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HomeMy WebLinkAboutAgenda - 11-01-1995 - V-A .f 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action A ndp Item No q -- ACTION AGENDA ITEM ABSTRACT Meeting Date: November 1, 1995 SUBJECT: Resolution Authorizing the Town of Chapel Hill to Utilize the Landfill Reserve to Purchase the Property Known as the Neville Tract ----------------------------------------------------------------------- DEPARTMENT County Manager/Public Works PUBLIC HEARING YES NO x -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT Proposed BOCC Resolution Rod Visser, ext 2300 10/25/95 LOG Resolution Wilbert McAdoo, ext 2625 10/19/95 LOG Agenda Item - "Neville TELEPHONE NUMBER Tract Acquisition" Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider a resolution approving the purchase of the 14 .4 acre Neville Tract by the Town of Chapel Hill on behalf of the Landfill Owner' s Group member governments. BACKGROUND: During recent months, a negotiating team comprised of designated Landfill Owners ' Group (LOG) representatives (Don Willhoit, Joyce Brown, Jacquelyn Gist) have held facilitated discussions with representatives of community residents who live near the Neville tract. A "memorandum of agreement" reflecting discussions between the LOG and community representatives was prepared (see pages 11-14 of this abstract) . This document reflects the LOG' s recommendations of conditions under which the governing bodies should go ahead with the planned purchase of the Neville Tract. The LOG unanimously passed a resolution at their meeting on October 25, 1995 endorsing these recommendations and recommending that the three governing boards authorize the Town of Chapel Hill to complete the acquisition of the Neville Tract. If approved, the Town of Chapel Hill would purchase the property using funds in the Land Reserve account of the Landfill Fund, which is administered by the Town on behalf of all three local governments. The Neville tract is immediately between the south side of the current Eubanks Road landfill and the Greene tract. The Neville tract would provide access between the two larger LOG owned tracts, and could provide a source of cover soil for landfill operations in the new lined landfill cell on the south side of Eubanks Road. The County Commissioners previously approved a resolution authorizing the Town to purchase the Neville Tract, on March 8, 1995. A revised resolution is submitted for reconsideration due to changes in the circumstances surrounding the purchase of the property, as embodied in the negotiations between LOG representatives and members of the community near the Neville Tract. RECOMMENDATION: The Manager recommends that the Board approve the resolution authorizing the purchase of the Neville tract. • 2 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO UTILIZE THE LANDFILL RESERVE FUND TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT WHEREAS, there is a need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the public owns two tracts of land which are separated by the Neville Tract; and WHEREAS, the purchase of the property known as the Neville tract would provide for the needed soil, remove the access easement across the Greene tract, and join the 202 acre landfill site and the 168 acre Greene tract; and WHEREAS, ownership would be in proportion equal to that of the current landfill (Carrboro - 14%, Chapel Hill - 43%, Orange County - 43%) ; and WHEREAS, it is not the intention of the Landfill Owner' s Group to use the Neville tract as a landfill or other solid waste processing facility; and WHEREAS, the Landfill Owners ' Group would provide buffers between the borrow area and the adjoining privately owned property to mitigate the effects of the soil removal on the adjoining properties; and WHEREAS, the Landfill Owners' Group would develop a comprehensive site restoration plan for the borrow area; and WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total price to be determined by survey prior to closing; and WHEREAS, the Landfill Owner' s Group will continue to work with the neighbors of the Neville tract to resolve twenty-two outstanding issues; and WHEREAS, it is agreed that the landfill staff will coordinate the preparation of the Special Use Permit application with a working group consisting of Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, and George Griffin, and other affected citizens as needed; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby authorize the Town of Chapel Hill, as administrator for the landfill, use Land Reserve funds to purchase the property known as the Neville tract. BE IT FURTHER RESOLVED THAT airy Special Use Permit application for this property will be proposed in accordance with the attached recommendations to the Landfill Owners' Group dated October 19, 1995. This, the 1st day of November, 1995. + 3 A RESOLUTION REQUESTING THE CARRBORO BOARD OF ALDERMEN AND THE CHAPEL HILL TOWN COUNCIL TO AUTHORIZE THE CHAPEL HILL TOWN MANAGER TO vTH IM THE LANDFILL RESERVE FUND - LAND RESERVE, TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT (TAX MAP REFERENCE: 7,18..22) ADJACENT TO THE SOUTH EUBANKS LANDFILL WHEREAS, there is the need for additional soil for landfill operations at the current landfall site; and WmREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the public owns two tracts of land which are separated by the Neville tract, and WHEREAS, the purchase of the property known as the Neville tract would provide for the needed soil and remove the accsess easement across the Greene tract and join the 202 acre landfill site and the 168 acre Greene tract; and WHEREAS, ownership would be in proportion equal to that of the current landfill (Carrboro = 14 0, Chapel Hill — 43% and Orange County = 43%; and WHEREAS, it is not the intention of the Landfill Owners Group to use the Neville tract as a landfill or other solid waste processing facility; and WHEREAS, the Landfill Owners Group would provide buffers between the borrow area and the adjoining privately owned property to mitigate the effects of the soil removal on the adjoining properties, and WHEREAS, the Landfill Owners Group would develop a comprehensive site restoration plan for the borrow area; and WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total to be determined by a survey prior to closing; and WHEREAS,the Landfill Owners Group will continue to work with the neighbors of the Neville tract to resolve twenty-two outstanding issues; and WHEREAS, it is agreed that the landfill staff will coordinate the preparation of the Special Use Permit application with a working group of Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Lamy Reid, and George Griffin and other affected citizens as needed; NOW, THEREFORE, BE IT RESOLVED by the Landfill Owners Group that the Landfill Owners Group recommends to the governing boards that they approve resolutions authorizing the Town of Chapel Hill, as administrator for the landfill, to use Land Reserve funds to purchase the property known as the Neville tract, BE IT FURTHER RESOLVED that any special use permit application for this property will be proposed in accordance with the attached recommendations to the Landfill Owners Group dated October 14, 1995. This the 25th day of October, 1945. 4 To : Landfill Owners Group From: Gayle Wilson, Solid Waste Director Subject : Neville Tract Acquisition Date: October 19, 1995 The attached resolution would recommend that the Carrboro Board of Aldermen and the Chapel Hill Town Council approve the purchase of the Neville tract, with conditions . This memorandum provides additional information concerning the discussions between the Landfill Owners Group Neville Tract Committee and the neighbors of the Neville and Greene tracts, regarding the purchase of the Neville tract . Background The Neville tract consists of 14 .40 acres, located southeast of and adjoining the southern portion of the existing landfill on Eubanks Road, and northwest of and adjoining the Greene tract . Attachment A is a map of the area. The land is owned by Heirs of Benjamin F. Neville. It is zoned R-1, low density residential, and is currently unoccupied, wooded land. The owners of the property and landfill staff and have discussed a possible sale of the property since 1984 . Negotiations became more complicated when Mr. Neville passed away in early 1986 . Ownership of the property passed to multiple heirs located throughout the Untied States . In the years since Mr. Neville Is estate was settled there have been several discussions between the staff and the heirs, either directly or through a local attorney representing them. In late summer and early fall of 1.994 the Neville heirs ' attorney contacted staff and indicated a willingness by the owners to consider sale of the property. In November, 1994, the LOG authorized the landfill staff to negotiate with the owners for a purchase. On December 28, 1994, the Town Attorney prepared a conditional offer of $7, 000 per acre to the attorney representing the Ben Neville heirs . On February 1, 1995, the Neville attorney notified us of their acceptance of our conditional offer, with the exact amount to be determined by survey (approximately $100, 800) . On February 23, 1995, the LOG approved a resolution recommending that the three governing boards adopt resolutions authorizing the Town of Chapel Hill to use funds from the land reserve fund for the purchase of the property, designating ownership in proportion equal to that of the current landfill (Carrboro - 14*, Chapel Hill = 434 and Orange County = 43*) . Area residents attending that meeting expressed their concern that buffers be included to mitigate the effect of the soil extraction operations on adjoining properties and that the area be graded and replanted to avoid erosion problems . The Orange County Board of Commissioners authorized the purchase on S March 8, 1995 . On March 14, 1995, the Carrboro Board of Alderman discussed the issue and asked for additional information from the Owners Group. On March 15, 1995, the Chapel Hill Town Council received a report on the acquisition and tabled it until the information from the Owners Group was available. The Chapel Hill Town Council tabled the matter on March 15, March 27 and April 10 . The LOG requested more information, including boring and soil testing data. The borings were conducted on June 2, 1995, and led to the determination that sufficient soil existed an the property. The staff recommendation to purchase the property was presented to the LOG at its June 29, 1995, meeting. Continued concerns expressed by landfill neighbors led the LOG to form a committee to meet with the group of neighbors in an attempt to understand and address their concerns . A total * of six meetings have been conducted, facilitated by Dispute Settlement Center staff. Discussion Our original interest in acquiring the Neville tract lay in our interest to join the two landfill-owned properties, the existing landfill (South Eubanks) and the Greene tract. An additional interest regarded removal of an access easement to the Neville tract which runs through the Greene tract . This easement is both a legal and a practical impediment to the use of the Greene property reducing its utility and value. In early 1994, calculations for requirements for soil for covering waste and closing the new phase of the landfill, showed that there is a deficit of about 200, 000 cubic yards (Attachment B) of soil available on the landfill site. At this time it is urgent we move forward with acquisition, because of the need for soil in late spring 1996, and the need to initiate the lengthy Special Use Permit process as quickly as possible. This property falls within the planning jurisdiction of the Town of Chapel Hill . Attachment C is a memorandum from Roger Walden, Chapel Hill Planning Director, that describes the land use status of the property and details the process for obtaining a rezoning and special use permit that would allow the soil excavation we desire. Mr. Waldon' s memorandum suggests that it could take about 8 months to complete the process for the special use permit and rezoning. That would be in addition to the time required to obtain approvals from the governing bodies and to complete the purchase. It is extremely important that we move forward as quickly as possible due to the need for off-site soil in the spring of 1996 . Discussions with the neighbors of the Neville and Greene tracts focussed largely on the potential off-site environmental effects of the soil removal process . Discussion revolved around how the neighbors could be involved with the environmental analysis and planning that would take place during the development of the 6 Special Use Permit application. The neighbors and the LOG Neville Tract Committee have reached substantial agreement that the purchase should proceed given several conditions that have been under continual review and negotiation over the past two weeks . Because -we do not believe we can postpone the need for soil longer than next spring, we recommend that the Landfill Owners Group both recommend that the three governing bodies approve acquisition, and authorize the staff to begin the development of a Special Use Permit application which would include consideration of the issues presented in Attachment D, but as of October 18, not yet agreed to by all parties . Recommendation: That the Landfill Owners Group adopt the attached resolution recommending that the Carrboro Board of Alderman and the Chapel Hill Town Council adopt resolutions approving the purchase of the Neville property, with conditions; and authorizing the staff to initiate the development of the applications for rezoning and. a Special Use Permit, including an environmental assessment . 7 A RESOLUTION REQUESTING THE CARRBORO BOARD OF ALDERMEN AND THE CHAPEL HILL TOWN COUNCIL TO AUTHORIZE THE CHAPEL HILL TOWN MANAGER TO UTILIZE THE LANDFILL RESERVE FUND - LAND RESERVE, TO PURCHASE THE PROPERTY KNOWN AS THE NEVILLE TRACT (TAX MAP REFERENCE: 7 . 18-227 ADJACENT TO THE SOUTH EUBANKS LANDFILL. WHEREAS, there is the need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the public owns two tracts of land which are separated by the Neville tract, and WHEREAS, the purchase of the property known as the Neville tract would provide for the needed soil and remove the access easement across the Greene tract and join the 202 acre landfill site and the 168 acre Greene tract; and WHEREAS, ownership would be in proportion equal to that of the current landfill (Carrboro = 14V, Chapel Hill = 43% and orange County = 43%; and WHEREAS, it is not the intention of the Landfill Owners Group to use the Neville tract as a landfill or other solid waste processing facility; and WHEREAS, the Landfill Owners Group would provide buffers between the borrow area and the adjoining privately owned property to mitigate the effects of the soil removal on the adjoining properties' and WHEREAS, the Landfill Owners Group would develop a comprehensive site restoration plan for the borrow area; and WHEREAS, it is agreed that the purchase price will be $7, 000 per acre, with the total to be determined by a survey prior to closing; and WHEREAS, the Landfill Owners Group will continue to work with the neighbors of the Neville tract to resolve outstanding issues; and WHEREAS, it is agreed that the landfill staff will coordinate the preparation of the Special Use Permit application with a working group of Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, and George Griffin and other affected citizens as needed; NOW, THEREFORE, BE IT RESOLVED by the Landfill Owners Group that the Landfill owners Group recommends to the governing boards that they approve resolutions authorizing the Town of Chapel Hill, as administrator for the landfill, to use Land Reserve funds to purchase the property known as the Neville tract. This the 19th day of October, 1995 . .'L C7.1%PEL :° 867A m at S.3 K• oxAxGa R$Gloraai. rarmYllS. .� r 13 SAC I {•aI` /' afar. , r oe__:� WAC o �1 on AC. Z ORANGE REGIONAL IA2m tc z7 L I 7.16 ac o.oz Ac AC • ! I sat fat — �• \7- s(L. N. .c..c •ir 4 >ra A.,, d —.- TEL/kGT � vs 7. 6{ 7 '•17. ♦fi eAC 1 I•a •Z` I� f. p.na ` 1.� b t ea%i 375A 07 �10 rr>r �� TOi'TN OY i 1s3ac / Zs . T►c x cwLpEt arLL ` :i Z elf. 4 La �14 IA �.. I� � � a I : •'�F '.,... Y�Y D1+S`/X-•mac� fi � � a• CND. /� � '�" Ir ;1— ?.r ♦: i t I ia0 M I! 16 17 O ` >a.> 3 — . I I I1.. P � , .tams •7 f.�,, .a a.aC p• / .I" Ioia 7 INS✓:qT I1' +G �l t frl• r / I Z ;r L1� n-a 0, r !0 ( r. ris _ /o�oo v /r 1 a(i Ac jf +/ YOZ 7! m a rr!n.0 I bO -O - 1 13 539 Ar- }.i� Za __�rYfW$ �~ ' 1la7K JDr 11C MCI�.S , a2T K .. 271a X a C. - ZS.aI AG I F 73c a HIGHLAND. 1\i Y-P.ADCWS ,.., r+o•s. •e e 1+szAC i T--r3 n HIGE—Ams �' 1 rS S AC >aa 1074 A _ 5 �srt , Ac 7Z AC M 1 NEIGI3BORHOOD MAP 9 Attachment LANDFILL SOIL QUANTITY ANALYSIS Soil Needed - North Side Final Cover for C&D (old sanitary area) 26, 136cy (needed in 1996) - North Side Final Cover for Ash/C&D 72, 600cy (needed 2000) - South Side Soil Liner (Phase 3 ) 31, 944cy (needed 1997/98) * - South Side Soil Liner (Phase 4) 33 , 396cy (needed 2000/01) * - South Side Final Cover 145, 684cy (needed 2005) * - South Side Daily Cover 400, OOOcy (based on existing daily amount required) Total 709, 760cy * Assumes alternate daily cover usage in est. phasing schedule. Soil Available - Soil in Stockpile 200, 000cy - Soil Remaining in Phase 3 and 4 100, 000cy - Alternate Daily Cover Impact 219, 800cy - Soil Needed from Off-Site _ 190, OOOcy -� Total 709, 800cy 10 MEMORANDUM TO: Bruce Heflin, Director of Public Works FROM: Roger Waldon, Planning Director �..-- SUBJECT: Regulatory Considerations Regarding the Neville Property (Chapel Hill Township Tax Map # 18, Parcel 22) DATE: November 7, 1994 You asked for information about the above named property, and about regulatory restrictions related to its use for supplying fill dirt. Current zoning for this property is Residential-1, one of our low-density residential districts. Permitted uses include single-family dwellings and a series of low-intensity non-residential uses as follows: day care facility, place of worship, public cultural facility, public use facility, school, and non-profit recreation facility. You described the possibility of use of this property to provide fill dirt for another parcel. Our Development Ordinance contains the following definition, which I believe fits the use you describe: Extraction of Earth Products: The process of removal of natural deposits of mineral ores, soils, or other solid matter from their original location, not including any processing of such material beyond incidental mechanical consolidation or sorting to facilitate transportation off-site. This use is permitted only in our Rural Transition zoning district, and only pursuant to Council approval of a Special Use Permit. The process for obtaining a rezoning and subsequent Special Use Permit could occur in two ways: either an application for rezoning, followed by an application for a Special Use Permit; or simultaneous consideration of applications for both. Both types of applications involve review by staff and the Planning Board, a Public Hearing before the Town Council, and subsequent action by the Town Council. I normally advise applicants seeking such approvals to count on a six-month process from submittal to action by the Town Council (rough estimation; can be shorter for a non-controversial application, and occasionally is longer). The period of preparing and approving final plans following Council approval of a Special Use Permit usually takes about two months. Let me know if there is more information that would be helpful. , D - 11 October 19, 1995 RECOMMENDATIONS TO THE LANDFILL OWNERS GROUP We recommend that the Landfill Owner's Group recommend that the three governing bodies (Orange County, Chapel Hill and Carrboro) purchase the Neville tract under the following three conditions: 1 . Establish a Monitoring Group to participate in the environmental assessment and Special Use Permit (SUP) application processes. The Monitoring Group should be composed of the citizens who participated in the development of these recommendations (representatives of the Nunn family, representatives of the Northwest Chapel Hill Neighborhood Association) at a minimum, plus other affected citizens as needed, and technical resource people identified by the citizens to assist them in understanding the technical discussions and to supplement the expertise of the SUP applicant's consultant. 2 . Generate through the environmental assessment and special use permit application process, with the continuing good faith participation of the citizens and governments who participated in the development of these recommendations, the information and decisions needed to resolve the following 22 issues. The group developing these recommendations believes that it cannot resolve these 22 issues without further technical information and informed discussions based on that information. 3 . The above-mentioned environmental assessment will be performed in conjunction with development of the above-mentioned special use permit and will include a description of the proposed actions, identification of their potential environmental impacts, strategies to minimize and mitigate potential impacts on the environment and resources, and consideration of short- term and long-term benefits and effects of the project. We recognize that it will be easier to reach agreement on some issues than on others, and so have separated these unresolved issues into two groups to facilitate resolution: "Easy Issues for Consensus" 1. Plans for protecting and monitoring water quality in the areas of the Neville and Greene tracts. 2 . Should any contamination or problems surface in regard to environmental damage to soil and water, the governments shall provide solutions to those problems (i.e. , providing these areas with water a government expense) . 3 . Plans for creating appropriate buffers that will minimize the 1 12 effects of the soil removal operations on adjoining landowners . 4 . Future use of the properties by landowners over the next twenty years if the properties are under the management of local governments . This should include the necessary guarantees that stipulate that these sites will not be used for landfills or supplements to any landfills either directly or indirectly. 5 . A written guarantee of no blasting. 6 . A clear description of the process to be used for dirt removal, including: - when and how long (number of years, hours of operation, etc. ) , - where (including buffer, design of site) , - how 7 . Any and all guarantees and agreements be legally enforceable. 8 . A plan for future use of the Neville and Greene tracts be developed that is environmentally sound and prohibits use for s any type of dumping or storage. 9 . No utility roads to the Greene tract be developed unless part of the future use master plan. ��° � 10 . The optimal solution to the soil deficit problem will be found by utilizing either the Neville Tract or the Greene Tract. The following principles for selecting an area for obtaining soil within the Neville/Greene tracts will be used by the Landfill Owner's Group in developing the special use permit to be submitted to the Town of Chapel Hill: - Select area that minimizes removal of "significant" hardwood trees. - Select area which will allow utilization of modern erosion control techniques to prevent stormwater problems. 11. Non-monetary alternative for mitigating potential impacts on property contiguous to the current landfill and Neville Properties will be considered by the LOG, including: - Enhanced dust control measures. - Ensuring that the Neville/Greene tracts will not be _ utilized in the future to process or dispose of solid waste. 1 13 "Issues Needing Significant Discussion" 12 . Begin immediately stockpiling any possible sources of dirt now. Can any available dirt from commercial and/or residential construction be stockpiled? Could the Johnson tract (recently logged) be used to stockpile dirt? 13 . Is there a 55-acre "land locked" tract behind UPS and the park-and-ride lot that could be used for obtaining dirt? 14 . Can a survey and description of the oak trees be conducted and published so that everyone will know what's being lost (e.g. , age of oaks, plans to replant and length of time to grow) ? In a broader sense, could a complete assessment of what is actually going to be destroyed be prepared (history of land, streams, trees, topography, and any other nontangible variables) and published? 15 . A written report from an environmental impact study on the removal of soil from Neville and Greene tracts. 16 . Conduct complete environmental pre-measures of possible effects of dirt removal. Specifically, an independent analysis of current environmental conditions before any dirt is removed. Facts to assess include but are not limited to: - noise and vibration - dust - water run-off patterns and volume - well water quality - wildlife 17 . A periodic independent assessment of environmental factors (e.g. , yearly?) once the dirt removal process begins. 18 . A process to remedy any environmental damages) to neighboring properties. A compensation and restoration process be developed in the event that damage occurs. 19 . The follo;.ing principles for selecting an area for obtaining soil within the Neville/Greene tracts will be used by the Landfill Owner's Group in developing the Special Use Permit (SUP) to be submitted to the Town of Chapel Hill: - Select area that minimizes the number of residences affected (noise, dust, aesthetics, etc. ) . - Select area that minimizes energy expenditure (haul distance) . 20. Non-monetary alternatives for mitigating potential impacts on property contiguous to the current landfill and Neville Properties will be considered by the LOG, including: 14 - Alternative daily cover usage to reduce the need for soil and to minimize odors . - Extending water lines to residences if the landfill causes chemical or biological contamination to drinking water. 21. A state certified appraiser be hired by the authorities involved to assess the "non-landfill" per-acre value of the Nunn tract and any other affected areas adjoining the proposed sites . A per-acre compensation amount to be paid by the governments to the adjoining landowners shall be determined by subtracting the per-acre value of Neville tract (determined by the purchase price) from the appraised per-acre value of these lands (without the landfill) , the difference being fair compensation for value loss due to past, present and future impacts that the landfill has caused to the Nunns and others. 22 . Options for mitigating potential impacts on property contiguous to the current landfill and Neville properties are: - Purchase tracts, voluntarily offered, on a fee simple basis. Payment to be based on fair market value, determined by standard governmental procedures, plus a "relocation consideration" for tracts with residences. - Purchase easements from neighboring residents to ensure maintenance of a buffer (e.g. , for noise abatement) and a "relocation consideration" for affected residents. Signatures of group members participating in the discussions which generated these consensus recommendations: Names of group members participating in the discussions which generated these consensus recommendations: Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, George Griffin, Joyce Brown, Jacquie Gist, Don Willhoit.