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HomeMy WebLinkAboutAgenda - 03-15-1994 - VIII-F r 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 15. 1994 Action Agenda Item #_ = SUBJECT: ADVERTISEMENT - APRIL 14, 1994 JPA PUBLIC HEARING DEPARTMENT: PLANNING PUBLIC HEARING Yes —x—No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell - Proposed Legal Notice Ext. 2589 - Application TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider the legal notice for the JPA public hearing scheduled for April 14, 1994. BACKGROUND: The Joint Planning Agreement requires that Orange County and the Towns of Chapel Hill and Carrboro conduct a Joint Public Hearing when amendments to the JPA Land Use Plan and/or Map are proposed. Past practice has been to schedule two JPA hearings per year, one in the spring and one in the fall. The next JPA public hearing is scheduled for April 14, 1994. Items to be considered at the hearing include: JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS 1. JPA-1-91 American Stone Company (Third in a series of public hearings, the first occurring on October 10, 1991 and the second on October 14, 1993) . The applicant requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. f 2 COMPREHENSIVE PLAN (LAND USE ELEMENT) AND MAP AMENDMENTS 1. CP-3-91 American Stone Company (Third in a series of public hearings, the first occurring on October 10, 1991 and the second on October 14, 1993) . The applicant requests the establishment of a rural industrial activity node covering the subject properties. A rural industrial activity node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban-type services. Such an amendment requires only the approval of the Orange County Commissioners. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for April 14, 1994. r 3 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ORANGE COUNTY/CHAPEL HILL/CARRBORO JOINT PLANNING AREA LAND USE PLAN AND MAP AND PROPOSED REVISIONS TO THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Articles 20.5, 20. 6, 2.2. 12 and 2.2.13 of the Orange County Zoning Ordinance; and Article 2 of a Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is hereby given that a public hearing will be held at the OWASA Operations Center, 400 Jones Ferry Road, Carrboro, N.C. , on April 14, 1994 at 7:30 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items: JOINT PLANNING AREA LAND USE PLAN The proposed amendments to the Joint Planning Area Land Use Plan and Map are as follows: 1. JPA-1-91 American Stone Company (Third in a series of public hearings, the first occurring on October 10, 1991 and the second on October 14, 1993) . The property in question is located on the north side of NC Highway 54 on either side of Bethel-Hickory Grove Church Road (SR 1104) . The property contains 207. 64 acres and is specifically described as Lots 8A (part) , 9B, 9C, 9E of Tax Map 28 in Bingham Township and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on NC Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for a distance of 3, 600 feet, and on the east side of SR 1104 for a distance of 2,920 feet. The property is currently designated as Extractive Use, Resource Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The applicant is requesting that the Extractive Use designation be extended to all of the property described above. 4 ORANGE COUNTY COMPREHENSIVE PLAN The proposed amendments to the Land Use Element and Map of the Orange County Comprehensive Plan are as follows: 1. CP-3-91 American Stone Company (Third in a series of public hearings, the first occurring on October 10, 1991 and the second on October 14, 1993) . The property in question is located on the north side of NC Highway 54 on either side of Bethel-Hickory Grove Church Road (SR 1104) . The property contains 207.64 acres and is specifically described as Lots 8A (part) , 9B, 9C, 9E of Tax Map 28 in Bingham Township and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on NC Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for a distance of 3, 600 feet, and on the east side of SR 1104 for a distance of 2,920 feet. The property is currently designated as Public Interest Area and Rural Buffer on the Land Use Element Map. The applicant is requesting that a Rural Industrial Activity Node be established on NC Highway 54 to encompass the properties described above. Amendments to the Joint Planning Area Land Use Plan require approval of the governing boards of Orange County, Chapel Hill, and Carrboro. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Orange County Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. , Monday through Friday. You may also call 732-8181 (Hillsborough) , 688-7331 (Durham) or 967-9251 (Chapel Hill- Carrboro) . When prompted for an extension number, please enter 2589. Marvin Collins, Planning Director PUBLISH: March 30, 1994 April 6, 1994 5 NORTHEN, BLUE, LITTLE, ROOKS, THIBAUT & ANDERSON ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CHAPEL HILL,NORTH CAROLINA 27514 MAILING ADDRESS: J. WILLIAM BLUE,JR. J.ANDERSON LITTLE R O. BOX 2208 DAVID M. ROOKS,III CHAPEL HILL,NC 27515-2208 CHARLES H.THIBAUT CHARLES T.L.ANDERSON (919) 968-4441 JO ANN O WOODS August CAROL J.. HOLC HOLCOMB gu t 19/ 1991 ELE 19) 942-6603 JAMES C.STANFORD - _ Mr. R. Eugene Bell, AICP Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: Application of American Stone Company, Orange Water & Sewer Authority and Philip and Alice Durham to amend the Joint Area Land Use Plan and the Comprehensive Plan Dear Mr. Bell: Thank you for your letter of August 13, 1991. Please treat this letter as an amendment to the application filed on August 5, 1991. The "Specific Data" section of the application should be amended to show the following: Township Tax Map/Block/Lot Bingham 28. .8A (approximately 5 acres) 28. .9B 28. .9C 28. .9E Chapel Hill 112. .31A The total acreage is 207. 64 and the total square footage is 9, 044, 798.44. The project has a total frontage on N. C. 54 of 2, 240 feet with a frontage on S. R. 1104 of 3 , 600 feet on the west side and 2,920 feet on the east side. Under the "Request" section of the application, the Land Use Plan Category Designations requested should be amended to add "Extractive Use" to the Rural Industrial Activity Node already requested. I understand this is necessary for the purpose of amending the Joint Planning Area Land Use Plan. I have attached a revised legal description which takes the revised tax map designations into account. Please note that the description for TM 6.28. .8A includes only that portion of the lot which will be part of the project. 6 NORTHEN, BLUE, LITTLE, ROOKS, TTHIHAUT & ANDERSON , R. Eugene Bell August 19, 1991 Page 2 The section of the letter attached to the application entitled "Special conditions making the Proposal Reasonably Necessary" was an attempt to address the issue of what changing conditions in the area and in the County generally make the proposed amendment reasonably necessary. The critical point is that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. I have advised American Stone Company of the application fee which I believe would be $1, 198.20. American Stone will send a check in this amount directly to you. Please call me if you have any questions. Sincerely, v oks DMR/tjh Enclosures cc: Mr. R. Paxton Badham, Jr. Mr. W. Everett Billingsley Mr. H. Wayne Phears 7 PROPERTY DESCRIPTION TM: 7. 112 . . 31A BEGINNING at rock and pointers on the Old Bethel Church Road, small road, the Northeast corner of the Church property; running thence with the Church property and others South 22 Deg. East 22 chains to a stake in a branch; running thence down the said branch the following courses and distances; South 70 Deg. West 7 of a chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains; South 42 Deg. West 1. 50 chains; South 45 Deg. West 1. 60 chains; South 36 Deg. West 2.60 chains and South 20 Deg. West 1 chain to an ash; thence along a branch South 41 Deg. 30' West 8. 60 chains running thence up a gully the following courses and distances; North 29 Deg. West 2.50 chains; North 13 Deg. West 1.70 chains; North 29 Deg. East 1.50 chains; North 3 Deg. East 1. 5 chains; North 7 Deg. West 3 chains to the head of the gully; running thence North 26 Deg. West 7 chains to the center of the old road the following courses and distances; North 60 Deg. East 2.40 chains, North 56 Deg. East 2 . 50 chains; North 37 Deg. East 3 chains; North 21 Deg. East 5 chains; North 10 Deg. East 3 .50 chains; North 35 Deg. East 1 chain; North 50 Deg. East 2 chains and North 45 Deg. East 4 .80 chains to the beginning, containing 40 acres. TM: 6.28 . .9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) , said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20 ' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26 ' 45" East 713. 12 feet to a stake; running thence South 47 Deg. 48 ' West 88. 68 feet to a stake; - running thence South 47 Deg. 00 ' West 197.87 feet to a stake; running thence South 59 Deg. 14 ' West 165. 00 feet to a stake; running thence South 70 Deg. 22 ' West 158.38 feet to a stake; being a control corner; running thence North 77 Deg. 04 ' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527. 15 feet to the point and place of BEGINNING, being 12 . 166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S. , dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6. 28. .9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303 .21 feet from a marker in the northern line of the right-of-way of N.C. Highway 54 and the eastern or 8 southeastern line of the right-of-way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20 ' 15" East 1999 . 33 feet to an iron stake which is located at the southwest corner of a 15. 238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527. 15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux. , South 77 Deg. 04 ' 30" East 316. 69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54 ' East 259.43 feet to an iron stake; South 21 Deg. 42 ' 30" East 196. 06 feet to an iron stake; South 0 Deg. 19 ' East 175.93 feet to an iron stake; South 02 Deg. 18 ' East 159. 15 feet to an iron stake; South 26 Deg. 46 ' West 147 . 32 feet to an iron stake; South 09 Deg. 50 ' East 113 .25 feet to an iron stake; South 23 Deg. 25 ' West 188. 17 feet to an iron stake; South 53 Deg. 21 ' West 276. 68 feet to an iron stake; and South 22 Deg. 41' West 82. 02 feet to an iron stake in the northern right-of-way of N.C. Highway 54 ; thence along and with the northern right-of- way of N.C. Highway 54 North 76 Deg. 37 ' 45" West 1420. 00 feet to an iron stake, the southeast corner of the 5.919 -acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06 ' East 326. 67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30 ' West 687 .70 feet to an iron stake in the right-of-way of the east and south side of Bethel Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Ba1 lent ine-Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6. 28. .9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road) ; thence along the right of way of Highway 54 a curve to the left with a radius of 5752. 32 an arc distance of 185.32 feet to an iron stake; thence North 06 Deg. 38 ' 39" West 626. 73 feet to an iron stake; thence North 12 Deg. 38 ' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction) ; thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27 ' 54" East 125. 07 feet to an iron stake; South 69 Deg. 52 ' 57" East 73 .75 feet to an iron stake; South 38 Deg. 26 ' 33" East 176. 56 feet to an iron stake; South 63 Deg. 36 ' 24" East 49.57 feet to an iron stake; South 19 Deg. 14 ' 15" East 150. 13 feet to an iron stake; South 58 Deg. 06 ' c 9 30" East 139. 38 feet to an iron stake; North 31 Deg. 09 ' 26" East 83 . 69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14 ' 08" East 923 . 62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. il ' 23" East 1650. 00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59 ' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08 ' 49" West 3467. 55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc. , James R. Hudson, R.L.S. , entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham", dated July 1, 1976. TM: 6.28. .8A BEGINNING at a point in Phil 's Creek, the northeast corner of the property of Philip and Alice Durham thence in a northeasterly direction approximately 480 feet to a point thence in an easterly direction approximate 280 feet to a point in the western line of the property of Philip Durham and Alice Durham, thence along the western line of the Durham property South 2 Deg. 48 ' 10" West approximately 447.99 feet to a stake; thence South 6 Deg. 35 ' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 3 2 ' 10" West 83 .71 feet to an iron stake in the northern margin of Phil's Creek; thence with the center line of Phil 's Creek in a northwest direction a distance of approximately 720 feet to the point and place of beginning and being approximately 5 acres and being a portion of the 18. 679 acre tract conveyed to American Stone Company by W. Erwin Yates and Nancy Yates. U- 10 o ro Q I z iL G ? ' wFC m 0 ri cW� 06 h ro h OZ .�� a) E vQ J y Z , 4 M .Q- c a a m•. 'q o m v O Pi f ° W a W I �n a°> o 4j• c a h 0 Da cn z E 3 to W HW >4 za) m `� � rxH � c� u w \ I w W H ro•.i H �' _ I I a� .7 � F aoa m v I iff aw°u a �-4 !� E H • 4 � as I a a z - `♦' a �� K' `� a H z I I a a _ I cLfe •'= i \ NSHIP To HIP om f E N { v rA EA z OD w•• ♦ +li 4;7 H tw N lit d�\ F► «' x f'»fit. IL W P4 a' � co °' I � In E w H E ® N o �h A N� J ORANGE COUNTY PLANNING DEPARTMENT 11 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 i LAND USE PLAN AMENDMENT APPLICATION All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: 11 1 OFFICE USE ONLY 'L r E UE S T T P CrJ so C P-3 -91) AUG tne� DATE RECEIVED: S-5-I`191 j 113°Am. VID STAFF PERSON( S1 RESPONSIBLE: Gene &11,�AVeSionc, . GENERAL DATA: American Stone Company, Orange Water Property Owner(s ) Name: and Sewer Authority, Philip ana Ali ce n„rham Mailing Address : c/o David M. Rooks, P.O_ Rix 22nR, Chapel Hill, NC 275H08 Phone: (Home) (Work) Agent(s) Name: David M. Rooks, III Mailing Address : P.O. Box 2208, Chapel Hill. NC 27915-22ns Phone: (919) 968-4441' SPECIFIC DATA: Tax Reference: Township Bingham Tax Map 28 Block Lot 9 and 98 Public/Private Road Name: NC 54 and Bethel Church Road Lot Size: Acreage 278 Square Footage 12 ,113 , 600 3 , 600- N.C. 54 Lot Frontage 4 . 080- E/s sR 17194 Depth 3 , 600- W/S SR 1104 Current Plan Category Designation(s) : General Rural Buffer Activity Node No Watershed Yes Joint Planning Area Yes RF^UEST #LUP- - 12 , SPECIFIC DATA (continued) : Describe Land Uses in the General Area: residential and agricultural On Adjacent Parcels of Land: residential and agricultural REOUEST: Land Use Plan Category Designation( s ) Requested: . R„ral TnAligtrial Arrti,vitv__ _l Node Type� of Amendment: Primary x Secondary .lhiti should be submitted with the following materials : Fu dimensioned tax map on which is highlighted the parcel, rtion thereof, in question. egal description of the parcel, or portion thereof. Letter of request to include: o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s) o a narrative stating the manner in which the proposed amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned., certify that all statements furnished in this application are true and to the best of. my (our) knowledge and that the application as submitted is complete. erican Stone Co pany b . L, NAME OF APPLICANT SIGNATURE OF AP ICANT(S) Orange Wat and Sewer Authority Zr [4''II DATE by ' r Du m A -e Durham 13 PROPERTY DESCRIPTION TM: 7 . 112 . . 32 Situated on the Southeast side of the Bethel Church Road (N.C. Secondary Road No. 1104) and BEGINNING at a point in the centerline of said road, corner with Bethel Baptist Church; running thence with the Southern line of Bethel Baptist Church the following courses and distances: South 63 Deg. 27 ' East 414 . 11 feet to an iron stake, South 64 Deg. 37 ' 50" East 576.50 feet to an iron stake, and South 60 Deg. 21' 15" East 332 . 12 feet to an iron stake; running thence South 77 Deg. 27 ' 33" West 825.99 feet to an iron stake; running thence North 20 Deg. 53 ' 35" West 437.81 feet to an iron stake in the centerline of the old (abandoned) Chapel Hill- Greensboro Road; thence with the centerline of said old Chapel Hill-Greensboro Road the following courses and distances: South 47 Deg. 34 ' 32" West 226.97 feet to an iron stake, South 50 Deg. 21 ' 15" West 184.47 feet to an iron stake, South 35 Deg. 17 ' 51" West 94 .82 feet to an iron stake, South 11 Deg. 23 ' 58" West 187.52 feet to an iron stake, South 19 Deg. 01' 57" West 177. 30 feet to an iron stake, and South 21 Deg. 18 ' 49" West 154.86 feet to an iron stake in the line of the Orange Water and Sewer Authority; running thence with the East line of said Authority North 25 Deg. 44 ' 26" 806.56 feet to a point in the centerline of N.C. Secondary Road No. 1104; running thence with the centerline of S.R. 1104 North 53 Deg. 15 ' East 809.07 feet to the point and place of BEGINNING, containing 17.977 acres according to plat and survey of Robert J. Ayers, Surveyor, dated September 19, 1988, entitled "Property of George L. Wheless" . TM: 7. 112. . 31A BEGINNING at a stake located in the line of Carey W. Durham and in the north line of the 60' easement of N.C. State Highway 54; running thence from said beginning point along the western line of the property of Carey W. Durham North 4 Deg. 10' West 312 .40 feet to an iron at a cedar tree; running thence along the western line of the property of Carey W. Durham North 23 Deg. 46 ' West 66.0 feet to an iron located at a walnut tree stump and at the southwestern corner of the property of T.M. Greene; running thence along the line of the property of T.M. Greene North 34 Deg. 52 ' West 101.0 feet to a stake; running along the said western line of the property of T.M. Greene North 16 Deg. 02 ' West 81.82 feet to a stake located at the intersection of the eastern line of the property of S.D. Durham and the said western line of the property of T.M. Greene; running thence South 20 Deg. 50' West 188.25 feet to a stake; running thence South 50 Deg. 46 ' West 276. 68 feet to a stake located on the line of the property of S.D. Durham; running thence South 20 Deg. 06' West 82 . 02 feet to a stake located on the northern line of the 60' easement of N.C. State Highway 54 ; running thence with the said northern line of the 60 ' easement of N.C. 14 State Highway 54 452. 04 feet to the point and place of BEGINNING, being the property of Jack Carlisle, according to tY:e plat and survey of Sidney V. Credle, Registered Land Surveyor, dated October 6, 1978. TM: 6.28. .9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) , said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20 ' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26 ' 45" East 713 . 12 feet to a stake; running thence South 47 Deg. 48 ' West 88. 68 feet to a stake; running thence South 47 Deg. 00 ' West 197.87 feet to a stake; running thence South 59 Deg. 14 ' West 165. 00 feet to a stake; running thence South 70 Deg. 22 ' West 158. 38 feet to a stake; being a control corner; running thence North 77 Deg. 04 ' 30" West 316. 69 feet to a stake; running thence North 31 Deg. 41' 45" West 527. 15 feet to the point and place of BEGINNING, being 12 . 166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S. , dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. EXCEPTING from said tract the following parcels of land: BEGINNING at an iron stake at the common corner of the Property of S.D. Durham and the Property of E.A. Brown on the southern margin of Bethel Church Road (SR 1104) , thence running South 24 Deg. 28 ' East 192. 32 feet to an iron stake; running thence South 65 Deg. 12 ' West 174.55 feet to an iron stake; running thence North 33 Deg. 30 ' West 187 .40 feet to an iron stake in the southern margin of Bethel Church Road; running thence North 33 Deg. 30' West 34 feet to the center line of Bethel Church Road; running thence with the center line of said road North 62 Deg. 53 ' East 210 feet to an iron stake; running thence South 24 Deg. 28 ' East 34 feet to the point and place of BEGINNING, being 0.99 acres, more or less. TM: 6. 28. .9 BEGINNING at a stake in the southeastern edge of the 60 foot right of way of SR 1104 (Bethel Church Road) , the northwest corner of a 2 .251 acre tract, said stake being North 56 Deg. 20 ' 15" East 25 feet from a stake in the edge of the right of way at the northeast corner of the Orange Water and Sewer Authority Property; running thence along and with the right of way of SR 1104 North 56 Deg. 20' 15" East 204 feet to an iron stake; running thence South 31 Deg. 41 ' 45" East 490 feet to a stake; running thence South 61 Deg. 23 ' 30" West 204. 18 feet to a stake; running thence North 31 Deg. 41 ' 45" West 472. 00 feet to the point and place of BEGINNING, 15 being 2 . 251 acres, more or less. BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) in the westernmost corner of the Orange Water and Sewer Authority Property; running thence South 75 Deg. 30 ' East 687.70 feet to a stake; running thence South 0 Deg. 06 ' West 326.67 feet to a stake on the northern margin of State Highway 54 ; running thence North 76 Deg. 37 ' 45" West 780. 19 feet along the northern margin of NC 54 to a stake; running thence North 42 Deg. 40' West 95. 33 feet to a stake; running thence in a northerly and clockwise direction along an arc having a radius of 375. 00 feet for a distance of 303 .21 feet along the southern margin of Bethel Church Road to the point and place of BEGINNING, being 5.919 acres, more or less as per plat and survey of ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE, by Robert J. Ayers, R.L.S. , dated March 16, 1979, and recorded in Plat Book 30 at Page 168, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28. .9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303 .21 feet from a marker in the northern line of the right-of-way of N.C. Highway 54 and the eastern or southeastern line of the right-of-way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20 ' 15" East 1999.33 feet to an iron stake which is located at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527. 15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux. , South 77 Deg. 04 ' 30" East 316. 69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54 ' East 259.43 feet to an iron stake; South 21 Deg. 42 ' 30" East 196. 06 feet to an iron stake; South 0 Deg. 19 ' East 175.93 feet to an iron stake; South 02 Deg. 18 ' East 159. 15 feet to an iron stake; South 26 Deg. 46 ' West 147. 32 feet to an iron stake; South 09 Deg. 50 ' East 113 .25 feet to an iron stake; South 23 Deg. 25 ' West 188. 17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right-of-way of N.C. Highway 54; thence along and with the northern right-of- way of N.C. Highway 54 North 76 Deg. 37 ' 45" West 1420. 00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5. 919 acre tract North 0 Deg. 06 ' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5. 919 acre tract North 75 Deg. 30 ' West 687 .70 feet to an iron stake in the right-of-way of the east and south side of Bethel 16 Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Bellentine-Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6. 28 . .9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road) ; thence along the right of way of Highway 54 a curve to the left with a radius of 5752.32 an arc distance of 185. 32 feet to an iron stake; thence North 06 Deg. 38 ' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38 ' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction) ; thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27 ' 54" East 125. 07 feet to an iron stake; South 69 Deg. 52 ' 57" East 73 .75 feet to an iron stake; South 38 Deg. 26 ' 33" East 176.56 feet to an iron stake; South 63 Deg. 36 ' 24" East 49.57 feet to an iron stake; South 19 Deg. 14 ' 15" East 150. 13 feet to an iron stake; South 58 Deg. 06 ' 30" East 139. 38 feet to an iron stake; North 31 Deg. 09 ' 26" East 83 .69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14 ' 08" East 923 . 62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 11' 23" East 1650. 00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59 ' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08 ' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100. 00 acres according to a survey by Southeastern Surveys, Inc. , James R. Hudson, R.L.S. , entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham", dated July 1, 1976. TM: 6.28. .8A BEGINNING at a stake in the eastern margin of Auburn Davis (Deed Book 117, Page 172, and Deed Book 209, Page 741, Orange County Registry) and the Southwest corner of David McCauley (Deed Book 181, Page 413 , orange County Registry)' running thence with the southern margin of David McCauley North 88 Deg. 47 ' East 508 feet and North 55 Deg. 58 ' 30" East 1046. 66 feet to a stake; running thence South 38 Deg. 46 ' 40" East 217.40 feet to an iron stake; thence South 02 Deg. 48 ' 10" West 727.99 feet to a stake; thence South 06 Deg. 35 ' 55" West 196.78 feet to an iron stake; thence J 17 South 30 Deg. 32 ' 10" West 83 .71 feet to an iron stake in the northern margin of Phil 's Creek, thence with the center line of said Creek to a stake in the eastern margin of Auburn Davis, referenced by the following courses and distances: North 50 Deg. 04 ' 30" West 113 feet, North 30 Deg. 36 ' 50" West 163.51 feet, North 64 Deg. 14 ' 30" West 49.59 feet, North 39 Deg. 04 ' 30" West 176.50 feet, North 70 Deg. 31" West 73 .75 feet, North 86 Deg. 06' 10" West 124.98 feet, South 65 Deg. 44 ' 30" West 92 . 66 feet, South 25 Deg. 04 ' 10" West 83 . 66 feet, South 43 Deg. 26' 30" West 66.73 feet, North 86 Deg. 18 ' 10" West 188.89 feet, North 67 Deg. 55 ' 10" West 105. 06 feet, South 59 Deg. 38 ' 40" West 127.76 feet, South 24 Deg. 28 ' 20" West 64.31 feet, North 83 Deg. 06 ' 00" West 145. 59 feet, South 47 Deg. 05 ' 50" West 70.87 feet, North 83 Deg. 18 ' 20" West 40.38 feet and South 58 Deg. 26 ' West 72 .27 feet, running thence with the said eastern line of Auburn Davis North 2 Deg. 25 ' 10" East 459 feet to the point and place of BEGINNING and being 18.679 acres according to plat of Fulton and Associates, entitled Property of American Stone Co. , dated October 17, 1979. 18 August 1, 1991 Mr. Marvin Collins Director, Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: American Stone Co. quarry - N. C. Highway 54 Dear Mr. Collins: This letter is submitted in support of our application to amend the Orange County Land Use Plan and the Joint Planning Area Land Use Plan to designate the area surrounding the existing American Stone Company quarry and Orange Water and Sewer Authority reservoir on N. C. 54 near S. R. 1104 as a Rural Industrial Activity Node where extractive uses are allowed. Identification of property. The tracts affected are at the intersection of S. R. 1104 (Bethel-Hickory Grove Church Rd. ) and N. C. 54 , and are described on the attached map. The specific owners are as follows: Owner TM American Stone Company 7. 112 . . 31A 7. 112 . . 32 6.28. .8A 6.28. .9 6.28 . .9C Orange Water and Sewer Authority 6.28. .9E Philip and Alice Durham 6.28. .9B Orange Water and Sewer Authority (OWASA) uses the old quarry pit on its property conjunctively with University Lake to store excess water from the Cane Creek Reservoir. American Stone Company (American) leases a portion of the Durham property on the west side of S. R. 1104 where it operates an active a rock quarry. As an accessory to the quarry, Nello L. Teer Company (Teer) operates an asphalt plant on a portion of the OWASA property between OWASA's existing reservoir and American's active quarry. OWASA, American, Mr. and Mrs. Durham and Teer have entered into an agreement which, subject obtaining all relevant governmental approvals, calls for the relocation S.R. 1104 and the asphalt plant, which currently separate the reservoir and active quarry, 19 Mr. Marvin Collins August 1, 1991 Page 2 to the eastern side of the site so American can expand the active quarry toward the OWASA reservoir. At the end of the quarry operation, but no later than 2029, the expanded quarry and an adjacent buffer will be conveyed automatically by operation of the contract to OWASA for use as an reservoir with additional storage capacity of up to three billion gallons- more than five times the capacity of University Lake. The relocated asphalt plant would be designed and constructed with sophisticated environmental safeguards, as specifically recommended by Camp Dresser and McKee, OWASA's watershed consultant, and consistent with current environmental standards. Current Land Use Category The property is located in the Rural Buffer and University Lake watershed, and is zoned accordingly. The Joint Planning Area Land Use Plan designates uses as public/private open space, resource protection, rural residential and extractive use. Proposed Land Use Category Applicants propose that the tract be designated as a Rural Industrial Activity Node in the Land Use Plan. Conformity with Purposes of the Comprehensive Plan The proposed designation would carry out the intent and purposes of the Land Use Plan by furthering specific goals set out in section 3 . 5 of the Plan. For Example, Goal ten ("Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County") , would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. The fact that this additional capacity can be obtained without acquiring any new agricultural property is consistent with Goal Seven ("Continued use of agricultural land and the preservation of the farming way of life") . The proposal also promotes Goal Six ("Economic development which meets local needs while protecting the natural environment") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and i 20 Mr. Marvin Collins August 1, 1991 Page 3 indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. By using a mutually beneficial public/private easement to transform a business enterprise into a public water supply reservoir, the proposal advances Goal Number One of the Comprehensive Plan: "To conserve the County's natural environment through means which are equitable to all citizens of Orange County. " Special Conditions Making the Proposal Reasonably Necessary 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. 3 . The provision of hot mix asphalt within reasonable hauling distance of the local market area. Summary This unique combination of circumstances, in which economic development and natural resource goals are mutually reinforcing, is a "win-win" opportunity with substantial benefits for the applicants and the community at large. Further documentation will demonstrate that economic and environmental costs to the community will be negligible. Sincerely, American Stone Company Orange Water and Sewer Authority By: l Pb,ilil3r,turha m Alice Durham -4 cz to < o U CL 3 C _ o 7 < H • r W co < .4:!W!!.'.-.._._ Z < C ."'nit lIH^ !�11}�'r''•" 1 \\� C t� •/ u co o I f J co =� < s_ co kv� c 1 � � a s -r, r_...__....__.__ �r!��r�t�raxt 1 \ ^`.i+` •.�. :rv�-:-• '�ivi•=w} .i• - y_.? x:.". - - �;,,u•v�• t ':•%r. `.L.. - - .'�'...}I'�: :�''•.•i�+.:.. <� .'at:t' �.e- y`�`����'fir'' 'y' .v,. '�'�" '��. '"i'• . ME- i�'.i:."ti'•{� •+t+'. 't`.��' Or its , `�`y. ter. ,..'M=:� `J'I -n1� .��_�`�.fy.�1-K y�!i.•1.�i.� �.