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HomeMy WebLinkAboutAgenda - 10-19-2006-c1ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: October 19, 2006 Action Agenda Item No.. CA SUBJECT: Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment - Homestead Twin Towns (JPA-CH-Z-2-06) DEPARTMENT: Planning PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Joint Staff Memorandum 2. Map 3. Application Materials 4. Notification Letter &Map 5. Newspaper Legal Ad PURPOSE: To receive public comment on a proposal to amend the Joint Planning Area (JPA) Zoning Atlas to change the zoning of 21.5 acres of land at the southwest corner of Homestead Road and Seawell School Road from Residential-2 (R-2) to Residential-4 Conditional (R-4-C). BACKGROUND: The Town of Chapel Hill has received an application from Capkov Ventures, Inc. to rezone 21.5 acres of land located at the southwest corner of Homestead Road and Seawell School Road in the Chapel Hill Joint Planning Transition Area. The site is identified as being all or a portion of Orange County Parcel Identifier Numbers 9870-71-3194, 9870-70-1770, 9870-61-8593, and 9870-61-8194. The applicant has requested that the site be rezoned from R-2 to the R-4-C zoning district. The existing R-2 zoning allows a maximum density of approximately four units per acre or 86 units and 66,864 square feet of floor area. The Joint Planning Land Use Plan, as amended, designates this area as "Low Residential" (one-to-four units per acre). The applicant proposes 72 units (approximately 3.3 units per acre) for the site, which meets R-2 density requirements, but proposed floor area exceeds R-2 limitations. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin Towns rezoning application is a conditional use rezoning request. Consequently, if the request is approved, the applicant will still need to receive approval for a Special Use Permit application from the Town of Chapel. Hill consistent with the conditional rezoning (which can limit total units and density), prior to the proposed development actually occurring on the site. PIA1111io?, lluhtic Rcninps--00 10 J PA Agendd I lommlear,'W] A119.d0(- 2 FINANCIAL IMPACT: None RECOMMENDATION(S): The Orange County and Chapel Hill Planning staffs recommend approval, of the proposed zoning atlas amendment as contained in the attached analysis. Following conclusion of the Public Hearing, the matter should be referred to the Town of Chapel Hill for decision and to the Orange County Planning Board for a recommendation to the County Commissioners. * Chapel Hill Town Council - November 6 or November 20, 2006 • Orange County Planning Board — December 4, 2006 • Board of County Commissioners — December 17, 2006 P l'uming I: N I i-2ilf)b Pul fl it' "Heal-IN ad'VrAht dhc I" 01-L 11) JPA 3 To: Orange County Board of Commissioners Chapel Hill Town Council Orange County Planning Board Rod Visser, Interim Orange County Manager Roger L. Stancil, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff DATE: October 19, 2006 SUBJECT: Joint Planning Area Public Hearing, 10- 19 -06: HOMESTEAD TWIN TOWNS ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas A request has been submitted to the Town of Chapel Hill for a Zoning Atlas Amendment for a 21.5 acre site located at the southwest corner of Homestead Road and Seawell School Road. The site is located in the Residential -2 (R -2) zoning district with a portion in the Resource Conservation District. The applicant is proposing to rezone the site to Residential -4- Conditional. (R -4 -C). The site is identified as being all or a portion of Orange County Parcel Identifier Numbers 9870 -71- 3194, 9870 -70 -1770, 9870 -61 -8593, and 9870 -61 -8194 and is located in the Chapel Hill Joint Planning Transition Area, outside the Town Limits of Chapel Hill. Background On April 4, 2006, the Town of Chapel Hill received an application for a Zoning Atlas Amendment to rezone 21.5 acres of land on the southwest corner of the intersection of Homestead Road and Seawell School Road. The property is currently located within the Residential -2 (R -2) zoning district and is identified as being all or a portion of Orange County Parcel Identifier Numbers 9870713194, 9870701770, 9870618593, and 9870618194. Accompanying the Zoning Atlas Amendment was a Special Use Permit application. The applicant has requested that the site be rezoned from Residential -2 (R -2) to the Residential -4- Conditional (R -4 -C) zoning district. The existing Residential -2 zoning district allows a maximum density of 86 units and 66,864 square feet of floor area. The accompanying Special Use Permit application proposed 72 units which meets the density requirements for the existing Residential -2 (R -2) zoning district. The proposed Special Use Permit does not meet the Residential -2 floor area limitations. ° The "conditional" designation means that, if the rezoning is approved, no development may occur on the property unless the Chapel Hill Town Council approves a Special Use Permit. The application received by the Town for the proposed Special Use Permit has not been scheduled for a public hearing. Kj C! Summary of the Chapel Hill and Joint Plannine Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 1986. Chapel Hill has since adopted a new Land Use Plan in May 2000 which Orange County adopted as an amendment to the 1986 Joint Planning Area Land Use Plan effective October 1, 2003. The application site is located at the southwest corner of the intersection of Homestead Road and Seawell School Road. The Joint Planning Area Land Use Plan, as amended, in this location is designated as "Low Residential ", 1 -4 units per acre. The Residential -4- Conditional zoning district allows a residential density of up to 10 units per acre, but conditional rezoning can limit the density to 3.3 units per acre, which is consistent with the Joint Planning Land Use Plan. The accompanying Special Use Permit application received on April 4, 2006, calls for a density of approximately 3.3 units per acre. Zoning Atlas Amendments The zoning designation of a property determines the range of land uses and development intensities permitted on the property. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In accordance with the Town of Chapel Hill's Land Use Management Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is a proposal to change the zoning to a different zoning district in which any of several kinds of developments and uses are permissible. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin Towns rezoning application is a conditional use rezoning request. Consequently, if the Homestead Twin Towns conditional use rezoning request were to be approved, the applicant would still need to receive approval for a Special Use Permit application from the Town of Chapel Hill, prior to the proposed development actually occurring on the site. If a Special Use Permit issued for a Conditional Use District is abandoned, revoked, or void, the conditional use zoning also becomes void and the property reverts back to the previous zoning district. Article 4.4 of the Town of Chapel Hill's Land Use Management Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except: a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or c) to achieve the purposes of the Comprehensive Plan." Article 4.4 further indicates: "It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in M conformance with the Comprehensive Plan." As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance stipulates that: "Pursuant to North Carolina General Statutes Section 160A -382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional use district may include a request by the property owner(s) to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Section 4.5 of this Chapter, and may be reviewed concurrently with the Special Use Permit application; provided, however, that the Special Use Permit application shall be approved separately as provided in Section 4.5 of this Chapter." The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny the rezoning request. Existing Zoning The site is presently zoned Residential -2 (R -2), which is a low density residential zoning district. The Residential -2 zoning district requires a 10,000 square foot minimum lot size, establishes a floor area ratio of 0.093, and establishes a density cap not to exceed 4 units per acre. Proposed Amendment to the Joint Planning Area Zoning Atlas The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential -2 (R -2) to the Residential -4- Conditional (R -4 -C) zoning district. The Residential -4- Conditional zoning district requires a 5,500 square foot minimum lot size, establishes a floor area ratio of 0.230, and establishes a density cap not to exceed 10 units per acre which as previously mentioned is constrained to 3.3 units per acre. Discussion Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 shall not be amended except a) to correct a manifest error in the chapter; or b) because of changed or changing conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the Comprehensive Plan. A) A rezoning is justified to correct a manifest error. Staff Comment: We believe the information in the record to date can be summarized as follows: Arguments in Support: We were unable to identify any arguments in support. Arguments in Opposition: We were unable to identify any arguments in opposition. �I R B) A rezoning is justified because of changed or changing conditions in a particular area or in the jurisdiction generally. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of Justification can be summarized as follows: "Since the current zoning was established: 1. The Chapel Hill Carrboro School System has added both an elementary school and a middle school to land adjoining Chapel Hill High School... within walking distance to the site. [Applicant's Statement] 2. The Town has built Homestead park within 1 %2 miles of the proposed "Homestead Twins" community. [Applicant's Statement] 3. The Town has approved plans and allocated funding for a new aquatic center on Homestead Road that will have both indoor and outdoor public swimming facilities. [Applicant's Statement] 4. Orange County has built the Southern Human Services Center off Homestead Road housing a multitude of social services. [Applicant's Statement] 5. The new "Senior Center" is under construction on Homestead Road providing services to our senior population. [Applicant's Statement] 6. The Town of Carrboro is planning their next fire station on Homestead Road less than one mile from the proposed "Homestead Twins" site. [Applicant's Statement] 7. A dense Traditional Neighborhood Development (TND) has been approved on Homestead Road and is now under construction. [Applicant's Statement] 8. Homestead Road has been identified by Town leaders in Carrboro as a possible area for a commercial development zone in an effort to increase their municipal tax base." [Applicant's Statement] Arguments in Opposition: Except for the area zoned Residential -5- Conditional immediately to the south of the project, other nearby properties are in the Residential -1 and -2 zoning districts. C) A rezoning is justified to achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Arguments in Support: Arguments in support of this finding as offered in the attached applicant's Statement of Justification can be summarized as follows: on 7 • "The project will further the goals of the comprehensive plan by reducing automotive traffic, encouraging walking and biking, and directing new the development of housing to areas where the infrastructure already exists." [Applicant's Statement] • The project is within easy walking distance of an elementary, middle, and high school and near public parks, Carolina North, and the County's Senior Center. [Applicant's Statement] • The project will dedicate 20% of its homes to the Orange County Community Land Trust for affordable housing. [Applicant's Statement] • "All development has been concentrated on roughly '/Z of the site, leaving a stream, .300 feet of stream buffer and open space untouched by development." [Applicant's Statement] • 64% of the gross land area on the site is open space or recreation space. [Applicant's Statement] • Two existing homes on the site will be moved and,recycled instead of demolished. [Applicant's Statement] Arguments in Opposition: No arguments in opposition have been submitted to date. Preliminary Recommendation The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed amendment to the Joint Planning Area Zoning Atlas. We believe that this rezoning could be justified based on the finding that a rezoning would achieve the purposes of the Chapel Hill Comprehensive Plan. Our preliminary recommendation is that the Orange County Commissioners and Chapel Hill Town Council adopt the attached ordinance, rezoning the property from Residential -2 (R -2) to Residential -4- Conditional (R -4 -C). We note that further evidence may be submitted at the Public Hearing. 7 D'. AN, ORDINANCE AMENDING THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into -a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS: That 21.5 acres of the site identified now or formerly as being all or a portion of Orange County Parcel Identifier Numbers 9870713194, part of 9870701770, part of 9870618593, and 9870618194 that is currently zoned Residential-2 (R-2), located at the southwest comer of the intersection of Homestead Road and Seawell School Road, shall be rezoned Residential-4-Conditional (R-4-C) zoning, with the following limitations on use: No development may occur on this site unless the Town Council approves a Special Use Permit pursuant to Section 4.5 of the Land use Management Ordinance.. The description of the area to be rezoned is indicated on the attached map. This ordinance shall become effective upon adoption by the governing bodies of Orange County and the Town of Chapel Hill. E., I A RESOLUTION TO DENY AN APPLICATION TO AMEND THE JOINT PLANNING AREA ZONING ATLAS WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and WHEREAS, pursuant to the Joint P * lanning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS -411-:1 CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE TO DENY THIS APPLICATION TO AMEND THE JOINT PLANNING ZONING ATLAS. 6 --' The Hic Wands 10 "F�� &0 � Map Homestead Twin Towns ZnO'DO Map Amendment �� .' 0-13 IANY Homestead Twin Towns Proposed Rezoning Buildings ~n I Existing Chapel Hill Zoning ' mestead Twin owns Proposed Joint Planning Agreement Area, Chapel Hill Transition District Chapel Hill City Limits ====="== Urban Services Boundary Rezoning Average Dally Traffic Count (ADT) �-�----� 2003 DOT Data Ward IM �� .' 0-13 IANY - R | ^�� | //� U � N 200 0 200 400 Feet G|G Map prepared by Chapel Hill Planning October, 2006 Homestead Twin Towns Proposed Rezoning Buildings ~n I Existing Chapel Hill Zoning ' JpA Joint Planning Agreement Area, Chapel Hill Transition District Chapel Hill City Limits ====="== Urban Services Boundary 11,000 ADT Average Dally Traffic Count (ADT) �-�----� 2003 DOT Data - R | ^�� | //� U � N 200 0 200 400 Feet G|G Map prepared by Chapel Hill Planning October, 2006 11 PE 'OWN OF CHAPEL HILL - LANG DEVELOPMENT PERMiT APPLICATION Wn r _ t o v v n o f e h a n a I h i 1 1 or /Tannin grin dex h (Revised January 6, 2006) APPLICANT (person to whom correspondence will be mailed): &04hor N" city.--46y ,g- State: Ne. zip: 2,7607 (%r �� C �„t/r � IAO 7 7A �- Phone: (Office) (Cell) (E =Mail) �0 7,ro V 70 38' PROPERTY INFORMATION: Tax Map(s): 2�_Block(s): Laf(s }: '�' Property Identification #(s) Address: Location: SQ VT - ' side (north, east, south, west) Zoning District(sl and Gross Land Area Within Each: Present Land Use(s): V&Apri Land Area within Resource Conservation District (RCD) and/or Watershed Protection District: AlodB Has this request been reviewed by the Community Design Commission ? If yes, date(s) Name of Proposed Development: f¢' "-.r*s .0 i►'Wtri� rsA/ -re io 0-A'4 j1t% TYPE OF iZEQUEST ............................................ ............................... .........................REFER TO KEY ON REVERSE SiDE Administrative Review ................................................................... .............................1, 7, 9, 12, 14, 15, 16, 17, 18, 24, 26, 27,26, 29 Resource Conservation District Encroachment ....................... :............................1, 3,4. 9, 1Z 14,15, 16, 17, 18, 24, 25, 26, 27, 28, 29 Site Plan Review ............................... ............................... 4.7, 9,12, 16,17 ........ .............................1, 2, 3, , 18.23, 24, 28.27.28, 29 Fnal Plans - Zoning Compliance Permit .................................... ............................... t, 3.4,9,19,14,15,16,17, 18 or 22, 24, 26, 29 Minor Subdivision (including townhouse divisions & commercial subdivisions) .. .............................1, 3, 4.6,13,14,17, 22, 23, 29 Subdivision - Preliminary Plat ........................................................ .............................1, 2.3,-4,6.7,11,17.1-9,22,23.24,27.28,29 -Subdivision;- Final Pl at ........................................... .............. . ..... .............................. 8,10, 13.14, 17, 22, 29 _.,...Special Use Permit- Special Use (SU) ........................... .............................1, 2.3.4, 5, 7, 9,11, 12, 17, 18, 19.23, 24, 26, . 27, 28, 29 Classification of SU: Special Use Permit - Planned Development (PD) .............. ......................... 1,2, 3, 4, 5, 7, 9, 11,12,17.18, 19, 23.24.26, 27, 28, 29 Classification of PD.'.- RCDMfatershed Protection Variance ................................................................. .............................1, 2.3,4. 5, 9, 12,17, 23, 25,29 VarlancelAppeai....................................................... ................................... ............................... ..1, 2.3.4, 5; 9, 12,17,23.29 Zoning Map Amendment: from -7- c. ............... ...,,.......1.2, 3, 4.17, 20, 23, 28, 29 Master. Land Use Plan ..............................:..................................................................................................... ............................... Other The undersigned property owner(s) or contract purchasers) hereby auttiorize(s) the filing of this application, and authorizd(s) on -site review by authorized staff. , 4- ZOO& Signature: Date: The undersigned applicant hereby certifies that, to the best of his or her knowledge and belief, all information supplied with this application is true and accurate. 12 Statement of Justification Homestead Twins Conditional Rezoning A zoning map amendment is justified to accommodate the proposed "Homestead Twins" community because of A) Changing conditions at or around the intersection of Homestead Road and Seawell School Road where the community is to be located, and: B) to more fully achieve the purpose of the comprehensive plan. In addition, the proposed zoning amendment will help promote public health, safety or general welfare of the community in conformance with the Comprehensive Plan. The request for a zoning atlas amendment has been submitted as a conditional rezoning. The approval of the request would authorize the development of the 72 home community of "Homestead Twins ", the plans of which have been formally submitted to the Town of Chapel Hill. The current zoning for the "Homestead Twins" property is R -2 and would accommodate up to 86 homes and allow 66,864 square feet of heated floor area. As proposed, the zoning would be amended to R-4 conditional with 72 homes allowing 133,500 square feet of heated floor area. The number of homes proposed at "Homestead Twins" falls within the current zoning and therefore the basis of the zoning amendment is.to only increase the amount of heated floor area to 133,500 square feet. The amendment would allow the average home size to increase to a modest 1854 square feet per home. We believe that the increase in heated floor area is necessary to accommodate an average family's space needs. Because the proposed development adjoins Seawell Elementary School, Smith Middle School and Chapel Hill High School, we believe accommodating the needs of families should be paramount. A) The area of Chapel Hill where we are proposing to build "Homestead Twins" has undergone substantial change since the current zoning was set and is poised to undergo additional significant change in the near future. Since the current zoning on the property was established: 1.. The Chapel Hill Carrboro School System has added both an elementary school and a middle school to land adjoining Chapel Hill High School. The proposed "Homestead Twins" community is located adjacent to the school property thereby providing an opportunity for children to walk to school from kindergarten through high school graduation. 2. The Town has built Homestead Park within 1 V2 miles of the proposed "Homestead Twins" community. The new park has been built to provide (2) baseball fields, a batting cage, (2) soccer fields, a playground and a dog park. 13 3. The Town has approved plans and allocated funding for a new aquatic center on Homestead Road that will have both indoor and outdoor public swimming facilities. 4. Orange County has built the Southern Human Services Center off Homestead Road housing a multitude of social services. 5. The new "Senior Center" is under construction on Homestead Road providing services to our senior population. 6. The University of North Carolina has announced plans to develop the 600 acre Horace Williams tract into a mix of educational, research, commercial and housing opportunities. A task force has been formed to facilitate its planning. The Horace Williams site will be within a half mile of the "Homestead Twins" community. 7. The Town of Carrboro is planning their next fire station on Homestead Road less than one mile from the proposed "Homestead Twins" site. 8. A dense Traditional Neighborhood Development (TND) has been approved on Homestead Road and is now under construction. 9. Homestead Road has been identified by Town leaders in Carrboro as a possible area for a commercial development zone in an effort to increase their municipal tax base. All of these changes have taken place in the immediate vicinity of the proposed zoning map amendment since the underlying zoning was set. It is clear that significant changes have occurred and will continue to occur to meet the needs of the community. B) Approving the zoning atlas amendment for the property on which "Homestead Twins" is to be located will further the purpose of the comprehensive plan. 1. As outlined previously, the area of Chapel Hill surrounding the proposed "Homestead Twins" has received a new park, a social and community services . center, is soon to have a senior center and a new fire station and will.in the near future be the home of the University of North Carolina's next public private campus. The proposed "Homestead Twins" community will place homes within walking distance or a short commute to all of these existing services. This will further the goals of the comprehensive plan by reducing automotive traffic, encouraging walking and biking and directing the development of housing to areas where the infrastructure already exists. The most efficient use of the abundant facilities on and around Homestead Road will be best served by allowing communities like "Homestead Twins" to be built close to the facilities. In this way, the zoning map amendment proposed will further the purposes of the Comprehensive Plan. 14 2. The proposed community, "Homestead Twins ", is located within walking distance to Seawell Elementary, Smith Middle School and Chapel Hill High School. As part of our proposed plan, we will construct sidewalk along Seawell School Road to connect the community with the schools. It has become clear that there are significant advantages to having our children walk to school. It is safer, healthier and less costly than riding a bus, kids get to know their fellow students and neighbors, it frees up traffic and congestion around the schools at drop off and pick up times, and it is simply better for the environment. The zoning atlas amendment will further the goals of the Town's Comprehensive Plan by allowing a family oriented community to be built next to all levels of public schools. 3. One of the goals of Chapel Hill's Comprehensive Plan is to increase the Town's stock of affordable homes. In residential communities, the development ordinance (LUMO) requires a percentage of all new homes be restricted in size. While this is the requirement, the Town's preference has always been that builders make homes affordable as opposed to size restricted. The plan submitted for "Homestead Twins" will provide 20% of all the homes built in the community remain affordable. The ordinance recommends 15% and we have increased the minimum to 20 %. The proposed amendment to the zoning atlas will further the goals of Chapel Hill's Comprehensive Plan by increasing the stocks of affordable housing. 4. Chapel Hill's Comprehensive Plan has always placed a high priority on open space preservation. The proposed "Homestead Twins" community provides 64% of the gross land area as open space or recreation space. We have concentrated all development on roughly half of the site, leaving a stream, 300 feet of stream buffer and open space untouched by development. The goals of Chapel Hill's Comprehensive Plan will be further advanced by the preservation of open space included in the plan for "Homestead Twins ". 5. As part of our development plan to build "Homestead Twins ", we will move two existing homes on the site to a nearby location on Rogers Road. We believe that recycling the homes is beneficial from an environmental standpoint and helps preserve the Town's stock of existing homes. By recycling the existing homes on the site, we will be furthering the goals of the Town' Comprehensive Plan which advocates recycling when possible. We believe that by approving the zoning atlas amendment and the conditional approval of "Homestead Twins", the Town will more fully achieve the purpose of its Comprehensive Plan. 15 Rezoning Property of Capkov Ventures, Inc. , Penn and GalitanoBurch Homestead Road, Chapel Hill, NC October 3, 2006 Being all of a certain tract of land lying in Chapel Hill Township, Orange County, North Carolina bounded on the north by Homestead Road(Variable Width Public Right -of- Way), on the east by Seawell School Road (100' Public Right -of -Way) on the south and on the west by Lena Burch Galitano and William H. Burch, and being more particularly described as follows: Beginning at a point in the centerline. of Homestead Road, said point being located the following four(4) calls from the centerline intersection of Homestead Road and Seawell School Road: N 87° 07'54" W 26.78', N 84 024'50" W 215.34', N 84 °50'58" W 281.16' and S 85 °42'06" W 382.55' to the true point of beginning; thence, with the centerline of Homestead Road, the following three(3) calls: along the arc of a curve to the right having a radius of 1169.67'(chord N 85 042'06" E 382.55') for a length of 384.27' to a point, S 84 °50'58" E 281.16' to a point, S 84°24'50" E 215.34' to a point, said point being a projection of the western right of- way(R/W) of Seawell School Road; thence S 04°03'38" W 30.01' to a "pk" nail at the intersection of the western R/W of Seawell School Road with the southern R/W of Homestead Road; thence, continuing with the western R/W of Seawell School Road, S 04 °03' 38" W, 883.14 feet.to a point on the R/W. Thence with the GalitanoBurch property line the following courses and distances: N 85 °26'52" W, 619.50 feet to a computed point, N 61 °44'31" W, 233.82 feet to a computed point, N 01 ° 19'04" E, 172.20 feet to a computed point, N 67-14'05" W, 122.81 feet to a computed point, N 38 026'25" W, 310.72 feet to a computed point, . N 13-21'12" W, 103.88 feet to a point on the southern R/W of Homestead Road. Thence with the southern R/W of Homestead Road on a curve to the right with a radius of 1,220.59 feet, curve length of 372.67 feet (Chord bearing of N 67 °23'44" E, 371.22 feet) to a computed point on the southern R/W, thence to a point in the centerline of Homestead Road N 01 °19'04" E, 31.19 feet, said point being the point and true place of beginning and said rezoning tract containing a gross land area of 938,291 SF, more or less. 16 PLANNING Town of Chapel Id'ill 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514 phom (919) 968 -2728 fax (919) 969 -2014 www.townofchapelM.org October 3,. 2006 NOTIFICATION OF JOINT PUBILIC HEARING The following is a notice of a Zoning Atlas Amendment application submitted to the Town for review by the Chapel Hill Town Council and the Orange County Board of Commissioners. The Town is notifying you of the above meeting because County tax rolls list you as the owner of property located within 1,000 feet of the proposed development (see area map on back). HOMESTEAD TWIN TOWNS ZONING ATLAS AMENDMENT (File No. 9870 -71 -3194, 9870 -70 -1770, 9870 -61 -8593, 9870 -61 -8194) The Town of Chapel Hill has received an application for a Zoning Atlas Amendment for 21.5 acres of property at the southwest corner of Homestead Road and Seawell School Road. The proposed Zoning Atlas Amendment would rezone the site from Residential -2 {R. -2) to the Residential -4- Conditional (R -4 -C) zoning district. The site is located within the Chapel Hill portion of the Joint Planning Transition Area. The property is in Orange County, outside the Town Limits of Chapel Hill, and is identified as Orange County Township Parcel Identification Numbers 9870 -71 -3194, 9870 -70 -1770, 9870 -61 -8593, 9870 -61 -8194. * ** Joint Planning Public Hearing * ** Orange County Board of Commissioners /Chanel Hill Town Council Will Be Held On October 19, 2006 at 7:30 PM Orange County Southern Human Services Building Since this site is located in the Orange County /Town of Chapel Hill Joint Planning Transition Area (JPA), both the Orange County Board of Commissioners and the Chapel Hill Town Council must approve the proposed rezoning request before the new zoning could be effective. The County Commissioners and Town Council will hold a Joint Planning Area Public Hearing on the Zoning Atlas Amendment application on Thursday, October 19, at 7:30 PM. The meeting will be held at the Orange County Southern Human Services Building located at 2501 Homestead Road, Chapel Hill. If you wish to submit your comments in written form, you must do so at the hearing and be available to answer questions about them. This application is on file in the Chapel Hill Planning Department and may be viewed weekdays between 8:30 am and 5:00 pm. For more information, please call the Chapel Hill Planning Department at 919- 968 -2728. Area Map ' Homestead Twin Towns P[_'pnt . The Hi Wands Chap.el Hill City Limits 4200 ADT 7000 ADT Chapel Hill CL High School —E�Y// Homestead Twin Towns, Project (in two sections) ~=� 1000'NnUfioobnnLino Buildings JFA Joint Planning Agreement Area �----! Chapel Hill City Limits ==°==="= Urban Services Boundary fxanagn Daily Traffic Count K\DT> Homestead Twin Towns Project 44: EVE do The Hi Wands Chap.el Hill City Limits 4200 ADT 7000 ADT Chapel Hill CL High School —E�Y// 17 ' - I ' N 200 0 200 400 Feet G|G Map prepared by Chapel Hill Planning May, 2006 Homestead Twin Towns, Project (in two sections) ~=� 1000'NnUfioobnnLino Buildings JFA Joint Planning Agreement Area �----! Chapel Hill City Limits ==°==="= Urban Services Boundary fxanagn Daily Traffic Count K\DT> 2V03 DOT Data 17 ' - I ' N 200 0 200 400 Feet G|G Map prepared by Chapel Hill Planning May, 2006 THE CHAPEL HILL HERALD I CHAPEL HILL, NORTH CAROLINA WEDNESDAY, OCTOBER 4, 2006 Best Show Ever. All -star comedy showcase featuring a rotation of DSI's improv teams. Saturdays, 9:30 p.m. Students, $6; others, $8. CageMatch. Competitive long - form show where the audience votes and the winning team will play again next week against a new challenger-Saturdays, 11 Box 3784, Chapel Hill. 932-6050 or www.TCDancers.org. Bring clean, soft -soled shoes for dancing. All ages and skill levels are welcome; no partner needed $6, members; $8, others. Lesson, 7:30 p.m.; dance, 8-11 p.m., unless otherwise noted. Contra Dance. with Barb Kirchner. GLOBAL Hearing Aids Inc. 101 E Center St (US 70) Mebane NC 27302 CALL TODAY! 919 304-1116 TOWN OF HILLSBOROUGH UTILITIES DEPARTMENT Temporary Water Service Interruption 9 a.m. to 3 p.m. Oct. 7, 2006 HILLSBOROUGH — Due to construction taking place at the Waterstone development, water service on N.C. 86 South will be interrupted Oct. 7 to connect a new water line to the highway's existing line. The areas to be affected are just south of Beckett's Ridge Drive to the intersection of N.C. 86 South and New Hope- Road. Water will be turned off at 9 a.m., and service will return no later than 3 p.m. The Town of Hillsborough has notified local emergency personnel and will have staff on site to ensure the construction is performed properly. Temporary cloudiness or discoloration of water may occur. Small particles of iron and manganese that have settled in the water main may be disturbed, causing discoloration. The discoloration does not make water unsafe to drink, but it could discolor fabric. Similarly, when air bubbles enter the water system, they may cause'doudiness in drinking water. If discoloration or air bubbles appear in the water, customers should run cold water in . a bathtub for a few minutes until the water dears. If the water does not dear within five minutes, customers should contact the Town of Hillsborough at 732-2104 during normal business hours or at 732-3621 for emergencies after hours and during weekends. For more information, contact: Kenny Keel, town engineer/Utilities director, 732-1270 Ext. 75 or kepnX.keel@hi1lsb6roughniff- Russell Lloyd, utility inspector, 732-9459 or tohinspectorgearthlink. — NOTICE OF JOINT PLANNING PUBLIC HEARING Orange County Board of Commissioners Chapel Hill Town Council A public hearing will be held in the Southern Human Services Center, 2501 Homestead Road, Chapel. Hill, North Carolina on Thursday, October 19, 2006 at 7:30 P.M. for the purpose of giv- ing all interested citizens an opportunity to speak for or against the following Rem: 1 Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment Purpose: To hear public comment on a proposed rezoning of 21.5 acres of property at the southwest corner of Homestead Road and Seawell School Road from Chapel Hill Residential-2 (R-2) to Chapel Hill Residential-4 Conditional Use (R-4-C) zoning. A proposal to construct 72 residential units contained in 36 buildings on the subject properties is compatible with the existing R-2 zoning of up to four units per acre. However, floor area ratio (FAR) limitations prompted the request .for R-4-C zoning. Conditional use rezoning also is a more specific category and process; which can limit the maximum density of the R-4-C zoning. The permitted density will not be affected by the zoning change, but the permitted FAR will increase making possible a mix of unit sizes that enhances affordable housing opportunities in the Chapel Hill Transition Area. Action Zoning Atlas Amendment From: Chapel Hill Residential-2 (R-2) To: Chapel Hill Residential-4 Conditional (R-4-C) Size: 21.5 acres Location: Southwest corner of Homestead Road and Seawell School Road Identification: Chapel Hill Township, PIN Vs 9870-71-3194, 9870-61-8194, 9870-61-8593 (part), and 9870-70-1770 (part) The zoning atlas amendment requires the approval of the Orange County Commissioners and Chapel Hill Town Council. Questions regarding the proposal should be directed to the Chapel Hill Planning Department at 968-2728. Inquiries may also be directed to the Orange County Planning Department located in the Planning and Agriculture Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday. You may also call 245-2575 or 245-2585 and you will be directed to a staff member who will answer your queqVions.