HomeMy WebLinkAboutAgenda - 08-22-1995 - IX-B i 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 22, 1995
Action Agenda
Item
SUBJECT: Z-4-95 DONALD KEITH GODWIN
DEPARTMENT: Planning PUBLIC HEARING Yes X 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.
Planning Board Recommendation
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.
Board of Commissioners Concerns
The Board of Commissioners considered the proposed
rezoning on August 3, 1995. Action on the rezoning was
delayed in order to receive additional information
concerning stormwater control and the status of the
Carrboro Transition Area Small Area Plan.
Drainage
The area proposed to be rezoned is located on the north
side of Tallyho Trail, at its intersection with Rogers
Road. The problem with stormwater run-off raised by a
speaker at the public hearing affects a parcel located
on Claymore Drive, which is located in the Highland
Subdivision. A culvert under Claymore Road causes
stormwater to back-up in a low area of the speaker's
property. This back-up of stormwater creates an
impact on the property on Claymore drive in the
vicinity of the culvert. However, an area in which run-
off may collects is a necessary component of stormwater
management in the Highland Subdivision, in that it
allows the rate of stormwater flow from the development
to remain at pre-development levels.
1
Z 3
The area proposed to be rezoned drains to the northwest
to Bolin Creek. The runoff which affects the property
on Claymore Drive drains to a different tributary of
Bolin Creek, as shown on the attached map, and is not
affected by stormwater run-off from the area of the
proposed rezoning.
Carrboro Transition Area Small Area Plan
The Carrboro Transition Area Small Area Plan is
tentatively scheduled to be presented for public
hearing at the October Joint panning Area Public
hearing in October. The designation of the area of the
proposed rezoning may be recommended as Neighborhood
Residential Mixed Use, which would provide for
residential use and small-scale commercial use.
RECOlrMNDATION: The Administration recommends approval of the proposed
rezoning.
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Petition for Change of Zoning 5
Walker Property 7- 23 .C. 25
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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 Ilarris,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.O. BOX 829 • 301 WEST MAIN STREET.CARRBORO, NC 27510 • (919) 942.8541 • FAX (919) 988.7737 • TDD(919) 988-7717
AN EQUAL OPPORTUNITY EMPLOYER
8
Staff Report Walker Properh
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, Residential 17,000 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. &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.
ii 2
9
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 Residential 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 2/1/93)
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.
ANALYSIS
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
10
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
11
• 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
12
TOWN OF CARRBORO
NORTH CAROLINA
29 June, 1995
John M. Link, County Manager
PO Box 8181
Hillsborough,NC 27278
,
Be: 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 7.23.C.2Sfrom 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 ,
Robert W. Morgan
Carrboro Town Manager
RM/lbp
Cc: Marvin E. Collins, Orange County Planning Director
kary Willis, Planner III/Orange County Current Planning
enclosures
P.0. BOX 829 • 301 WEST MAIN STREET.CARRBORO. NC 27510 • (919) 942.8541 • FAX (919) 968-7737 • TDD(919) 968-7717
1
13
TOWN OF CARRBORO
NORTH CAROLINA
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 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 party, 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#cre)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 • 901 WEST MAIN STREET.CARRSORO. NC 27510 • (919) 942.6541 • FAX (919) 968.7797 • TOO(919) 966-7717
AN EQUAL OPPORTUNITY EMPLOYER
1
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Page 2
Resolution No. 58194-95
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 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: 11Tichael Nelson, Randy Marshall, Hank Anderson, Eleanor Kinnaird, Frances Shetley,
Jacquelyn Gist, Jay Bryan
Noes: None
Absent or Excused: None
L 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.
e _
C �Pt$��
O,�►� '�P4
\�GOaPORoV, Town Clerk
P
Absent or Excused: None 15
**********
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
Carrboro'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 TRAIL FROM R-4 (RURAL RESIDENTIAL MINIMUM 43,560
SQUARE FEET PER DWELLING UNIT) TO R-20 (RESIDENTIAL, MDWAUM 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;
Carrboro Board of Aldermen Page 5 June 20, 1995
L
DO !U` MINUTES 16
JD (((JJJ111��� ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
AN D ('�
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
17
PUBLIC COMMENTS
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
p L
18
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
j 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-
19
understand the Judge's position. He continued
that he felt the owner at that time was storing
the cars on the site and removing parts to be
used at his repair business located elsewhere.
Allison noted concern that it seemed as if there
was doubt about the affidavits and he felt the
truth had been told about the uses on the site in
1981.
Howie stated that she felt there was more of
the hobby type work done than actual auto repair
and her decision would be based as much on the
printed material as on the public hearing and
testimony.
VOTE: 6 in favor.
2 opposed (Waddell - stated that the last three
years that this issue has been dealt with, there
has been a preponderance of evidence of the
storage of cars with occasional use of those cars
for parts. Howie - reasons already stated. )
(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,
l
20
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
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
., 21
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)
Presentation by Mary Willis.
a. Flood Damage Prevention Ordinance
On June 21, staff from the NC Division of
Environmental Management conducted a Community
Assistance Visit with Planning and Inspections Staff
to discgss its implementation of the Flood Damage
Prevention Ordinance. The Flood Damage Prevention
Ordinance implements the Flood Damage Insurance
Program of the Federal Emergency Management Agency
(FEMA) .
Since the last Community Assistance Visit to Orange
County, held in 1989, there have been revisions to
the model ordinance prepared by FEMA. It is proposed
that the existing ordinance be replaced with the
current model ordinance used by FEMA. The
differences between the Orange County Flood Damage
Prevention Ordinance and the ordinance used by FEMA
are largely technical rather than substantive.
b. Financial Guarantee of Landscape and Buffer
Requirements
The proposed amendment would add language to Section
IV-B-8-e of the Subdivision Regulations and Article
12 of the Zoning Ordinance to specify that the
amount the financial guarantee of installation of
landscape materials required for subdivision or site
plan approval includes the costs of both purchase
and installation of plant materials.
c. Revision to I-40/Old NC 86 Economic Development
District
The I-40/Old NC 86 Economic Development District was
adopted by the Board of Commissioners on January 17,
1995. Comments received during the public hearing
process included requests by two individuals who
owned parcels which were partially in the proposed
EDD to have the entirety of their parcels included
in the EDD. Public hearing comments also included a
request that the buffer along the Old NC 86 in the
northern portion of the district be reduced to the