property. She continued with the application criteria and presented information that provedr to the applicant's satisfaction► that the criteria had been met. Mr. Giles. Ms. Nease's associate, explained the sewer system planned for the development. He noted that eventually there would be a complete on-site gravity fed system. Initially. for development costs and access, it would be forced pumping from the gravity system off-site to GMSA's force system on Smith Level Road. He noted that the applicant feels that the requested rezoning is most appropriate for the market needs of the area at this time. R. D. Smith inquired how much urban type development exist in the area at this time. Nease responded that the Chapel Hill area is growing more urban with the passing of time and the R-4 zoning would compare with the development of Heritage Hills and compare to Orange County R-3. Smith continued noting that there was considerable distance between Heritage Hills and this proposed project. He expressed concern about the present and future traffic impacts on 15-501. He noted there were no figures available showing the impact on 15-501 of the entire tract. He continuedr referring to a Transportation Board meeting at TJCOG. that NCDOT has no plans for improvements to 15-501 in the near future. Nease noted that if the property were developed into 80 one-acre lots, the saturation of 15-501 would also be met. She continued, feeling that it was wrong to let NC,DOT dictate how property is developed and if the message to DOT continues to be that this is a rural transition arear there would probably be no effort on DOT's part to make improvements to 15-501. She felt there was a definite need for moderate priced housing near the Town of Chapel Hill. Commissioner Marshall noted that she had not been able to attend the Transportation Board meetingr but that the COG was beginning to work much more closely with the local members of the Transportation Boardr than we have before and that Mr. Smith's reports on the COG information given at the meeting are probably more accurate than they once would have been. Godschalk clarified that the applicant had indicated that the 80 acres is sandwiched between medium to high density designations to the north (Chapel Hill zoning) and south (Chatham County Land Use Plan) and that this is oo03Jll justification for changing the 80 acres to medium density. Godschalk stated his interpretation of the Chatham County Land Use Plan map is that the Partin property is not included in the medium density area. Nease responded that there did seem to be a gap of about 1/8 mile and she did not know whether this represented a change in policy. It was her opinion that the zoning of the front 8 acres under Chapel Hill zoning was designated at approximately the same zoning designation being proposed for the 80 acres. She felt that these 8 acres do urbanize the area. Gordon spoke to the finding on Article 20.3.2 d about changed conditions and how Nease felt this change promotes the public health► safety and general welfare of the area. Nease responded that the change in zoning makes it possible to provide public water and sewer services and this would definitely be a safety factor over wells and septic systems. She noted there was a limited amount of land for moderate type housing in the area so near Chapel Hill and there was the need for moderate income housing in the area. She also referred to the long term provision of services to an area and the long term effect on the tax base. NOTE: Commissioner Walker left the meeting at 8:50. Willhoit noted that with the current $718 per pupil allocation to the schools► the tax value of a house would need to be near $100.000 to break even just on the school expense. Willhoit asked Pat Davis for clarification on the sewer system and the tying in of a force main into a pump station. Davis responded there was a pump station at the lower portion of the Heritage Hills subdivision which pumps back through a force main which connects to an 8" gravity sewer line at Smith Level Road. He noted again that (7MSA's preference was a gravity sewer system but that service could be provided for the Partin property through a pump station force main system with the pump station being located on the lowest portion of the Partin property that could then be tied into some future gravity sewer service extension up to the Partin property. Ingram inquired of Davis what OMM's policy was on extending services into jurisdictions that do not have representatives on CIMM's Board such as Chatham County. Davis responded that to his knowledge there was no written policy but that services would not be extended into Chatham County unless there was a request from local governing bodies to do so. At this time there have been no such requests and CMM does not have plans to extend service into Chatham County. Godschalk inquired of Collins and Waldon if► as professional planners► they felt that the higher density of the front (8) eight acres urbanized the 80 acres proposed for rezoning. Collins responded that the potential for urbanization was there► but not yet developed. Waldon responded no. Dick Havens► a real estate broker, representing the Partin's interest► expressed the concern that moderate housing development was not available for the public. He also noted that NCDO►T most often reacts after development rather than planning for development in improvement of roads. He expressed support for the rezoning request. He noted that growth could not be stopped but could be made more expensive. He continued that the timing allowed the developer flexibility to the market which dictates growth. Smith inquired what Havens considered moderately priced homes. Havens responded► on this property► to be $75.000 to $80►000. Smith responded U that he felt this was a contradiction; that the market seemed not to be moderately priced homes. Havens noted that the longer the decision was delayed► the more expensive development would be and this cost would be passed on to the consumer. By consensust the hearing was adjourned to the February 3► 1986 Board of Commissioners meeting for the recommendation of the Town of Chapel Hill and Orange County Planning Board. Don willhoit► Chair Joanna Bradshaw► Admin. Secretary Beverly A. Blythe► Clerk