Loading...
HomeMy WebLinkAboutAgenda - 04-14-1994 - D-1 r 1 Ofl ORANGE COUNTY BOARD OF COMNIISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 14, 1994 Action Agenda Item # D 1 SUBJECT: SOUTHERN SMALL AREA PLAN REZONING DEPARTMENT: PLANNING PUBLIC HEARING: —X—YES NO ATTACHMENT(S) : INFORMATION CONTACT: - Joint Staff Report Gene Bell, Ext. 2589 - 11-15-93 Chapel Hill Public Marvin Collins, Ext. 2592 Hearing Minutes - Southern Small Area Plan Map TELEPHONE NUMBERS: - Map of Proposed Zoning for Area Hillsborough - 732-8181 - Map of Current Zoning for Area Chapel Hill - 967-9251 - Certificate of Mailing Durham - 688-7331 Mebane - 227-2031 PURPOSE: To receive public comment on a proposal to rezone a portion of the Joint Planning Area (JPA) to promote consistency with the adopted Southern Small Area Plan. BACKGROUND: In December 1989 the Chapel Hill Town Council adopted a resolution that initiated a small area planning process for land in the Town's planning jurisdiction that is generally south of Morgan Creek and north of the Chatham County line. In October 1990, the Council appointed a Small Area Plan Work Group to develop a recommended long- range plan for this "southern area.�$ On June 23, 1992, Council adopted a Small Area Plan for the Southern Area as a component of the Town's long- range comprehensive plan. The majority of the southern area is located within Chapel Hill's extraterritorial planning jurisdiction (ETJ) . However, an area of approximately 205 acres bounded generally by U.S. 15-501 to the west, the ETJ line to the north, Old Lystra Road to the east, and the Chatham County line to the south is in the Joint Planning Transition Area. Plan recommendations for this area are residential densities of one unit per acre for the area west of Wilson Creek and one unit per five acres for land east of Wilson Creek. 072 On October 14, 1992 a joint public hearing was held on a proposal to amend the JPA Land Use Plan to incorporate the Southern Small Area Plan. This proposal was subsequently approved by Carrboro on November 10, 1992 , Chapel Hill on November 23, 1992, and Orange County on February 1, 1993 . At Chapel Hill's public hearing on proposed rezonings for the Southern Small Area Plan for areas inside the ETJ, six residents of the White Rock Church area off Old Lystra Road spoke against the proposed five-acre lot zoning (R-LD5) . They asserted that such zoning would create hardships and damage the long-standing community that had existed there for decades. In response to the concerns expressed, the Town Council adopted one-acre zoning (R-LD1) for the area. They concluded that R-LD1 zoning would be consistent with nearby developed areas and still maintain the minimum lot size necessary for rural residential development. RECOMMENDATION: The Orange County and Chapel Hill Planning Staffs recommend that the Southern Joint Planning Transition Area be rezoned to R-LD1 (one unit per acre) . Following conclusion of the public hearing, the matter should be referred to the Town of Chapel Hill for decision and then to the Orange County Planning Board for a recommendation to the Orange County Commissioners. A proposed schedule for consideration is as follows: Chapel Hill May 10, 1994 - Planning Board Recommendation May 23, 1994 - Town Council Decision Orange County • June 20, 1994 - Planning Board Recommendation August 8, 1994 - County Commissioners Decision 01 Town of Chapel Hill Orange County Joint Planning Department Staff Report SUBJECT: Public Hearing. on Zoning of Chapel Hill's Southern Joint Planning Area in Accordance with the Town's Adopted Southern Small Area Plan DATE: April 7, 1994 Background Small Area Plan On December 12, 1989, the Chapel Hill Town Council adopted a resolution that initiated a small area planning process for the land in the Town's planning jurisdiction, that is generally south of Morgan Creek and north of the Chatham County line. In October 1990, the Council appointed a Small Area Plan Work Group consisting of the Planning Board and five community representatives to develop a recommended long-range plan for this "southern area." On June 23, 1992, Council adopted a Small Area Plan for the Southern Area as a component of the Town's long-range comprehensive plan. In developing a plan for the southern area, the Small Area Plan Work Group conducted an environmental analysis of the area, and obtained input from area residents and the community as a whole through three neighborhood meetings. The land use plan was developed based on the environmental analysis, citizen input, consideration of existing development, and consideration of potential land use patterns which best met the goals and objectives of the plan. Key objectives included protection of environmentally sensitive areas and limiting the increase in traffic by creating a transit-friendly development pattern. In particular, no new arterial roads are called for in the Plan. Development patterns and densities are proposed in a manner that would minimize the need for such new roads. Amending the Joint Planning.Area Land Use Plan On October 14, 1992, a joint public hearing was held on a proposal to amend the Joint Planning Area (JPA) Land Use Plan to incorporate the adopted Southern Small Area Plan. This proposal was subsequently approved by the Chapel Hill Town Council (11/23/92), the Carrboro Board of Alderman (11/10/92), and the Orange County Board of Commissioners (2/1/93). r' r 0714 Rezoning in Accordance With the Southern Small Area Plan One of the implementation steps recommended in the adopted Southern Small Area Plan was to adjust the zoning in the area, so that the zoning conforms with the land uses approved in the southern small area plan. On November 22, 1993, the Chapel Hill Town Council rezoned 12 areas constituting the entire portion of the Southern Small Area Plan that is in Chapel Hill's extraterritorial planning jurisdiction (ETJ). In rezoning the southern area, the Town of Chapel Hill sought to keep existing residential neighborhoods under their existing zoning, and zone the remaining area in accordance with the adopted land use plan for the southern area. On February 14, 1994, the Chapel Hill Town Council rezoned a small portion of the southern area, from R-LD1 (one unit per acre) to R-LD5 (one unit per five acres). This additional zoning was in conformance with the adopted land use plan for the southern area. Rezoning the Joint Planning Transition Area in Accordance with Chapel Hill's Southern Small Area Plan The majority of the southern area is located within Chapel Hill's extraterritorial planning jurisdiction (ETJ). However, an area of approximately 205 acres is in the Joint Planning Transition Area. This 205 acre area is bounded generally by U.S. 15-501 to the west, the ETJ line to the north, Old Lystra Road to the east, and the Chatham County line to the south. Presently, this area is zoned R-1 Residential, which requires 17,000 square feet of gross land area for a single-family detached house. The Joint Planning Area Land Use Plan has been amended to reflect a land use of one unit per acre for the land in this Joint Planning Area that is west of Wilson Creek. A land use of one unit per five acres was adopted for the land that is east of Wilson Creek. At Chapel Hill's public hearing on the proposed rezonings for the portion of the southern area plan that falls in Chapel Hill's ETJ, however, residents of the White Rock Church Road Area spoke against the proposed R-LD5 zoning (Residential-Low Density 5) district that would allow a five-acre minimum lot size for a single family house. (The White Rock Church area is east of Wilson Creek, and has an adopted land use of one unit per five acres.) A total of six representatives from the White Rock Church area off Old Lystra Road spoke against the proposed R-LD5 rezoning, asserting that such a rezoning would create hardships for individual owners in the area, and damage the long-standing community that has existed there for decades. Families expressed concern about not being able to subdivide their land, for their children to build on. The Chapel Hill Town Council decided the R-LD1 zoning (Residential-Low Density 1) which would allow a one acre (43,560 square feet) minimum lot size, would better permit the kind of future subdivision activity that property owners requested at the hearing: that is, the subdivision of lots into parcels that can be made available to family members. Therefore, the Council adopted R-LD1 zoning for the portion of this community that falls in the ETJ. � 4 In making this decision, the Council concluded that although the R-LD1 zoning would permit more dwelling units than the R-LD5 zoning, the total increase in the number of homes would be a modest figure in the context of the entire 2,700 acre southern area. Furthermore, this is an area with existing development, and zoning it R-LD 1 would be consistent with other nearby developed areas. Finally, the R-LD1 zoning still maintains the minimum size lot necessary to support service by wells and septic tanks in this area (as poor soils are prevalent and water and sewer service is not likely to be available in this area in the foreseeable future). In accordance with Chapel Hill's adopted R-LD1 (one unit per acre) zoning for the portion of the existing White Rock Church Community that is in Chapel Hill's ETJ, we recommend adopting R-LD1 zoning for the portion of the Joint Planning Area that is east of Wilson Creek. Therefore, given that the portion of the Joint Planning Area that is west of Wilson Creek has an adopted land use of one unit per acre, we recommend R-LD 1 zoning for all of the southern Joint Planning Transition Area. Recommendation The Orange County and Chapel Hill Planning Staffs recommend that the Southern Joint Planning Transition Area be rezoned to R-LD1 (one unit per acre). Following conclusion of the Public Hearing, the matter should be referred to the Towns of Chapel Hill and Carrboro for a decision, and then to the Orange County Planning Board for a recommendation to the County Commissioners. 011 1 MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, NOVEMBER 15, 1993 Mayor Broun called the hearing to order. He noted that Town Manager Horton had presented the Council with a report on a recent criminal incident on West Franklin Street. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Capowski, Mark Chilton, Barbara Powell, Alan Rimer, Rosemary Waldorf and Arthur Werner (arrived at 7:42 p.m. ) . Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Planning Director Roger Waldon, Development Coordinator Jennie Bob Culpepper and Town Attorney Ralph Karpinos. Noting that only two or three speakers had signed up to speak on item number 2, the proposed establishment of a historic district in the Gimghoul neighborhood, Mayor Broun suggested that the order of the first two hearing items be reversed. There were no objections from the Council. Item 1 Proposed Gimghoul Historic District Planning Director Roger Waldon said the proposal was to create the Town's third historic district in the Gimghoul neighborhood. He briefly reviewed the proposal and showed an area map of the proposed district. Council Member Andresen inquired about the differences between a local historic district and homes in the National Historic Register. Mr. Waldon said National Historic Register requirements were generally less stringent than requirements in local historic districts. Council Member Capowski inquired which boards other than the Council were involved in historic district matters. Mr. Waldon said the Historic District Commission was generally the only commission reviewing applications. Council Member Capowski inquired about guidelines used to handle modern structures in historic districts. Noting that there were some anomalies in historic districts, Mr. Waldon said the Historic District Commission examined individual homes and neighborhoods for overall historical character. Planning Board member Marianna Chambless said the Planning Board had unanimously recommended approval of the request for creation of the proposmd Gimghoul Historic District. Ron Davis, 705 Gimghoul . Road, said he favored the proposal. Mr. Davis stated that Gimghoul Road was one of the nicest streets in the Town. He added that although creation of the historic district might result in the loss of some independence for area homeowners, it was a small price to pay to show one's love for their neighborhood and Town. Russ Glatz, President of the Gimghoul Homeowners Association, said the Gimghoul area was the first planned community in the Town outside of the University. He stated that a number of famous l,J 2 November 15, 1993 University and alumnus, including Frank Porter Graham, had formerly and currently resided in the Gimghoul neighborhood. He expressed hope that the Council would approve the proposed historic district. Historic District Commission Chairperson Mary Arthur Stoudemire said she was a 48-year resident of Gimghoul Road. Ms. Stoudemire said she and her neighbors cherished their properties along Gimghoul Road. She noted that three months ago the Gimghoul area had been placed on the National Historic Register. Ms. Stoudemire requested that the Council approve the request for the Gimghoul Historic District. Council Member Andresen inquired whether the Historic District Commission had any Gimghoul neighborhood residents other than Ms. Stoudemire. Mr. Waldon said no, noting that if vacancies arose on the Commission, residents of the area would be made aware of them. Council Member Andresen asked whether there was any way to assess opposition to the plan. Mr. Horton stated that interested parties had been notified of the proposal by a newspaper advertisement and notices had been mailed to area residents. Mayor Broun noted that the Council had received one letter in opposition to the proposal. COUNCIL MEMBER BROWN MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0) . Mayor Broun noted that the item would come back before the Council for possible action on November 22nd. Item 2 Proposed Southern Area Rezonincs Planning Director Roger Waldon said a revised summary of Planning Board action had been placed at the Council table this evening. Mr. Waldon stated that a small area planning process for the southern part of the Town had been undertaken in 1989. He noted that the Council had appointed several citizens to work with the Planning Board on the development of the southern small area plan. Mr. Waldon said that the Council had subsequently a southern small area plan as a component of the Town's Comprehensive Plan, directing how development should occur in the area. He stated that • proposed land-use densities would be significantly lower as one moved further away from a proposed central commercial portion of the southern area. Mr. Waldon showed a map providing an overview of proposed zoning for the southern area. He also briefly compared the small area plan's zoning proposal with the Town's adopted small area plan, noting that efforts had been made to match the zoning proposal to the Town's Comprehensive Plan. Mr. Waldon stated that although zoning of the proposed Reserve subdivision was recommended as one unit per five acres, it could reasonably be developed at one unit per acre. Mayor Broun inquired about the proposed location of the 3 November 15, 1993 Reserve subdivision. Mr. Waldon pointed out the location on an area map. Council Member Andresen inquired about the relationship between Laurel Hill Parkway and the status of other possible major roadways in the area. Noting that the Council had requested that Laurel Hill Parkway be removed from the Thoroughfare Plan, Mr. Waldon said that no new major roadways or transportation corridors were planned in the area. Council Member Werner inquired about the location of the urban services boundary in the southern area. Mr. Waldon said the boundary generally followed a ridge line near Old Lystra Road, with the portion to the north and west recommended as urban areas and the south and east sectors to be low-density rural buffers. He added that due to difficult topography in the area, the proposed urban services area boundary might merit reexamination. Council Member Werner inquired whether the Town could unilaterally change the urban services boundary. Noting that the boundary was a portion of the joint planning' agreement, Mr. Waldon said he was not certain whether Orange County alone or both the Town of Carrboro and Orange County would need to be involved in such a possible redesignation. Council Member Brown inquired about implications for the southern area if a development proposed at U.S. 15-501 and Mt. Carmel Church Road did not occur. Noting that a subdivision application for the area had been received, Mr. Waldon stated that the developer's proposal was to develop 37 lots on the 37-acre tract. Council Member Brown inquired about the current zoning density for the tract. Mr. Waldon said it was a maximum of three units per acre, permitting the construction of up to 111 units. He added that it was unlikely that this many units could be accommodated on the tract due to topographical and other considerations. Council Member Capowski inquired whether the Reserve subdivision and a thirty to fifty-acre tract referenced in the staff's memorandum were included in the 6,000 total unit estimate for the southern area. Mr. Waldon said yes. Council Member Powell requested additional information concerning the urban services area boundary. Mr. Waldon noted that the boundary line had been drawn in 1986. He added that reexamination of the boundary line might be in order. Council Member Powell asked whether existing lots of record owned before 1992 could be resubdivided into three lots. Mr. Waldon said this was correct. Planning Board representative Marianna Chambless said the Board had recommended approval of the proposed rezonings with one amendment, the Michie property being rezoned RD-1 instead of RD-5. She noted that two Board members had voted against the overall rezoning because they believed there was . insufficient allowance for commercial and industrial uses. r 4 November 15, 1993 Reverend Robert Siler, a resident of Siler City and pastor of the White Rock Church, said he opposed the rezoning of his church to RLD-5. Noting that some families proposed to give one or two acres to each of their children to build a home, Reverend Siler inquired about the Town's rationale for recommending lower densities in the area. He expressed concern that a hardship was being created, possibly stopping future development in he area. Reverend Siler said he did not think it made sense to rezone land in the White Rock Church area. Dora Atwater, 914 White Rock Road, said she had lived in the area for over 50 years. Noting that her property had been handed down from her husband's mother, Ms. Atwater said she wanted her children to build homes on the property in the future. She requested that the Council reconsider the rezoning proposal to permit zoning densities to remain the same in the White Rock Church area. Adell Paisant said she opposed the proposed rezoning. Thelma Alston asked that the Council not rezone the White Rock Church area to RLD-5. Gus Alston stated that not many people could afford to own five acres of land. He requested that the Council leave zoning in the White Rock Church area unchanged. R.D. Smith said that any proposed zoning changes should not impose a hardship on families. Stating that the matter needed a lot more study, Mr. Smith requested that the Council not vote on the proposed plan. Mr. Smith urged the Council to pursue affordable housing opportunities for low and moderate-income persons in the southern part of the Town. He requested that the Council not rezone the White Rock Church area since it would cause hardships to many area residents. William Lanier Hunt said he owned 150 acres in the Laurel Hill area which he wished to develop in the future. Mr. Hunt requested that the Council not rezone his property. Robert Smith, representing Mr. Hunt, said his client had donated 100 acres.. to the State of North Carolina for the establishment of the Hunt Arboretum. He expressed concern that rezoning the land could possibly render it unusable. Mr. Smith requested that the Council not rezone Mr. Smith's property to a lower density. Gary Phillips said Mr. Hunt's property might be rendered unusable if a 5 acre per unit zoning density were instituted on the Hunt property. Using standard appraisal practices, Mr. Phillips said total estimated expenses for developing 5-acre minimum lots would exceeded the estimated value of Mr. Hunt's property. He stated that development of one acre tracts. would yield an after-expense 0S I 5 November 15, 1993 value of several million dollars. Mr. Phillips requested that the Town not deprive the Hunt property of its permissible uses. Elmita Thompson, a resident of Old Lystra Road, said the proposed rezoning would be a complete hardship on White Rock Church area property owners. She stated that the rezoning proposal was unfair to area residents. Ms. Thompson requested that the Council consider leaving existing zoning unchanged. Edward White said he believed that rezoning of his property to RLD- 5 was proposed by the rezoning plan. He stated that the proposed zoning boundary had been illogically drawn. Mr. White said he was quite sympathetic about the zoning-related concerns of White Rock Road area property owners. William ,Rose said land owned by two of his clients had been zoned R-1 since the early 1960's. Mr. Rose stated that there was no evidence of the economic impact of rezoning land to RLD-5. He urged the Council to weigh the intent of persons purchasing land in the southern area prior to undertaking any rezoning recommendations. Mr. Rose said he opposed the proposed rezoning of the Raney and Ivy tracts on Linden Road. Mieke Rose expressed concern about planned future development in the southern area. Ms. Rose said many residents of the White Rock Church Road area had hoped that family members could build additional homes on their properties. She expressed concern about the ability of area roads and schools to handle future growth in the southern area. Mary Jo Bateman expressed concern about overcrowded schools and roadways. Ms. Bateman said she questioned why the most densely developed area had been approved first by the Council. She stated that the concerns of White Rock Road merited special attention by the Council. Fred Smith, 328 Azalea Drive, said his home faced Morgan Creek. Mr. Smith stated his support for the proposed rezoning stating that extra runoff from denser development might be detrimental to area properties. Tom Traut, a resident of Bayberry Drive, said he favored lower density development in the southern area given the area's topography. He requested that the Council adopt the proposed rezoning in the Bayberry Drive area. Planning Board Member Martin Rody thanked outgoing Council Members for their past support of the Board. Mr. Rody suggested that the Council examine the Comprehensive Plan and consider establishing a research development park in the southern area. O82 6 November 1.5, 1993 Pearson Stewart, a member of the Southern Small Area Plan Work Group, said he supported the proposed rezoning and noted the need to resolve concerns of residents of the White Rock Road area residents. Mr. Stewart noted the need to provide as much protection as possible for the Mason Farm Biological Preserve and area urban runoff. Katherine Myers expressed concern that her property might be proposed for downzoning. Mr. Horton said it was not. He added that staff could meet with Ms. Myers about any additional concerns. T. J. Land, Jr. , a Town resident since 1967, said he feared that an elitist rezoning proposal was being contemplated. Mr. Land expressed concern that the proposed rezoning would eliminate any possibility for affordable housing in the area. He stated that existing zoning was appropriate for the area. Julie Coleman, a member of the southern small area plan work group, urged the Council to vote on the proposed southern area Rezonings at their November 22nd meeting. Ms. Coleman emphasized the importance of balancing affordable housing opportunities with less dense development in the southern part of the Town. Kenneth Sugioka, 319 Bayberry Drive, said he was chagrined that R-1 zoning, rather than R-la, was proposed for homes on Bayberry Drive. Stating that the area was very ecologically sensitive, Mr. Sugioka suggested that emphasis should be placed on many lower densities in the area. Mike Brough, an attorney representing three area property owners opposed to the proposed rezonings, said it was unclear why the zoning changes were proposed. He stated that the intent appeared to be to eliminate property uses of the past forty years. Mr. Brough stated that one of his clients had expended about $45,000 to make improvements to a commercial building. He requested that the Council consider possible hardships on his clients prior to adopting the proposed rezonings. Margaret Brown read a letter from William B. Strom, a member of the Orange County Economic Development Commission, expressing enthusiastic support for the proposed rezonings. Mr. Strom Is • letter stated that approval of the rezonings was essential to the community and all of Orange County. Ms. Brown said that several hundred citizens had worked together to draft the southern small area plan proposal. She stated that the group had developed a proposed density pattern which would not require a road that would cut the community in half and would protect property owner's rights. Ms. Brown also said she hoped the Council would approve the proposed rezonings as soon as possible. P.H. Craig said he had owned a. small tract of land near White Rock Church for about twenty years. Mr. Craig stated that the proposed rezonings would pose a very severe hardship on area residents. Mr. 7 November 15, 1993 Craig noted that if the rezonings were approved, he would organize opponents to fight the matter on a legal basis. He requested that the Council not approve the proposed rezonings. Noting that he had attended all of the meetings related to the Southern Small Area Plan planning process, Trip Overholt said he wished that those opposing the proposed rezonings had attended earlier meetings concerning the proposed area plan. Mr. Overholt stated that if the proposed rezonings were not adopted, the Town would not have a good quality of life. He expressed his support for the southern area plan and the opportunities for public involvement. Mr. Overholt urged the Council to approve the rezonings at its November 22nd meeting. Noting that all parties had to compromise a little bit, Mr. Overholt stated that although he had a great deal of sympathy for White Rock Road residents, the plan partly accommodated some of the resident's concerns. Noting that higher densities were proposed for the Southern Village development, Livy Ludington stated that the proposed rezonings and the Southern Village development proposal should have been discussed on the same evening. She expressed concern about the possibility- of overcrowded schools and roads resulting from high- density development in the southern area. Ms. Ludington suggested that the Council address the concerns of White Rock Road residents separately from the overall rezoning matter. She also urged the Council to protect open space and environmentally sensitive areas. Jack Smyre stated that land to the east of the urban services area was undevelopable due to poor soils and the area's topography. He stated that 32 acres of the Michie property to the west of the urban services boundary were topographically benign and developable at existing zoning densities. John Kent, an area resident and member of the Sierra Club, said he had been involved in the southern small area planning process. Mr. Kent urged the Council to take necessary steps to preserve the Mason Farm Preserve area. He requested that the Council adopt the proposed rezonings as soon as possible and examine the White Rock Road situation .separately. • Erle Peacock, representing area property owners Dr. Raney and Dr. Ivy, said the proposed rezonings appeared to be arbitrary and capricious relative to the designation of one unit per acre or five acres. He requested that the Council refer the matter back to the Planning Board for additional discussion of areas recommended for RLD-5 zoning. Karyn Traut, 400 Bayberry Drive, said she was happy that a zoning rollback was being proposed. She stated that area traffic frequently exceeded 50 miles per hour in 25 miles per hour speed zones. Ms. Traut requested that the Council adopt the proposed rezonings. 084 8 November 15, 1993 Kevin Huggins, an area property developer, expressed concern about the proposal for lower zoning densities. Mr. Huggins requested that the Council give consideration to maintaining densities consistent with the southern area plan. Council Member Chilton said although the overall process was a good one, at least one mistake, the apparent exclusion of the White Rock neighborhood, had been made. He apologized to residents of the area for this, oversight. Council Member Chilton requested that staff's follow-up report outline zoning options for residents of the White Rock Road area. Council Member Andresen stated that the proposed rezonings had involved a process of many hard choices. Council Member Andresen said she was pleased that so many citizens were involved in the process. She requested that citizens with zoning hardships direct their concern to herself and other Council Members. Council Member Andresen emphasized the. importance of having adequate roads in the area. She stated that allowing the area to develop at densities higher than those proposed would be irresponsible and would place unnecessary stress on water and sewer services. Council Member Andresen inquired about the recommended rezoning of the Watts Motel property. Mr. Karpinos said he could report back to the Council on the matter. Council Member Andresen suggested the possibility of conditional uses to protect against additional commercial development in the area. Council Member Rimer requested that staff examine residential areas off Old Lystra Road separately to evaluate possible hardship exceptions in these instances. He added that the transfer of development rights could have possibly redressed some of the downzoning concerns of area residents. Council Member Werner noted that this evening's hearing marked the culmination of a very long process. He added that the Council was on record supporting the proposed plan in concept and opposing the construction of the Laurel Hill Parkway. Council Member Werner requested.that staff examine the White Rock Road matter separately. He also expressed his support for rezoning the Azalea Drive area to R-la zoning. Council Member Werner stated that some of Mr. Rody's ideas about the development of a research and development park was an interesting one bearing possible consideration in the future. He also suggested that the urban services area boundary be reexamined once the Council had acted on the proposed rezonings. Council Member Powell said she agreed that the possible rezoning of properties in the Old Lystra/White Rock Road area should be examined separately. She noted that the Planning Board members opposing the rezoning proposal had noted the absence of affordable housing opportunities in the overall proposed area plan. Council Member Powell requested that the staff's follow-up report contain OS7 9 November 15, 1993 information on why a five-acre lot minimum, rather than four or six acres, was proposed. Council Member Capowski requested that the staff's follow-up report contain information about the taking of smaller undevelopable lots. He also requested information about the differences between neighborhood commercial and community commercial zoning uses. Council Member Capowski inquired whether there was any relation between not rezoning the area and the possible construction of the Laurel Hill Parkway. He stated that the current Council should vote on the possible rezonings at its November 22nd meeting. Council Member Brown emphasized the importance of addressing concerns of the White Rock area residents relative to the proposed rezonings. Council Member Brown requested that all hearings and minutes of prior meetings concerning the southern area rezonings be entered into the record of the hearing. She suggested that the rezoning matter be voted on at the November 22nd Council meeting. Mayor Broun stated that the White Rock area situation needed to be examined within the context of the entire southern area plan. He stated that the overall planning and rezoning processes for the southern area had been thorough ones. Council Member Powell said she concurred that the proposal was well thought out and planned. COUNCIL MEMBER WALDORF MOVED, SECONDED BY COUNCIL MEMBER POWELL, TO REFER THE MATTER TO THE MANAGER AND ATTORNEY AND BRING THE MATTER BACK FOR CONSIDERATION AT THE NOVEMBER 22ND COUNCIL MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (9-0) . Mr. Horton noted that a number of protest petitions were currently being reviewed by Planning staff. He noted that the staff's follow-up materials would likely be ready by Friday, November 19th, rather than Wednesday, November 17th. Mr. Karpinos noted that given the very short turnaround, the follow-up work would be less rigorous than a follow-up report having a longer completion timeframe. Council Member Capowski requested that the staff's follow-up report expand on the logic for one unit per acre for the Michis property. • Item 3 OWASA Sewer Pump Station SUP Request Development Coordinator Jennie Bob Culpepper said the Orange Water and Sewer Authority (OWASA) had submitted a special use permit application for the replacement of a replacement sewer pump station along the north side of Cleland Drive. She stated that no changes in site access were proposed. Ms. Culpepper noted that the staff's preliminary recommendation was approval of the request. Council Member Rimer said he saw no compelling reason to require a fire hydrant within 500 feet of the building, a fire flow report or recycling plan for the proposed plant. He requested that the 086 ALL ., A64 !Van t' 1 Omer- pill WW • r� `I t ` _• ♦ / • ice IL v 1 ��r Z r, oss t �- -��. um now 00 WVHen(o low a r- Q J ` c o z W O Z fr F= Z Q O ti J Q Z Z Z U LLJ yos, Q Zoo ULuUl W Z Z aUU -1 • ...Icc 01_ � � �, aaa � LO -' Q N Z Fn V) cn F- ii V) ` w wZZ zz W < J Q OoN » � 00 CL 0 4. cc wUU • U 0 cc y = 0aaaaa72 z0 J W zzzzzw w w w w C m o — % + D. a uo-ivo ° vOi0 wwwww - MM c= m = = x = ZZ V �• 4 Fl y U •=� Ga• J J N lt? 7 7 U U Zz N a d V- ZD !' 7> w Z ha0y LO �} Z G' ? o , 2V = ZQw J Q Q' \` `� ' t�f lJJ J CC (n = N a � a ° r = o cr CL Yes ' N 7 La O Est •����� . � c� < 2 ♦_ ¢ cr. ''' Z Ln W cc Q ja/ • «:• JZO=J 1122 Z IZ—°i Z W °i°z •Q� 13/131 t{1►WS uxi�m0 0aZ�m z 090 ��� •Q:) 17 Y en c _ J W 091 J z /d cr w Q 0 U s Z r- t� O Q 0 U z °z /yo a C7 N ? ? � � saaa _ gel w z _j > >:<uu u LO �y JQ 0 = � ZZ " Z22 / S J N _J wwSZZO22 _ O yyb W a Q W Q OONOONOO I CL WC L 1= O0Qts � � 0a `ow Q N Q O J .JrrN } 00 U (Z O Q Q Q Q Q i S S w V HF- � 1= � ZCL � 2 CC ZZZZZw00 + + Q W w w MW w 0 m m e� WSJ O Q to v� to u� cn C� Quj uisujizz GHQ w U� Q Lo r U U I I11 � G ccc = se = ZZ _ 7 •Mi V ¢ I u V r w Ch`t V fir's.,y '• F� y N �1 Z Q •f �� = Z QPa Q r' •J :�f •:, Q� V �Gy 7 r,>: = Z N LU CL CL LLI Q BSI � to Z W ��' i • azN> rzZ .�� 2 y J w Z } G7C7Q� H ..dV < • 1 CL h•N Z W N Z �u ?3/t3� N1lWS V• yaD (A 1t W�ma OO. Z�m 092 ORANGE COUNTY PLANNING DEPARTMENT n 306F REVERE ROAD 093 3 HILLSBOROUGH, NORTH CAROLINA 27278 t•• r e, i CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Gene Bell, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on March 25, 1994, I mailed by first class mail, postage prepaid, a Notice of the Public Hearing to be held on the Southern Small Area Flan Rezoning in Chapel Hill Township from Chapel Hill R-1 to Chapel Hill R-LD1, to each property owner -as required by Article 20 Section 20. 6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place, and subject of the Public Hearing on the zoning_ classification change. WITNESS my hand, this the 25th day of March, 1994. GENE BELL , ZONING OFFICER 094