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HomeMy WebLinkAboutAgenda - 08-08-1994 - VIII-O 1 OR AN G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 8. 1994 Action Agenda Item # Y=_0 SUBJECT: SOUTHERN SMALL AREA PLAN REZONING DEPARTMENT: PLANNING PUBLIC HEARING Yes _x.__No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell Ext. 2589 - 7-5-94 Memo to Chapel Hill Town Council TELEPHONE NUMBERS: - 4-14-94 JPA Public Hearing Minutes Hillsborough-732-8181 - Draft 7-18-94 Planning Board Minutes Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider rezoning the portion of the Joint Planning Area (JPA) transition area encompassed by the adopted Southern Small Area Plan. BACKGROUND: On April 14, 1994 the Orange County Board of Commissioners and Chapel Hill Town Council held a joint public hearing on the proposed zoning of the southern JPA transition area. The subject area is approximately 205 acres in size and bounded generally by US 15-501 to the west, the Chapel Hill extraterritorial jurisdiction (ETJ) line to the north, Old Lystra Road to the east, and the Chatham County line to the south. 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. At the Town public hearing for areas inside the ETJ on November 15, 1993, six residents of the White Rock Church area off Old Lystra Road spoke against the proposed five- acre lot zoning (R-LD5) saying it would create hardships and damage the long-standing community that had existed there for decades. In response to the concerns, the Town Council adopted one-acre zoning (R-LD1) for the area. They concluded it would be consistent with nearby developed areas and still maintain the minimum lot size necessary for rural residential development. The proposal presented at the April 14 public hearing was R-LD1 zoning for the entire area. Members of the White Rock Church area who spoke at the hearing expressed their support for the R-LD1 zoning. 2 i The Joint Planning Agreement specifies that changes to zoning in the JPA transition area may be made by Orange County after the approval of the proposal by both the Chapel Hill Town Council and the Orange County Board of Commissioners. The Chapel Hill Town Council considered the issue on July 5, 1994 and unanimously approved the resolution included with the Town Manager's memorandum. The Orange County Planning Board reviewed the proposal on July 18, 1994 and voted unanimously to recommend approval of the rezoning. RECOI,MNDATION: The Administration recommends approval of the rezoning. i y 3 AGENDA #18e MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Southern Small Area Plan Zoning: Amendment to Orange County Zoning for Southern Joint Planning Transition Area DATE: July 5, 1994 The attached resolution would approve zoning for the southern joint planning transition area that would be in conformance with the Town's adopted Southern Small Area Plan. We recommend that the Council adopt zoning of Residential Low-Density 1 (one unit per acre) for the southern joint planning transition area (please see attached map). Background On April 14, 1994, the Orange County Board of Commissioners and the Chapel Hill Town Council held a joint public hearing on the proposed zoning of the southern joint planning transition area governed by the Joint Planning Agreement. According to the Joint Planning Agreement, changes to zoning in the joint planning area may be made by Orange County after the approval of the proposal by both the Chapel Hill Town Council and the Orange County Board of Commissioners. This area is the last portion of the Southern Small Area Plan to be zoned in accordance with the adopted Plan. Key Issues Members of the White Rock Church area who spoke at the public hearing on April 14, expressed their support for the proposed Residential Low-Density 1 zoning (one unit per acre), and indicated that they were against the consideration of Residential Low-Density 5 zoning (one unit per five acres). This proposal is for Residential Low-Density zoning (R-LD1). When Chapel Hill adopted zoning for the portion of the Southern Small Area Plan located within the Town's extraterritorial planning jurisdiction (ETJ) on November 22, 1993, it elected to zone the White Rock Church community with one unit per acre zoning, rather than the one unit per five acres land use category shown on the Plan. The current proposal extends this same r 4 2 concept into the joint planning transition area, which also includes the White Rock Church community. Next Stews The final step in adjusting the zoning of the southern joint planning transition area would be the adoption of an ordinance by the Orange County Board of Commissioners. The attached resolution directs the Town Manager to provide a copy of this resolution for consideration by the Orange County Board of Commissioners. We anticipate this item will be considered at the August 8, 1994 Board of Commissioners meeting. Recommendations Planning Board Recommendation: That the Council approve Residential Low-Density 1 zoning (one unit per acre) for the Joint Planning Transition Area portion of the Southern Small Area Plan. Manager's Recommendation: We recommend that the Council approve Residential Low- Density zoning (R-LD1) for the Joint Planning Transition Area portion of the Southern Small Area Plan. Attachments: 1. Orange County Board of Commissioners Agenda Item: Southern Small Area Plan Rezoning - April 14, 1994 (includes Joint Planning Department Staff Report) 2. Summary of Planning Board Action 5 3 A RESOLUTION APPROVING AN ORANGE COUNTY ORDINANCE TO ADJUST THE EXISTING ZONING IN CHAPEL HILL'S SOUTHERN JOINT PLANNING TRANSITION AREA, IN ACCORDANCE WITH THE ADOPTED SOUTHERN SMALL AREA PLAN (94-7-5/R-19) WHEREAS, on June 12, 1989, the Council of the Town of Chapel Ijill adopted a Comprehensive Plan that prepared a vision for the Town's future; and ` WHEREAS, on December 12, 1989, the Council of the Town of Chapel Hill adopted a resolution to develop a process and schedule for preparing small area plans to examine generally undeveloped land on the periphery of Chapel Hill, but within the Town's Urban Services Area; and WHEREAS, on June 23, 1992, the Council of the Town of Chapel Hill adopted the Southern Small Area Plan for the land in the Town's extraterritorial planning jurisdiction and the land in the Town's southern joint planning transition area (generally south of Morgan Creek and north of the Chatham County line); and WHEREAS,one of the implementation steps recommended in the adopted plan is to adjust the zoning of the area, so that the zoning conforms with the land uses approved in the plan; and WHEREAS, on November 22, 1993 and on February 14, 1994, the Council rezoned portions of the Southern Small Area located within the Town's extraterritorial planning jurisdiction; and WHEREAS, the Joint Planning Agreement requires that changes in zoning for land within the Joint Planning Transition Area be approved by both Orange County and Chapel Hill; and WHEREAS, Orange County and Chapel Hill held a joint public hearing on this proposal on April 14, 1994; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approve an Orange County ordinance that would adjust the zoning in the Southern Joint Planning Transition Area to Residential Low-Density 1 (R-LDI), as designated on the attached map. BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Town Manager provide a copy of this resolution for consideration by the Orange County Board of Commissioners. This the 5th day of July, 1994. 1II i +PEI- IIIL �,,I!II11 1 I 4 tic EXISTING PLANNING t I S�9 1111■ II I JURISDICTION ' '' 4ij"u I I BOUNDARY 1250' EAST !'�'�'0 ,l���II� ' OF SMITH LEVEL RD.) p I`I44'L�s 15-60�SVPASS III ' '� II III Sri' l ti IIU511 ll► ,,,,III 1111111�( 1 , u , R-1 1 I II � i I II 'ru' � I A ; 011;011i l t II,,, . II III,, !► I pi ! I� III , ,` POTEPLANNING T `+1 / �1�lII; i� II ( ! �I�" i I ( III yy I) lit NEW C '�''1'� r It,di I .� I , I ') ,I 8 JURISDICTION /R-2 U keel. ,iiidl,,.' W$ I L. , 111111 II I I I BOUNDARY .74 HAD II R-2 N , I I ' coy I I • ,r . . I.•amnia� 'III lit L / 1 11 1 R-LD5 0, ID 1 Huh R-1 iittie I(�R-1 qi$".� - °, a°C o N .-r --1-_._1 . j.�t wt. gir �„� I `N 0 w R-LD5 .`• 0 1.°N R-LD •.• R 1 G b w - \..% 0 R-5-C 5 ti�44 �,t0 0 T 11.0 .l I�p,N �111ii/, I �i,. 11 r,! R-LD1 111%. ` 5�i ? is �f c1 1111 .�16 IIIIMININ . iciii v. 1 - . 11 /.•.. i N4' 'NC Irs w• ik rig .. :• • f"• - , 11, 4, • 'g ., R 1 R-LO1GOp 4 '-LD5 4� - 1 ,/ 11� _ 4 III R;LD1 tii f 1 •LD5 /It -- rlar%S�' • o L'"4 i 9,411410 IL 14 R LD '`�►� �;!!1.21:.:....,:.„.-1 ;; •-1 _ CHAPEL HILL •• `� O� - : 1'_';.4y • _ _ SOUTHERN SMALL AREA PLAN•.44 i All "3 �u. O PROPOSED REZONING .471§4141110:71.:=18_ ' "=' ' O JOINT PLANNING NC ` } `,•.•••.l-• � CHAPEL HILL TRANSITION AREA ` ,fi r;:::::: 0. ,NGE CI I . . i� � 1 ``�.`____'•_ •_•''' - - .w R-LD5 RESIDENTIAL-LOW DENSITY 1 UNIT/5 A.:RES CHATHAM CO. R-LD1 RESIDENTIAL-LOW DENSITY, 1 UNIT/ACRE 1I.1 A RESIDENTIAL 1A, 2 UNITS/ACRE CHAPEL HILL R-1 RESIDENTIAL 1, 3 UNITS/ACRE JOINT PLANNING • R-2 RESIDENTIAL-2, 4 UNITS/ACRE AREA N R-S-C 111G11 DENSITY RESIDENTIAL-CONDITIONAL WITH PROPOSED ZONING NC NEIGHBORHOOD COMMERCIAL °' NC-C NEIGHBORHOOD COMMERCIAL -CONDITIONAL 7 APPROVED 4-14-94 JPA PUBLIC HEARING MINUTES 7 ` blasting levels that cause damage. They report that a ground movement of one inch per second will damage a structure. A blast that is perceptible can be way less than that. They have set an internal guideline of one half of the state limit or one half inch per second. They have only had one claim of blasting damage from the late 1960's and it was ultimately determined that the damage was not caused from the blasting. They will respond to any claims of damage done by the blasting. They have a blast record which is public knowledge. Chair Carey noted that the record will be open for receipt of written comments until such time as the Planning Board meets to make a recommendation. Allen Spalt called attention to a letter from Mr. Badham dated March 24, 1994 which is the official response to the citizens complaints (page 65) . He said that people were not notified about this meeting or the last meeting. He feels that this project represents a large possible public good which a small number of people are being asked to bear a very disproportionate burden. Planner Gene Bell clarified that after Mr. Spalt called last week, he did find the sign up list and sent a notice of this meeting to them. Mr. Parrish invited the County Commissioners to come out any day between the hours of 12 :00 and 1: 00 to hear the blasting. Mr. Rogers also invited the County Commissioners to his house to hear the blasting. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to refer this item to the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation to the Board of County Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS D. BOARD OF COMMISSIONERS/CHAPEL HILL TOWN COUNCIL PUBLIC HEARING 1. Z-1-94 Southern Small Area Gene Bell presented information on this item as stated in the agenda abstract. This is a proposed rezoning for the Southern Small Area. In October, 1990, the Chapel Hill Town Council appointed a Small Area Plan Work Group to develop a recommended long-range plan for this "southern area. " On June 23 , 1992, the Council adopted a Small Area Plan for the Southern Area as • component of the Town's long-range comprehensive plan. On October 14, 1992, • 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 . In response to citizen concerns expressed at Chapel Hill's public hearing, the Town Council adopted one-acre zoning for the area. Roger Waldon said that the original proposal followed the plan exactly with one acre lots on one side of the creek and five acre lots on the other side. Because citizens expressed a concern about the five acre lot size, the Chapel Hill Town Council voted to go with one acre lot size for the 4 8 8 entire area which is their recommendation tonight. Anthony Nowell spoke as a member of the White Rock Church area. Because Chapel Hill has changed their recommendation from a combination of one and five acre lots to all one acre lots, they have no problem with that recommendation. They would oppose the five acre lot size. Thelma Austin, landowner of the White Rock Church area, stated that it would definitely be a hardship if the lot size is more than one acre. Louis Barber, on behalf of the pastor of the White Rock Church, stated opposition to the five acre zoning. Mayor Ken Broun clarified for the citizens in the audience that they could not move to five acre zoning without calling another public hearing. Joyce Brown stated that she was a member of the Small Area Plan Work Group. Part of the plan was to keep neighborhoods intact and they are very thankful that the citizens came forward. She supports the neighbors' desire for this area. Juanita Atwater Belton, property owner for at least 55 years said the church has been there for 70 years. The land has been in her family many years. She wants nothing to be changed from what it is now. A motion was made by Chair Carey, seconded by Commissioner Halkiotis to refer this item to the Town of Chapel Hill for a decision and to the Orange County Planning Board for a recommendation no sooner than August 8, 1994. VOTE: UNANIMOUS E. ADJOURNMENT There were no further items for the Boards to consider. Chair Carey adjourned the meeting. The next regular meeting of the Board of County Commissioners will be held on April 19, 1993 at 7: 30 p.m. in the OWASA community meeting room in Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk r DRAFT 7-18-94 PLANNING BOARD MINUTES 9 4 Preliminary Plan for Phase One of Tupelo Ridge aAd has given preliminary approval, provided the entrance-for -Phase Two is located between the Piedmont EMC right-of-way and the Fred Dixon, Jr. property, where the sight distance at Union Grove Church Road is adequate. The Planning Staff recommends approval of the Preliminary Plan for Tupelo Ridge Subdivision, Phase One, with a public road built to State standards, and the conditions contained in the Resolution of Approval (an attachment to these minutes on pages ) . Waddell asked about the contour lines and why the watershed boundary shown on the plat does not follow the ridge line for Lot 10. Cameron responded that the zoning line shown was taken from the Joint Planning Area map and the zoning map. She noted that this was not done by a field survey, but, by USGS topo maps. Barrows asked about the strange configurations of some of the lots; particularly lot #5. Cameron responded that was due to sewage disposal sites and repair areas. Brown asked what part has five-acre zoning and how the number of lots was determined. Cameron responded that there were two lots of record when the University Lake Watershed standards were adopted in 1989 and that each lot of record could contain a maximum of five 2-acre lots, with the rest 5-acre lots. MOTION: Walters moved approval as recommended by the Planning Staff. Seconded by Jobsis. VOTE: Unanimous. AGENDA ITEM #9: MATTERS BEARD AT JOINT PLANNING AREA PUBLIC HEARING (4/14/94) a. Southern Small Area Plan Rezoning Presentation by Gene Bell. The purpose of this item is to prepare a recommendation to the County Commissioners on rezoning the Southern Joint Planning Transition Area. t 10 5 The rezoning is prompted by the Southern Small Area Plan which has been adopted by all Joint Planning jurisdictions. Under the terms of the Joint Planning Agreement, the area is administered by Chapel Hill, but any zoning changes require the approval of both Chapel Hill and Orange County. Current zoning for the area is Chapel Hill R-1 which allows up to 3 residential units per acre. Proposed zoning is Chapel Hill R-LD1 which permits one residential unit per acre. The proposed rezoning was presented at the Joint Planning Area Public Hearing held on April 14 at the OWASA administrative building. The Chapel Hill Town Council considered the rezoning on July 5 and unanimously approved the resolution attached to these minutes on page The County Commissioners are to consider the rezoning on August 8. The Planning Staff recommends approval of the rezoning. Barrows asked if Bell knew why the Staff had recommended five acre zoning for Wilson's Creek at the beginning. Bell responded that he was not sure but felt that part of the reason was that the concept of the Southern Small Area Plan was to have a neighborhood cluster closer in with increasing densities farther out. However, he did not know why they had specifically recommended five acres as opposed to two acres as in the adjacent Rural Buffer area. Brown stated that she had worked on the plan and could address Barrow's question. Using the map, she indicated that there is five acre zoning all around the perimeter of the area. Moving in toward Chapel Hill, zoning is more dense. She continued that Smith Level Road is all agricultural farms. MOTION: Reid moved approval recommended rthePlanningrStaff. Seconded by Hoecke. VOTE: Unanimous.