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HomeMy WebLinkAboutAgenda - 04-14-1994 - A-1 ,r ORANGE COUNTY 095 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 14, 1994 Agenda Abstract Item# A 1 SUBJECT: ADVERTISEMENT FOR SPECIAL PUBLIC HEARING - MAY 5, 1994 DEPARTMENT: Planning PUBLIC BEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Proposed Legal Notice Planning Director X2592 Proposed Public Hearing Items PHONE NUMBERS: Hillsborough 732-8181 Mebane 227.2031 Durham 688.7331 Chapel Hill 967.9251 PURPOSE: To consider the legal notice and items for discussion at a special public hearing scheduled for May 5, 1994. BACKGROUND: At its April 4, 1994 meetin& the Board of Commissioners received the report of the University Station Planning Group.One of the recommendations of the Work Group was to conduct a public hearing on: (1) an amendment to the County's Comprehensive Land Use Plan teat and map that would create an open space classification,and(2)the application of the classification to the University Station Property The Board was unable to meet during the month of April for such a public hearing.May 5, 1994 is proposed as the public hearing date,since it is scheduled for a work session with the Town of Hillsborough,no items have been scheduled for discussion at that meetin& and because of the Town's participation on the University Station Planning Group. The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the May 5, 1994 public hearing include the following: 1. CP-2-94 Proposed Open Space Development Area Land Use Plan Category; and 2. CP-3-94 University Station. Approval of the notice will permit advertisement on April 20 and 27, 1994 as required the the N.C.General Statutes.The proposed Comprehensive Plan map amendment will require notification of individual property owners. The notice must be mailed on or before April 19, 1994. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for May 5, 1994. 096 ORANGE COUNTY PLANNING DEPARTMENT O `l 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ,lE. NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN (TEXT AND MAP) FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Sections 323, 340, and 343; and Articles 2.2, 20.5, and 20.6 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane,Hillsborough, North Carolina, on Thursday, May 5, 1994, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to,speak for or against the following items: COMPREHENSIVE PLAN TEXT AMENDMENTS The proposed text amendments to the Land Use Element of the Orange County Comprehensive Plan are as follows: 1. CP-2.84 Proposed Open Spam Development Area Land Use Plan Category Under this proposal, Sections 3.3 (Land Use Plan Categories), 3.4 (Locational Criteria), and 4.1 (Overview of Implementation Strategies) would be amended to include a description of an Open Space Development Area land use plan category and identify zoning districts which would be applied to the category. Such an area is defined as land adjacent to an Urban or Transition area which is generally non-urban in character and which will generally remain as such. Land in this category will generally contain low-density residential uses(e.g.,no more than two units per acre) which may be served by individual wells and septic tanks or by public water and sewer. Public waxer and sewer would be an option available to large-scale developments, or a combination of small developments.All open space residential development with density greater than one unit per two acres would be requited to set aside and preserve significant amounts of open space (e.g., at least 30 percent of the total project acreage or, another option under consideration, at least 30 percent of the developable area of the project after certain undevelopable open space areas such as wetlands and steep slopes are excluded).The applied zoning districts would include RB (Rural Buffer), AR (Agricultural Residential), R-1 (Low-Density Residential), and R-2 (Low-Moderate Density Raidential). COMP PLAN MAP AMENDMENT The proposed map amendment to the Land Use Element of the Orange County Comprehensive Plan is as follows: 1. CP-3-94 University Station The property in question extends from Interstate Highway 85 on the north in a southerly direction across the Southern Railroad and Old N.C. 10(SR 1710)to the Chapel Hill railroad spur line.The western limits of the property generally follow the boundaries of the Strayhorn Hills Subdivision and New Hope Church Road The property contains approximately 862.25 acres and is specifically described as lots 17 and 20 of Tax Map 27 in Eno Township,lots 47,48,and 83 of Tax Map 26 in 09b Eno Township, and lots 10A, 10B, 10C, 12, 13, 13B, and 13C of Tax Map 3 in Chapel Hill Township.The property fronts on New Hope Church Road (SR 17 23) for a distance of 2,900 feet and on Old N.C. 10 for a distance of 4,920 feet. The current zoning designation of the property is R-1 Residential. The proposed map amendment would change the designation in the Eno and Chapel Hill Township components of the Comprehensive Plan Land Use Element from Rural Residential, Agricultural Use, and Resource Conservation to the proposed Open Space Development Area category described above. The applicants are proposing to develop the site in accordance with the proposed new land use plan category. 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 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 may directed to the Orange County Planning Department located in the Planning &Agricultural Center, 306F Revere Road,Hillsborough, North Carolina. Office hours are from 8:00 am. to 5:00 p.m., Monday through Friday.You may also call 732-8181 (Hillsborough), 688.7331 (Durham) or 967-9251 (Chapel Hill-Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: April 20, 1994 April 27, 1994 r 099 UNIVERSITY STATION Duhp Pow-- pAbud OY NC 10 Dwo P~ RM a • i i a 3 ❑ Chod W IM�p Nai TO lads ORANGE COUNTY PLANNING DEPT' oft 20% r . � �� �� 1��� L l� PROPOSED ORDINANCE/PLAN AMENDMENT ORDINANCE/PLAN: Land Use Element of the Comprehensive Plan REFERENCE: Section 3.3 Land Use Element Categories Section 3.4 Locational Criteria Section 4.1 Overview of Implementation Strategies ORIGIN OF AMENDMENT: Staff Planning Board BOCC Citizen Other: University Station Work Group PRIORITY RECOMMENDATION: _X_High Middle Low PUBLIC HEARING DATE: May 5, 1994 PURPOSE OF AMENDMENT This amendment would add language to the teat of the Land Use Element of the Orange County Comprehensive Plan to include a new plan category entitled "Open Space Development Area". A related map amendment is also proposed, the application of the proposed category to the University Station proposal. SWACTS/ISSUES On December 18, 1998, the governing boards of Orange County and Hillsborough met in joint session to discuss matters of mutual interest concerning the Hillsborough CPZ Agreement. The governing boards agreed to establish a Work Group comprised of two members of each governing board to seek solutions to the University Station development issue,i.e., annexation by the Town or approval by the County. On January 4, 1994,the Work Group held its first meeting and considered a resolution drafted by Town Attorney Michael Brough.The resolution proposed the establishment of a Small Area Planning Group with a specific charge for dealing with University Station. With the approval of the resolution by the Board of Commissioners on January 18, 1994, the University Station Planning Group began work on its charge on January 27.The Planning Group completed its work on March 9, and, on April 4, 1994, the In Antions of the Planning Group were presented to the Board of Commissioners (copy attached). As part of its recamaoendatioa�s,the Planning Group suggested that a public hearing be held on a propose amendment to the County's Comprehensive Land Use Plan text and map that would create an open space classification and apply that classification to the University Station property. If the amendments were approved, the developers could then apply for the corresponding rezoning and planned development approval. The proposed amendments to the test of the Land Use Element seek to create the"open space"category referred to above.The amendments are based on the provisions of the Hillsborough Cooperative Planning Agreement,the work of the University Station Planning Group,and on similar amendments presented at public hearing in 1992. E1-111; T G ORDINANCE/PLAN PROVISIONS (No changes to existing text proposed PROPOSED ORDINANCE/PLAN PROVISIONS The proposed changes to the text of the Land Use Element are as follows: K, 102 Section 3.3 - Land Use Element Cateaories Proposed Chance: Under "Basic Category" of RURAL, add category entitled Open-Space Development Area, as shown below. RURAL Rural Buffer Rural Residential Agricultural-Residential Open-Space Development Area Rural Neighborhood Activity Node Rural Industrial Activity Node Agricultural Areas Proposed Chance: Add description of plan category after"RURAL COMMUNITY ACTIVITY NODE" and before"RURAL BUFFER." OPEN-SPACE DEVELOPMENT AREA.Land adjacent to an Urban or Transition area which is generally non-urban in character and which will generally remain as such. Land in this category will generally contain low-density residential uses(e.g.,no more than two units per acre)which may be served by individual wells and septic tanks or by public water and sewer. Public water and sewer would be an option available to large-scale developments, or a combination of small developments. All open space residential development with density pester than one unit per two acres would be required to set aside and preserve significant amounts of open space (e.g., at least 30 percent of the total project acreage or, another option under consideration, at least 30 percent of the developable area of the project after certain undevelopable open space areas such as wetlands and steep slopes are excluded). Section 3.4- Locational Criteria Proposed Chance: After the category RURAL COADIUNITY ACTIVITY NODE and preceding the plan category section entitled RURAL BUFFER, insert the following: PLAN CATEGORY: OPEN-SPACE DEVELOPMENT AREA Land Slope: Located in areas where slopes of greater that 15% can be protected within designated open space- Hydrology: Located in areas where 100-year flood-prone areas and wetlands may be located within designated open space. Flora&Fauna: Located in areas where local,state or Federally-acknowledged unique or endangered species, and natural areas may be protected from detrimental development impacts by their location in designated open space. Soil Conditiom Located in areas where general soil conditions are suitable for deveiopanent because of good drainage characteristics and load-bearing capadty for site development. Public Services Located in areas within the County's planning jurisdiction where &Utilities: public water and sewer would be available only for developments which protect significant amounts of open space (e.g., at least 30 percent of the total project acreage). Transportation Located in areas with good road access to nearby urban areas,and System: the potential for providing access to public transit facilities. L ,,6 103 Energy Use: Located within 10 minutes commuting time from major commercial uses or an Urban area, and designed so that small-scale commercial uses provided within developments limit the number of shorter distance commutes for goods and services. Existing Land Use: Generally non-urban in character and located in areas adjacent to Urban or Transition areas. Agriculture Located in areas where agricultural and forestry activities &Forestry: may continue within designated open space. Population Density: Located in areas with an overall low density of population and which do not exceed two units per acre. Historic Located in areas where detrimental development impact on & Cultural• County, state or Federally-acknowledged historic/cultural sites or County-identified Public Interest Areas does not exist, or can be mitigated by protection within designated open space. Section 4.1 - Overview of Implementation Strategies Proposed Change; Add Open-Space Development Area row to"Lewd Use Element Categories- Zoning District Matrix! (between Rural Residential and County Residential Transition). Create a new column from existing"R-2,R-S,R-4, moving"R-2"into a free-standing cohmmn (see attached table). PEMR219 Change. Add a new section before existing description of RURAL BUFFER, as shown below. OPEN-SPACE DEVELOPMENT AREA.Identifies areas adjacent to Urban or Transition areas which are generally non-urban in character and which will remain as such. Land in this category will generally contain low-density residential uses(e g,no more than two units per acre)which may be served by individual wells and septic tanks or by public water and sewer. Public water and sewer wrnild be an option available to large-scale developments, or a cimbination of small developments.All open space residential development with density greater than one unit per two acres would be required to set aside and preserve significant amounts of open space (eg, at least 30 percent of the total project acreage or, another option under consideratiton,at least 80 percent of the developable area of the project after certain undevelopsble open space areas each as wetlands and steep slopes are excluded).The applied zoning dlstYietr would include RB(Rural Buffer),AR(Agricultural-Reddential),R-1 (Low-Density BesidentilaU,and R-9(Low-Moderate Density Residential). ORDINAN(WBEVIEW CONMU1 =: PLANNING BOARD REVIEW- BOARD OF COMbII NIONERS REVIEW- �1��■t ' ` t■00��0■I Imm ISO logo monommom soon onsomom soon nommoom logo nommoom logo 111111m Noise 111111 MINION ��■t■t t4■0■■0■I =00100 SOMEONE WINNE MEMEMEM! MENOMINEE ,loan miRm on MENOMINEE 0lZ_%N-(,1-: 105 MEMORANDUM j TO: The University Station Planning Group I Q r FROM: John Link, Orange County Manager Eric Swanson, Hillsborough Town REPORT TO: Orange County Board of Commissioners Hillsborough Board of Commissioners t RE: Recommendations from the University Station Planning Group j DATE: March 15, 1994 COPIES: Board of County Commissioners Hillsborough Town Board of Commissioners Geoffrey Gledhill, Orange County Attorney Michael Brough, Hillsborough Town Attorney Marvin Collins, Orange County Planning Director Margaret Hauth, Hillsborough Planning Director This report reflects the recommendations of the University Station Planning Group and is based on the elements recorded on the "white board" in the Government Services Center Conference Room. Consensus was reached on the following. 1. Public Utilitiew The sewer line capacity and utility would be limited to the University Station i development and that such limitation would be enforceable. 2. Densi .The density of University Station would be limited to 946 individual units,subject to the following: * Impacts of this density would be addressed by the County as a part of the Public Hearing p - * This level of density could be adjusted subject to monetary advantages of land conservancy to the developers. S. Oven Space/Golf Courser Intensive discussion focused on the use of the 160 acres between Old N.C. 10 and the railroad track. Original consensus gravitated toward the following. i * The area to the west of the floodplain will be left in natural condition - but in a well- maintained and attractive state-and donated to a conservancy (except for a new street right-of-way). i * The area to the east of the floodplain is to be developed with housing units. r M 1� ► lay ' The golf course is to be contained north of the railroad tracks. A retrenchment in consensus on the above elements requires that a yet-to-be defined option be established for this area which incorporates an appropriate mix of open space, elements of the golf course, wildlife corridor, andlor necessary number of housing units. ("Necessary"is defined as the number required on this acreage that would address the total number of individual housing units with none of the units represented in multi-story buildings.) 4. Public Hearing: A public hearing on the appropriate Land Use Plan amendment would be held in the month of April, 1994. NOTE: The public hearing referred to is as described in Michael Brouvh's November 22, 1993 memorandum to Geoffrey Gledhill(copy attached)-As described by Mr.Brough,the process would involve an amendment to the County's comprehensive land use plan text and map that would create an open space classification and apply that classification to the University Station property. Once the plan were in place, then the developers could apply for the corresponding rezoning and master plan approval: i.e., as a Planned Development. • The public hearing on the Land Use Plan amendment WOULD NOT deal with the impacts referenced in #2 above. Such impacts would be addressed as part of the rezoning and master plan approval; i.e., as part of the Planned Development process when a specific site plan was available for review. 5. Decision:The Board of Commissioners would make a decision on the above referenced Land Use Plan amendment by June 30, 1994. A point of clarification was added by the developers- That 20 acres would be designated for mixed-use, non-residential. Finally, a major unresolved question is-Of the 361 acres of open space in'the County Work Group plan, how much acreage will be in conservancy? This report is scheduled to be presented to the Board of Commissioners at its April 4, 1994 meeting. Please call us with any questions as to the content of the report. The"white board" has not been erased and will remain intact for your perusal prior to April 4. 104 MICHAEL B. BROUGH d ASSOCIATES MEMORANDUM TO: Mr. Geoff Gledhill �r FROM: Michael B. Brough� �l DATE: November 22, 1993 RE: Cooperative Planning Process and University Station Development The purpose of this memo is to confirm the substance of the discussion on Friday, November 19th between you, John Link, Marvin Collins, Eric Swanson and myself on the cooperative planning process and the alternative procedures that - could be used if Orange County were to participate in the further consideration of the University Station development. As I recall our discussion, the possibilities are as follows: (1) 1, The first alternative is that the developers could reapply for a comprehensive plan amendment that would reclassify the property in question from -F its present planning category (which I understand is "rural buffer") to an "_alternative classification that would allow the property to be rezoned and developed as the developers have requested. The process would involve a joint - •public hearing . before the Orange County Planning Board and Board of ==o Commissioners, which might occur in February, and a decision on the comprehensive plan amendment by ApriI. of next year at the earliest. Once the plan amendment '` •` was 'approved, ' then a planned development could be approved by the Board of Commissioners pursuant to- the county's ordinance. This would involve a conditional use rezoning of the property and a simultaneous master plan approval as well as preliminary subdivision plat approval. The possible timing, on this .-_,. �'L^ ;.: would be a public hearing in May and a decision in August, 1994. At that point, construction of the develooment could begin. (2Y= The second alternative is for the Town of Hillsborough and the county to tte work on the cooperative planning area land use plan. The cooperative • pl agreement contained a map that shows the cooperative planning area - di into three areas: . . (i) the Hillsborough town limits and ETJ, (ii ) transition area:, and (iii) open space area. - The proposed University Station =' project is located within the open space area. Under the agreement, water and sewer lines may be extended into the open space area to serve large planned developments, such as University Station. However, the execution of this agreement did not effect an amendment of the 0,-ange County comprehensive plan. The agreement set in motion a process to develop a cooperative planning area land use plan, with the expectation that this would be adopted by both the Town of Hillsborough and Orange County. Assuming that the cooperative area plan, when Mr. Geoff Gledhill November 22, 1993 ` ► Page Two - i t completed, closely tracks thZption uded as part of the cooperative planning area agreement, then joint a the cooperative planning area plan would mean that Orange County would have amended its comprehensive plan to classify the University Station property as an "open space area" within which water and � sewer lines could be extended to serve a planned development such as University ; Station. Were this to occur, then the property would be appropri.ate for rezoning and master plan approval of the project as indicated above under alternative one. I Under this second alternative, the changes necessary to accommodate the University Station development would not need to be initiated by the-developers, but would take place as part of the ongoing process between the Town of Hillsborough and Orange County. However, because adoption of the cooperative planning area land use plan involves a much larger area than the proposed University Station project, this affects the time schedule within which this process could be accomplished. Under the presently proposed time frame, public hearings on the cooperative planning area land use plan would take place in February and August of next year with adoption potentially scheduled for November. (3) 'A Aird alternative would also involve completion of the cooperative planning area process. However, under this alternative, the transition area might be enlarged to incorporate the proposed University Station development. The significance of this would be that, while both Orange County and Hillsborough would be involved in the zoning of the property in question, only Hillsborough would be directly involved in the permit approval process. A factor in consideration of this approach is that it would take longer than alternative two because, following adoption of the cooperative planning area land use plan (presently anticipated for November, 1994) , the cooperative planning area would have to be jointly zoned by Orange County and Hillsborough. (4) The fourth alternative involves the unilateral adoption by Orange County of an amendment to its comprehensive land use plan text and map that would create an open space classification and apply that classification- to the University Stati;om-propLerty. In other words, this action would anticipate the eventual resu Waf the. completion of the cooperative planning process (see alternative n t two above) but could be accomplished much more quickly because the only prope .-that would be directly affected would be the University Station property. Once°the plan were in place, then the developers could apply for the corresponding rezoning and master plan approval as outlined above in alternative number one. Given the practical time constraints involved, I believe that we agreed that pursuit of the fourth alternative seems most appropriate, especially in view of the meeting tentatively scheduled for December 16th between the Orange County and Hillsborough boards. At •this December meeting, we discussed the need to have the Orange County board address the following two questions: f 100 Mr. Geoff Gledhill November 22, 1003 Page Three (1) Whether it remains committed to the provision in the cooperative planning agreement between Orange County and Hillsborough that states that open space areas "maybe served by public water and sewer but solely for the purpose of the development of large developments, or a combination of small developments, with significant preserved open space;" and (2) If so, whether the Orange County board finds the proposed University Station development to be -consistent with thi: provision in the agreement. I believe we also assumed that, at this meeting, the Orange County Board Of Cortmissioners will be looking for an expression of a commitment on the part of Hillsborough to the cooperative area planning process. I recognize that there may be some reluctance to make any connection between a specific project and the cooperative planning area process. However, the reality of the situation now is that this is unavoidable. In my judgment, if the developer does not at the December meeting receive some form of encouragement from a majority of the County Commissioners, then the possibility of cooperatiron with the county on this will be removed -- not by the town -- but by the developer. That will leave the town in the position of having to decide either to proceed with annexation or not. I hope I have correctly captured the essence of our meeting. Please feel free to give me a call to discuss any of this. cc: Eric Swanson Vann Irvin i 110 4 0