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HomeMy WebLinkAboutAgenda - 08-03-1995 - IX-D 1 r ORANGE COUNTY BOARD OF CONNISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3, 1995 Action Agenda Item # =X_ Q SUBJECT: Z-4-95 DONALD KEITH GODWIN DEPARTMENT: Planning PUBLIC HEARING Yes 8 No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Vicinity Map Extension 2583 Staff Report Draft 5/31/95 Public Hearing Minutes TELEPHONE NUMBERS: Resolution from Town of Carrboro Hillsborough - 732-8181 Draft 7/17/95 Planning Board Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a rezoning requested by Donald Keith Godwin for property owned by Thomas Walker and Gail Harris. This request involves an amendment to both the Orange County Zoning Atlas and the Carrboro Zoning Map. BACKGROUND: The area proposed to be rezoned is located at the northwest corner of Rogers Road and Tallyho Trail. The property consists of one parcel (TM 7 .23.C.25) containing 13.6 acres. Existing subdivisions surround the area on three sides: Meadow Run Subdivision to the north, Fox Meadow Subdivision to the west, and Highland Meadow Subdivision to the south (see vicinity map attached) . According to the Joint Planning Area Land Use Plan (JPALUP) this parcel is categorized as Suburban Residential, and is located within Transition Area I of the Carrboro Joint Development Review Area. The Suburban Residential designation allows densities up to 5 dwelling units per acre. The property is now zoned R-R, which allows a density of up to 1 dwelling unit per acre. The proposed zoning is R-20, which allows a density of up to 2. 1 dwelling units per acre. Attached is a Staff Report for the proposed rezoning prepared by the Carrboro and Orange County Planning Staffs. The Carrboro Board of Aldermen approves changes to its Zoning Map by Resolution, based on the information contained within the Staff Report and 2 comments received through the public hearing process. The Orange County Board of Commissioners takes action subsequent to action by the Carrboro Board of Aldermen. Both Boards must act in the affirmative in order for the rezoning to become effective. The proposed rezoning was presented at a joint public hearing before the Orange County Board of Commissioners and the Carrboro Board of Aldermen on May 31, 1995. Several citizens spoke in opposition to the rezoning. Their concerns included the impact on schools and the increase in stormwater run-off that would be generated by development of the property. The Carrboro Board of Aldermen approved the proposed rezoning on June 20, 1995. The Planning Board considered the proposed rezoning on July 17, 1995, and recommended approval by a vote of 6- 1, with one abstention. Comments made at the public hearing regarding existing problems with stormwater run-off were discussed. The Planning Staff indicated that the problem would be addressed by the Town of Carrboro during plan approval, through the engineering of stormwater controls when the property is developed. RECOI►IIONDATION: The Administration recommends approval of the proposed rezoning. 3 i - TOWN OF CARRBORO NORTH CAROLINA STAFF REPORT TO: Orange County Board of Commissioners Carrboro Board of Aldermen Orange County Planning Board Carrboro Planning Board FROM: Carrboro Planning Staff Orange County Planning Staff DATE: April 25, 1995 SUBJECT: Petition for Change of Zoning for Walker Property(7.23.0.25) REQUEST: An amendment to the Orange County Zoning Atlas has been requested which would incorporate a proposed change to the Town of Carrboro Zoning Map. The proposed change in zoning involves a parcel (7.23.C.25) located in the Carrboro Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan. The total area is approximately 13.539 acres in size and is located on the north side of Tallyho Trail and west of Rogers Road (also known as State Road 1729). Figure 1 (attached) shows the property proposed for rezoning. PETITIONER(S): On April 18, 1995, Donald Keith Godwin submitted a petition to the Town of Carrboro requesting rezoning of this property. Mr. Godwin has a contractual agreement with the property owners, Mr. Thomas Walker and Ms. Gail Harris,to obtain a change of zoning. DESCRIPTION OF THE AREA: The specific parcel to be considered for a change of zoning is identified as: Lot 25, Block C on Tax Map 23 in the Chapel Hill Township. All property or any portion specified is located within Transition Area I of the Carrboro Joint Development Review Area. The property is currently zoned Carrboro R-R, Rural Residential, which allows a maximum density of 1 dwelling unit per acre(43,560 sf). The petitioner is seeking a change in zoning to Carrboro R-20, Residential 20,000 sf Minimum Lot Size, which allows a maximum density of 2.1 dwelling units per acre. P. 0. SOX ago • 301 WEST MAIN STREET.CARROORO.NC 37510 • (919)942.8541 i PAX(910) 968-7737 i TOO(919) 968.7717 AN EQUAL OPPORTUNITY EMPLOYER 4 ( Staff Report: Walker Propern- Petition for Change of Zoning EXISTING LAND-USE: There are existing structures on the property proposed for rezoning. They include: an abandoned single family residential structure (that has not been used in approximately 10 years), and several old sheds (as indicated by the applicant). LAND USES AND ADJACENT ZONING: North: Vacant/undeveloped land and residential uses zoned Carrboro R-R, Rural Residential. including the Meadow Run subdivision. This area to the north is considered Carrboro Transition Area II. South: Residential uses zoned Carrboro R-20, Residential 20,000 sf Minimum Lot Size including the Highland Meadows subdivision. This area to the south across Tallyho Trail is considered Carrboro Transition Area I. East: Vacant land and residential uses zoned Chapel Hill R-1, Residential17,000 sf Minimum Lot Size. This area to the east across Rogers Road is considered Chapel Hill Transition Area. West: Residential uses zoned Carrboro R-R, Rural Residential including the Fox Meadow subdivision. . This area to the west and northwest is considered Carrboro Transition Area II. ZONING HISTORY OF THE PROPERTY: 1988 Zoned Carrboro R-R, Rural Residential, 1 unit per 43,560 sf(1 acre) Minimum Lot Size, as part of the implementation of the Joint Planning Agreement. (Note: The property was consisdered undeveloped in 1988. At that time most undeveloped property was zoned R-R, without regard to transition area designation.) Pre-1988 Orange County R-1, Rural Residential, 1 unit per 40,000 sf Minimum Lot Size. COMPARISON OF ZONES: Carrboro R-R,Rural Residential 43,560 sf Minimum Lot Size: Carrboro's R-R zone is defined in Section 15-135(c)of the Carrboro Land Use Ordinance as follows: The R-R (rural residential) district is designed to accommodate residential and related uses as well as several additional uses that would be appropriate in the more sparsely populated areas of the town's joint planning area, but that would be inappropriate within the more intensively developed residential zones. This residential zoning district requires 43,560 square feet (one acre) of land per dwelling unit. Lot sizes may be reduced to 20,000 square feet of land per dwelling unit if a development is clustered; however, the land which is "saved" must be set aside as usable open space. The overall density of the tract cannot exceed one dwelling unit per 43,560 square feet of land; thus,the maximum density permitted under R-R zoning is 1 unit per acre. Carrboro R-20,Residential 20,000 sq.fly Minimum Lot Size: Carrboro's R-20 zone is a residential zoning district which requires 20,000 square feet of land per dwelling unit. Lot sizes may be reduced to 15,000 square feet of land per dwelling unit if a development is clustered; however, the land which is "saved" must be set aside as usable open space. The overall density of the tract cannot exceed one dwelling unit per 20,000 square feet of land; thus, the maximum density permitted under R-20 zoning is 2.1 units per acre. 2 ' — 5 Staff Report Walker Property Petition for Change of Zoning CONFORMITY WITH THE JOINT PLANNING AREA LAND USE PLAN: According to the Joint Planning Area Land Use Plan adopted by Carrboro, Orange County and Chapel Hill in 1986, this property is classified as Suburban Residential, located within Transition Area I of the Carrboro Joint Development Review Area. Under the JPALUP, the category of Suburban Residential is defined as follows: Suburban Re iden 'al Areas are designated for housing densities ranging from one (1) to five (5) dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban densities, and to be provided with public utilities and services. Housing types range from single-family homes to duplexes to multi family dwellings. However, densities may be lower than one dwelling unit per acre in Suburban Residential Areas. Chapel Hill as part of its Southern Small Area Plan has identified certain areas in the Southern Triangle as being suitable for densities not exceeding one (1) unit per acre for areas immediately east of U.S. 15-501 and densities not exceeding one (1) unit per five (5) acres for areas immediately west of Old Lystra Road. (amended 211193) Both the current Carrboro R-R (1 unit/acre) zoning and the proposed Carrboro R-20 (2.1 units/acre) zoning are well within the density limits of the Suburban Residential Area category of the Joint Planning Area Land Use Plan. CARRBORO SMALL AREA PLANNING PROCESS: Carrboro is in the midst of a comprehensive small area planning process. The process is designed to produce a comprehensive plan for the growth and development of the northern edge of Carrboro's incorporated limits and the Transition Areas. The study area encompasses approximately 3,900 acres within Carrboro and its permitting jurisdiction. The planning process is expected to be complete during calendar year 1995. Carrboro undertook this process in response to increasing growth pressures along its northern boundary. Currently, well over half of the land lying north of N. Greensboro St./Hillsborough Rd. and south of Homestead Rd. (excepting the Henry Horace Williams tracts) is either developed, undergoing development, has a current development permit,or is in the permitting process. Development of a comprehensive plan for this area is the responsibility of the Small Area Planning Work Group, a 34 member group comprised of the Carrboro Planning Board, representatives from the Carrboro Transportation Advisory Board and the Recreation and Parks Commission,and 21 citizens of the study area. The Carrboro Board of Aldermen made a decision not to place a moratorium on development permits during this planning process. However, the land in the Transition Area cannot be rezoned by the Board of Aldermen alone, rather it can only be rezoned by the Board of County Commissioners pursuant to a joint public hearing process as provided for in the Joint Planning Agreement. ANALYSTS ZONING DISTRICTS: Carrboro's R-R and R-20 zoning districts are similar in many of the uses permitted. Nonetheless, there are a number of uses permissible in the R-R zoning district that are not permissible in a R-20 zoning district. These uses include: temporary homes for the homeless; horseback riding stables; institutional residences such as nursing care, intermediate care, handicapped, aged, infirm, or child care institutions; veterinarian 3 6 Staff Report: Walker Property Petition for Change of Zoning and kennel operations; agricultural operations which include livestock; airports; sanitary landfills; cemeteries; and commercial greenhouse operations with on-premises sales. Rezoning to R-20 would move this parcel to a more restrictive zoning category while more than doubling the allowable density. There is a significant difference between Carrboro R-R and R-20 in the maximum number of dwelling units allowed per acre. Carrboro R-R allows 1 dwelling unit per acre; R-20 allows up to 2.1 dwelling units per acre. Dimensional requirements for the R-R and R-20 zoning districts are the same. The parcel under consideration for rezoning is approximately 13.539 acres. Under R-R zoning a maximum of 13 units could be developed; under R-20 zoning a maximum of 28 units would be possible. It is critical to note that it is very difficult to realize this maximum number of standard single family lots from the parcel because no land has yet been set aside for roads, recreation purposes, required stream buffers, or as undevelopable land. However, with multi-family or certain cluster designs, it is more likely that.this maximum number of lots maybe realized. TRANSPORTATION: The property proposed for rezoning is accessed via Rogers Road (SR 1729) or Tallyho Trail. These roads in addition to Homestead Rd. (SR 1777) and Eubanks Road are the main transportation routes that will be impacted by development that occurs on this parcel. The North Carolina Department of Transportation has recently completed a feasibility study of possible improvements to Homestead Rd. from the Calvander intersection east to NC 86. Additionally, a request for enhancements to widen Rogers Road between Homestead Road and Eubanks Road to include a four-foot shoulder section for bike lanes has been placed on the 1996-2002 Transportation Improvement Program Request list. A feasibility study is required before any road project can be reviewed by the State Board of Transportation for possible inclusion on the State Transportation Improvement Plan. A feasibility study is very preliminary and is used mainly for cost estimating purposes. It represents the first of several detailed studies which must be completed in order for a road improvement project to move forward towards funding and construction. The time between feasibility study and actual construction is generally measured in years rather than months. In addition, detailed transportation impact studies are required as part of Carrboro's permitting process for development. Nonetheless, the following information is offered as a first iteration on the transportation impacts of full development of this parcel on transportation routes in the area Under Carrboro R-R zoning, single family development of this parcel allows a maximum of 13 units producing an estimated 130 vehicle trips per day. Single family development of this parcel under Carrboro R-20 zoning allows a maximum of 28 units producing an estimated 280 vehicle trips per day. The 1994 Average Daily Traffic (ADT) on Rogers Road is estimated to be approximately 2,000 vehicles per day (vpd). Rogers Road is designed to handle an ADT of 10,000 vpd at capacity. Current DOT projections indicate that ADTs on Rogers Road will exceed 6,000 vpd over the next decade. The 1994 ADT on Eubanks Road is estimated to be approximately 1,700 vpd. Eubanks Road is designed to handle an ADT of 10,000 vehicles per day at capacity. The 1994 ADT on Homestead Road is estimated to be approximately 5,000 vpd. Homestead Road is designed to handle an ADT of 12,000 vehicles per day at capacity. It is apparent that full development of this parcel at either zoning density will, at completion, increase the number of vehicles per day on Rogers Road, Homestead Road, and Eubanks Road However,full development of this parcel alone, absent of other development projects would not push the ADT on any of these roads beyond their current design capacity. 4 r • 7 Staff Report: Walker Property Petition for Change of Zoning PUBLIC UTILITIES AND SERVICES: This property maybe served by public water and sewer. As a part of the application for rezoning, Orange County requires that applicants obtain letters from agencies stating that the property can be served by public utilities and services. Those letters will be provided for reference at the Joint Public Hearing scheduled for May 31, 1995. . RECOMMENDATION: The Carrboro and Orange County planning staffs recommend approval of the proposed rezoning provided that the Board of Aldermen and the Board of County Commissioners find that the proposal is consistent with the provisions of the Joint Planning Area Land Use Plan. The Administration recommends approval of the attached resolution approving the rezoning. 5 Petition for Change of Zoning Walker Property 7 . 23 .C. 25 I d � R #A€ i I i r- HOGAN ARM — V — R-2 �- S IL ¢ao AR AD R-2o City Limits N Property Lines Zone RR ZOM *20 N zwe wis N Zwe MITI 0 10=000 ^' r TOWN OF CARRBORO 9 NORTH CAROLINA O• • T 29 June, 1995 John M. Link, County Manager PO Box 8181 Hillsborough,NC 27278 Re: Transmittal of a Resolution from the Town of Carrboro Recommending Approval to the Orange County Commissioners of the request to amend the Orange County Zoning Atlas and the Carrboro Official Zoning Map by rezoning 723.C.2S from Carrboro R R to Carrboro R-20 Dear Mr. Link: On the 20th of June, 1995, the Board of Aldermen of the Town of Carrboro considered the proposed rezoning of approximately 13.5 acres of property specifically identified as Lot 25, Block C, Tax Map 23 of the Chapel Hill Township located within Carrboro's Joint Development Review Area as presented during a Joint Public Hearing on May 31, 1995. After the Board of Aldermen received the joint staff report and public comments on the 31 st of May, and discussed the proposed zoning map amendment on the 20th of June, the Aldermen then voted to recommend approval of the requested rezoning to the Orange County Board of Commissioners. This rezoning requires approval of the governing Boards of both Orange County and Carrboro. If you have any questions or need clarification,please contact Lisa Bloom-Pruitt at 968-7714. Best Reg )Y1 Robert W. Morgan Carrboro Town Manager RM/lbp Cc: E. Collins, Orange County Planning Director Zry is,Planner III/Orange County Current Planning enclosures P. 0. BOX 829 • 301 WEST MAIN STREET.CARRBORO. NC 27510 • (919) 942.8541 • PAX(919) 968-7737 TOO(919) 968.7717 TOWN OF CARRBORO 10 NORTH CAROLINA Tg C The following resolution was introduced by Alderman Hank Anderson and duly seconded by Alderman Frances Shetley. A RESOLUTION RECOMMENDING APPROVAL TO THE ORANGE COUNTY BOARD OF CONEMSSIONERS OF AN AMENDMENT TO THE CARRBORO OFFICIAL ZONING MAP AND THE ORANGE COUNTY ZONING ATLAS REZONING APPROXIMATELY 13.539 ACRES COMPRISED OF ALL OF LOT 25, BLOCK C ON TAX MAP 23 IN THE CHAPEL HILL TOWNSHIP; WITHIN TRANSITION AREA I OF THE CARRBORO JOINT DEVELOPMENT REVIEW AREA Resolution No.58/94-95 WHEREAS, Carrboro is parry, along with Orange County and the Town of Chapel Hill, to a Joint Planning Agreement effective November 1987; WHEREAS, a Joint Planning Area Land Use Plan and Map were prepared and adopted by all parties pursuant to the Joint Planning Agreement; WHEREAS, according to the Agreement, requests to rezone lands located within Carrboro's Joint Development Review Area may only be acted upon following a Joint Public Hearing involving the governing boards from Carrboro and Orange County; WHEREAS, a request to rezone from Carrboro R-R(Rural Residential, 43,560 sf minimum lot sized unit per acre)to Carrboro R-20 (Residential, 20,000 sf minimum lot size/2. 1 units per acre) all of Lot 25 Block C on Tax Map 23 in the Chapel Hill Township located within Transition Area I of Carrboro's Joint Review Area and totaling approximately 13.539 acres has been received from Donald Keith Godwin; WHEREAS, the property proposed for rezoning is categorized as Suburban Residential and defined as follows: Suburban Residential Areas are designated for housing densities ranging from one (1) to ,five (S) dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban densities, and to be provided with public utilities and P.O. BOX 829 • 301 WEST MAIN STREET,CARRBORO. NC 27810 • (919)942.8341 - FAX (919) 968.7737 • TOO(919)968-7717 AN EQUAL OPPORTUNITY EMPLOYER 11 Page 2 Resolution No. 58194-9S services Housing types range from single,family homes to duplexes to multi family dwellings WHEREAS, both the current zoning of Carrboro R-R and the proposed zoning of Carrboro R-20 are consistent with the Suburban Residential Area designation in the Joint Planning Area Land Use Plan; and WHEREAS, a Joint Public Hearing was held on May.31, 1995 to consider this rezoning. NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO HEREBY RESOLVES THAT: Section 1. As shown on the accompanying map, Lot 25 in Block C on Tax Map 23 within the Chapel Hill Township is rezoned from Carrboro R-R(Rural Residential, 43,560 sf minimum lot size/1 unit per acre) to Canboro R-20 (Residential, 20,000 sf minimum lot size/2. 1 units per acre). All property or portions of property specified are located within Transition Area I of the Carrboro Joint Development Review Area. Section 2. The Town Clerk shall send a copy of this resolution to the Orange County Manager. Section 3. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 20th day of June, 1995: Ayes: Mchael Nelson,Randy Marshall,Hank Anderson, Eleanor Kinnaird, Frances Shetley, Jacquelyn Gist, Jay Bryan Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro,North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting on June 20, 1995. o �v �l►G0� 4t�c0 Town Clerk igii �flftlf ��ff Absent or Excused: None 12 BOARD DELIBERATION AND ACTION ON PETITION FOR CHANGE OF ZONING FROM DONALD GODWIN The purpose of this item was for the Board of Aldermen to deliberate and take action on a request for an amendment to the Orange County Zoning Atlas which incorporates a proposed change to the Town of Cantoro's Official Zoning Map . Mayor Kinnaird entered into the record a letter received from the Highland Meadows Neighborhood Association speaking in support of the rezoning of the Walker property to R-20. Lisa Bloom-Pruitt, the town's Senior Planner, presented the proposed amendment. Mr. Walker, the property owner, stated that this 13 acres is the remaining land owned by the Walker estate. Mayor Kinnaird noted that the Planning Board had a split vote on whether to recommend this rezoning. MOTION WAS MADE BY HANK ANDERSON AND SECONDED BY FRANCES SHETLEY TO ADOPT AN ORDINANCE ENTITLED, "AN ORDINANCE AMENDING THE CARRBORO ZONING MAP TO REZONE ONE LOT (APPROXIMATELY 13.539 ACRES IN SIZE) LOCATED ON THE WEST SIDE OF ROGERS ROAD, NORTH OF TALLYHO TRAEL FROM R-4 (RURAL RESIDENTIAL MINIMUM 43,560 SQUARE FEET PER DWELLING UNIT) TO R-20 (RESIDENTIAL, MINIMUM 20,000 SQUARE FEET PER DWELLING UNIT) VOTE: AFFIRMATIVE ALL The following resolution was introduced by Alderman Hank Anderson and duly seconded by Alderman Frances Shetley. A RESOLUTION RECOMMENDING APPROVAL TO THE ORANGE COUNTY BOARD OF COMMISSIONERS OF AN AMENDMENT TO THE CARRBORO OFFICIAL ZONING MAP AND THE ORANGE COUNTY ZONING ATLAS REZONING APPROXIMATELY 13.539 ACRES COMPRISED OF ALL OF LOT 25,BLOCK C ON TAX MAP 23 IN THE CHAPEL HILL TOWNSHIP; WITHIN TRANSITION AREA I OF THE CARRBORO JOINT DEVELOPMENT REVIEW AREA. Resolution No.58/94-95 WHEREAS, Carrboro is patty, along with Orange County and the Town of Chapel Hill, to a Joint Planning Agreement effective November 1987; WHEREAS, a Joint Planning Area Land Use Plan and Map were prepared and adopted by all parties pursuant to the Joint Planning Agreement; WHEREAS, according to the Agreement, requests to rezone lands located within Carrboro's Joint )evelopment Review Area may only be acted upon following a Joint Public Hearing involving the governing boards from Carrboro and Orange County, ' Cantoro Board of Aldermen Page 5 June 20, 1995 l Q WHEREAS, a request to rezone from Carrboro R-R(Rural Residential, 43,560 sf minimum lot size/I 13 unit per acre) to Carrboro R-20 (Residential, 20,000 sf minimum lot size/2. 1 units per acre) all of Lot 25 Block C on Tax Map 23 in the Chapel Hill Township located within Transition.Area I of Carrboro's Joint Review Area ; and totaling approximately 13.539 acres has been received from Donald Keith(Godwin., WHEREAS, the property proposed for rezoning is categorized as Suburban Residential and defined as follows: Suburban Residential Areas are designated for housing densities ranging from one(1) to five(s) dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban densities, and to be provided with public utilities and services Housing types range from single Jam family homes to duplexes to multi family dwellings. WHEREAS, both the current zoning of Carrboro R-R and the proposed zoning of Carrboro R-20 are consistent with the Suburban Residential Area designation in the Joint-Planning Area Land Use Plan; and WHEREAS, a Joint Public Hearing was held on May 31, 1995 to consider this rezoning. NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO HEREBY RESOLVES THAT: Section 1. As shown on the accompanying map, Lot 25 in Block C on Tax Map 23 within the Chapel Hill Township is rezoned from Canisoro R-R(Rural Residential, 43,560 sf minimum lot sizell unit per acre)to Carrboro R-20(Residential, 20,000 sf minimum lot size/2. 1 units per acre). All property or portions of property specified are located within Transition Area I of the Carrboro Joint Development Review Area. Section 2. The Town Clerk shall send a copy of this resolution to the Orange County Manager. Section 3. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 20th day of June, 1995: Ayes: Michael Nelson,Randy Marshall,Hank Anderson,Eleanor Kinnaird,Frances Shetley,Jacquelyn Gist, Jay Bryan -Noes: None Absent or Excused: None sr*ss:sass ACCESS TO CARR MILL MALL Carr Mill and University Railroad have reached an agreement regarding the lease of parking spaces and access from Weaver/Main Street, but the railroad insists upon including its standard language giving it the right to cancel the lease upon 60 days' notice. Carr Mill Mall has requested the town's assurances regarding a right of i access from Weaver Street. The Town Attorney has drafted a letter to Carr Mill for the Mayor's signature indicating that the town would not oppose Carr Mill having some form of access to and from Weaver Street. The purpose of this agenda item was for the Board to consider whether to authorize the Mayor to send the letter to Carr Mill. - — Cantoro Board of Aldermen Page 6 June 20, 1995 p 1 14 D �U\ MINUTES D � ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD AND CARRBORO BOARD OF ALDERMEN DDQ MAY 31, 1995 The Orange County Board of Commissioners, Orange County Planning Board and the Carrboro Board of Aldermen met in joint session on Wednesday, May 31, 1995 at 7 : 30 p.m. in the OWASA community meeting room, 400 Jones Ferry Road, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners William L. Crowther, Alice M. Gordon and Don Willhoit COUNTY COMMISSIONER ABSENT: Commissioner Stephen Halkiotis BOARD OF ALDERMEN PRESENT: Mayor Eleanor Kinnaird and members Jay Bryan, Jacquelyn Gist, Michael Nelson and Frances Shetley ORANGE COUNTY PLANNING BOARD: Chair William Waddell and members Paul Hoecke, Karen Barrows, Joan Jobsis, Elizabeth Walters, Cheryl Howie, Cherie Rosemond, Margaret Brown and Larry Reid A. OPENING REMARKS FROM THE CHAIR Members of the two governing boards were introduced. B. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. NOTE: ALL ITEMS WERE PRESENTED BY THE PLANNING BOARD CHAIR WILLIAM WADDELL C. ORANGE COUNTY BOARD OF COMMISSIONERS/CARRBORO BOARD OF ALDERMEN PUBLIC HEARING a) Z-4-95 Donald Keith Godwin 1 . Amendment to Carrboro Zoning Map and Orange County Zoning Atlas Planner Mary Willis presented this item so that public comment could be received. The rezoning was requested by Donald Keith Godwin for property owned by Thomas Walker and Gail Harris . This request involves an amendment to both the Orange County Zoning Atlas and the Carrboro Zoning Map and will need approval of both the Orange County Board of County Commissioners and the Carrboro Board of Aldermen. Ms. Willis outlined the process that will be followed. Lisa Pruitt, Carrboro Planning Department, presented the staff report and recommendation as included in the agenda abstract. The total area is 13.539 acres and is located on the north side of Tallyho Trail and west of Rogers Road. The petitioner is seeking a change in zoning to Carrboro R-20, Residential with 20, 000 square feet Minimum Lot Size which allows a maximum density of 2. 1 dwelling units per acre. THERE WERE NO COMMENTS OR QUESTIONS FROM THE TWO GOVERNING BOARDS OR THE ORANGE COUNTY PLANNING BOARD AT THIS TIME 1 2 15 PUBLIC CObZ ENTS Gloria Fraley, member of Stop Overcrowding Schools (SOS) , said that while this is a small area of land this is a reminder again that when it comes to school overcrowding, each drop is too much. The bucket is overflowing and they will either need to build a bigger bucket or lose more water. She does not want to lose a child. She asked if this rezoning is really worth it . Since a plan to correct the overcrowding has not yet been adopted and implemented, she asked if rezoning to a higher density is really necessary and wise to do at this time. She asked that the governing boards make the right decision for all of the community. Donald Godwin who requested this rezoning said that during the year long process they thought that this property was in a Transitional II zoning area instead of Transitional I . The density on this property will consist of 15 to 18 units . This is the last remaining Transitional I tract on Rogers Road with everything north of this area transitional II . Nancy Salmon who lives in the Highlands development downhill from the property said she is against this request. Her motivation is primarily personal. She fears that her house will be flooded by stormwater runoff from the property in question. Her lot has a large flat side yard bounded at the far edge by a drainage gully which leads to a pipe culvert that runs under the road. If the culvert was not there or blocked, Claymore Road would act as a nine or ten foot dam to the flow of stormwater runoff. In the late summer of 1993 after Highland Meadows was paved and drainage ditches were constructed, a very heavy rain caused their side yard to be covered almost entirely by water. They have talked with the engineer of the Highland and Highland Meadows developments about how the drainage channel can be reworked to provide a greater runoff capacity and greater protection for their home, but so far no changes have been made. She invited the members of the governing boards to her home to see the situation. She asked for stormwater protection for the homes down the hill from this proposed development. On behalf of the schools and S .O.S. she is against any increase in residential density. She realizes that this proposal is not for a lot more houses. However, since the school are over capacity for existing residents, she sees no excuse for increased residential densities of any size. She said that the lots in the Highlands are approximately 1/2 acre lots. In answer to a question from Bill Waddell, Ms. Salmon said that the only suggestions made to divert the stormwater is to have a wider and deeper channel. The flooding is caused by the speed of the runoff which is affected by impervious surfaces, clearing, etc. They have,- lived there three years and the flooding started with the development of Highland Meadows. Mr. Godwin said that in talking with staff about this proposed development, there are no perennial streams of any type on this property or any channels of any sort except possibly in the lower area which they intend to provide a buffer in their final plan. They have not reached the stage of doing any engineering. This is purely a rezoning at this time. He does understand Ms. Salmon' s concern. There is an older structure on the property which a number of neighbors are afraid of because of the children. He will donate this house or remove it from the property. Commissioner Willhoit asked about the provision of water and sewer and was told by Roy Wiliford that the OWASA line goes behind the low area where the pump station is located. OWASA will be running a sewer line out to 16 3 serve the Hogan development and from there it will go to Stacy Heights and ' probably from that point over to this property being rezoned. Mr. Godwin said that currently there is a service directly across the street from this property where they will tap on. He will be required to continue water service in a 12-inch main throughout this property. Commissioner Willhoit asked about Carrboro ' s process for stormwater management or a remedy for any problems created by previous development. Mr. Wiliford said that they do have a buffer requirement for existing subdivisions that the Highlands was approved under as well as Highland Meadows. That is a 15-foot buffer on both sides of the stream which is meant to keep the homes out of the immediate channel area. Beyond that, they require that stormwater management calculations be done for each subdivision to show that the rate of runoff will be controlled so that it is no greater after the development than before. The rate of runoff is a performance standard that must be met. There is no remedy for a problem that happened before this time. Karen Barrows asked if this area was included in the small area planning process. Roy Wiliford said that the small area planning process would be a policy process where the work group will make recommendations to the Board of Aldermen which will eventually result in an implementation for zoning for that area. The town has a conditional use permit which they use to review and approve specific developments provided they meet the zoning regulations . A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer the proposed rezoning to Carrboro and after action by the Carrboro Board of Aldermen, refer the proposed rezoning to the Orange County Planning Board meeting of July 17, 1995 for a recommendation to be presented to the Orange County Board of County Commissioners on August 3, 1995. VOTE: UNANIMOUS D. ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING 1 . Amendments to the Orange County Zoning Atlas a) Z-1-95 James Travis Rives Planner Jim Hinkley presented information as included in the agenda. In summary, the proposed zoning lot is located on the 18 .7 acre tract owned by James Travis Rives at 1134 White Cross Road. The zoning designation requested is for AS Agricultural Service. Normally, the maximum amount of land zoned for agricultural services purposes is no more than 10 acres . All surrounding properties lie within Orange County's jurisdiction and are zoned AR Agricultural-Residential. THERE WERE NO QUESTIONS OR COMMENTS . b) Z-2-95 Robert D. McBroom Jim Hinkley presented the information as contained in the agenda. In summary, the proposed zoning lot is located on the 5-acre tract owned by Robert D. McBroom at 1709 NC 86 North approximately 1, 600 feet north of the southern entrance to Coleman Loop Road. The lot proposed for rezoning contains approximately 2 . 98 acres which is currently zoned AR Agricultural- t 17 (4) Z-4-95 Donald Keith Godwin Presentation by Mary Willis. This item is to consider a rezoning requested by Donald Keith Godwin for property owned by Thomas Walker and Gail Harris. This request involves an amendment to both the Orange County Zoning Atlas and the Carrboro Zoning Map. The area proposed to be rezoned is located at the northwest corner of Rogers Road and Tallyho Trail. The property consists of one parcel (TM 7.23.C.25) containing 13.6 acres. Existing subdivisions surround the area on three sides: Meadow Run Subdivision to the north, Fox Meadow Subdivision to the west, and Highland Meadow Subdivision to the south. According to the Joint Planning Area Land Use Plan (JPALUP) this parcel is categorized as Suburban Residential, and is located within Transition Area I of Carrboro Joint Development Review Area. The Suburban Residential designation allows densities up to 5 dwelling units per acre. The property is now zoned R-R, which allows a density of up to 1 dwelling unit per acre. The proposed zoning is R-20, which allows a density of up to 2. 1 dwelling units per acre. A Staff Report for the proposed rezoning, prepared by the Carrboro Board and Orange County Planning Staffs, is an attachment to these minutes on pages . The Carrboro Board of Aldermen approves changes to its Zoning Map by Resolution, based on the information contained with the Staff Report and comments received through the public hearing process. The Orange County Board of Commissioners takes action subsequent to action by the Carrboro Board of Aldermen. Both Boards must act in the affirmative in order for the rezoning to become effective. The proposed rezoning was presented at a joint public hearing before the Orange County Board of Commissioners and the Carrboro Board of Aldermen on May 31, 1995. Several citizens spoke in opposition to the rezoning. Their concerns included the impact on schools and the increase in stormwater run-off that would be generated by development of the property. The Carrboro Board of Aldermen approved the 18 proposed rezoning on June 20, 1995. The Orange County and Carrboro Planning Staffs recommend approval of the proposed rezoning. Allison asked if there had been citizens' comments at the Carrboro Board of Aldermen meeting. Willis responded that discussion with the Carrboro Planning Staff did not indicate any citizen comments. MOTION: Allison moved approval as recommended by the Orange County and Carrboro Planning Staffs. Seconded by Katz. VOTE: 6 in favor. 1 opposed (Brown - has the same concerns raised by citizens at the public hearing regarding impact on schools and increase in stormwater run-off and they have not been addressed. ) 1 abstained (Reid - probable personal conflict of interest) . Katz and Allison noted they should be listed in attendance at the May 31, 1995 public hearing. This information to be relayed to County Clerk. Reid also noted concerns with runoff and explained that runoff does occur north and south since that is the highest point. Reid asked if that could be addressed at plan review. Willis responded that Orange County will not review the plan since it is in Carrboro's jurisdiction and it will be handled through their conditional use permit process. She noted that the comments from public hearing should alert them that there are concerns to address. AGENDA ITEM #10: MATTERS PROPOSED FOR PUBLIC HEARING (8/28/95)