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Agenda - 06-30-1988
. _ !II ORANSE -COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PLANNING PUBLIC HEARING THURSDAY, JUNE 30, 1988 • 7:30 P.M. CARRBORO ELEMENTARY SCHOOL - SHELTON STREET CARRBORO, NORTH CAROLINA A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the printed auendg (If anyone wishes to speak to matters on the agenda, we would appreciate you signing the pad • ahead of time so that you are not overlooked. ) 2. Matters not on the printed agenda C. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. D. PUBLIC HEARINS NOTE: A COPY OF THE JOINT PLANNING AGREEMENT ENACTED Page No. NOVEMBER 2, 1987 IS INCLUDED WITH THE AGENDA • MATERIALS FOR REFERENCE PURKEEML IT MAY BE FOUND FOLLOWING THE PUBLIC HEARING NOTICES. 1. Joint Planning Land Use Plan • 7 a. Description of Transition Areas I and II - "-and the Rui-al Braffei-1 • - . ..,,., • .., . . _ _ , • .. . - . -•., . Page No. 069 b. Adjustment of Transition Area I boundary to ill follow western right-of-way line of Old N.C. Highway 86 and southern right-of-way line of . Dairyland Road 081 C. Relocate boundary of Transition Area II northward to set distance of 670 feet from the border of Duke Forest 101 d. Change designation of Horace Williams Airport and the adjacent UNC property from "Public- Private Open Space" to "Future UNC Development" 111 e. Bingham Township Land Use Plan Update (Area within University Lake/New Hope Creek Basins) . ' 2. Orange, County, Comprehensive elan - and Use gleam* 111 a. Bingham Township Land Use Plan Update (Area outside of University Lake/New Hope Creek Basins) 3. Oranue County Zoning Atlas 11+5 a. Town of Chapel Hill Zoning Plan - Transition Area in Chapel Hill Joint Development Review Area III 161 b. Town of Carrboro Zoning Plan - Transition Area in Carrboro Joint Development Review Area 177 4. Oranue County Zoninu Ordinance a. Article 4. 1. 1 - Town of Chapel Hill Land Development Standards b. Article 4. 1.2 - Town of Carrboro Land Development. Standards C. Article 5. 1. 1 - To of Chapel, Hill Land Development. Standards d. Article 5. 1.2 - Town of Carrboro, Land Development Standards e. Article 20. 3.3 - Applications for Amendments - Joint Plannina Area E. ADJOURNMENT .. • III . , . . : . . . ................ , Newspaper Advert i sement . . - — ._ . ..r; r - - - k., _ -. -- . . --, ... ' . • 110 . . . __._ .... 7 . NOTICE OF PUBLIC FEARING . ON PROPOSED REVISIONS TO THE COMPREHENSIVE PLAN AND ZONING ORDINANCE FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter ,153A, Sections 240, 323 and 343, and Article 20, Sections 20. 5 and 20. 6, and Articles 2. 2. 12 and 2.2. 13 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held at the Carrboro Elementary School on Shelton Street in Carrboro, N.0 on Thursday, June 30, 1988, at 7:30 p..m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY COMPREHENSIVE PLAN The proposed amendment to the Land Use Element of the Orange County Comprehensive Plan is as follows: 1. ' Amend the Land Use Element of the Oranue County 411 . Comprehensive Plan, Section 3. 11-Binuham Township, to address changing land use and population patterns, and in response to a five-year update schedule specified at the time of Plan adoption in 1981. Specific issues to be addressed include the potential for strip commercial development along N. C. Highway 54, the increasing attraction of new rural non-farm -development because of the Township' s accessibility, the protection of water quality in the Cane Creek Watershed, the preservation of agriculture as an important economic activity and the effects of leapfrog development created by the establishment of the Rural Buffer zoning district adjacent to Chapel Hill and Carrboro. ORANGE merry ZONING ATLAS The proposed amendments to the Orange County Zoning Atlas are as follows: 1. Amend the Orange County Zoning Atlas to incorporate a Zoning Map prepared by the Town of Chapel Hill for the . Transition Area located in the Chapel Hill Joint Development Area as identified on the Orange County- Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November. 2, 1987. III2. Amend the Orange County Zoning Atlas to incorporate a - -Zoning Map prepared by-ther'Town of Carrboro for Transition Areas I and II located in the Carrboro Joint . . , ,-.... . . - 1111M111 4 L • 002 • _ . • • Development Area as identified on the Orange. County- 411 Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE by adding a new Article 4. 1. 1 - Town of Chapel Hill Land Development Standards to incorporate by reference regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance. The regulations would be applicable in the Transition Area of the Chapel Hill Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 2. Amend ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE by adding a new Article 4. 1.2 - Town of Carrboro Land Use Standards to incorporate by reference regulations governing the use of land and structures as contained in 'the Town of Carrboro Land Use Ordinance. The regulations would be applicable in Transition Areas I and II of the Carrboro Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 3. Amend ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS by adding a new Article 5. 1. 1 - Town of Chapel Hill Land Development Standards to incorporate by reference regulations governing dimensional requirements as contained in the Town of Chapel Hill Land Development Ordinance. The regulations would be applicable in the Transition Area of the Chapel Hill Joint Development Area as identified on the Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan and, in the Joint Planning Agreement adopted November 2, 1987. 4. Amend ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS by adding a new Article 5. 1.2 - Town of Carrboro Land Use Standards to incorporate by reference regulations governing dimensional requirements as contained in the Town of Carrboro Land Use Ordinance. The regulations would be applicable in Transition Areas I and II of the Carrboro Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro 111 4111 Joint Planning Land Use Plan and in the Joint Planning Agreement-adopted NoVeMbe-F-2;--1987. • 1 2 • r 00 3. 5. Amend ARTICLE 20. AMENDMENTS by adding a new Article 20. 3. 3 - Applications for Amendments-Joint Planning Area which require that amendment procedures for both the Orange County Zoning Ordinance and Zoning Atlas be as specified in the Joint Planning Agreement adopted November 2, 1987, and that any amendments adopted by Orange County be incorporated by reference into its Zoning Ordinance and Zoning Atlas. The proposed amendment further provides that where there is inconsistency between the Zoning Ordinance and the Joint Planning Agreement, the provisions of the Joint Planning Agreement shall apply. Upon adoption of the Zoning Ordinance and Zoning Atlas amendments described above, the Towns of Chapel Hill and Carrboro will administer their land development standards within their respective Transition Areas. 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, evidence presented at the public hearing will be examined by the Planning Board and 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, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located in the Orange County Agricultural & Environmental 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) . Please ask for Extension 350 or 359. You will be directed to a staff member who will answer your questions. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a.m. to 5:00 p. m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a. m. to 5;00 p.m. , Monday through Friday. You may also call 968-7714. Marvin Collins, Planning Director --PUBLISH: June-15, 1988 - June 22, 1988 _ _ •0i 005 •- _ . 411 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO TIE ORANGE COUNTY-CHAPEL HILL-CAR RBORO JOINT PLANNING LAND USE PLAN Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Sections 240, 323 and 343, Articles 2.2. 12 and 2. 2. 13 of the Orange County Zoning Ordinance, and Article 2, Section 2. 4, of a Joint Planning Agreement between Orange County and the Town of Chapel Hill, adopted in October, 1984, notice is hereby given that a public hearing will be held at the Carrboro Elementary School on Shelton Street in Carrboro, N.C. on Thursday, June 30, 1988, at 7:30 p. m. for the purpose of giving all interested citizens an opportunity to speak for or against proposed revisions to the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan. The proposed amendments to the Joint Planning Land Use Plan are as follows: 410 1. Amend the Joint Planning Land Use Plan map and text to address changing land use and population patterns in Bingham Township, and in response to a five-year update schedule specified at the time of adoption of the Orange County Land Use Plan in 1981. Specific issues to be addressed include the potential for strip commercial development along N.C. Highway 54, the increasing attraction of new rural non-farm development because of the Township' s accessibility, the protection of water quality in the University Lake Watershed, the preservation of agriculture as an important economic activity and the effects of leapfrog development created by the establishment of the Rural Buffer zoning district adjacent to Chapel Hill and Carrboro. 2. Amend the Joint Planning Land Use Plan map and text to show the location of and describe the Rural Buffer and Transition Areas for the Chapel Hill and Carrboro Joint Development Review Areas as provided in the Joint Planning Agreement adopted November 2, 1987. 3. Amend the Joint Planning Land Use Plan map and text to move the northern boundary of the Transition Areas to a set distance of 670 feet from the property line of Duke Forest. The current boundary of the Transition Area 411 follows property lines one lot depth removed from Duke Forest and varies from 210 feet to 2,520 feet distance 7---- from the-Duke Forest-bbrdffr.-The proposed amendment is based in part on a request by Mr. E. K. Powe, --"I'mwmaffillailillimilliiiiiiiallMMIIIM r • , 006 representing- property owners in the area. 4. Amend the Joint Planning Land Use Plan map and text to adjust the Transition Area I boundary in the Carrboro Joint Development Review Area to follow the western right-of-way line of Old N.C. Highway 86 and the southern right-of-way line of Dairyland Road. The proposed amendment has been requested by Mr. Randy Danziger, a Calvander resident. 5. Amend the Joint Planning Land Use Plan map and text to change the land use designation on Horace Williams Airport and adjacent UNC properties from "Public-Private Open Space" to "Future UNC Development. " The proposed amendment is based on a request by the University of North Carolina and would provide consistency with municipal land use plans. 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, evidence presented at the public hearing will be examined by the Planning Board and Board of Commissioners for decision. Changes may be made in the advertised proposals which 410 reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located • in the Orange County Agricultural & Environmental 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) . Please ask for Extension 350 or 359. You will be directed to a staff member who will answer your questions. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a.m. to 5:00 p. m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a. m. to 5:00 p. m. , Monday through Friday. You may also call 968-7714. Marvin Collins, Planning Director PUBLISH: -june-15, 1988 - ---- --- June 22, 1988 - 0 0 7 - • - : _ • . CERTIFICATE OF MAILING COMPREHENSIVE PLAN/ZONING ORDINANCE AND ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA • I, Marvin Collins, Zoning Officer, Orange County,. North Carolina, DO HEREBY CERTIFY that on or about June 10, 1988, I mailed, by first class mail, a Notice of Public Hearing (copy attached) to be held on proposed revisions to the Orange County Comprehensive Plan. the Joint Planning Area Land. Use Plan, and the Orange County Zoning Ordinance and Atlas. The notice was mailed to each property owner as required by Article 20, Section 20.6. 3, and Article 2, Section 2.2. 14. 3, of the Orange County Zoning Ordinance, and specified the date, time, place, and subject of the public hearing. WITNESS my hand, this 20th day of June, 1988. 410 Marvin Collins Zoning Officer 411 Notification Sent To Property Owners ,,ed ('09 . . _ - , •.•n,....11. 10.•No+...P.P. .......11111 .• . ..- . .. w .. ._ • '' Z:!2;" .`• . , ' 411 ,.._ . .-= Dear Property Owner:- A public hearing will be held on Thursday, June 30, 1988 at 7:30 p.m. at the Carrboro Elementary School on Shelton Street in Carrboro, N.C. The public hearing is being conducted in place of that previously scheduled for April 13, 1988. The previous hearing was postponed due to insufficient notice being provided to property owners. The items to be considered at the public hearing are listed below. Specific proposals may affect your property directly or you are simply being notified as a matter of courtesy because of the importance of the items in relation to the implementation of a Joint Planning Agreement between Orange County, and the Towns of Chapel Hill and Carrboro. JUNI mamma ma LONR USE PLAN ANA IgNI The proposed amendments to the Joint Planning Area Land Use Plan and Text are as follows; , , 1. A proposal to amend the Land Use Plan for the eastern portion of Bingham Township (Area within University Lake/New Hope Creek Basins) . 411" 2. A proposal to show the location of and describe the Rural Buffer (a very low-density residential area predominantly rural in character) and the Transition Areas (projected growth areas changing from rural to urban character) for the Chapel Hill and Carrboro Joint Development Review Areas as provided in the Joint Planning Agreement adopted November 2, 1987. 3. A proposal to move the northern boundary of the Transition Areas to a set distance of 670 feet from the property line of Duke Forest. The current boundary of the Transition Area follows property lines one lot depth removed from Duke Forest and varies from 210 feet to 2,520 feet distance from the Duke Forest border. 4. A proposal to adjust the Transition Area I boundary in the Carrboro Joint Development Review Area to follow the western right-of-way line of Old N. C. Highway 86 and the southern right-of-way line of Dairyland Road. 5. A proposal to change the land use designation on Horace Williams Airport and adjacent UNC properties from "Public-Private Open Space" to "Future UNC Development. " A proposal to extend the Joint Planning Area boundary 011 and Rural Buffer land use designation to incorporate StoneYcreek Subdivision will not be considered. ---- 0•■•■••••• 010 411 ORANGE COUNTY ZONING ATLAS The proposed amendments to the Orange County Zoning Atlas would incorporate Zoning Maps prepared by the Towns of Chapel Hill and Carrboro for the Transition Areas located in their respective Joint Development Review Areas as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Orange County Zoning Ordinance would incorporate, by reference, regulations governing the use of land and structures, and dimensional requirements as contained in the Town of Chapel Hill Land Development Ordinance and the Town of Carrboro Land Use Ordinance. The regulations would be applicable in the Transition Areas of their respective Joint Development Review Areas as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. Another amendment would specify procedures for incorporating changes to the Chapel Hill and Carrboro Zoning Maps and Land Development/Use Ordinances into the Orange County Zoning Ordinance. Questions regarding the proposals may be directed to the Orange County Planning Department, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located in the Orange County Agricultural & Environmental 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). Please ask for Extension 350 or 359. You will be directed to a staff member who will answer your questions. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a. m. to 5:00 p.m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a.m. to 5:00 p.m. , Monday through Friday. You may also call 968-7714. Marvin Collins Planning Director • t• tot *IA` s� ��O.Ow ai•ODI Ir !BUFFER r{�-.!r r` �4...... . yy, H `''�. ` ` ARTHUR MINttIS RD. �'^' ?;" �. r''''''';.f.OHEST,;µ. �.•, ti v .... ",�;� i, : • - - TM Office 9/28/87 Summary of Proposed Joint Planning Agreement Dated September 8, 1987; as Revised September 22, 1987 1. Chapel Hill Transition Area and Rural Buffer n The Transition Area for Chapel the Hill Rural Buffer in Orange County are the same as in present Agreement ignez list two acres. Within County has already minimmumm lot t al adopted zoning to this effect.) 2. Carrboro Transition Area The revised Transition Area for Carrboro includes addition of the upper Bolin Creek drainage basin (generally south of Duke Forest property, east of Union Grove Church Road and west of Rogers Road) . The Carrboro Transition Area will be in two categories: Transition p Carrboro under the crent joint planning agreement) and Transition Area II (the proposed additional area) . Transition Area II must initially be kept at low density; it can be developed at density up .to one unit per acre. When 75% of Transition Area I (existing)II g(new) dmaX level defined in the agreement, higher densities than one unit per acre. 3. Joint Plannin• Area Land Use Plan and Ma• This map will become an land use plan P all parties to the agreement. 4. Zonin• Ma•s and Re•ulations for Transition Areas Each Town will prepare an initial zoning map for its Transi- tion Area. The County shall adopt these maps and adopt by reference each Town's zoning regulations for the respective Transition Areas. I-.e. , Chapel Hill zoning and regulations would apply in the Chapel Hill Transition Area. However, after zoning is initially established, if the County objects to a Development Ordinance text amendment, the text amendment would not apply in the Transition Area unless the County agrees. The County could object to a text amendment only on the basis of inconsistency with the Joint Planning Area Land Use • Rezonings in the Transition Areas occur only if ap- proved by_ the County and- the_reams pe dive To 014 - 2 _•_ 5. Application Review for Developments Proposed to be in S Transition Arel,s Each Town would decide on these applications for projects in its respective area. Joint hearings with the County Commis- sioners would no longer be needed, but the County would have the right to comment on applications. 6. Representation of Transition Area Residents Each Town must allow appointment of at least one Transition Area resident to the municipal Planning and Adjustment boards. The County Commissioners would make these appoint- ments as they do now for extraterritorial planning area representatives. The Towns would decide the number of Transition Area seat(s) . 7. Rural Buffer Regulations and Development Application Review The County's regulations and procedures would apply and the County would decide on applications. The Towns would have the right to comment on all development applications, rezoning, and proposed text amendments applicable on their respective sides of the Rural Buffer. In an area just west of 1-40 in the Rural Buffer, both Towns • would have the right to comment on these matters. As noted above, the Rural Buffer is defined in part as having a minimum lot size of 2 acres. 8. Universit Lake Watershed Areas Outside of Munici.al Limits Pending OWASA's watershed study, no party to the agreement could annex in the watershed, or approve or encourage water or sewer extensions into the watershed. (These provisions are in an appendix to the agreement.) 9. Annexations Neither Town would annex into the Rural Buffer or into the other Town's Transition Area. (Provisions in appendix to agreement. ) 10. ' Effective Dates of Various Provisions The annexation and watershed provisions in the appendix to the agreement (please see $ & 9 above) would be effective upon signing of the agreement. Other provisions would go into effect when the County and Towns approve the agreement, and the County and Towns have adopted zoning for the Transi- tion Areas, and amended the Joint Planning Area Land Use Plan and Map to reflect Transition Area's I and II provisions for Carrboro. EMMEMMEmmilmmmimmomm. • , • September 22 , 1987 410 _ _JOINT PLANNING AGREEMENT THIS AGREEMENT , made and entered into this 2nd day of .November , 1987 , by and between the COUNTY OF ORANGE , a political subdivision of the State of North Carolina, THE TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: Ill ARTICLE I. PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County- Chapel Hill-Carrboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan. The Orange County- . Chapel Hill-Carrboro Joint Planning Land Use Plan dated April 1986 , adopted by Orange County August 19, 1986 II! • _ _ _ 016 -z-ilee-vised. October 13 , 1986 ) , amended May 4 , 1987 and as it may be amended from time to time . 411 C. Joint Planning Area Land Use Map. The Orange County- Chapel Hill-Carrboro Joint Planning Area Land Use Map, adopted August 19 , 1986 (revised October 13 , 1986 ) and as it may be amended from time to time . D. Carrboro Joint Development Review Area (CJDA) . The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the 411 Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area (CHJDA) . The area lying generally east of a division of the Joint • Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the 2 410 - - --. .4:0010A boundary. Exhibit A is an accurate copy of the 411 Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by 1-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential, Agricultural, Public/Private Open Space , Resource Conservation, Extractive/Disposal 411 Use and the overlay district designated Water Quality Critical Area. This area is further defined as being a. low-density area consisting of single-family homes situated on large lots having a minimum size of two (2 ) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area , is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services) . H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map 411 3 - - • NiamisMIN 018 -such . • This area is further defined as being in — transition from rural to urban or already urban in 4110 density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the . CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II , no tract may, after the effective date of this Agreement , be approved for development at a. density that exceeds one ( 1) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any 410 combination of I. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre;, 3 . streets, roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial , industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. 411 4 • . 0 1 I; 7.4!1)Elopment Permit. Major subdivision preliminary plat 410 ire approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners, the Chapel Hill Town Council , or the Carrboro Board of Aldermen. J. Involuntary Annexation . Annexation authorized or undertaken pursuant to G.S. 160A-31, Article 4A, Part 3 . K. Voluntary Annexation . Annexation authorized or undertaken pursuant to G.S. Chapter 160A-31 or G.S. Chapter 160A, Article 4A, Part 4 . Section 1.3 Effective Date and Duration 410 A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance ( 1) adopting this Agreement (after it has been approved by Chapel Hill and Carrboro ) ; (2 ) amending Orange County' s Zoning Ordinance ( including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3 ) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and (4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and 411 5 • • 020 • upon this date . The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty (30 ) days of the public hearing. The withdrawal shall be effective one ( 1) year following receipt by the other party of the 411 written notice . Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning Maps, appointment of Transition Area representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments) required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will 6 - - • ." 0 -;Z:11-5t4-fY the .Towns by resolution when this Agreement be- 410 comes effective . This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement. ARTICLE 2. ADOPTION , ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2 .1 Standards Within the Transition Area A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies within the CHJDA and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection C of this Section , shall become part of the Orange County Zoning Ordinance . The Zoning Map shall be 410 prepared using zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CHJDA. B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies within the CJDA and shall recommend its adoption by Orange County, which upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond with the 7 • . . 022 designations and plan classifications as • prescribed in the adopted Joint Planning Area Land Use 410 Plan and the adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall have density limited pursuant to Section 1.2H. C. Upon completion of the Zoning Maps referred to in Section 2 .1A and B above , Orange County shall amend its Zoning Atlas in accordance with said Maps . Orange County shall also adopt by reference (i ) the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA, and ( ii ) the Carrboro Land Use Ordinance and makes its provisions applicable to that portion of the Transition area located within the 411 CJDA. Section 2 .2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2.6 of this Agreement. Section 2.3 Permit Administration Within the Transition Area A. Except as otherwise provided in Sections 2.5 and 2 .6 , the Town of Chapel Hill and the Town of Carrboro, respectively, shall perform all functions related to the administration of the ordinances referenced in 8 411 _ _ P • . • ---"febtion , 2 . 1C . Subject to the remainder of this - -III J 4.04 Section, Chapel Hill and Carrboro shall administer ttf:) ' referenced ordinances just as if the land were located within the respective Towns ' planning jurisdictions . Administration shall include , but not be limited to, the following : 1 . Receipt and processing of applications ; 2 . Issuance of any required permits and certifications; 3 . Review and approval of required site/construction plans; 4 . Conducting necessary site/building inspections; 5 . Enforcement of all standards; 6 . Any other acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the respective towns . The towns may also charge fees for processing applications , conducting site/construction plan reviews , and carrying out site/building inspections in accordance with fee schedules applicable within their respective planning jurisdictions. B. Whenever Chapel Hill or Carrboro receives an application for a development permit as defined in this 9 _ . 024 -- -Ztilreement relating to land within their respective - portions of the Transition area , it shall forward 410 copies of the application to Orange County for review. The towns shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County ' s regularly scheduled meeting dates . To the extent possible , the timetables of the County and the towns shall provide for simultaneous review to expedite application processing; provided, however , the towns may not vote to issue or deny a permit until they have received the recommendations of Orange County or until the expiration of forty-five ( 45 ) days after Orange County has received the 0 application, whichever comes first. Section 2 .4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2 .6 and the remaining provisions of this Section , Orange County shall perform all functions rebated to the administration of the ordinances referenced in Section 2 . 2 in the same manner as if the land were located outside the Joint Planning Area. B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the -application to Chapel 10 • ._ • •.- 0 -1 for review. Similarly, whenever Orange County .... • receives an application for a development permit relating to land located within the CJDA Rural Buffer or the Joint Courtesy Review Area , it shall forward copies of the application to Carrboro for review. The County shall establish timetables to insure that the towns have an opportunity to make recommendations regarding such applications within the framework of their respective regularly scheduled meeting dates . To the extent possible , the timetables of the respective towns and the County shall provide for simultaneous review to expedite application processing; provided, however , Orange County may not vote to issue or deny a 111 permit until it has received the recommendations of the respective Towns or until the expiration of forty-five (45 ) days after the respective towns have received the application , whichever occurs first . Section 2 .5 Enforcement Remedies. 1 A. Permit revocation , if necessary and authorized by ordinance , shall be handled by the same individual or board authorized to issue the original permit. B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2 . 1C are administered by the respective towns , enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by 11 _ . __ • • 026 T -J--:..tdw-.respective towns . The towns shall have the duty to - —..- defend at their own expense and shall indemnify and 410 - hold harmless , to the extent they can legally do so, Orange County, its Board of Commissioners , its advisory boards , its staff and all members of , its boards and staffs, in their official and individual capacities , from any and all claims , actions , proceedings , expenses , damages or liabilities, including attorneys ' fees and courts costs , resulting from the towns ' administration of the ordinances specified in Sections 2 . 1(C) . C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2 .6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning Area Land Use Map may be ' initiated by ( i ) Orange County or ( ii ) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment may become effective until after it has been adopted by Orange County, Chapel. Hill and 'Carrboro following a joint public hearing by all three governing • bodies. 110 12 - • -- • • 27 • ----;EIft.-ept as provided herein , proposed amendments to the . text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications ( i .e . , zoning map changes ) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances . All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation , and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation . Orange County may not adopt such proposed amendments until the 110 respective Towns have made their recommendations , or until the expiration of thirty (30 ) days following such • referral , whichever occurs first. - C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance , and whenever Carrboro proposes to amend the text of its Land Use Ordinance , the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30 ) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate , this thirty (30 ) day period may be reduced to not less than ten ( 10) days . Unless Orange County 13 • 028 jies with the respective towns a written objection on or before the date of the public hearing on the 411 proposed ordinance amendment , then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2. 1C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town 411 may continue to enforce within its portion of the Transition area the same standards that it enforces within its own planning jurisdiction . In the event of • objection by Orange County as provided herein, no such amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition areas ( i .e . , those ordinances adopted by reference pursuant to Section 2 .1C) . Amendments to the ordinances referenced in Section 2.1C by Orange County may be accomplished only pursuant to subsection C above 14 410 _ _ - 0 , --(Including adoption by Orange County following a 2 411 request to do so by the applicable town ) . Any petitions or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns. E. With respect to property that is located within the CHJDA Transition area , changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies . With respect to property that is located within the CJDA Transition area , changes in zoning classifications may not be made unless and until an 411 ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies . Requests for rezonings within the Transition, areas that are filed with the County shall be referred to the respective towns to initiate the amendment process . F. Proposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. Section 2.7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and 410 15 030 CarriD-...shall revise its Land Use Ordinance to provide that at least one resident of each town ' s respective Transition 411 area shall be appointed to each town' s respective ,planning board and board of adjustment , in the same manner as representation of extraterritorial planning area residents is provided for in each Town ' s ordinance . ARTICLE 3 . LIMITATIONS ON ANNEXATIONS Section 3 . 1 No Annexation Into Rural Buffer Except pursuant to the written consent of all parties to this Agreement , neither Chapel Hill nor Carrboro may annex into the Rural Buffer ( whether by voluntary or involuntary annexation or any other method authorized by law) nor shall any party seek special legislation accomplishing such annexation. 411 Section 3 .2 No Annexation by One Town Into Another Town' s Transition Area Except pursuant to the written consent of the other town, neither Chapel Bill nor Carrboro may annex into the other' s Transition area ( whether voluntary or involuntary annexation) or any other method authorized by law, nor shall either Town seek special legislation accomplishing such annexation. 410 16 - - - • • • i - • - - - - _ - 031 THIS AGRiatfasIT entered into this 2nd day of November t - • 198 7 . - - , /7/' /14/.../4C--e-l---- ...," Chair, 0 • .e County Board of Commissioners Attest: dill' Clerk to to, Board ot Co issioners • r-- t / A - ---4...,..... e III t4--) ...„. .- , , M Yor, Town of Chapel Hill Attes , E , —.4.....- - - . Town olerk , .. — - Mayo , Town of Carrboro ir • Attest: jV . 411 C.15et-4 ) e. (..,c).4...a.4.47.44.44p .) Town Clerk 0 17 - _ . • - APPENDIX TO Wit • ' JOINT PLANNING- AGREEMENT 411 AMONG ORANGE COUNTY, CHAPEL HILL AND CARRBORO WHEREAS, Orange County , Chapel Hill and Carrboro have executed a Joint Planning Agreement which agreement is that to which this Appendix pertains; and WHEREAS, a Joint Planning/Watershed Work Group, including representatives of the Towns of Carrboro and Chapel Hill and Orange County , developed an "Outline of Agreement in Principle" containing thirteen ( 13 ) statements of principle ; and WHEREAS, the governing boards of Carrboro, Chapel Hill and Orange County have , by resolution, each approved in concept the " Outline of Agreement in Principle; " and WHEREAS, the Joint Planning Agreement to which this Appendix pertains implements those matters in the "Outline of Agreement in Principle" upon which there is agreement among Carrboro, Chapel Hill and Orange County except as provided in this Appendix; and WHEREAS, Carrboro, Chapel Hill and Orange County wish to fully implement those matters in the "Outline of Agreement in Principle" upon which there is agreement. 411 034 Cwriztitlft, Chapel Hill and Orange County hereby mutually • agree as follows : _ 411 1 . They have requested OWASA to commission a University Lake Watershed carrying capacity study. They will request OWASA to commission a carrying capacity study for the Cane Creek Watershed . The University Lake Watershed study shall be com- pleted as soon as reasonably possible . 2 . For the period of time ending ninety ( 90 ) days following the completion of the University Lake carrying capacity study the following restrictions on Carrboro, Chapel Hill and Orange County shall apply: a. Except pursuant to the written consent of all three parties, neither municipality may annex into the University Lake Watershed ( whether by involuntary or voluntary annexation or any other method authorized by law) nor shall 111 either town seek special legislation accomplishing such annexation. b. Except pursuant to the written consent of all three parties , no party shall seek or approve ' or encourage extension of water and sewer lines into the University Lake Watershed. 3 . The University Lake Watershed is, for the purpose of this Appendix, defined in the Joint Planning Area Land Use Plan and located outside of the corporate limits of Carrboro as those limits exist on the date this Appendix is executed. 2 411 - - F 3 4 : -,etr',-is the -intent of Carrboro, Chapel Hill •and Orange County to jointlydiscuss watershed planning and protection procedures , standards and/or regulations which may be incorporated into ordinances and into the Joint Planning Agreement . This Appendix entered into this 2nd day of November 1987 . .Chair, - ge County Board of Commissi•ners Attest: IL-ar Clerk to re •oard of •mmissioners 4IM Town of Chapel Hill Atteet: _ To7,C17ck vit / Mayo Town of Ca rboro Attest: (— 5LAJL) CaLaceodA4t-.7k-d Town Clerk 411 3 EXHIBIT A , •4'4,� �QJ ',� _0rr r • 4tiA�NI.r�a��..AREA i i �►.;_,�.wm---+'' ,k, JOIN= t..iw, � f * . BUFFER a • ;.vI,,,kr:y 0 a'ra:1 r� Y .r WNW M)MN)$ RD. �° •` 5��V y w?.r i.'• •.••ptlK E•..� to Meg INC �% tebYKE :��::•:�;�::� �t1TF1E r+ #� rIII a. _ * %..§:"*. ::lit- ;Vi...:**:;%•-*e..'::. :.:MT..-'. - e_..,„,, . 1.r.C.„,:--:.••••.:***". '' ...:::,::•:;01 ‘.4e0-4. 17, 6'0* lor . r ...-..e‹;if::*:$:,,'"'..:::: ::::.*"-61.;.;.?:.:1/-.:.....,,,,,N,..._ '.:.:pi .0,--4:0:444•",. rywG�y:%.::ii';! l; .:.<;ir;3:i.Y. •u ^' , . ' '• . •ti+ . � 4 : P r4 % "'. F �� A••• .. �`�`._f" . v y'iv. r-1 d . '{•.. ' !i — c ..- 2'ia-�.;:� i;�> r�e�ti/ wowtsrgAD r 4,• + '�<,,,:•:tc:iw > 4., .Y. P�' / :.,z:1!.....:-....-...-, Y : :' '•{ . : o- � � ... ;fir. -;#r : �:... p i� yo• l Cal van der � ><.:,V: ; • ' �. }.'i : . 4 r � � i,_ fi - fqs o • R•ha '° P _ :y r<. '.°aK$ i.x i r,s;Tt;:::•,' , • . IIPP 1.... 47:1-111111L11111111111111%%.„..... 41-...111httirglilit ''' '''1'.--- `,..„..':: ': ::. :::-,. ..'...;.,'..ii '''...;:',`ie•.:::1%/r 'it LA .( rte'" :_ � ititalik'41' tikgifilliirlki,...f.:-..40.•:-..%: :1:: .P.••••:.•..4fr:orre."- d i d. '' 17:10.,,,„,.00, 4400k Mt NIN csATFIAM • L 77-ei Carrboro Transition Area•1 University Lake Watershed oz_j Carrooro Transition Area 2 in Orange County / University Lake Watershed Chapel Hill Transition Area in Carrboro E.T.J. Chapel l Hill Carrooro Corporate Carrboro/Chapel Hill Joint p, ,�>_> Planning boundary ."' Limits ' Extraterritorial Jurisdiction ���N Joint Courtesy Review Area • _- (Existing). CHJDA Chapel Hill Joint Development Review Area CJDA Carrboro u " " II _ - 7 - • 411 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 30, 1988 Action Agenda Item * "L" Q. SUBJECT: JOINT PLANNING AREA LAND USE PLAN - DESCRIPTION OF TRANSITION AREAS I-II AND RURAL BUFFER DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Proposed Joint Planning Area Land Use Plan Text/Map Amendments Board of Commissioners TELEPHONE NUMBERS: 5/4/87 Minutes Hillsborough - 732-8181 Carrboro Board of Aldermen Durham - 688-7331 3/3/88 Resolution Mebane - 227-2031 Chapel Hill Planning Board Chapel Hill - 967-9251/968-4501 3/1/88 Minutes PURPOSE: To consider a proposed amendment to the Joint Planning Area Land Use Plan which describes Transition Areas I and II, and the Rural Buffer. BACKGROUND: On May 4, 1987, the Board of Commissioners approved the extension of the Transition Area into the full extent of Bolin Creek basin north of Carrboro except in Duke Forest and for those properties abutting Duke Forest. The Board also established two designations of Transition Area - Transition I and II - in the Carrboro Joint Development Review Area and directed that boundary designations for-Transition Area and Rural Buffer borders be described in the Joint Planning Area Land Use Plan text and delineated on the Land Use Plan map. Subsequently, when the Joint Planning Agreement was adopted on November 2, 1987, the document contained descriptions of Transition Area and Rural Buffer boundaries. Transition Areas were defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other Town services) were currently provided or were projected to be provided to Transition Areas. The portion of the Transition Area located north of - - Carrboro was divided-into Transition Area I and Transition Area II. Within Transition Area II, no tract MMIImmomommw _ 1 , 1 . . 1 -4 , O3 3 b , _ . . . could be -approved for development at a density that 411 exceeded one (1) housing unit per gross acre until at least seventy-five percent (75%) of the gross land area of Transition Area I consisted of any combination of the following: 1. Lots containing one (1) acre or less; . . 2. Residential developments approved for development at a density of at least one (1) unit per acre; _ 3. Streets, roads, and utility easements located outside of lots containing one (1) acre or less; 4. Lots or tracts that are used for commercial, industrial, institutional, or governmental • purposes; and 5. Tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development. The Rural Buffer was defined in the Joint Planning Agreement as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer was 111 further defined as land which, although adjacent to an Urban or Transition Area, was rural in character and which would remain rural, contain low-density residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer consisted of the following Joint Planning Area Land Use Plan categories: Rural Residential; Agricultural ; Public/Private Open Space; Resource Conservation; Extractive/Disposal Use; and the overlay district designated Water Quality Critical Area. Amendments have been prepared which describe the Transition Areas and Rural Buffer in the Joint Planning Area Land Use Plan text and delineate them on the Land Use Plan map. The amendments have been based on the definitions contained in the Joint Planning Agreement to provide consistency between the two documents. At its March 1, 1988 meeting, the Chapel Hill Planning Board voted to recommend approval of the proposed change. At its March 3, 1988 meeting, the Carrboro Board of Aldermen approved a resolution which requested that the Board of Commissioners amend the Joint Planning Area Land Use Plan Map to show the location of and to IIM _ - provide a descript-ton- of- Transition Areas I and II for the Carrboro Joint Development Review Area. A.. ri RECOMMENDATION: The Orange County Planning Staff recommends approval of the proposed amendments to the Joint Planning Area Land Use Plan text and map which describe the Transition Areas and Rural Buffer. Following conclusion of the public hearing, the matter should be referred to the governing boards of the Towns of Chapel Hill and Carrboro for decision, and the Orange County Planning Board for a recommendation. A proposed schedule for consideration is as follows: Chapel Hill Town Council July 11 Carrboro Board of Aldermen July 12 Orange County Planning Board July 18 Board of County Commissioners August 16 410 410 „_ _ _ A, • 04 411 , (Prpposed changes are underlined. ) SECTION I INTRODUCTION Chapel Hill and Orange County entered into a Joint Planning Agreement in 1984 which called for the preparation of a Land Use Plan for the areas immediately surrounding Chapel Hill and Carrboro but outside the extraterritorial planning jurisdictions of the two towns. At the same time, Chapel Hill was also in the process of revising its Land Use Plan. The two efforts were pursued simultaneously as a Land Use Plan for Chapel Hill and the Joint Planning Area. The work was undertaken by the staffs and Planning Boards of Chapel Hill and Orange County. Background data was collected and analyzed as the starting point for preparation of the Plan. Hundreds of pages of text and tables along with dozens of maps were assembled. Though not a party to the Joint Planning Agreement, Carrboro was also updating its Land Use Plan. It also participated in the preparation of the Land Use 411 Plan. In an effort to promote public review of this information and stimulate public discussion about the issues, a public information meeting was held on November 13, 1985. The results of the meeting coupled with the background data and public hearings in January and April of 1986 were merged to produce the Joint Planning Area Land Use Plan. The Plan was recommended by the Chapel Hill Town Council on July 14, 1986, partially adopted by the Orange County Board of Commissioners on August 19, 1986, and adopted in its entirety . by both the Town Council and Board of Commissioners, on October 13, 1986. In addition to the preparation of a Joint Planning Area Land Use Plan. the 1984 Joint Planning Agreement established procedures, for the approval of land development projects in designated Transition Areas. Projects were presented at joint public hearings involving the Chaoel Hill. Town Council and the Orange County Board of Commissioners. and required the approval of both governing boards to proceed to the construction phase. The procedure proved._ however. to be administratively awkward, and, on February a._ 1987‘ a revised Agreement was adopted by Chapel Hill and Orange, County., While streamlining 27:44-le cumbersome-review/approval-precedures inherent in the original Joint Planning Agreement. the revised version was 042 • never implemented. The Town of Carrboro entered into 411 discussions with Charm/. Hill and Orange County, and on November 1987. a new Joint Planning Agreement was adopted involving all three jurisdictions. The new Agreement did not take effect, however until the following steps were taken: 1. Amending the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA) . and the Chapel Hill Land Development Ordinance. making its provisions applicable to that portion of the Transition Area located within the CHJDA; and b. A Zoning Map prepared by Carrboro for that portion of the Transition Area that lies in the Carrboro Joint Development Area (CJDA) , and the Carrboro Land Use Ordinance, making its provisions applicable to that portion of the Transition Area located within the CJDA; and 2. Amending the Joint Planning Land Use Plan text and II! map to reflect the existence and show the location of Transition Area I and II designations- . On April 13, 1988. public hearings were held to receive citizen comment on the proposed Chapel Hill and Carrboro Zoning Plans and the incorporation. by reference, of the [_and Development Ordinances of the two municipalities into the Orange County Zoning Ordinance. Hearings were also conducted on the designation of Transition Areas I and IX. as well as other map and text amendments, in the Joint Planning Area Land Use Plan. On 1988. the Board of Commissioners adopted the amendments to the Joint Planning Area Land. Use Plan, and Orange County Zoning Ordinance and Atlas. The Amendments to the Joint Planning Area Land Use Plan were adopted hy the Chapel Hill Town Council and the Carrboro Board of Aldermen on ' • 1988 and . 1988. respectively. Concurrent with the Board of Commissioners action, the Joint Planning Agreement adopted on November g„. 1987 took effect. Major provisions of the Agreement are summarized on the accompanying panes. A complete cony of the Agreement is Provided in Appendix A. 4111 • - - • _ 411 THE JOINT PLANNING PROCESS FOR THE LAND USE PLAN P , In August of 1985, the Planning Board Chairs of Chapel Hill and Orange County met and agreed on an outline for the. Joint Planning process. The outline, as revised in September, 1985, includes the followinu major points: I. Plan Development The four major elements of the Land Use Plan development phase along with the important categories of information included with each are as follows: A. Natural Environment The element addresses the ability of the natural environment to support development with particular attention to environmental constraints. 1. Physiographic characteristics (Land suitability) 2. Water resources • 3. Soil suitability for septic tanks B. Infrastructure and Public Services The element addresses the provision of adequate infrastructures and services to support development. 1. Water and sewer 2. Transportation 3. Other public facilities and services C. Joint Planning Operating Principles The element addresses the question of what the citizens and governing bodies wish land uses to be. The Joint Planning Operating Principles represent a set of guidelines which encompass only the important policy statements necessary for guiding the formulation of the Land Use Plan. There is not a conflict between the goals and objectives for Orange County and Chapel, and there is no attempt to merge the sets of goals and objectives. An initial list of the principles has been compiled, but additions or changes may be made as growth issues and other policy questions -- are discussed-- rammmummm... O44 -- D. Sociological Characteristics 410 The element focuses on selected characteristics of the Joint Planning Area population. It addresses the question of the number of people living and working in the area now along with projections for the next twenty years. The element, also addresses the' existing use of land. 1. Population 2. Employment 3. Existing Land Use II. Plan Formulation The information and policy decisions derived in the Plan development stage are integrated in the Plan formulation stage. A. Land Use Plan Categories/Location Standards A list of Land Use Plan categories has been developed as well as a list of location standards for each of the Plan categories. B. Land Use Plan 41! A Joint Planning Area Land Use Plan (text and map) has been formulated by integrating the four major plan development elements above and Plan categories and locations standards to allocate land uses and required acreages. SUMMARY OF THE JOINT Pumeara ASREEMENT The Joint Planning Area is an area outside the extraterritorial planning jurisdictions of the Towns of Chapel Hill and Carrboro, but with the Joint Planning Area boundary as shown on the, accompanying map. The Joint Planning Agreement adopted on November g, 1987 is a formal agreement between Orange County, Chapel Hill, and Carrboro. A summary of the major provisions of the Agreement is as follows: 1. Provides for the application of Chapel Hill and Carrboro development standards within Transition Areas designated in the Joint Planning Area Land Use Plan, following the adoption of a zoning mart, and district designations based on the Towns'. respective Land Development Ordinances and consistent with the land use categories contained 410 in-the Joint PlanninR,Area Land Use Plan. 045 • 411 2. Permits Towns of Chapel Hill and Carrboro to perform all functions related to the administration of their respective Land Development Ordinances within designated Transition Areas. Such functions may include, but are not limited to, processing applications, issuing permits, approving site/construction plans, and conducting building • inspections. Orange County would have the right to review, and comment on development applications, 3. Provides for Orange County' s continued application and administration of its development standards within designated Rural Buffer areas. Chapel Hill and Carrboro would have the right to review and comment, on development applications. 4. Provides amendment procedures for the Joint Planning Area Land Use Plan text and map, including the required approval of all three governing bodies. 5. Provides amendment procedures for the Towns. development standards applicable within Transition Areas, including referral to and approval orange County. 411 6. Places limitations on the ability of the Towns to annex within the Rural Buffer areas and within each other' s Transition Areas. 7. Provides for representation on the Towns' Planning Boards and Boards of Adjustment by Transition Area residents. 8. Until Orange Water and Sewer Authority completes a study of University Lake Watershed, no party to the agreement can annex in the watershed, or approve or encourage water and sewer extensions into the watershed. The provision is contained in an appendix to the Joint Planning Agreement. A complete COPY of the Joint Planning Agreement is ' provided in Appendix A. 410 • i e , • .•- 'C`f♦ ( �,as in----= 41. JOINT As / ,� 11111111 .* 1. •• :BUFFER �' 1 ARC o `''� , f,,., . ‘, 1 MOINES RD. ee ,,f I�V ' ''4O •'• ZtSCJKL",t. '1•C ::' 'I' t•nOYE1 11,1\\\\\N.-:-:::' vurinf� A ifOMEaT ':i' 0r ' .� �,•� 6tL� V•'1' itiv'''•='••w"sr'.1i_ �` 7/•'*� 4d !(tip`'+• �v1 `+�.��{��j ; Q „...4'.:' :t::::.'•::.',ir ,tc iuv:>.f�t.x - }wy +`„� 'fy. f" 4 /1: "•y: "r., .Z, „}fir':::;>J• :;rS:'yW:w-,x`y!�' ▪!' !>k J/ ill ' -i..,e /� gv�? �`amv ? t � t .. ' 'rte •y- y e ;: +; r+ k` ,`" l , •Fj '.. •... {•,mow: ',Y}f}•$:{',3'' •.'• 1"4 fi ._ •i: - P.:".}.rk<t; "YtYt"n. ,cx•�:5,,. 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Chapel Hill/Carrboro Corporate Planning boundary '^ Limits ' • ? Extraterritorial Jurisdiction\ Joint Courtesy Review Area _ (Existing)- -- CHJDA Chapel Hill Joint Development Review Area CJDA Carrboro 11 " II 11 04 7 - _ 111 (Only those portions of Section V proposed for amendment are included. Proposed changes are underlined. ) SECTION V JOINT PLANNING OPERATING. PRINCIPLES Land Use Classification System One of the fundamental methods used to achieve the stated goals and policies of a land use plan is the design and application of a land classification system. Each category of the classification system is designed to accommodate certain uses throughout the plan area to achieve a desired pattern of development. Land in the Joint Planning Area (JPA) was classified initially into categories according to the public policies expressed in the "Operating Principles", the set of location standards defining the appropriateness of the physical-environmental setting and the projected population change, and resulting land requirements in the County. During the evolution of the Joint Planning Area Land Use Plan, however, changes in the classification 410 system resulted in response to citizen concerns and iurisdictional policy decisions. Orame County Land Use Plan Classification System The Orange County Land Use Plan served as the starting point for a land use classification system for the Joint Planning Area. The Plan adopted in 1981, contains five basic land use categories which were refined into a more detailed classification system to meet the needs of the County. The basic categories and land use plan categories contained in . the Orange County Land Use Plan are show on the accompanying page. A map illustrating the application of the categories in the Joint. Planning Area at the time of Plan adoption in 1981 is also provided. Joint, Plannina Area Land Use Classification' System% Three of the basic categories - Transition, Rural, and Conservation - have been retained in the Joint Planning Area Land Use Plan. The categories and refinements to them during the joint planning process are discussed below. Transition. Transition areas are located adjacent to the urban areas of Chapel Hill and Carrboro. They are in the process of changing from rural to urban uses or are already 410 urban in use; are developed at or suitable for urban-type --4ensities; and- are now provided-or-are projected to be • 048 - • • ORANGE COUNTY LAND USE PLAN CATEGORIES 410 Basic Category Land Use plan Cateuory DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION Ten-Year Transition Twenty-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activity Node COMMUNITY Rural Community Activity Node • RURAL Rural Buffer Rural Residential • Agricultural-Residential Rural Neighborhood Activity Node Rural Industrial Activity Node . CONSERVATION Public Interest District Water Supply Watershed Water Quality Critical Area • JOINT PLANNING AREA LAND USE PLAN CATEGORIES • • Major Land Use Plan Class Subclass Category Resource Protection Public-Private Open Space Suburban Residential Transition Urban Residential TRANSITION Transition I Office-Institutional Transition II Future UNC Development Retail Trade Light Industrial . Disposal Use Water Quality Critical Area Resource Protection RURAL Public-Private Open' Rural Buffer Space CONSERVATION Agricultural Rural Residential 410 Retail Trade Extractive Use ... . ., 049, . _ - . .. . . - . .. _ . .... _.- . . ._, • . . . • 0 - , ) Al.Nr-100 29N\t30 ,-,--A----. , . . , 4 • LLI . .71.7hargrisoriar. ., . -1 0 e ;•::::::;?....;1„,,,&,..,r„..., •.. ..-. :.•-• --1Ptictor U .... . ;:rv.,"-'7-''--::,;.4.---.-:•;;;;;,- . ,.'-r.,',.,,,, , ..,„,,, .„,-;-:,:4 *lc/gig :.;:a:- -:- ., . to 0 0 ri 0 .I. . 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'-ds,-,-)---- . i -........* N... 0 co >- cz- cc cc• ,..IIIIIIIIIm ,... -.... P CC000 -.., - -... --1,11 ......... -,.... - 6-1 <:( Z 3 n-. (U CC EE _,,,,P. • -.1 .••,, ;Vi 'ti",:, .....mo,..- ' • i ......1 -,-:::,,, :?K • ". ‘Air _,k......... iiiiiimpiiiii■■•■■.. ,..,--,"es.r. - I •••• •. '\••. .., I • — •j',' ,,,, - ••* 050 • . • • provided with urban services. Transition Areas are denoted as 411 a subclass or overlay-type of land use classification, providing a link with the basic land use categories of the Orange County Land Use Plan but permitting the development of a more detailed series of underlying land use elan categories. The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area II designations on the Joint Planning Area • Land Use Plan. Transition Area I may, be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area II, however, no tract may be approved for development at a density that exceeds one (1) housing unit, per gross acre until at least seventy-five percent (75%) of the gross land area of Transition Area I consists of any combination of the following; 1. Lots containing one (1) acre or less;, 2. Residential developments approved for development at a density of at least one (1) unit per acre; 3. Streets, roads, and utility easements located outside of lots containing one (1) acre or less; 411 4. Lots or tracts that are used for commercial, industrial , institutional, or governmental purposes; and 5. Tracts that are owned 'Ix the University of North Carolina or other non-profit entities and that are not available for development. The underlying or more detailed land use plan categories include; Resource protection; Public-Private Open Space; Suburban Residential; Urban Residential, Office- Institutional ; Future UNC Development; Retail, Trade; Light, Industrial; and Disposal Use. These Categories are described below. Resource Protection Areas designated within Transition areas of the Joint Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. Public-Private WAD OMER Areas in the Transition Areas „ include UNC lands (excluding Horace Williams Airport and 411 -adjacent tracts) and a tract connecting the two landfill sites. These sites provide one space in the midst of areas • • 051 ' 410 planned for urban expansion. • Suburban Residential Areas are designated for housing densities ranging from one (1) to five (5) dwelling units per acre. Such areas in located where land is changing from rural to urban, suitable for urban densities., and to be provided with public utilities and services. Housing types ran . single-family homes to duplexes to multi-family dwellings.. Urban Residential Areas are similar to Suburban Residential Areas in terms of both housing types and public service availability. However, densities are higher, ranging from six (6) to thirteen (13) dwelling units per acre. Office-Institutional Areas is a cateuoryconsisting of establishments which offer an array of financial, insurance, real estate, legal, medical, and business services. Such areas generally have public utilities and services, available and are located adjacent to heavily traveled streets. Future UNC Development is a category established for lands owned by the University of North Carolina, including Horace Williams Airport and adjacent parcels. Such lands are contemplated for expansion of the UNC campus. provided the Airport is relocated. 410 Retail Trade Areas are limited in Transition Areas, including existing establishments at Starpoint and Calvander. Modest room for expansion is available in both areas. Light Industrial Areas are singular, consisting of the Chapel Hill Industrial Park on Eubanks Road., No additional industrial growth was projected in Transition Areas. Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on Eubanks, Road and the proposed site between Eubanks Road and Homestead Road are included in this category. Rural Buffer and Conservat*on. The basic categories of Rural Buffer and Conservation have been combined in the Joint, • Planning Area Land Use Plan to form a single land use classification Rural Buffer. The Rural Buffer is gefj.ned, as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land whichl_ although adjacent to an Urban or Transition Area. is rural in character and which will remain rural, contain low-density residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer consists of the following Joint _.-.--Paanning Area-Land Use Plan, categories: Rural Residentialt Agricultural; Public-Private peen Space; Resource • ,• 052 • • - _ • _ - Conservation; Extractive Use; and the overlay district designated Water Quality Critical Area. Rural Residential Areas are low-density areas consisting • of singlp7family homes situated on large lots two acres in size or greater. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer. Agricultural Areas include land areas currently in 9se for farming and forestry operations and which qualify for. or are listed for., gag value taxation purposes. Public-Private Open Space, Areas include major 'land areas owned or controlled Py public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope., U. S. Government lands associated with Jordan Lake, and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N. C. Highway 54 Provide open space through research, educational, forest management. and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in Transition Areas; i.e. , floodplains,' wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Maps) which provides the 411 framework within which other land uses are situated. Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the Rura Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro. Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers .which serve the immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer - Blackwood Station on N. C. Highway SS. Water Quality Critical Areas include all lands which drain directly to a reservoir and to trunk streams feeding a reservoir. Only low-density residential uses are permitted at densities not to exceed one dwelling per two acres of land. Only one such area exists in the Rural Buffer, the critical area adjacent to University Lake. • 410 • 05,-4 _ - • • (Proposed changes are underlined. ) _ SECTION VI FUTURE LAND USE - JOINT PLANNING AREA In this section, anticipated patterns of future land development are outlined for the Joint Planning Area, exclusive of Carrboro and Chapel Hill. The future land use patterns described in this section are based, in part, on the population, economic and existing land use trends identified in background studies. Also considered in the formulation of these patterns were environmental features, infrastructure and service .concerns, operating principles, locational standards and concept/strategy maps developed for the Joint Planning Area or currently existing in the Orange County Land Use Plan. Finally, comments received at public hearings, public information meetings, and the recommendations of town and county advisory and governing boards were considered in the formulation of the plan. The discussion ef the Plan centers on two broad categories of land use Transition Areas and the Rural Buffer. Transition Areas Transition areas are located adjacent to the urban areas of Chapel 411 F411 and Carrboro. They are in the process of changing from rural to urban uses or are already urban in use; are developed at or suitable for urban-type densities; and are now provided or are projected to be provided with urban services. The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area II designations on the Joint Planning Area Land Use Plan. Transition Area I may be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area II._ however, no tract may be approved for development at a density that exceeds one 11) housing unit per gross acre until at least seventy-five percent (75%) of the gross land area of Transition Area I has developed. (See Section V for specific details. ) Nine categories of Transition Area have been depicted on the Joint Planning Area Land Use Plan. These categories include Resource Protection, Public-Private Open Space. Suburban Residential, Urban Residentiall_ Office-Institutional, Future UNC Development, Retail Trade, Light Industrial, and Disposal Use. These categories are described below. Resource Protection Areas Resource Protection Areas in Transition Areas have been designated on the Land use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15% or greater). These • ■ T , 054 - 410 areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a neighborhood park one-half mile service radius. The parks are linked together by a system of greenways extending along drainageways, and pedestrian routes (sidewalks) along thoroughfares. Public/Private Open Space Areas Land areas owned or controlled by both public and private interests in the Transition Areas have been designated on the Land Use Plan. These areas include UNC lands (excludinu Horace, Williams Airport, and adjacent tracts) and a tract connecting the two landfill sites. These sites provide open space in the midst of areas planned for urban expansion. A Public/Private Open Space Area has also been designated along Interstate 40 in both Transition and Rural Buffer Areas to recognize the Major Transportation Corridor (MTC) district established to provide a 100-foot buffer along that route. The Plan recommends utilization of portions of the buffer to link proposed park and ureenway areas together. Suburban Residential Areas • Suburban Residential Areas include single-family homes, duplexes, apartments, condominium and townhouse projects. Areas designated as Suburban Residential are located where land is in the process of changing from rural to urban, suitable for urban-type densities and should be provided with public utilities and services. Housing densities in the Suburban Residential category range from one (1) to five (5) units per acre. The majority of land designated for Suburban Residential is situated in the Bolin Creek drainage basin north of Carrboro and Chapel Hill. Gravity sewer lines can be extended from existing lines to the south to service the area without a need for sewage pump stations. The Suburban or medium-density residential areas provide a step-down between higher densities to the south within municipal jurisdictions and lower density Rural Residential areas to the north. Such areas were initially located where stable soils exist, ' slopes range from 7- 1/2 to 15 percent and tree cover present, but were revised to reflect citizen comment at public hearings and neighborhood meetings. 410 • __ 3 j • 410 There are an estimated 2,035 acres of land designated on the Land Use Plan for Suburban Residential purposes. If developed at an average density of two and one-half dwelling units per acre with 1 % of the area subtracted out for streets and roads, the holding capacity of the area would be 4, 325 dwelling units. Using the 1980 Census figure for population per household (2.6), the estimated population in Suburban Residential areas would be 11,e45. With more land designated Suburban Residential through the expansion and creation of Transition Area II, additional population growth will result. Transition Area II contains approximately 1, 175 acres. ' If developed to similar densities as other Suburban Residential areas, it would contain approximately 2, 495 dwellings and 6,487 people. Urban Residential Areas This category includes housing types identical to those found in Suburban Residential areas. However, densities are higher, ranging from six (6) to thirteen (13) units per acre. Land in the Urban Residential category is also located where public utilities and services are projected. 410 There is one area designated for urban residential which lies west of N.C. 86 at its intersection with Homestead Road. The area, which includes the existing Brookstone Apartment, complex, has been situated in proximity to major thoroughfare intersections (collector and arterial streets) to diminish the possibility of large traffic volumes passing through lower density residential neighborhoods. The area has also been used to provide a buffer or step-down between low-density areas and business establishments, and to reduce traffic congestion and travel time for residents. The higher density area was also located according to the natural constraints present on the land. Areas with relatively level slopes (0 to 7-1/2%), stable soils and clear of vegetation were initial location determinants but were revised to reflect citizen comment at hearings and neighborhood meetings. In the latter case, cleared areas were assumed to be more desirable for higher density developments rather than encouraging their location in areas where extensive tree removal would result. There are approximately 62 acres of land designated for Urban Residential purposes on the Plan. Using the same population per household figure (2.6) from the 1980 Census and assuming a minimum density of six dwelling units per acre, the estimated population residing in these areas would be 967. 410 1 056 _ - - _ 411 The combined acreage in all residential categories, including Rural Residential Areas in the Rural Buffer, is 12, 532. Subtracting out 15% of the area for streets and roads results in a net acreage of 10, 662. The total population which would reside in the Joint Planning Area if completely built out, would be23, 743 persons. This is ' equivalent to an average population density of 2.2 persons per acre or slightly less than one dwelling unit per acre. Population projections prepared by the Towns of Chapel Hill and Carrboro, if subtracted from projections for Chapel Hill Township, indicate an estimated population range of 15, 000 to 38, 300 persons residing in the Joint Planning Area. The holding capacity of the three residential categories designated on the Plan would approximate the middle range of the population projections. Office/Institutional Areas Office/Institutional Areas consist of establishments which offer an array of financial, insurance, real estate, legal, medical and business services. These types of uses are to be found primarily in Transition areas where public utilities and services are available. One major office/institutional area has been depicted on the Land Use Plan in conjunction with the Activity Node at N. C. Highway 86 and Interstate 40. Office/Institutional areas were located adjacent to arterial and 411 collector streets to reduce traffic congestion on local streets and travel times for customers and employees. Such areas have also been used to provide a land use buffer or step-down between more intensive retail areas and lower density residential neighborhoods. Flat and moderate slopes, soils with few stability problems and areas generally clear of vegetation were the initial environmental determinants used in locating office/institutional uses. Approximately 130 acres of land have been designated Office/Institutional on the Land Use Plan. The amount is equivalent to providing 5. 2 acres of Office/Institutional land per 1, 000 population, based on the projected holding capacity of residential areas (25, 116). The ratio is slightly less than the current figure (6. 5/1, 000) for the entire Joint Planning Are, including Chapel Hill and Carrboro. Future UNC Development This catesory is established for lands owned, by, the University qf • 410 - - • • V 'Jul North Carolina inCluding Horace Williams Airport and adjacent parcels. . Such lands re:-7comtemplated for expansion of the UNC Campus provided•do the Airport i-t- itoCated. Retail Areas No new retail areas have been designated in the Plan. Any substantial increase in retail acreage is expected to take place in the planning jurisdictions of Chapel Hill and Carrboro. The existing activity nodes of Calvander and Starpoint have been retained in Transition Areas, and there is room for modest expansion of low intensity commercial and service uses. The approximate retail area at Calvander is 13. 8 acres. In its Interim Land Use Plan, the Town of Chapel Hill has recommended small expansion of the Starpoint node. It is the Town' s position ". . . that expansion of the area designated for commercial use will encourage development/redevelopment of Starpoint under current development regulations . . . " and ". . . that these regulations (buffers, signage, etc. ) will help assure attractive development. " Light Industrial Areas The only area on the plan classified as industrial is a 20-acre tract north of Eubanks Road and east of the railroad tracks. The property is known as CHIP (Chapel Hill Industrial Park) and has been zoned Light Industrial since the mid 1970's. It has been retained in the plan as industrial to reflect its zoning history. 411 No new industrial areas have been identified in the plan. This is due, in large part, to numerous comments received at public hearings and public information meetings expressing opposition to industrial uses in the Joint Planning Area. Disoosak Uses This Land Use Plan category has been established to identify sites which pose problems in terms of planning for appropriate land uses. Two such sites have been identified, the existing and future landfill sites along Eubanks Road. The existing landfill site is bisected by Eubanks Road and lies immediately west of the railroad tracks. Estimates of remaining capacity in the landfill range from 8 to 12 years. The proposed landfill site lies immediately west of the railroad tracks about halfway between Eubanks Road and Homestead Road. It contains approximately 170 acres and was purchased jointly by Orange County and the towns of Chapel Hill and Carrboro. Prior to being used as a landfill, the site would require additional study as well as the issuance of a Class A Special Use Permit. A public hearing is required before a Class A Special Use Permit can be issued. 411 - — , 058 - 'he Rural Buffer Area • - Seven catWbOries of Rural Buffer land use have been depicted on the Land Use Plan. These_catenories include Resource Protection Areas, 410 Public/Private Open Space Areas, Agricultural Areas, Water Quality Critical Areas, Rural Residential Areas, Retail Trade Areas. and Extractive Uses. Resource Protection Areas As was the case with Transition Areas, Resource Protection Areas have been designated on the Land use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15% or greater) . These areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a neighborhood park one-half mile service radius. The parks, as well as portions of Duke Forest, are linked together by a system of greenways extending along drainageways, and pedestrian routes (sidewalks) along thoroughfares. Public/Private Open Space Areas Major land areas owned or controlled by both public and private interests in the Joint Planning Area have been designated on the Land Use Plan. These Areas include the following: 1. Duke Forest; 2. University of North Carolina lands (excluding Horace 410 Williams Airport and adjacent properties) : 3. U. S. Government lands associated with conservation areas around the Jordan Lake Reservoir; 4. Orange Water and Sewer Authority lands associated with conservation areas around University Lake and raw water • storage in the former quarry site on NC Highway 54; and 5. Camp New Hope conference and recreational center. A Public/Private Open Space Area has also been designated along Interstate 40 to recognize the Major Transportation Corridor (MTC) district established to provide a 100-foot buffer along that route. The Plan recommends utilization of portions of the buffer to link proposed park and greenwav areas together. 110 _ , _ 41 ■M■ _ - - • • 411 While the status of such holdings as Duke Forest, UNC lands and Camp New Hope is uncertain in the future, their continued existence appears likely during the planning period. This is due to the research, educational, forest management and recreational functions related to such areas. If decisions are made to change the use of such large tracts of land, negotiations should be initiated to secure the use of all or portions of the tracts for recreation and/or open space purposes. Such areas contribute greatly to the natural setting of the Joint Planning Area and every effort should be made to retain such features. Agricultural Areas During the compilation of background information, a land use survey was conducted of the Joint Planning Area. The survey indicated those land areas currently in use for agricultural purposes. This information was further verified through the Orange County Tax Office to determine those farms which were Qualified and listed for use value taxation purposes. The Land Use Plan designates those farm and agricultural uses which are anticipated to continue in the same status during the planning period. Agricultural areas existing within Transition Areas 0 are expected to change from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer services are expanded. Agricultural areas are located principally in University Lake Watershed but are also prominent along the northern perimeter of the Planning Area boundary. As development occurs in these areas, it will be of a very low-density nature and will generally consist of farm dwellings and outbuildings. Water Quality, Critical Areas Only one Critical Area exists within the Joint Planning Area though others have been designated in Orange County. A Water Quality Critical Area has been established around University Lake, the primary raw water source for Chapel Hill and Carrboro. The Critical Area includes all lands which drain directly to University Lake and to major trunk streams feeding the reservoir. Only low-density residential uses are permitted in this area at densities not to exceed one dwelling per two acres of land. Rural Residential The Rural Residential category is a low-density area consisting of single-family homes situated on large lots two acres in size or greater. The Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. 411 The Rural Buffer category is described in the Plan as land adjacent to _ - - 0F0 - an Urban or Trantifion area which is rural in character and which should remairr-xerftl ; contain very low-densitY residential Uses; and not require urbarige7rViCes (water and sewer) during the Plan period. • To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low-density residential development has taken place along Whitfield Road, Sunrise Road and Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on wells and septic tanks for water supply and sewage disposal. To the west of Carrboro, Rural Residential development is also expected in University Lake Watershed. Adopted County policies prohibit the extension of public water and sewer services into the watershed except in emergency situations. For this reason, residential development will continue to rely on wells and septic tanks. Initially, a two-acre minimum lot size requirement applied in designated Water Quality Critical Area. A one-acre minimum lot size requirement applied in the remainder of the watershed. With the adoption of the Rural Buffer zoning district and its application in the Joint Planning Area, the minimum required lot size became two acres throughout University Lake watershed as well as the rest of the Rural Buffer. The remaining area designated for Rural Residential development is the Southern Triangle area in the extreme southeastern portion of the County. The area drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is also 111 characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low-density development is projected. There are approximately 9,260 acres of land designated for Rural Residential purposes in the Land Use Plan. If developed at an average density of one dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census figure for population per household (2.6) , the estimated population would be 10, 231. Retail Trade Areas No new retail areas have been designated in the Rural Buffer, Any substantial increase in retail acreage is expected to take place in the planning jurisdictions of Chapel Hill and Carrboro. The existing activity node at Blackwood Station has been retained, 411 „_ _ 06 and there is ‘rooffilfor modest expansion of low intensity commercial and service useh7e:lapproximate retail acreage at Blackwood Station is 16. 1 acres. Extractive Uses This Land Use Plan category, alona with Disposal Uses in Transition Areas, has been established to identify sites which pose problems in terms of planning for appropriate land uses. One such site has been identified in the Rural Buffer, the American Stone Quarry west of Carrboro on N. C. Highway 54. 410 410 Board of Commissioners 5/4/517 Minutes 1 ' Commissioner Carey stated the importance of the Chair ser‘.....p01 2 an ex officio member of any group involving the three governmental units 3 stating that this -is- a responsibility that goes along with being Chair. 4 It Wat7d4cided- that this recommendation would be reviewed at the- 410 first meeting -tft-Illecember. Commissioner Willhoit objected to the third recommendation stating 7 no need for this because no one has expressed an interest in talking about 8 extension of extra-territorial jurisdiction. 9 - Chair Marshall emphasized that the issue was raised when talking 10 about the swap of extraterritorial jurisdiction and it became quite clear 11 that there was one view of this intergovernmental cooperation and that it 12 was a territorial issue. Disenfranchisment was brought forward several 13 times at the public hearing. She feels it important that the citizens 14 understand that the Board is against moving people that are not in the 15 extra territorial jurisdiction into the extra-territorial jurisdiction and 16 that joint planning is the solution. 17 18 Motion was made by Commissioner Carey, seconded by Commissioner 19 'Hartwell to instruct County members of the working intergovernmental group 20 to not consider, as a part of their deliberations, disenfranchisement of 21 county citizens through placing them in extra-territorial jurisdiction but 22 will emphasize and encourage intergovernmental cooperation to achieve 23 planning goals. 24 VOTE: UNANIMOUS. - - 25 26 Commissioner Willhoit suggested that a more formal mechanism be 27 . put in place to inform each other on the Board of the various happenings 28 on the different groups that each. represent and Commissioner Halkiotis 29 suggested that this be reviewed after the budget process is finished. 30 :..:, 2. JOINT PLANNING AREA LAND USE PLAN (1) EXPANSION OF TRANSIT/ON AREA 33 Ill BOUNDARY DESIGNATION - TRANSITION AREA/RURAL BUFFER 34 ' (3) ORANGE COUNTY-CARRBOR0 ZONING JURISDICTION BOUNDARY 35 36 Planning Board Chair Barry Jacobs presented the Planning Board 37 recommendation as stated below in the motion for approval. 38 39 - Judith Wegner, ' member of the Carrboro Board, stated that there is a 40 consensus on the Carrboro Board that the swap idea should not be pursued. 41 The Board agrees with the representation suggestion and she stated that 42 . the _ legislation submitted* provides for that representation. If the 43 Planning Board recommendation is adopted, the Carrboro Board will review 44 • and . provide additional - comments . if. necessary. She emphasized that 45 continued dialogue is very important. 46 Commissioner Willhoit referred to the two designations to be 47 established for Duke Forest. He questioned the rationale for indicating 48 that those properties abutting Duke Forest will be kept out— of the 49 transition area and placed as part of the Rural Buffer. As part of the 50 Land Use Plan this property would have a buffer as it was developed. 51 Collins indicated that the buffer would be a condition placed upon any 52 of the land developed along the Duke Forest line. 53 Don Epling, Associate University Counselor at Duke, stated that they 54 are in the process of studying the purposes and goals for the use of Duke 55 Forest land. He indicated that Duke does not object to any particula- 411 land use plan presented to date. The study will take into account he development may impact and how that fits in. 58 10.1.4;. Pope spoke-en behalf of one-of-the landowners who owns 90 acres of 59 land south of Duke Forest. He referred to a statement made in the Planning 4- 064 . • , . 7 1 Board minutes which talked about the densities not being consistdht with 2 the Duke Forest reCommendations. - . 3 Commissioner,;---Ifartwell questioned the land use designation for. the 4 --- ,iture landfilitp_and Collins indicated that it is property that is. not 5 oned for a land use or a landfill but is a potential landfill site.410 6 Before the property could be used as a landfill a special use permit would 7 have to be approved by the Commissioners. Commissioner Hartwell then 8 requested that the status of the property be more clearly shown on County 9 planning maps shown to the public. 0 1 Motion was made by Commissioner Hartwell, seconded by Commissioner 2 Carey to approved the Planning Board recommendation as stated below: IAI (1) Approval of the Transition Area extension into the full extent of the 151-1/Bolin Creek basin except in Duke Forest and for those properties abutting 16 Duke Forest, and that two designations of Transition Area be established - 17 Transition I and II. Area I would include that area previously designated 18 for urban expansion. Area II would include the extended area. 19 . 20 . Within Area I, densities from one to five units per acre 21 . would be permitted. Within Area II, densities would be 22 limited to one unit per acre until such time as Area I was at 23 least 75% developed. (The planning Board clarified "75% 24 developed" to mean "developed or subdivided for development 25 - at densities of - one to five units per acre" . Development 26 refers to land coverage and not 75% of the residential units 27 . possible. ) 28 . . . . - 29.... ' The Planning Board further recommends that Carrboro and 30 • • - Chapel - Hill ' provide at least one seat on ' their Planningmk 31 . .. - . - ' Boards for representatives from the Transition Area in - thOlp 32 Towns' respective spheres of influence or areas of 33 jurisdiction. 34 , . . 35 All of the above would be contingent upon Carrboro supplying 36 a binding agreement that it would not seek to extend water 37 . - ' and sewer lines into University Lake Watershed prior to 38 . completion of the OWASA carrying capacity study. 39 . 4o (2) That boundary designations delineating Transition and Rural 41 - Buffer boundaries be established. 42 - . 43 . • (3) - That an ' exchange of Carrboro zoning jurisdiction in 44 University Lake Watershed for Orange County zoning 45 jurisdiction in the Bolin Creek Basin not be pursued further. 46 VOTE: UNANIMOUS. , 47 . . ..._ 48 3 . DEER CROSSING PRELIMINARY PLAN 49 Planner Greg Szymik presented for consideration of approval the 50 Preliminary Plan for Deer Crossing which is located on the south side of 51 Old Greensboro Road (SR 1005) in Bingham Township. Six lots are proposed 52 out of 12. 3 acres. The property is zoned Agricultural-Residential. The 53 Land Use Plan designation is identical. The Planning Board recommended 54 approval. 55 56 2 Motion was made by Commissioner Hartwell, seconded by Commissionega 57 -- Carey to approve the_ Planning Board_recommendation. - Imr 58 VOTE: UNANIMOUS. 59 . . .. ._ el k i ` 065 r/�� P o.ear 337 ,ar ._. Gi L. 301 West Main Street- Carrooro,North Carolina 27510 N.C.�. . _r (919)968-7700 (919)942-8541 The following resolution was introduced by Alderman Tom Gurganus and duly seconded by Alderman Randy Marshall. 1 A RESOLUTION REQUESTING ORANGE COUNTY TO AMEND ITS . ZONING ATLAS AND JOINT PLANNING AREA LAND USE PLAN Resolution No. 37/87-88 WHEREAS, Orange County, the Town of Chapel Hill and the Town of •Carrboro entered into a Joint Planning Agreement on November 2, 1987; and WHEREAS, Section 2.lb of that agreement calls for Carrboro to prepare a zoning map for the portion of the transition area that lies within the Carrboro Joint Development Review Area (CJDA) ; and WHEREAS, the Carrboro Board of Aldermen conducted a public hearing on February 23 , 1988 to consider alternative zoning proposals and to receive public comment regarding transition area zoning alternatives; and WHEREAS, the Carrboro Board of Aldermen, as provided for by Section 2.1b of. the Joint Planning Agreement, has voted to recommend the attached Alternative #3 for adoption by Orange County in the CJDA. NOW, ,THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. The Board hereby requests the Orange County Board of Commissioners to consider the attached Orange County Zoning Atlas amendment at its public hearing scheduled for April 13, 1988 and to take action as specified by Section 2.1 of the Joint Planning Agreement. Section 2. The Board further requests the Orange County Board of Commissioners to amend the Orange County Land Use Plan 1::› Map to show the location of and to provide a description of Transition Areas I and II for the Carrboro Joint Development Review Area (CJDA) as per the Joint Planning Area Agreement adopted on November 2, 1987. Section 3 . The Board requests that the Orange County Commissioners maintain the Transition Area I boundary of Dairyland Road and Old N.C. 86 in Calvander, as presently shown on the Orange County Land Use Plan. Section 4 . The Board recommends that the Orange County Board -of Commissioners adjust—the—Northern Transition Area II boundary to coincide more or less with the southern boundary of the Duke Forest properties. • 0/ O6 _ - , , _ - _ . . , . - 410 Section 5. The Board concurs with the University of North Carolina' s request to change the public/private open space land use designation shown on the Orange County Land Use Plan Map for the UNC properties located in Transition Area I to a more appropriate land use designation. Section 6. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote , received the following vote and was duly adopted this 1st day of March, 1988: Ayes: Tom Gurganus, Hilliard Caldwell , Frances Shetley , Jay Bryan Noes: Randy Marshall, Eleanor Kinnaird, Judith Wegner Absent or Excused: None . x, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a III resolution adopted by the Carrboro Board of Aldermen at its meeting of March 1, 1988 . - . CaAak , ) L Town Clerk . . . . . • . . . . • ...... ..remommarms111111111111111311MMIEWN Planning Board _ 5 �6 7 March 1, 1988 It was determined that the Board could review this application at its April 5 meeting and still be within the Town's allotted time period for reviewing this type of application. - Motion: Mr. Francisco moved that the Planning Board refer the revised plans to the Town staff. Ms. McLendon seconded the motion. Vote: The motion passed by a vote of 7-0. Pro•osed Chan:es•to-Joint Plannin: Area Land Use Plan: Mr. Weldon presented a '' ' memorandum prepared by Orange County Planning Department Planner Gene Bell which explained the proposed changes (see Attachment 5). These changes were scheduled for an-April 13 public hearing at Culbreth Junior High School. The - changes included those adopted November 2, 1987 by the Town's of Carrboro and - Chapel Hill, and Orange County in the•Joint Planning Agreement; as well as petitions submitted by citizens living in or near the Joint Planning Area. - Mr. Weldon explained the proposed changes and• answered questions from Board members. - Motion: i=lt was moved and seconded that proposed changes #1-6, and #8-in the ' staff memorandum be recommended for approval. -Vote: The motion passed 7-0. 4. - Motion: Mr. Francisco did not want to see proposed change #7 (designation of certain greenways as recreational trails) adopted." His motion was not . seconded. - Motion: Ms.:McLendon moved'that the Planning Board recommend adoption of -change #7. Mr.: Cradle seconded the motion. Vote: - The motion passed 6-1 with'Mr. Francisco voting against the motion. The Board discussed greenways and recreational trails and their effects on adjacent property: It was suggested that maintenance personnel not use leaf blowers to clear recreational paths, because removing the leaves might promote erosion. Guidelines for Bxtendin:Construction Start Dates: The Board reviewed a staff memorandum suggesting guidelines for reviewing requests for time extensions. — Motion: Ms. White moved that the Board adopt these guidelines and add them to the Board's Rules of Procedure. Mr. Guild seconded the motion. Vote: The motion passed by a vote of 7-0. Meeting Date Changes Because of the July 4th holiday, the Council would be meeting on July 5th. Therefore,_ the Planning Board agreed to reschedule its July 5th meeting to Tuesday, July 12. - T . , ' Chapel Hill Planning Board: March 1,-1988 • - Attachment 5 .. .. , . ORANGE COUNTY PLANNING DEPARTMENT_ 306F REVERE ROAD 0 68 . _ _ - , .2.;:g..-- HILLSBOROUGH, NORTH CAROLINA 27278 . - ' 4110 _ ‘...,., . . . , . . . . , . • „ . . , M. E„ MORAND-UM , . t .2 :71- • L . . . . . _ . .- - , .c . :• - i- :. ...!.. :-.1:::- ,i: „ . . . , : r. . . . ..4. TO: i_ MEMBERS- OFTHE, CHAPEL -HILL .PLANNING BOARD . ,, . . .. • . • - :- . - FROM: GENE BELL, PLANNER Iii gr3 .. • . . RE: . . PROPOED- JOINT. PLANNING_AREA- LAND USE PLAN MAP AND TEXT CHANGES — :::...r ; . ' ;.- 1 :,0; _ -, • • •. DATE: FEBRUARY 19, 1988 ,-. 7"- :... ; : —. r- , -.7 ,1..; • - 7 , :-. ,'--, , . .;. ' • . . — - • • ,-* • '' , .. • ' „ ..,s% ,,,' .. . . :! -- : A...)CdntlPiitlninLPiiblic.' Hearing has been schedu1 ed for April 13; 1988"- at* 7 :306- p.m.. 16 , . the Cuibreth -Junior , High -School Auditorium. Among the .. items to be considered are IIlO'. - - proposed amendments.. to the .Joint Planning Area Land Use Plan : map and text. ' Ttie 'prOpOsed amendments come from two primary - • 1 . • sources:, . ..-, 1' . . . _ --:--, ...,r . . . . - . . ' (1 ) . PrOvislons., contained - In the Joint Planning . - ' Agreement adopted November 2, 1987 by the Towns of ., _ :....c. :: Carrboro and Chapel , Hill and the County of Orange; and. . : a • , . . (2) Petitions submitted by, or on behalf of, citizens . , _ living In-:or.near the JoInt,Planning Area. . . . . Proposed map and text amendments to be considered on April 13 . , include the followlng: . .,:..,: rc,... ,.. ' ' •.. • • • (1 ) Amending , . the. Joint Planning ,- Land Use, Plan map and . • -.::.. - , text ,: to - . show the location of and describe --, . , . : Transition Areas 1 and II for the Carrboro Joint Development Review Area (CAM) as, per the Joint , . ,Planning Agreement adopted November 2, 1987 ; . . . , . , (2) A . . petition from the Stoneycreek Neighborhood . Association for inclusion In the Rural Buffer; (3) A petition from E.K. Powe; representing property . 1 owners in the Rural Buffer, to have 1-he boundary of IA , .. .._ . .. , , . . . . . . • „ • . - ORANGE COUNTY . BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 30„, 1988 Action Agenda Item * SUBJECT: JOINT PLANNING AREA LAND USE PLAN - ADJUSTMENT OF TRANSITION AREA I BOUNDARY • DEPARTMENT: Planning PUBLIC HEARINS: X Yes No . . ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins . Vicinity Map Joint Planning Public Hearing Minutes of 10/14/87 Danziger 10/25/87 Memorandum Carrboro Board of Aldermen TELEPHONE NUMBERS: 3/3/88 Resolution Hillsborough - 732-8181 Chapel Hill Planning Board Durham - 688-7331 3/1/88 Minutes Mebane - 227-2031 Orange County Land Use Plan Map Chapel Hill - 967-9251/968-4501 411 PURPOSE: To consider a proposed amendment to the Joint Planning Area Land Use Plan to adjust the Transition Area I boundary in the Carrboro Joint Development Review Area (CJDA) to follow the western right-of-way line of Old N.C. Highway 86 and the southern right-of-way line of Dairyland Road. BACKGROUND: On October 14, 1987, a public hearing was conducted to receive citizen comment on the proposed Joint Planning Agreement between Orange County, Chapel Hill and Carrboro. At the hearing, Mr. Randy Danziger, a Calvander resident, requested that the southwestern boundary line of Transition Area I north of Carrboro be shifted from its present location to follow the right- of-way or centerline of Hillsborough Road (Old N.C. Highway 86) . Subsequent to the public hearing, Mr. Danziger petitioned the Orange County Planning Board to adjust • the boundary line as requested on October 14. Since the adjustment involved an amendment to the Joint Planning Area Land Use Plan which was not advertised, it could not be considered for approval. Mr. Danziger was informed that his proposal would be considered at the 411 next Joint Planning public hearing. - The-present boUndar-y—of--Transition Area I follows the drainage divide between University Lake Watershed and 070 Bolin -Creek Basin. The proposed boundary would follow the western right-of-way line of Old N. C. Highway 86 and the southern right-of-way line of Dairyland Road. The proposed boundary would represent a more definable boundary on the ground, eliminating a situation where properties are split by Land Use Plan boundaries. At its March 1, 1988 meeting, the Chapel Hill Planning Board voted to recommend approval of the proposed change. At its March 3, 1988 meeting, the Carrboro Board of Aldermen approved a resolution which requested that the Transition Area I boundary of Dairyland Road and Old N.C. 86 in Calvander be maintained as presently shown' on the Orange County Land Use Plan. The location as shown on the Land Use Plan is generally consistent with that currently shown on the Joint Planning Area Land Use Plan. RECOMMENDATION: The Orange County Planning Staff recommends approval of the adjustment of the Transition Area, I boundary from its present location to follow the western right-of-way of Old N.C. Highway 86 and the southern boundary of Dairyland Road. 411 Following conclusion of the public hearing, the matter should be referred to the governing boards of the Towns of Chapel Hill and Carrboro for decision, and the Orange County Planning Board for a recommendation. A proposed schedule for consideration is as follows: Chapel Hill Town Council July 11 Carrboro Board of Aldermen July 12 Orange County Planning Board July 18 Board of County Commissioners August 16 • . t • .. . . 1 TRANS"tiON 11 . 0 ..18.1 MC. 1 c) II . .. 7 I ......e.e....., ,-... , ■ • - .f:-''--44- - , ,?'- .„4?—v 11 . .. .,,,=.-.... .... - t *. 0 0 T • .\ , ././,...: -,V7 , . • . .... ____........$""-.•---- .- - , .. • • : •': . ..,-...-,..*•..-...' ,1..•.. .. ... -,-.-- ,, ./..,,,,.,,„ ,,,, • • 'N. 1 1 ' - '.. , •.' . i • • • .11 (3 • ID . 30 AC, / 1 • 8 0 1,1 AC■ i ® I 0 4. °C. T. "'''' AN SIT "0 16. Ivy/ i... c., 44.ai ..k7lr . iy- ..... . . .. , . .4. i....,. _ • . e . c 9 @ . ,.. .. 1,, , -• .0s0 . ... . . 4C1 AC. 111.410 94 .," ,. 4:'..t.A. . OM .. .• , . . ,.. . . • le ' -. . _ - - A""11.9116,....kilit. • - . . 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DANZ I GER REQUEST ,-.• - . . -, : • . - • .- . - .-..• ..'. --" - , • . : - Existing Boundary •••- -t • •*., ... .• ,••• :*..„-:.A:-,1::.:*.:;..; . . , . Proposed Boundary ••••••••••••• t . .. . log :-.- •-- - -- -'-'• - ' -- ' - - - •--;•-:.‘.: • •.•',.•:.i;#.1 - , -.--- .. ' ,' •- . •-, -„ • • :,..,...4.-•..; ..., ••:.:....- • . • s' • `, • .': ' ' f .7 1 ., . • .. . .• . . -.. • 8 . .- • . : : • .. . .4. -. - • "'' ' :(-' ' . ' ':!---I ^- *‘. ' - ..: ' • rARRBO ° 0. tb••: . .• , • . . '• :t ' ''' .. . — •' :.4;4 -- . :I'.''''. .....,.. . ,•.' -• .. • • . . . '- . '• - , _. Excerpt from minutes of October 14 1997 If 0 7 oint Planning Area Public Hearing _ 4 1-o the west_ as -there is a great deal of land out there with very low density wbl r-''c_ould - he divided between Chapel Hill and Carrboro leav' Fox Meadow -I5T`t11e' Chapel Hill side of the line. Alice Gordon (Prepared statement as attachment to these minutes ) Julie Andresen responded to Dr . Gordon that the ten-day time period for courtesy review was only if Orange County was In agreement. If Orange County is not in agreement, the thirty-day review period is still in effect. Also in Section 2.6 .D, Ms. Andresen noted that no one Is precluded from making recommended changes. Jef (Prepared statement read by Chair Marshall and an attachment to these minutes) . Randy Danziger, Resident of Calvander Mr . Danziger Indicated he was impressed that a final agreement was close to being signed. He expressed a concern there was insufficient restrictive language in the Land Use Plan to restrict development in the watershed. He asked that the Boards get clear opinions from at least two disinterested counsels that the ordinance modifications and agreements presented will indeed prevent development In the watershed. He expressed support for the fifteen-day minimum period for passing Judgment on � amendment. He felt this was adequate time for citizen concerns to presented. He also requested that the line running from Calvander nteMor section back to Carrboro city limits be shifted to the edge of the Hillsborough Road right-of-way or to the center line of the road. He felt this could prevent future conflict for the area between Carrboro city limits and Calvander. Mayor Porto. Carrboro Mayor Porto stated that the Boards had issued resolutions to Initiate a moratorium on water/sewer extensions until such time as the OWASA watershed study is completed. He noted that his Board had, requested that letters be sent to the other Boards present to ask that a moratorium also watershed.onThismwould septic place aymoratoriumponklarge-scalendev development in wa the watershed. James E . Plymire Mr. Plymire commended the Boards for their perservence in developing a Joint Planning Agreement. He indicated the dividing line on Rogers Road could create an inefficiency for the controlling jurisdiction . Roger Pope, Fox Meadow Subdivision. Mr . Pope indicated he much preferred to remain in the Rural Buf and felt it senseless to have two city limits so near to each other. f e=1* annexat i of -eras definitely =--the-next step and indicated that it was preferable to be annexed by Chapel Hill . He expressed concern with fire and police protection if Fox Meadow camundertothecojurisdiction of Carrboro. He continued expressing his opposition 411 To: The ofaggcounty Planning Board From: The Calvander Community Homeowners Association Date: October 25, 1987 At this important time in the determination of Orange County's future development, we would like to offer you our congratulations and support for your work on joint planning. We continue to believe that the concept of joint planning is a good one, since it will serve the best interests not only of the county and townships, but of the University Lake Watershed, a resource vital to all of us. As you move forward to solidify this joint plan, we want to add our voices to those addressing you tonight. The Joint Area Land Use Plan should be modified to clearly designate all the land west of Old Highway 86 between Calvander and Old Fayetteville Rd. as being outside Carrboro's Transition Area. This should be done to eliminate any concern or confusion as to the intent to ensure Watershed development limitations in this area. Mr. Marvin Collins has informed us that the Orange County planning staff will recommend tonight that the western edge of Carrboro's planning area should follow Old 86 as its western border between Calvander and old Fayetteville Road. Since many of the other planning boundaries follow existing roads, Mr. Collins said he saw no technical reason not to do this, so as to clarify the planning maps. In the spirit of watershed protection we urge you to approve this recommended adjustment to the Joint Area Land Use Plan. • 074 2. Even though we in Calvander face higher development densities than we find acceptable, we believe that watershed protection is more important at this time than encroaching town boundaries. Old Highway 86 makes a logical and natural border to Carrboro's planning area. The land west of it is clearly watershed land that should be protected. We urge that you alter the Joint Area Land Use Plan to ensure this. Respectfully Rakoty Pad-l-etet 4 .64, Randy Danziger, Linda Roberts Calvander Community Homeowners Association • - - - - r .: o - . . . r - r.-‘.›A•- P0.Box 337. 301 West Won Street rdg)r Carrboro,North Caroitna 27510 ':-. (919)968-7700 (919)942-9541 0 --r- The following resolution was introduced by Alderman Tom Gurganus and duly seconded by Alderman Randy Marshall. A RESOLUTION REQUESTING ORANGE COUNTY TO AMEND ITS ZONING ATLAS AND JOINT PLANNING AREA LAND USE PLAN Resolution No. 37/87-88 WHEREAS, Orange County, the Town of Chapel Hill and the Town of Carrboro entered into a Joint Planning Agreement on November 2, 1987; and WHEREAS, Section 2.1b of that agreement calls for Carrboro to prepare a zoning map for the portion of the transition area that lies within the Carrboro Joint Development Review Area (CJDA) , and WHEREAS, the Carrboro Board of Aldermen conducted a public hearing on February 23 , 1988 to consider alternative zoning proposals and to receive public comment regarding transition area zoning alternatives; and . 410 WHEREAS, the Carrboro Board of Aldermen, as provided for by Section 2.1b of the Joint Planning Agreement, has voted to recommend the attached Alternative #3 for adoption by Orange County in the COMA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. The Board hereby requests the Orange County Board of Commissioners to consider the attached Orange County Zoning Atlas amendment at its public hearing scheduled for April 13, 1988 and to take action as specified by Section 2.1 of the Joint Planning Agreement. Section 2. The Board further requests the Orange County Board of Commissioners to amend the Orange County Land Use Plan Map to show the location of and to provide a description of Transition Areas I and II for the Carrboro Joint Development Review Area (CJDA) as per the Joint Planning Area Agreement adopted on November 2, 1987. _ Section 3. The Board requests that the Orange County Commissioners maintain the Transition Area I boundary of Dairyland Road and Old N.C. 86 in Calvander, as presently shown on the Orange County Land Use Plan. 411 Section 4 . The Board recommends that the Orange County Board of Commissioners adjust_the Northern Transition Area II boundary to coincide more or -less with the southern boundary of the Duke Forest properties. . , . . ,.. i 0 7 6 .• - - - - ___.-....... 411- - Section 5. The Board concurs with the University of North Carolina's request to change the public/private open space land use designation shown on the Orange County Land Use Plan Map for the UNC properties located in Transition Area I to a more appropriate land use designation. Section 6. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote , received the following vote and was duly adopted this 1st day of March, 1988: Ayes: Tom Gurganus, Hilliard Caldwell , Frances Shetley , Jay Bryan Noes: Randy Marshall, Eleanor Pinnaird, Judith Wegner f Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a !II resolution adopted by the Carrboro Board of Aldermen at its meeting of March 1, 1988. ) ' . . Cie z A e z A d 6 (1,4 ii,thet,owrcry1,--) Town Clerk . . .... • _-_-_. - - .- - - ------ -- - - _ 0 77 • • . . _ . - _. . _ Planning Board f _ _ - 5 March 1, 1988 411 It was determined that the Board could review this application at its April 5 meeting and still be within the Town's allotted time period for reviewing this type of application. Motion: Mr. Francisco moved that the Planning Board refer the revised plans to • the Town staff. Ms. McLendon seconded the motion. -___1_'; Vote: The motion passed by a vote of 7-0. . . ,.- r„. - .. ...! ,....,....„. , ,.- u. . ,..,... - ...-.:._ . -::2." . s Proposed Changes-to-Joint Planning Area Land USe'Plan: •Mr;'Waldon presented' a "''.' memorandum prepared by Orange County Planning Department Planner Gene Bell which explained the proposed changes (see Attachment 5). These changes were scheduled for an-April 13 public hearing at Culbreth Junior High School. ,-; The- changes included those adopted November 2, 1987 by the Town's of Carrboro and:- Chapel Hill, and Orange County in the Joint Planning Agreement; as well as ' -- • ' -' petitions submitted by citizens living in or near the Joint Planning Area. - - Mr. Weldon explained the proposed changes and answered questions from Board members. . . : ::#17 — Ir.: f- : ; -- - ; -,:- . ..,:- - --._1, _ .4.-:.-: .....:. ' - Motion: L It was moved and seconded that proposed changes #1-6, and #8- in the staff memorandum be recommended for approval. Vote: The motion passed 7-0. - 410 Motion: Mr. Francisco did not want to see proposed change 1/7 (designation of certain greenways as recreational trails) adopted His motion was not seconded. . '----, - ,. - .---1:.,.• . t • . - , ' -.:. - - ' Motion: Ms.' McLendon moved that the Planning Board recommend adoption of - change #7. Mr:- Credle seconded the motion. I. • . _ - - Vote: The motion passed 6-1 with Mr Francisco voting against the motion. The Board discussed greenways and recreational trails and their effects on adjacent property. It was suggested that maintenance personnel not use leaf blowers to clear recreational paths, because removing the leaves might promote erosion. Guidelines for Extending...construction Start Dates: The Board reviewed a staff memorandum suggesting guidelines for reviewing requests for time extensions. ..-. Motion: Ms. White moved that the Board adopt these guidelines and add them to the Board's Rules of Procedure. Mr. Guild seconded the motion. Vote: The motion passed by a vote of 7-0. Meeting Date Changes Because of the July 4th holiday, the Council would be meeting on July 5th. Therefore, the Planning Board agreed to reschedule its July 5th meeting to Tuesday, July 12. • 078 the Rural Bu fer has f i l e d a petition to have h i s c l i e n t s' - property rme-Fpded In Transition Area II . The properties I n question e& t °Duke Forest and there is currently a one- lot ( lot sizes and shapes vary considerably) separation between Duke Forest and properties designated Transition Area iI . To address development impacts on Duke Forest, amendments to the Zoning Ordinance requiring buffers between Transition Area it lands and Duke Forest would be required. '14ga,p,d. unz-tger Reayest (Map amendment) To address potential development impacts In the northern part of the University Lake Watershed, Randy Danziger has proposed that the narrow strip of Transition Area 1 south. of Dairyland Road and west of Old N.C. 66 in Calvander, be replaced with Rural Buffer which would extend to the right- of-way of the above-mentioned roads. The lots currently shown as Retell Trade on the adopted Joint Planning Area Land Use Plan Map would not be changed. Binztasn TQXns u I p end Use F Larl (Map amendment) No substantive changes are proposed in the Bingham Township portion of the Joint Planning Area. There are some minor changes which involve more tracts being designated as Agricultural Areas as well as some differences in the configurations of resource protection areas (due primarily to new base maps being used) , tacace bfJJms Airncr*tIJNC Lands (Map amendment) These lands are shown as Public/Private Open Space on the adopted Joint Planning Area Land Use Plan Map. UNC has requested that these lands be designated Transition Area or Transition Area 1 as appropriate to reflect future develop- ment plans of the University. The sixty acre tract of UNC land north of Homestead Road is to be left as Public/Private Open Space. fireenways/Recreational Trails (Map and text amendment) Greater definition of the greenways system in the Joint Planning Area is desired as it relates to which greenways ' would eventually be developed as recreational trails. 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F.: p Aliiilimis cc 1111 . 4- MUM .41111E-411MA ) - „...,............*ft, Z Z ui W 4 4 4 ......w.,..., ..,. .. ..,4\ ......--mm... 4.,, I . Q 0 M CC ........•■•=mozow■ 19 1- i-- 3 1.11 D NIL -- iikams I fir■-•■•■ --.....___-. 441■01011■ 46. = 01(t 1111111•MMIMIMMIS was. CC00 -30t3 _ —_ 4.4,,, vr Z 0 c•- pi cr. cr a pm.... . .j 1111 ,. fc r- ..,..,„ _ de ,..-Ar. • ' i si a LI_ 'i- a.o. - — • . • . . • • - _ _ _ - • 08 I 411 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRf ,T Meeting Date: June 30,,. 38 Action A enda Item 41 SUBJECT: JOINT PLANNING AREA LAND USE PLAN ADJUSTMENT OF TRANSITION AREA II BOUNDhRY DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Vicinity Map E.K. Powe 6/18/87 Letter Carrboro Board of Aldermen • 3/3/88 Resolution TELEPHONE NUMBERS: Chapel Hill Planning Board Hillsborough - 732-8181 3/1/88 Minutes Durham - 688-7331 Board of Commissioners Mebane - 227-2031 5/4/87 Minutes Chapel Hill - 967-9251/968-4501 • Sample Sketches 411M PURPOSE: To consider a proposed amendment to the Joint Planning Area Land Use Plan to relocate the Transition Area II boundary north of Carrboro to a set distance of 670 feet from the border of Duke Forest. BACKGROUND: On May 4, 1987, the Board of Commissioners approved the extension of the Transition Area into the full extent of Bolin Creek basin north of Carrboro except in Duke Forest and for those properties abutting Duke Forest. • The properties abutting Duke Forest would remain in the Rural Buffer. The Transition Area boundary which resulted was a very irregular line, varying in distance from 200 feet to 1,600 feet from Duke Forest. Subsequent to the extension approval, Mr. E. K. Powe,- an attorney representing Mr. James Verner and Mr. Berl Bernhard, petitioned the County to adjust the boundary. His clients property was found to be unsuitable for septic tanks, and development of the tract for residential purposes was not possible without the availability of public sewer. The Verner/Bernhard tract is not the only property affected by the boundary variation. The tract may be 411 unique, however, in being unsuited for septic tanks. An adjustment of the boundary appear warranted, though, - since the full-extewt- of a large lot (1,600 foot depth) may be in the Rural Buffer while another lot may be in tb. , r - _ _ . ,,,......--.. . _ . the Transition Area by virtue of the fact that it is IIM adjacent to a lot (adjoining Duke Forest) with a depth of only eoo feet. , Some possible alternatives to the current boundary dilemma include the following; . 1. Move the Transition Area boundary to coincide with the Duke Forest border and require at least a 100- foot natural buffer to be retained or provided by a development occurring adjacent to the Forest. (This alternative is based on the assumption that Duke Forest will remain as a natural border for Carrboro' S northern growth. The 100-foot buffer concept derives from a similar provision applicable in planned developments approved under the Orange County Zoning Ordinance provisions. The alternative has the advantage of placing project approval and administration under one jurisdiction; i.e. , Carrboro, but it does not take into account the Duke Forest desire to have adjacent property developed at Rural Buffer standards. The ' alternative would also permit all portions of the property to be served with public utilities without concern over extensions into the Rural Buffer. ) !II 2. Move the Transition Area boundary to coincide with the drainage divide separating New Hope Creek and Bolin Creek basins. (This alternative is grounded in natural features; i.e. , drainage .divides, serving as the boundary line between land use designations. It further recognizes that sewer service is provided most economically in the Bolin Creek basin where gravity lines can be extended along drainage channels. It does result in lack of uniformity with respect to development adjacent to Duke Forest. Where the Bolin Creek basin extends into Duke Forest, intensive development (1-5 units per acre) could occur up to the Forest borders. In other locations, development would be restricted to the Rural Buffer density of one dwelling unit per two acres of land. Properties would also be split by the boundary line, with some acreage in Orange County' s jurisdiction and the remainder under the administrative control of Carrboro. ) 3. Move the Transition Area boundary to a set, distance of 670 feet from the Duke Forest border. 410 -- (This alternatiVe- le the advertised proposal and would leave a strip of land 670 feet in width . . r)8 3 - - - 411 adjacent to Duke Forest. It would be part of the Rural Buffer, and the minimum lot size requirement would be two acres. Properties developed adjacent to Duke Forest would be required to provide a tier of two-acre lots backing up to the Forest. The 670-foot dimension is derived by dividing the area of a two-acre lot (87, 120 sq. ft. ) by the minimum required lot width (130 feet) in the Rural Buffer zoning district. Problems inherent in the proposal include the boundary creating split jurisdictions and the limitation on utility extensions in the Rural Buffer. In the case of the former situation, implementation of the Joint Planning Agreement would place a portion of the property under Orange County' s jurisdiction and the remainder under Carrboro' s administrative control. Given the nature of the Agreement; i. e. , the provision of project review/comment procedures, the solution may be through administrative channels. The latter situation could be handled by allowing water and/or sewer extensions to serve only those lots abutting Duke Forest and only if the soils were proven to be unsuited for septic tank use. ) 41! 4. Move the Transition Area boundary to a set distance of 400 feet from the Duke Forest border. (This alternative is similar to #4 above in that a single tier of lots would result adjacent to Duke Forest, each being at least two acres in size. The 400-foot distance is derived from conventional lot dimensions; i.e. , lot depth equals twice the width. For a two-acre lot of 87, 120 sq. ft. , the dimensions would be 212 feet in width and 412 in depth. Using the rounded-off 400-foot dimension, lot widths would be 217 feet. An additional provision could be added which required that a 100-foot buffer adjacent to Duke Forest be incorporated as part of the lot. Allowances would have to be made, however, if the only available perc site was in the buffer. The same public sewer dilemma would be present as well as the problem of split jurisdiction. Possible solutions would be the same. ) At its March 1, 1988 meeting, the Chapel Hill Planning Board voted to recommend approval of provision for a buffer 100 feet back from Duke Forest. - - At -its March 3",' 198-meting, the Carrboro Board of Aldermen approved a resolution which recommended that „ 084 the northern Transition Area II boundary be adjusted to coincide more or less with the southern boundary of the Duke Forest properties. RECOMMENDATION: The Orange County planning Staff recommends that the Transition Area boundary be relocated to a set distance of 400 feet from the Duke Forest border. The following additional provisions are also recommended: 1. That a 100-foot natural buffer be retained or installed on each new lot adjacent to the Duke Forest border; 2. That the 100-foot buffer may be disturbed only when necessary to install a septic tank and/or nitrification field, and only to the extent necessary to install such facilities; and • 3. That public sewer service be permitted for new lots where it is proven that the property is unsuited for septic tank use. Following conclusion of the public hearing, the matter should be referred to the governing boards of the Towns of Chapel Hill and Carrboro for decision, and the Orange County Planning Board for a recommendation. A 411 proposed schedule for consideration is as follows: Chapel Hill Town Council ' July 11 Carrboro Board of Aldermen July 12 Orange County Planning Board July 18 Board of County Commissioners August 16 110 - - ...`.�.� ^� i X11 7,. ,. _ �� ,...■�.r►� F a iv y *�'� m -- °- 1■Iir.►,.• z .t. co co 0 c •c 1 �M `�`!r _ ._ . ti N Ill '�y 0> 'O kVIAMIIIlD fQ u C 7 t •,��` � I. W d. W L? -1 a a • • . ` .. • r< • c7 ■ r *'. r Ili `✓ a .. •• r s. NI 40 6001 ';�Nl �A �,D VA- : # °-,4.F,-., ...-- .::: 3f , `�, „Auld.. L. Ir r - Ill . ,..— __ . IIIIIs4o. � �.- r NI Ilik 111111111""I Et ' SS4, : w w ` JEl IF • ♦ 4 moil P - _ 4111. _ _ a. ... ... iirp s _ t ':,� rm- Q nW w� 0 3AO D NOINn Post♦ .• ,.., • 1 086 _ ,; - .Alternative Duke Forest 100—FOOT BUFF MR STRIP ...mommom lis ii■••• ■■■- ■ns 670' R0RAd 5L/tPER - TWO ACRE I OTS 120' 40 300' MANS/770N AREA - 44000 SI 'f1 tors. I 08`. • - • Alternative # 4 Duke Forest 1.00—F00 r BUFFER STRIP sommom me••••■•••■■••••wwwwwwm•or orm•••• RI/RAZ WIPER - Iwo ACRE ors 400 217 130# 309 TRAA61770N AREA - 40,000 sarr. 1075 - — - - — h ATTORNEYS AT LAW • • ...Cam Or •O••C,40•••C...O..•..t,P.A. ■ ••0-13011.V..•..C....“.C44 a 1m1i•Crl riosT ,w.Q,• A.T1pm*L$A1.1C Sy1LD118G 31131 IPCIT to161m $ ;CCT,i1.11YC 800 i 8 • .. •0s9 OrI.CC i13L1 i■ i dI.i I..AM. N.C. 27762 .7.'67:.wt j i•r.f11CD.A "C"'''' '. wt.K It:•r.CiM r'f W P.a...1C ♦001.1►D KO•[ 6•I�M4 ••�L •.r/t�- •;m.• -w','t'.. .a r.aw.r.. ..a r�t G••IIAL1 w!i-1111,2-►is5 •01•r• r.L..PV ••••CI•• GM ..K a 1[rrp K60...• p.- PA...a w.uCn • IO a rad.■ .[1L h•• .V.110 \ tA•wC•.I0 Dh.aa S •Yw...► .u[.\C C.+. . rural,*COWS 3100.61.7L..5.4 \ S•r•OCtP•riot..► `..M....L r4•Ir0 TLL[ryt 4!4.41.2-774• j. .r...•Cr. C..O•!i D CYC mmb C 101 r..••.t/rn ICE �� 131..1.•. ..■••+ .•••LL CAr•0.P.P. 00.06!\D .raaC.met �r L C•R..rD 3000 I.CN•.F..._.'. I••• D .R.O. IA t.40.4& 6D7•L.••C0 1.1.4.]••D sown. w1...A G.t4. Cwa41.097 G+.C. :aura++• 0.0...R.CANC. 1.......•..D 0....1.00 018..•.0•en 1.a■•O.1.n. 1...t.\ 0100.. i Jli[••• 1....4• . 1.h 70+•»1-1131313 .00OCt A.-•1 vYi.► MC.f.Nam .•.1.P nfrr.0 ••••Ri•Ii1.•• K'iC1 a 17.00..111 r.1.+1f'1 0400.K IN �o 6[0.1ri• r•+•.C C.••••••MI 0.110 r1.r CCr�& 1L. =rat 1.w..C.AC 8100 •Carpf.0 1804.0,iu1TC Um C.... i.7h C. a' LvL.C.I• C.rC•Ln.J1 •■•...C .[Myµti DraaD*1000.•••.+.C1. CnaAlpTrC,rr.C. Iii.. •u L • Pt-44r+ r.r ....t- aiwn•••.L. '. I r •.CSC-f. 7C+•i6S•14.4e 17..a.: . 1.-..t = . -C..-..C•+.DC5 L .'.1 ....d Lwow: a.w...a..••• ti..• C...: L r.rl!• C..rt ...0. 4.•••.•9.04 D�.0■ =.K1 �� f•••i0• .4...:. ...r• •CAL1 M.L■ r•.•L•. .C\w.r •:.i••\.,1.l 31131 v.CS\ ...GwL:AM 40.W• .00.rC: r+•Dwf••••1.•$ r M •••••••••••70 ...fir- c.-.--i •C •I. ?iSOT •C•.1.C •/.+lrrL};,..0 t-..EOc -r.C w:C Cr1..L$L A•>e•. 4yK•• .prLy. 14r:C.6......C- 27011 C -1.00.0.*.. L .0 r 0-006 K�10 w \.{/a• r ...bar was Y•i•..... Y. .....r•• •.,L■sc•• &rm.1 •••••0 •M••. Omura.. • r.••C.C'00.7r• �� • . C.••• r.•• CI.4.•L10.r ••C....0 L • IC C.aa.C ••..•CIl • 80•:•.'•C.20...13. S01 11.01 w:•.sS1L_•••• :..•• • •••• A;•\w• bail(■ ■•••■• • 1•• 4211 C•a.L. .....•..C.S13. •.C.- -. .-...0+: 7....1.•av ..mr....} yr. C..•....- 1..13 ?T7u31 w f •.- .-. .. .r-w'L...K � ...++rrti:.0201. rO.l•.L 4,...,1.,1. i1i•iia•.7fr. June 18, 1987 Mr. Marvin Collins Planning Director ' Orange County - Hillsborough, North Carolina 27278 Dear Mr. Collins: - . } I appreciate very much your meeting with me and. taking the time � to discuss the property belonging to my clients, James M. Verner ` and Berl Bernhard. . As you are well aware the Town of Carrboro requested an expansion of its proposed' Transition Area into the northern portion of Bolin Creek Drainage Basin. On April 7, 1987 the Orange County Planning Board met and recommended to the County Commissioners approval of the Transition Area extension requested by Ce=rboro into the full extent of the Bolin Creek Basin except in D~.ke Forest and for those properties abutting Duke Forest. On May 4th the Orange Commissioners adopted the recommendation of the Orange County Planning Board and as I understood the action it was with the understanding that the administration would continue ::ts study of the area with particular interest in the plans being developed by Duke University for use in protection .of Duke Forest. As I pointed out to you in our conference on Monday my clients are particularly interested in the administration taking a closer look at the circumstances of their property to the end that it might be included in the Transition Area. The Verner/Bernhard property consists of 90 plus acres located in the vicinity of O'ld Highway •B6. The land is bounded on the north by the Duke Forest, is rectangular in shape and extends Mx. Marvin Collins_ - - - - June 16 , 1987 -t - - - - , . ' Page 2 - - approximately 1, 250 to 1, 600 feet in depth from the Forest on a front of approximately 2, 550 feet. It is bounded on the south by the northern boundary of the Transition Area as fixed by the Planning Board recommendation. Furthermore, the property lies mostly in the Bolin Creek Drainage.Basin and consequently drains away from the Duke Forest. Several years ago my clients considered a development for their property for single family residential use. They found that the . land would not meet the perk standards of Orange County in that testing indicated the soil throughout the tract to be unsuitable for septic tanks. Thus it appears that their property is virtually undevelopable for residential use without the availability of public sewer. They therefore are most anxious to have their land included in the Transition Area. I believe; though I have made only a general and not specific check, that my clients ' property is the only property in the 'Bolin Creek Basin no: included in the Transition Area. It at least includes a large majority of the excluded property which lies in the Bolin - Creek Basin. Furthermore, I believe that putting this property. to the residential use envisioned for the Transition Area would - be entirely compatible with the protection the Board is seeking for the Duke Forest area. As the Verner/Bernhard property drains away 'from Duke Forest properties, there should be no problems `( with from development activity leading to the � �._,.h erosion and runoff from Y g degradation of surface of endangered water habitats, threatened species and plant communities in the Duke Torest which was a major .expressed concern of the Administration and-the Planning Board. - I would also like to emphasize•,the questions raised by Commissioner Don Willhoit at the May 4th meeting with reference - to .a buffer consisting of those properties abutting Duke Forest. It would seem that such a provision would create a variable buffer depending on the depth of the respective properties - - abutting Duke Forest•, and would not be based on any planning need _c= the protection intended. . . . Please bring these matters to the attention of. the Planning Board . and other appropriate groups involved in the further study of this area to the end that the Board might deem it appropriate to - recommend- inclusion of my clients' property in, the Transition - Area as requested by the Town of Carrboro. • Marvin Collins . aune 18, 1967_ Page 3 - - 091 Thanking you in advance, I am, very truly yours, • MOORE & VA.11/(AJILEN Cr C- E. X. Powe ds:A-4 cc : Mr. James M. Verner • " •). • • ` ' 093 . _ �-- P.O.Box 337 ' . a r v ro C got west Main Street Carrboro,North Carolina 27510 F , N.C. (9191 46&7700 19191 942.6541 - V ?k.,rnz"x ka'iiy- s The following resolution was introduced by Alderman Tom Gurganus and duly seconded by Alderman Randy Marshall. A RESOLUTION REQUESTING ORANGE COUNTY TO AMEND ITS ZONING ATLAS AND JOINT PLANNING AREA LAND USE PLAN '� Resolution No. 37/87-88 WHEREAS, Orange County, the Town of Chapel Hill and the Town of Carrboro entered into a Joint Planning Agreement on November 2, 1987; and WHEREAS, Section 2.1b of that agreement calls for Carrboro to prepare a zoning map for the portion of the transition area that lies within the Carrboro Joint Development Review Area (CJDA) ; and WHEREAS , the Carrboro Board of Aldermen conducted a public hearing on February 23 , 1988 to consider alternative zoning proposals and to receive public comment regarding transition area zoning alternatives; and III WHEREAS , the Carrboro Board of Aldermen, as provided for by Section 2.1b of the Joint Planning Agreement , has voted to recommend the attached Alternative #3 for adoption by Orange County in the CJDA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. The Board hereby requests the Orange County Board of Commissioners to consider the attached Orange County Zoning Atlas amendment at its public hearing scheduled for April 13, 1988 and to take action as specified by Section 2.1 of the Joint Planning Agreement. Section 2. The Board further requests the Orange County Board of Commissioners to amend the Orange County Land Use Plan Map to show the location of and to provide a description of Transition Areas I and II for the Carrboro Joint Development Review Area (CJDA) as per the Joint Planning Area Agreement adopted on November 2, 1987. Section 3. The Board requests that the Orange County Commissioners maintain the Transition Area i boundary of Dairyland Road and Old N.C. 86 in Calvander, as presently shown on the Orange County Land Use Plan. Section 4 . The Board recommends that the Orange County Ell> Hoard of Commissioners adjust-the-Northern Transition Area II boundary to coincide more or less with the southern- boundary of the Duke Forest properties. 1 r • /094 411 • Section 5. The Board concurs with the University of North Carolina' s request to change the public/private open space land use designation shown on the Orange County Land Use Plan Map for the. ,UNC properties located in Transition Area I to a more appropriate land use designation. Section 6. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote , received the following vote and was duly adopted this 1st day of March, 1988 : Ayes: Tom Gurganus , Hilliard Caldwell , Frances Shetley , Jay Bryan Noes: Randy Marshall, Eleanor Kinnaird, Judith Wegner Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do 111 hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting of March 1, 1988 . Town Clerk _ . - 0 9., planning Board - - - 5 March 1, 1988 . It was determined that the Board could review this application at its April 5 meeting and still be within the Town's allotted time period for reviewing 'this type of application. - - - Motion: Mr. Francisco moved that the Planning Board refer the revised plans to • the Town staff. Ms. McLendon seconded the motion. • Vote: The motion passed by a vote of 7-0. _ • Proposed Changes-to-joint Planning Area Land Use'Plan; -Mr.-Weldon presented" a memorandum prepared by Orange County Planning Department Planner Gene Bell • which explained the proposed changes (see Attachment 5). These changes were - . -• scheduled for an' April- 13 public hearing at Culbreth Junior High School. :: The - -- . changes 'included those adopted November 2, 1987 by the Town's of Carrboro and:- ' Chapel Hill, and Orange County in the-Joint Planning Agreement; as well as •• • -' petitions submitted by citizens living in or near the Joint Planning Area. Mr. Weldon explained the proposed changes and answered questions from Board . .-: . members. . . ti:r. •r. rn _.. z 7,�.-.T..;. -:1.._ Vim.-`.r - .. , .. • :. ." _ .. . tf> , • . Motion: ='It'was moved and seconded that proposed changes 01-6, and #8•in the-- ': staff memorandum be recommended for approval. '•Vote: The motion passed 7-0. . . " • Motion: ' Mr. Francisco did not want to see proposed change 07 (designation of , - certain greenways as,recreational- trails) adopted." -His motion was not-.,'- •" seconded. . .. -r: . . .. : .. -,_' ...: • . . . : • r.: . ;. .'_ r„ . :_ . .. - - .. Motion: Ms�`McLendon moved'that the Planni Chapel Hill Planning Board: March 1, 1988 Attachment 5 ORANGE COUNTY PLANNING DEPARTMENT 096 306rP REVERE ROAD ' NORTH CAROLINA 27278 r . ; M. E-, M 0 R A N D,.0 M ; T0: i ` - " MEMBERS OFD THE CHAPEL HILL H I L L PLANNING BOARD, .,ii FROM: GENE BELL, PLANNER . 1 1 1 {,r..i3, ..- • , : RE: ,�'`;; PROPOSED" JOINT•. PLANN I NG..AREA. LAND USE PLAN MAP AND • TEXT CHANGES •_ : r DATE: FEBRUARY 19, 1988 . • '" A`- Joint,• P lann i ngi Pub ll c Hearing has been scheduled for . : April' 13, 19813"- at 7 :30`` p.m..Jn .. the Culbreth --•Junior - High -r . . '.•.School Auditorium. 'Among the .. items to be considered are :-. 4,-- proposed amendments. to the .Jot nt Planning Area Land , Use P-1 an_, _-- `�k -map and text. -The •proposed amendments come from two primary 1 sources:1, . - 4'• .. - - „ - - . , ' ' (1 ) . Provisions , contained . in the Joint Planning . . • . ,i, Agreement, adopted November 2, 1987 by the Towns of .: .. - Carrboro and Chapel , Hill -and the County of Orange;, ' and , . • h ` J • (2) Petitions submitted by, or on behalf of, citizens - • l iving in:.or_nearthe Joint. Planning Area. •r _ .• - Proposed map and text` amiendments to be considered on April 13' include the following: , , .. -. . ' • - (1 )_ Amending ; . th-e_Joint Planning .- Land Use. Plan map and text•., .to . ; • show the i ocat I on of and describe : Transition Areas I and I 1 for tine Carrboro Joint _ Development Review - Area (CJDA) as , per the Joint -: Planning Agreement adopted November 2, 1987 ; - (2) A . • petition from - the Stoneycreek ' Neighborhood . • ,J� _ Association for inclusion in the Rural Buffer; •� )- (3) A petition from E.K. Power representing property `11 owners to the Rural Buffer, to have the boundary of • 1 . . ' . - - - _ - 2 _ -__....— wt-ion Area 11 moved northward to include his III clients/ groperty; (4) A request from Randy Danzlger, a Calvander resident, to adjust the Transition Area 1 boundary to follow the western right-of-way line of Dairy- land Road and Old N.C. 86 In Calvander; (5) A proposed amendment to the Orange County LAnsi Ule Plan involving the Bingham Township component. The eastern portion of the township 1 $ In the Joint Planning Area and any amendment to the Joint Planning Area Land Use - Plan must be presented at Joint public hearing; . _ (6) A request from UNC on changing the Land Use Plan designation on the Horace Williams airport (and adjacent UNC properties) lands to Transition Area and Transition Area 1 ; and - - • (7 ) A proposed amendment to designate certain of the - greenways ' in the' . Joint " Planning Area " 'as Ejl> recreational trails. (8) Referring to (3) above, provision for a 100-foot buffer back from Duke Forest. - A brief discussion of these proposed amendments along with pertinent: documentation follows: • . ' 411 - MansIt'ion Areal, i an,d_11 (Map and text *imendments) . . : 4 These refer to transition areas in the CJDA. Transition • Area 1 refers to the Transition Area currently designated in the Carrboro portion of the Joint Planning Area. Transition Area 11 extends into the Bolin Creek Drainage Basin. There is currently a one lot separation between Transition Area 11 lands and Duke Forest tracts. Proposed zoning in Transition Area 1 will be compatible with densities contained in the adopted plan. Transition Area 11 densities cannot exceed one dwelling unit per acre until Transition Area 1 is 75% developed as specified in the Joint Planning Agreement. .S.I111.14h11Actumd Assoctatiqn (Map amendment) Residents of Stoneycreek have petitioned for Inclusion In the Rural Buffer. The Stoneycreek development contains 166 .5 acres and Iles on the north side of New Hope Church Road and east of N.C. 86. To accommodate the request, the Rural Buffer would have to be extended through the remainder of the Strayhorn property (the southern part of this property Is currently in the Rural Buffer) to provide a continuous link to the Stoneycreek development. El> E,X,_Epixe ,Petitlion (Map amendment) E.K. Powe• ,an attorney- rear-aseA-ting property owners in 4 i 3 i the Rural : Bu fifer has fl leda petition to have his clients' 98 property Va 4u4ed In -Transition Area iI . The properties In question e' i t buke Forest and there is currently a one- lot ( lot sizes and shapes vary considerably)' separation between, Duke Forest and properties designated Transition Area II . To address development impacts on Duke Forest, amendments to the Zoning Ordinance requiring' buffers between Transition Area II lands and Duke Forest would be required. candy panTlger Request (Map amendment) To address potential development impacts in the northern part of the Unlv.erslty Lake Watershed, Randy Danzlger has proposed that the narrow strip of Transition Area I south of Dalryland Road and west of Old N.G. 86 in Calvander be replaced with Rural Buffer which would extend to the right- of-way of the above-mentioned roads. The lots currently shown as Retail Trade on the adopted Joint Planning Area Land Use Plan Map would not be changed. Binnh,am_Iwnship Land Use pinn (Map amendment) No substantive changes are proposed in the Bingham Township portion of the Joint Planning Area. There are some minor changes which involve more tracts being designated as Agricultural Areas as well as some differences in the configurations of resource protection areas (due primarily to new base maps being used) . • tint a c e. W LL l i aml_A1 SIL 12LC-Lends (Map amendment) These lands are shown as Public/Private Open Space on the adopted Joint Planning Area Land Use Plan Map. UNC has requested that these lands be designated Transition Area or Transition Area i as appropriate to reflect future develop- ment plans of the University . The sixty acre tract of UNC land north of Homestead Road Is to be left as Public/Private Open Space. Breen . - _ (Map and text amendment) Greater definition of the greenways system to the Joint Planning Area Is desired as it relates to which greenways would eventually be developed as recreational trails. These trails would connect with those defined in the County' s Master Park Plan for areas outside the Joint Planning Area and with trails being planned or considered by the Towns of Carrboro and Chapel Hill . Protection of greenways not designated as recreational trails would be sought through restrictive covenants, conservation easements, and other similar methods. cc: Marvin Collins, Orange County Planning Director Roy Williford, Carrboro Planning Director I Board of Commissioners 5/4/17 Minutes 0 1 Commissioner Carey stated the importance of the Chair bLvinAS 2 an ex officio member of any group involving the three governmental units 3 stating that this -is a responsibility that goes along with being Chair. - 4 It *Was:lagtided that this recommendation would be reviewed atthr- ill first meetingIft-Incember. Commissioner Willhoit objected to the third recommendation stating 7 no need for this because no one has expressed an interest in talking about 8 extension of extra-territorial jurisdiction. 9 Chair Marshall emphasized that the issue was raised when talking 10 about the swap of extraterritorial jurisdiction and it became quite clear 11 that there was one view of this intergovernmental cooperation and that it 12 was a territorial issue. Disenfranchisment was brought forward several 13 times at the public hearing. She feels it important that the citizens . 14 understand that the Board is against moving people that are not in the 15 extra territorial jurisdiction into the extra-territorial jurisdiction and 16 that joint planning is the solution. 17 18 Motion was made by Commissioner Carey, seconded* by- Commissioner 19 Hartwell to instruct County members of the working intergovernmental group 20 to not consider, as a part of their deliberations, disenfranchisement of 21 county citizens through placing them in extra-territorial jurisdiction but 22 will emphasize and encourage intergovernmental cooperation to achieve 23 planning goals. 24 VOTE: UNANIMOUS. ' - . - ... . " . - - 25 . - _ . 26 Commissioner Willhoit suggested that a more formal mechanism be 27 - put in place to inform each other on the Board of the various happenings 28 on the different groups that each represent and Commissioner Halkiotis 29 suggested that- this be reviewed after the budget process. is_finished. 0 ill - ,..:,. . 2. - JOINT PLANNING , - IIOTT1 tIFtETIR=44011. 1=- : _ .. -: ' '- - .. ' - , 33 (21 BOUNDARY DESIGNATION - TRANSITION AREA/RURAL BUFFER • 34 ' 3 ORANGE COUNTY-c—BORO ZONING JURISDICTION BO DARY 35 , . . , ._ , , 36 Planning Board Chair Barry Jacobs presented the Planning Board 37 recommendation as stated below in the motion for approval. 38 ''.7 - , . 39 : , . Judith Wegner, member of the Carrboro Board,- stated that there is a 40 consensus on the Carrboro Board that the swap idea should not be pursued. 41 The Board agrees with the representation suggestion and she stated that 42 . the . legislation submitted provides for that representation. If the 43 Planning Board recommendation is adopted, the Carrboro Board will review 44 and ...provide - additional - comments' . if necessary. She.. emphasized that 45 . continued dialogue is very important. . • - _ . . 46 . . • Commissioner _ Willhoit referred to the two designations to be 47 established, for Duke Forest- He questioned the rationale for indicating 48 . that those properties abutting Duke Forest will be kept out""- of the 49 transition area and placed as part of the Rural Buffer. As part of the 50 Land Use Plan this property would have a buffer as it was developed. 51 . Collins indicated that the buffer would be a condition placed upon any 52 of the land developed along the Duke Forest line. 53 Don Epling, Associate University Counselor at Duke, stated that they 54 are in the process of studying the purposes and goals for the use of Duke 55 Forest land. He indicated that Duke does not object to any particula' iiiland use plan presented to date. The study will take into account he ) development may impact and how that fits in. 58 411 Mm. Pope spoke cn behalf of one-laf-the landowners who owns 90 acres of 59 land south of Duke Forest. He referred to a statement made in the Planning 1 7-k . ,. . 1 Board minutes which talked about the densities not being consistent with 2 the Duke Forest recommendations. - 3 Commissionemartwell questioned the land use designation for the 4 --niture landfilitp .and Collins indicated that it is property that is not 5 toned for a land use or a landfill but is a potential landfill site 6 Before the property could -be used as a landfill a special use permit would 7 have to be approved by the Commissioners. Commissioner Hartwell then 8 requested that the status of the property be more clearly shown on County 9 planning maps shown to the public. 0 1 Motion was made by Commissioner Hartwell, seconded by Commissioner :2 Carey to approved the Planning Board recommendation as stated below: 13 , . 141i (1) Approval of the Transition Area extension into the full' extent of the 15 :.oliii Creek basin eicce.t in Duke ForeiEiFiaFEFthose .ro.erties abuttin• 16 Duke Forest, and that two designations of Transition Area be established - 17 Transition I and II. Area I would include that area previously designated 18 for urban expansion. Area II would include the extended area. 19 !O - - Within Area I, densities from one to five units per acre !1 would be permitted. Within Area II, densities, would be !2 limited to one unit per acre until such time as Area I was at ?3 least • 75% developed; - (The Planning Board 'clarified "75% !if developed" to mean "developed or subdivided for _ development . . . . 5 . - ., at densities of - one' ' to five units per acre" .' Development !6 refers to land coverage and not 75% of the .residential units Z7 possible. ) ZS , . •• .- . -.: - - . . : , 'The . Planning Board fuither ' recommends that Cairboro and 30 ) '' --- ' chapel - Hill. . provide at least' one seat' on - their Planning 2 Amk - 31 :-':-- '“ " Boards- for representatives from the Transition * Area ' in, their 32 . Towns' respective spheres of influence or areas • of 33 jurisdiction. 34 . . _ . . 35 All of the above would' be contingent upon Carrboro supplying 36 ' a binding agreement that it would not seek to extend water 37 ' — ' ' . ' and sewer lines into University Lake Watershed prior to 38 completion of the OWASA carrying capacity study. 39 •.. 40 • ' (2) That boundary designations delineating Transition and Rural 41 - ' ' Buffer boundaries be established. 42 _ . . , - 43 . • • ' - ; (3) -: That an ' ' exchange of Carrboro zoning jurisdiction in 44 University Lake Watershed for Orange County zoning 45 jurisdiction in the Bolin Creek Basin not be pursued further. 46 VOTE: UNANIMOUS. 47 - . -.,.._ . 48 3 . DEER CROSSING PRELIMINARY PLAN 49 Planner Greg Szymik presented for consideration of approval the 50 Preliminary Plan for Deer Crossing which is located on the south side of 51 Old Greensboro Road (SR 1005) in Bingham Township. Six lots are proposed 52 out of 12.3 acres. The property is zoned Agricultural-Residential. The 53 Land Use Plan designation is identical. The Planning Board recommended 54 approval. 55 •\ . . 56 Jul Motion was made by Commissioner Hartwell, seconded by Commissioner. 57 Carey, to approve the Planning Board recommendation. _ . 58 VOTE: UNANIMOUS. 59 - • .. , p . - 101 . . ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 30. 1988 Action Agenda Item * ID- 1- cd SUBJECT: JOINT PLANNING AREA LAND USE PLAN - REDESIGNATION OF HORACE WILLIAMS AIRPORT AND UNC LANDS DEPARTMENT: Planning PUBLIC HEARING: _X_Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Vicinity Map Vice Chancellor Womack 2/12/88 Letter Carrboro Board of Aldermen TELEPHONE NUMBERS: 3/3/88 Resolution Hillsborough - 732-8181 Chapel Hill Planning Board Durham - 688-7331 3/1/88 Minutes Mebane - 227-2031 Chapel Hill Draft Interim Chapel Hill - 967-9251/968-4501 Land Use Plan 4111 PURPOSE: To consider a proposed amendment to the Joint Planning • Area Land Use Plan to change the designation of Horace Williams Airport and adjacent University of North • Carolina lands from "Public-Private Open Space" to "Future UNC Development". BACKGROUND: When the Joint Planning Area Land Use Plan was adopted on August 19, 1986, and subsequently amended on October 13, 1986, the University of North Carolina lands extending beyond the Chapel Hill and Carrboro extraterritorial jurisdiction boundaries were designated as "Public-Private Open Space". The status of the UNC holdings was uncertain at that time, and the Joint Planning Area Land Use Plan suggested that all or portions of the land be secured for recreational purposes if the use; i. e. , Horace Williams Airport, changed. The Chapel Hill Interim Land Use Plan, in preparation at the same time as the Joint Planning Area Land Use Plan, designated the site as "University" or lands owned by the University of North Carolina. The text indicated that a long-term goal was the relocation of Horace Williams Airport. In the event that should 411 occur, the site was considered desirable for expansion of the UNC campus; i. e. , a "second campus" concept. • 102 . • 411 The inconsistency in the two Land Use Plans was recognized during the development of zoning plans for the Transition Areas. The University was subsequently contacted to determine its position with respect to the site, and Vice Chancellor Farris Womack responded, requesting a Land Use Plan designation more suited for the future use of the property for institutional purposes. The proposed designation of "Future UNC Development" recognizes the potential of the site for campus expansion and other institutional uses, providing the airport is relocated. The designation is also consistent with the Chapel Hill Land Use Plan. At its March 1, 1988 meeting, the Chapel Hill Planning Board voted to recommend approval of the proposed change. At its March 3, 1988 meeting, the Carrboro Board of Aldermen approved a resolution which stated concurrence with the UNC request that a more appropriate land use designation be provided. RECOMMENDATION: The Orange County Planning Staff recommends approval of 411 changing the designation of Horace Williams Airport and adjacent UNC property from "Public-Private Open Space" to "Future UNC Development". Following conclusion of the public hearing, the matter should be referred to the governing boards of the Towns of Chapel Hill and Carrboro for decision, and the Orange County Planning Board for a recommendation. A proposed schedule for consideration is as follows: Chapel Hill Town Council July 11 Carrboro Board of Aldermen July 12 Orange County Planning Board July 18 Board of County Commissioners . August 16 • • . , _ , , 1 .t03 . I rem, ilECI-1°G80 - • - = =- THE UNIVERSITY OF NORTH CAROLINA I — -- CHAPEL HILL Office of Business and Finance The University of North Carolina at Chapel Hill Suite 300,South Building 005A . Chapel Hill,NC 27514 February 12, 1988 Mr. Gene Bell Orange County Planning Department Post Office Box 8181 Hillsborough. North Carolina 27278 • . • Dear Mr. Bell: It has come to my attention. through conversations with members of my staff and the Carrboro Planning staff and yourself, that the Horace Williams Airport tract owned by the University has been designated in the proposed joint Land Use Plan as public/private open space. It is understood that this is also the 411 designation of the Duke Forest Lands. While such a designation may be appropriate for the Duke Forest Lands and for the University Lake watershed, the University does not feel that it is an appropriate land use designation for the Horace Williams Airport tract. The-Horace Williams tract is divided into two parcels separated in a North South direction by the railroad and Sewell School Road. The land east of this division contains the airport and is currently zoned by the Town of Chapel Hill as office institutional-2 and office institutional-3. For so long as the University must operate the airport, there will be little development of this land. However, if the- University is able to close the airport, the development of this tract of land for institutional purposes will be attractive. The University feels that any land use plan should recognize the potential for development of this tract of land. The land west of the railroad and Sewell School Road, while different in character from the airport property, also has an excellent potential for development. We believe that the designation of this land as open space is inappropriate in light of the development potential. . Your consideration of changes in the land use designations of the Horace Williams Airport property to recognize these development potentials is appreciated. 41) . - 04 . _ - - .. - . Mr. Gene 3e - February 12-03-49113-8; Page 2 III If you would like to discuss this matter further, please be in touch with Mr. C. Eugene Swecker or Mr. Gordon R. Rutherford of my staff. Sincerely, A.,-,ris W. Womack 4ity, y4.4 Vice Chancellor for Business & Finance reh/a4105 cc: Mr. C. Eugene Swecker Mr. Gordon H. Rutherford Ms. Ann Weeks Mr. Roger Walden 410 .. -- - - ._ - 410. ____ ___ 4 . , i [ ••. ..-. •trl :Y__.s.:• , •. , - " '..- •'.:' •--•. .- ..•, •,:. ••:-,1.7.--.4".111---.:-.•,.. ,.., '.", ..r ' ' I:" . ... : •- . -- -- -•..,.- .- .-.-' -1.,--:-... '"-.---:-..-,--r".. :-,,,',• '•• -- " • •;■ • - - " ,'"• - '--'-•----.-: •--.:::.--'.-.-.,c• - .. j- ...---""*"• • .':. ', a II .° filik --- "---"7. 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P I. -' .6 lk • i \ /1.1 o da. d ! , o, - ‘ ,-" - / 40 osa s s x k. / °el Rd :) '4,•••f•... 1 iey 7 ...1 -1 ....,__ IF • 434' I i ilia. 4S6 S c) i ca al. ../P • < ' Lt cr !z .. 0 1 4 4 .....- • . = • c• ...". .14 i , . •m.•••■■*,/•■•ow•...•'.' . o do'•10' ,..........--- .1 I ....."' .......1••• A • •••••■■•1•1••■••ow.gow.....ra•0.••■•■••■••• • '... ... +•,.... :1•.''./:... ' '''''''." .'*.''.. '''. CHATHAM Go" N _ Chapel Hill, N.C. DRAFT INTERIM LAND USE PLAN April 29, 1986 III RETAIL COMMERCIAL '',..:,:: INSTITUTIONAL CONCEPT MAP . ....•.:,.. 11111/ NON-RESIDENTIAL IIIII OFFICE , :.;:t„.* MANUFACTURING/ AREAS ASSEMBLY VAUNIVERSITY A large scale, detailed map may be viewed in the Chapel MI Planning Dept. .01111111111111101=1■11111111111■11■11111i • 107• _ _ P.O.Fitex 337 arTb- -Oro Carrboro. a 301 West Main STreet North Carha 27510 (9191 968-7700 f 9191 542-8541 • The following resolution was introduced by Alderman Tom Gurganus and duly seconded by Alderman Randy Marshall. A RESOLUTION REQUESTING ORANGE COUNTY TO AMEND ITS ZONING ATLAS AND JOINT PLANNING AREA LAND USE PLAN Resolution No. 37/87-88 WHEREAS, Orange County, the Town of Chapel Hill and the Town of Carrboro entered into a Joint Planning Agreement on November 2, 1987; and WHEREAS, Section 2.1b of that agreement calls for Carrboro to prepare a zoning map for the portion of the transition area that lies within the Carrboro Joint Development Review Area (CJDA) ; and WHEREAS , the Carrboro Board of Aldermen conducted a public hearing on February 23 , 1988 to consider alternative zoning proposals and to receive public comment regarding transition area zoning alternatives; and WHEREAS , the Carrboro Board of Aldermen, as provided for by 410 Section 2.1b of the Joint Planning Agreement , has voted to recommend the attached Alternative #3 for adoption by Orange County in the CJDA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1 . The Board hereby requests the Orange County Board of Commissioners to consider the attached Orange County Zoning Atlas amendment at its public hearing scheduled for April 13, 1988 and to take action as specified by Section 2.1 of the Joint Planning Agreement. Section 2. The Board further requests the Orange County Board of Commissioners to amend the Orange County Land Use Plan • Map to show the location of and to provide a description of Transition Areas I and II for the Carrboro Joint Development Review Area (CJDA) as per the Joint Planning Area Agreement adopted on November 2, 1987 . Section 3 . The Board requests that the Orange County Commissioners maintain the Transition Area I boundary of Dairyland Road and Old N.C. 86 in Calvander, as presently shown on the Orange County Land Use Plan. 110 Section 4 . The Board recommends that the Orange County Board of Commissioners adjust the Northern Transition Area II _ boundary to coincide more or less with the southern boundary of the Duke Forest properties. . , 411 - - , Section 5. The Board concurs with the University of North Carolina' s request to change the public/private open space land E)1> use designation shown on the Orange County Land Use Plan Map for the UNC properties located in Transition Area I to a more appropriate land use designation. Section 6. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote , received the following vote and was duly adopted this 1st day of March, 1988: Ayes: Tom Gurganus, Hilliard Caldwell , Frances Shetley, Jay Bryan Noes: Randy Marshall, Eleanor Einnaird, Judith Wegner Absent or Excused: None 1, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a 411 resolution adopted by the Carrboro Board of Aldermen at its meeting of March 1, 1988. Cie 7.,(aki ei- edataw.4(AV1/4---) Town Clerk il. • . .. _ . _ . . _ Planning Board . - - 5 March 1, 1988 . . . ;.-.--, - ger . Aft. - .... _ . . It was determined that the Board could review this application at its April 5 meeting and still be within the Town's allotted time period for reviewing this type of application. - . . Motion: Mr. Francisco moved that the Planning Board refer the revised plans to • the Town staff. Ms. McLendon seconded the motion. . Vote: The motion passed by a vote of 7-0. • . , , Pro.osed Chan:es•to-joint Plannin: Area Land Use' Plan:, 1Mr.-Waldon presented' a l F1\ memorandum prepared by Orange County Planning Department Planner Gene Bell ;. - : 177/ . which explained the proposed changes (see Attachment 5). These changes were scheduled for an-April 13 public hearing at Culbreth -Junior High School. 2, The .- -. changes included those adopted November 2, 1987 by the Town's of Carrboro and;: [ Chapel Hill, and Orange County in the'joint Planning Agreement; as well as • -- - ' -' petitions submitted by citizens living in or near the Joint' Planning Area. . : - Mr. Weldon explained the proposed changes and' answered questions from Board members. . . . . . :._2 Motion: 1,1twas moved and seconded that proposed changes 01-6, and 11$ in the; jz-- . ...__— staff memorandum be recommended for approval. ,% 11 _ . . • -%Vote: The motion passed 7-0. . ' • - . . . . III . Motion: Mr. Francisco did not want to see proposed change 07 (designation of . certain greenways as,recreational trails) adopted.' - His motion was not seconded. - 1':-. - -- - -, :. : - - -: • '- .7..ni; • • - ..., ._- Motion: Ms." McLendon moved-that-the Planning Board recommend adoption of . change 07. Mr.- Credle seconded the motion. • • : - - • . . Vote: The motion passed 6-1 with'Mr.- Francisco voting against the motion. • - - - The Board discussed greenways and recreational trails and their effects on . . adjacent property. . .... - - - • - . It was suggested that maintenance personnel not use leaf blowers to clear recreational paths, because removing the leaves might promote erosion. • ,-- . . Guidelines for Extending Construction Start Dates: The Board reviewed a-staff memorandum suggesting guidelines for reviewing requests for time extensions. ... Motion: Ms. White moved that the Board adopt these guidelines and add them to the Board's Rules of Procedure. Mr. Guild seconded the motion. Vote: The motion passed by a vote of 7-0. Meeting Date Changes III Because of the July 4th holiday, the Council would be meeting on July 5th. Therefore, the Planning Board agreed to reschedule its July 5th meeting to . _ _ Tue§criy, July 12. - . . _ ' -I_�u i - -� 3 the Rural $* .fer has filed a petition to have his clients' property fcl.gde.d in 'Transition Area 1 1 . ' The properties in question abut Duke Forest and there is currently a one- lot ( lot sizes and shapes very considerably) separation between Duke Forest and properties designated Transition Area 11 . To address development impacts on Duke Forest, amendments to the Zoning Ordinance requiring buffers between Transition Area II lands and Duke Forest would be required. gp,ndy Danzlger Request (Map amendment) To address potential development impacts In the northern part of the University Lake Watershed, Randy Danzlger has proposed that the narrow strip of Transition Area I south of Dairyland Road and west of Old N.C. 86 in Calvander be replaced with Rural Buffer which would extend to the right- of-way of the above-mentioned roads. The lots currently . shown as Retail Trade on the adopted Joint Planning Area Land Use Plan Map would not be changed. BIZZhAM_TQKnship Laid Use Plan (Map amendment) . No substantive changes are proposed In the Bingham Township portion of the Joint Planning Area. There are some minor changes which involve more tracts being designated as Agricultural Areas as well as some differences in the . configurations of resource protection areas (due primarily to new base maps being used) . III tv }j„..D„ W i I 1 Iaml_A1LRQrt/UNC. Lands (Map amendment ) [11> , . These lands are shown as Public/Private Open Space on the adopted Joint Planning Area Land Use Plan Map. UNC has . requested that these lands be designated Transition Area or Transition Area I as appropriate to reflect future develop- ment plans of the University. The sixty acre tract of UNC land north of Homestead Road is to be left as Public/Private Open Space. areenxays/Recreational Trails (Map and text amendment) ' Greater definition of the greenways system in the Joint Planning Area Is desired as It relates to which greenways would eventually be developed as recreational trails. These trails would connect with those defined in the County' s Master Park Plan for areas outside the Joint Planning Area and with trails being planned considered Carrboro and Chapel Hill . designated as recreational trails would be sought through and other restrictive covenants, conservation easements, . similar methods. cc: Marvin Collins, Orange County Planning Director Roy Williford, Carrboro Planning Director • 1_ L - ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3�0 , 1988 Action Agenda Item .1).- e dr- SUBJECT: AMENDMENT TO THE LAND USE ELEMENT, ORANGE COUNTY .D.r!.0. COMPREHENSIVE PLAN- DRAFT BINGHAM TOWNSHIP LAND USE PLAN DEPARTMENT: Planning PUBLIC HEARING: X_Yes No ATTACHMENT[S] : INFORMATION CONTACT: Brad Torgan Draft Plan Text Comparison Sheet of 1981 Plan with Amended Plan Map of 1981 Plan Citizen Survey Results Bingham TAC minutes - November 4, 1987 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed amendment to the Land Use Element of the Orange County Comprehensive Plan, Section 3. 11 - Bingham Township. The proposed amendment addresses changing land use and population patterns in the Township. The amendment is treated as two separate items in the agenda because a portion of the Township lies within the Joint Planning Area. For presentation purposes, however, the amendment is treated as a single entity. BACKGROUND: The Orange County Board of Commissioners adopted the current Land Use Plan, now the Land Use Element of the Comprehensive Plan, for the County in September 1981. As part of the ongoing process of refining the Plan, the Commissioners specified a five year plan update schedule upon adoption of the original Plan. The Bingham Township Plan amendments continue a process that began with revisions to the Little River Township Plan in 1981 . • I. 112 • _ _ 411 Considerable effort has been made to inform and involve as many of the Township's residents as possible, as well as other interested parties, in the process of updating the Plan. Since the reactivation of Township Advisory Councils (TACs) on a County wide basis in March 1986, fourteen TAC and public information meetings have been held in Bingham Township dealing with the Plan, update and other land use issues. The Planning Department has compiled and analyzed data on soils, topography, hydrology, land use, transportation, and public safety in the study area. This information, in part, provides the basis for identifying planning issues and concerns in the area. The overriding concerns are growth and water quality. Major differences between the 1981 and 1987 Bingham Township components of the Land Use Element are summarized on the following sheet. On November 4, 1987, the Bingham TAC endorsed the Bingham Township component as recommended by Staff. One addition, to reclassify a Duke Forest tract as Public Interest District in order to create consistency 411 with other Township components, has been made since that time. RECOMMENDATION: The Planning Staff recommends approval of the amended text and map and incorporation into Section 3.11 of the Land Use Element, Orange County Comprehensive Plan. The Planning Board will prepare a recommendation on the Plan amendment at its July 18, 1988, meeting. The Board of Commissioners will consider the proposal on August 16, 1988. 411 _ _ 113 - 411! - - MAJOR DIFFERENCES BETWEEN D 1987 LAND USE PLANS FOR HEM TOWNSHIP Household Size and Housing Stock Added to 1987 Plan Circulation The 1981 Plan simply describes the road system in the Township. The 1987 Plan places greater emphasis on circulation patterns and traffic volumes on arterial and collector roads . Proposed Cane Creek Reservoir The 1987 plan deletes this section. Issues concerning Cane Creek are now incorporated into the body of the plan. Cultural and Natural Resources Added to the 1987 plan. Existing Land Use Added to 1987 plan. Development Trends Added to 1987 plan. Focuses on building and subdivision activity and the effects of the Rural Buffer on outlying areas of the Township. Organising Concepts Adds that protecting water supply watersheds should not be solely at the expense of watersheds that are not part of a public drinking water supply. Projections All projections are revised upward in the 1987 plan. Distribution 1) Two new categories are added for portions of the Township outside the Joint Planning Area, Resource Protection Areas and Agricultural Areas (These areas were added to the portion of the Township in the Joint Planning Area in 1986) . 2) The activity nodes at Haw River and Frog Level have been deleted. 3) The activity Node at Oak Grove has been moved outside the Cane Creek watershed. 4) The Dodsons Crossroad tract of Duke Forest has been reclassified from Agricultural Residential and Rural Buffer to Public Interest District. _ - -. . t. f 114 . _ _ .... _ • - _ • _ _ - • _ ....„.......... . . •• I , . A.....L,Nnoo EsNeU C3 • , , . 1 l•'‘, 0 • ,, I .......*" i: I ' I "i,./7,77:1,T=..7"--..........,......, . U.3 „fl, ,1•... t .I r r._,,...., • , i . . -, • 8 - I . x i'',,.' 1,—..-4 - -• .. .-•:- , ..-_,_.-- 4"i• "*., ' ;•--- - - • U . " 1 r'''. ,--- . .. '-. 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Due to its proximity to Chapel Hill and Carrboro urban growth has begun to exert a significant pressure on the rural character of the township. These pressures are likely to continue throughout the plan period. Concerted growth management efforts will be required to minimize resulting adverse impacts. Socio.Economic Features The 1980 U.S. Census reported that 3,854 persons lived in Bingham Township, up from 2,379 residents ten years earlier. The average annual growth rate during the decade of 5.21% per year was the highest of any Township in the County and one and one-half times that of the County as a whole. That growth rate translates into a doubling of the population every fourteen years. The high growth rate in the Township has shown no sign of abating. Since 1980, the population has continued to grow at over 5% per year, reaching an estimated 5,502 residents in 1987. This represented 5.5% of the total County population. While Little River Township's growth rate since 1980 has exceeded that of Bingham Township, the growth rate for Bingham Township is still greater than one and one-half times the county as a whole. In 1980, Bingham Township was only the fifth most populous of the County's seven township. By 1987, though, it had moved to third, surpassed only by Hillsborough and Chapel Hill. The primary economic activity in Bingham Township is agriculture. Forty-five percent of the county's dairy operations are located within its boundaries. Development pressures on this sector is of major concern to Township residents. 411 3:11-1 • t _ 110 Land Use Distribution and Infrastructure The predominant land use in Bingham Township is agricultural, with limited low density commercial and rural residential development scattered throughout. The proximity of the township, however, to the expanding towns of Carrboro and Chapel Hill represents a growing source of development pressure. NC54, which runs east-west across the central portion of the township, functions as a connecting link between Bingham Township and Chapel Hill/Carrboro to the east and Burlington/Graham to the west. This corridor and its intersections provide a visible demonstration of the increasing impacts resulting from the urbanization in adjacent townships. Commercial uses locating along this route, particularly in areas closest to the towns, elicits concern about the potential for strip development. The Township's accessibility not only to Chapel Hill and Carrboro but also to Durham and Research Triangle Park is attracting new rural non-farm development. In 1985 Bingham Township accounted for 20% of all new housing unit permits and 13% of all building permits issued by the county, while accounting for less than 12% of the County's population outside the jurisdiction of Chapel Hill and Carrboro. It is apparent that development activity in the township is disproportionately high in comparison with the existing population. These trends are a matter of concern to Bingham Township residents. As with many rural residents of the county, this new growth is perceived as a disquieting element to those who have chosen a rural residential or agricultural lifestyle. Cane Creek Reservoir has created a very specific focus for this concern. It pinpoints the conflict between two valuable and necessary land uses; agriculture, an income producing and life supporting land use; and a drinking water supply impoundment, also a life supporting land use. The resolution of land use issues facing Bingham Township need to be addressed in a manner which balances all competing uses in a way, that least disrupts current residents and land use patterns and most enhances the public benefits gained by all residents of the county. The township is not currently served by pubic sewer and water systems. It is not anticipated that such service will be provided during the twenty year plan period. 3.11-2 1-.1 7 Household Size and Housing Stock The housing stock of Bingham Township in 1980 consisted of 1,660 units. Seven years later that number had increased almost 40% to an estimated 2,309 units. Manufactured housing accounted for 49% of the increase and multi-family housing, mostly duplexes, accounted for another 3%. Overall, site built single family housing makes up 63% of the Township's housing stock, while mobile homes make up most of the rest. Multifamily units account for less than 1% of the housing units Township-wide; most of these are duplexes. Ownership is the primary form of tenure in the Township. Slightly more than three-quarters of the homes in Bingham Township are owner occupied. Bingham Township has followed the state and national trend of gradually declining household sizes. The average Bingham Township household had 3. 10 persons in 1970, a figure that dropped to 2.38 in 1980. Bingham Township has the 411 smallest average household size of any township in Orange County. Circulation A modified version of the North Carolina Highway Functional Classification System has been used to describe the road network in Orange County. This system describes segments of the road network based on mobility and access factors. The most important roads, Interstate and arterial highways, provide the best service and shortest travel time to and from important activity centers. Roads of lesser importance, collector roads, do not provide as good a service function, but provide an area with access to the major roads. The least important roads, local roads, function in the most limited service capacity, but in the aggregate provides large land areas with access to more important roads and highways. The major arterial in Binghan Township's road network is NC54, which provides the primary east-west connection between the urban areas of Chapel Hill/Carrboro and Burlington. Two other important east-west routes are the arterial road Old Greensboro Road (SR1005) and the collector road Dairyland Road (SR1177) . 3. 11-3 118 410 The north-south routes are more numerous but, on the whole, provide a lower level of service. They include the collectors Orange Grove Road ($R1006) , White Cross Road/Butler Road (SR1951) , Dodsons Crossroads (SR1102) , Mebane-Oaks Road (SR1007) , Crawford Dairy Road/Orange Chapel Road (SR1956) , Oak Grove Church Road (SR1177) , Mt. Willing Road (SR1120) and Morrow Mill Road (SR1958) . All other roads provide a local level of service. The objective of any component of a transportation system, such as a street or a highway, is to accommodate a specific amount of traffic while providing the operator with a specified level of service. A level of service 'C' is frequently used as an appropriate criterion for highway and street design purposes and is defined by the North Carolina Department of Transportation as a zone of stable flow with speed and maneuverability more closely controlled by higher volumes. Levels of service range from 'A, ' which is a condition marked by low volume and high speed, to the forced flow operation at low speeds that marks an 'F' level of service. Traffic on Bingham Township collector roads is well within capacities that allow for a relatively free flow of traffic. The same holds true for Old Greensboro Rd. and NC54, 411 the two arterial roads that run through the Township. The capacity of the Township's collector roads, given a 55 miles per hour speed limit and a level of service 'C' , ranges from 2205 vehicles per day (vpd) on Dairyland Road to 2580 vpd on Orange Grove Road. For Dodsons Crossroads and Mebane-Oaks Road the capacity is approximately 2445 vpd. The estimated two-way daily traffic counts for 1987 are well within these capacities; 1940 vpd for Dodsons Crossroads north of NC54; 1400 vpd for Mebane-Oaks Road in Cheeks Township; 640 vpd on Orange Grove Road north of NC54, and; 360 vpd on Dairyland Road between Orange Grove Road and Dodsons Crossroads. For the collector road with the highest volume, Dodsons Crossroads, decreasing the speed limit to 45 mph would increase the capacity to 6100 vpd, more than triple the current volume. The traffic counts on NC54 in 1984 were 6000 vpd east of Orange Grove Rd. and 8400 vpd west of Bethel-Hickory Grove Church Road. With a level of service 'C' these volumes are greater than the capacity at 55 mph of 4050 vehicles per day, but lower than the capacity of 10,125 vehicles per day at 45 mph. What this means is that, while tolerable operating speeds can usually be maintained, changes in operating S - - 11.9 - conditions will have a considerable impact. The 1987 estimated traffic count on the Township' s other arterial, Old Greensboro Road, was 1400 vpd, placing it well within the level of service 'C' capacity at 55 mph of 2580 vpd. NC54 and Dodsons Crossroads have seen the sharpest recent volume increases on Bingham Township roads. Between 1980 and 1984 two way traffic on NC54 increased from 4600 vpd to 6000 vpd east of Orange Grove Road and from 4700 vpd to 8400 vpd west of Bethel-Hickory Grove Church Road, increases of 30% and 79%, respectively. Between 1983 and 1987 the traffic on Dodsons Crossroads north of NC54 increased by an estimated 50% from 1300 vpd to 1940 vpd. Of the local roads in Bingham Township, three have volumes of over 250 vehicles per day, Jo Mac Road, Ford Road, and Ferguson Road. The stated policies of the Land Use Plan include encouraging infill development, preserving the agricultural characteristics of the rural townships, and decreasing development pressures in environmentally sensitive areas such as the University Lake and Cane Creek Watersheds. As such, the construction of new transportation corridors, such as a "Southern Loop" by-pass of NC54, into and through Bingham Township is to be discouraged. Agriculture While Bingham Township is one of the fastest growing townships in the County, it is also the most agriculturally productive. The Township's dairy operations alone account for between 15-20% of the County's entire agricultural revenue. Beef cattle, corn, and small grains are other important commodities raised and produced in Bingham Township. In terms of revenue produced, dairy production is far and away the leading agricultural commodity in Orange County. During 1985 the County's dairies produced almost 70,000,000 lbs. of milk and sold dairy animals which returned a gross income of $11,850,000. This amounted to 44% of the county's entire farm income and doubled that of tobacco, the County's second leading commodity. Orange County ranks sixth ong North Carolina's 100 counties in terms of dairy production. The center of Orange County's dairy production is Bingham Township. Twenty of the County's forty-four Grade A 3.'11-5� 120 410 dairies are in Bingham Township, maintaining approximately 1800 milk cows . Fifteen percent of the County's beef cattle are also located in Bingham Township. The leading crops in Bingham Township are corn and small grains. Approximately 7500 acres in the Township are devpted to these two crops, representing almost one-half of the corn and small grain acreage in the County. Much of this is used as feed for livestock. Like many other rural areas within a relatively short travel time of an urban center, Bingham Township has seen a long term and steady trend of farmland conversion. From 1955 to 1977, the year the North Carolina Crop and Livestock Reporting Service discontinued township farm acreage counts, Bingham Township idle and harvested cropland dropped 1450 acres, 11% of the township total. Virtually all the drop occurred in cropland, while pastureland remained unchanged (Table 3- ) . Since 1977 anecdotal evidence combined with high residential growth rates lead one to believe the trend is continuing. Bingham Township acreage enrolled in the Orange County use value taxation program, however, which allows property to be taxed according to farm use rather than the higher market value, increased by 41% from 1981 to 1986. This does not mean, though, that farm acreage is increasing in the Township. The program is relatively new, dating back to 1981 in Orange County, and enrollment in the program increases as knowledge of the program becomes more widespread. Other factors would seem to reinforce the notion that the program is being used a means of protecting existing farmland from encroaching development rather than to put new farmland into production. Some of the areas in the Township with the highest increases in land enrolled in the program are also areas of high development activity. Additionally, the size of an average Bingham Township parcel enrolled in the program has steadily declined since 1981. This would seem, to indicate that smaller landowners, who previously might have thought that the reduced tax burden was not worth the paperwork or regulation involved, may have changed their minds in the face of higher assessments and the widening gap between use and market value. The 1985 assessed market value of Bingham Township property enrolled in the program was 84% higher than use value. What this means in dollar amounts is that, on the average, a fifty acre parcel of land enrolled in the program would have an assessed value of $69,250 less than 3. 11-6 _ 121 if it were not enrolled in the program. The pressures resulting from urbanization, such as farmland conversion, will continue to adversely affect Bingham Township farm operations. Even though 1-40 does not pass through Bingham Township, its completion will shorten commuting times from much of the Township to Durham and RTP. Livestock operations, in particular, are vulnerable to development. Dairy farming is subject to increased environmental regulation as surrounding population density increases. Nuisance complaints from non-farm residential areas are often directed at dairies and other farms which have large numbers of livestock. Additionally, the large capital investment necessary for dairying. makes any relocation due to surrounding development pressures both very difficult and expensive. TABLE 3- BINGHAM TOWNSHIP FARMLAND TRENDS, 1955-1977 Acreage - 1955 1977 Change %Change 4 TOTAL CROPLAND 8,691 ac. 7,319 ac. -1,381 -15.9% TOTAL PASTURE 4,491 ac. 4,418 ac. -73 -1. 6% TOTAL FARMLAND 13, 182 ac. 11,728 ac. -1,454 -11.0% Source: North Carolina Crop and Livestock Reporting Service Natural Environmental Constraints Bingham Township contains the following natural constraints to development activity: floodplains, water supply watersheds, steep slopes, and poor soil conditions. FLOODPLAINS: There are approximately 3800 acres of flood prone land in Bingham Township, slightly less than 8% of the Township's total area. The majority of the acreage lies along Cane Creek and its tributaries, Collins Creek, and the Haw River. The width of the floodplain along these waterways rarely exceeds 500 feet from the center. Smaller amounts of floodplain exist along Terrell's Creek, Phil's Creek, and 122' 410_ - Morgan Creek. WATER SUPPLY WATERSHED: There are two water supply watersheds within Bingham Township. Approximately 28% of the University Lake watershed extends into the eastern portion of the township, encompassing 5,385 acres, 11% of the township's total area. The Cane Creek watershed consists of 20, 160 acres, most of the western and central portions of the township. The Cane Creek watershed acreage amounts to 41% of the township's total area. STEEP SLOPES: Steep slopes, those greater than 15%, are a limited constraint, occuring primarily in four areas of the township; along the Haw River; along Cane Creek, both north and south of NC54 and along its tributaries; in the extreme southeastern portion of the township at Terrell's Mountain; and in ,the east-central portion of the township at Pickard's Mountain. This last area is at the headwaters of Morgan Creek. SOILS: Most of the soils in Bingham Township are adequate for urban land uses. Three soils associations are present in the township, however, that present limitations to building and development activity. 411 The central portion of the township east of Cane Creek is characterized by soils of the Lignum-Enon-Orange association. The, heavy clay content of these soils creates absorption and shrink-swell problems. Similar problems exist with the soils of the Appling-Helena association found in the southwestern part of the township. Tatum, Wedowee, and Goldston soils can be found throughout the township. They tend to be identified with stream valleys and moderate to steep slopes. These soils are generally ill- suited to urban uses, especially those requiring extensive grading. Cultural and $atural Resources Certain areas within Bingham Township possess unique or exemplary natural and physical characteristics that are of great value. This value may not necessarily be monetary. It may also be educational, biological, cultural, spiritual, or of value to the planning process. Three sites in Bingham Township are home to flora and 411 3. 11-8 . _ _ - 123 _ . - fauna identified by the state as species of special concern; the Carolina Darter, in Cane Creek near SR1115; the Red Shouldered Hawk, near SR1956 and SR1005; and the plant Atlantic Isopyrum, at the northern end of Cane Creek Reservoir. A species of special concern is one is faced with major habitat loss in the county, exists in small populations, or the target of exploitation. In addition, two exemplary plant communities, at Pickards Mountain and Crawford Mountain, have been identified. Bingham Township is historically one of the wealthier rural townships and its past has been well documented, in part, so that knowledge about historically and structurally important sites innundated by Cane Creek Reservoir would not be lost. Six mill sites on Cane, Turkey Run, and Tom's Creeks have been identified and date back to the eighteenth century. The North Carolina Division of Archives and History has identified six buildings in the township as architecturally and/or historically significant. One building complex, the Bingham School at Oaks, is listed in the National Register of Historic Places. There are thirty recorded archeological sites in Bingham Township. Approximately half, however, will be innundated by the completed Cane Creek Reservoir. 410 The spiritual and community life of the township is served by its ten active churches and additional community buildings. Many, such as Cane Creek Baptist Church and Bethlehem Presbyterian Church, serve as the nucleus of stable and long standing rural communties. Existing Land Use The , township's 48,900 acres can be broken down into the following categories: Agricultural: 21,030 acres, 43.0% of township Residential (0-5 ac) : 1,435 acres, 2.9% of township (5.1-10 ac) : 140 acres, 0.3% of township Commercial/Industrial: 180 acres, 0.3%. of township Institutional: 90 acres, 0.2% of township Drinking Water Supply: 755 acres, 1.5% of township Vacant/Other: 25,270 acres, 51.6% of township Figure 3- denotes this graphically. 410 _ 3.11-9 124 - - - • • - 1110 Figure 3- EXISTING LAND USE Bingham Township Other* 51.''% "'Art Reservoir 1.5X 1 Residential 3.2X Agricultural*4' 43.0X • *include,undeveloped 'miler-ludas managed forest Of the township's total acreage, 25,545 acres are located within the Cane Creek and University Lake water supply watersheds. Land uses within the watershed fall into the following categories: Agricultural: 9, 610 acres, 37. 6% of watershed Residential (0-5 acres) : 570 acres, 2.2% of watershed (5 .1-10 acres) : 80 acres, 0.3% of watershed Commercial/Industrial: 125 acres, 0.5% of watershed Institutional: 30 acres 0.1% of watershed Drinking Water Supply: 755 acres 3.0% of watershed Vacant/Other: 14,375 acres 56.3% of watershed Development Trends Every indicator of growth points to Bingham Township as continuing to be one of the fastest growing areas of Orange County. Since 1970 the Township's population has grown at an average rate of 5.06% annually, one and one-half times the county rate of 3.26% per year. In 1980, Bingham Township was the fifth most populous of the County's seven townships, . _ - - 3. 11-10 i25 411 surpassing only Cedar Grove and Little River. From 1980 to 1987, though, the 417 newly subdivided lots were more than in any other township except Hillsborough and Chapel Hill. These new lots involved nearly 1400 acres. Only in Chapel Hill Township did the number of new subdivisions exceed the 160 created in Bingham Township. More importantly, the pace of development in Bingham Township has been consistent, with no major peaks or valleys in activity. Building activity did decline somewhat during the recession of 1981-82, but the decline was not major. While new development has affected all areas of the Township, a disproportionate amount has located in the eastern portion. The area east of SR1951 (Butler Road/White Cross Road) and SR1952 (Dodsons Crossroads) contains 25% of the Township' land area. From 1980-1987, though, this area accounted for half of Bingham Township's newly subdivided lots and land area involved in subdivisions. With the 1987 implementation of the "Rural Buffer" and imposition of more stringent land use controls on the the New Hope Creek and University Lake Watersheds, many Bingham Township residents feared a "leapfrogging" of development into the Township from Chapel Hill, fueling an already high growth rate. Leapfrog development can be defined as development activity in Bingham Township outside the New Hope Creek and University Lake Watershed that might otherwise have taken place inside those areas if it were not for the additional acreage requirements in the Rural Buffer zone. Based on a review of subdivision activity from 1980 through mid 1987, leapfrog development has not occurred. Any appearance of such is coincidence only. Subdivision activity in that part of Bingham Township outside the Rural Buffer has increased since the Buffer's creation while decreasing within the Rural Buffer. These trends, though, predate the creation of the Buffer by several years. As a proportion of all minor subdivisions in the County, newly subdivided lots in the Rural Buffer steadily declined from almost 50% in 1980 to 20% in 1986. During the same period, the proportion of newly subdivided lots in the areas of Bingham and Chapel Townships outside the Rural Buffer grew from 7% to over 20% of all new minor subdivision lots in the County. What this says is that factors others than land use regulation are at work. Development trends in Bingham Township are probably a simple reflection of the outward push 3.11-11 , 126 - 411 from Chapel Hill and the greater availability and lower cost of land the farther one goes from town. 410 411 127 - PLANNING FRAMEWORK AND APPLICATION The framework for the Bingham Township Plan begins with organizing concepts. These concepts are policy statements which create the foundation of the Plan. They state general consensus as to what patterns of growth are desirable for the Township. The concepts take into account a number of variables, including existing patterns of development, environmental constraints, and the stated desires of Bingham Township residents and landowners. . The second component of the framework consists of future projections for population, housing stock, and land requirements. These projections do not comment on the desirability of the growth expected. They merely indicate, using historical trends, the amount of growth expected in the Township during the plan period if those trends persist. These components of the framework are then used to create allocation guidelines. Criteria are established which distribute land into Land Use Plan categories initially defined in the body of the Orange County Land Use Plan. Distribution is reflected in both text and map form. 410 Organising Concepts The following Township policy statements represent the organizing concepts around which the Land Use Plan for Bingham Township is constructed: 1) The agricultural and rural residential character of the Township should be maintained; 2) Existing and potential water supply watersheds in the Township should be developed in a way that will minimize impacts on water quality and neither conflict with agricultural activities nor push a disproportionate amount of development into watersheds not part of a public water supply; 3) The White Cross area has the characteristics of a rural community, which should be enhanced; 4) Residential development that does occur in the Township should be planned for areas that will not create negative impacts on agriculture or potential and existing water supply watersheds; 410 3.11-13 . • . 128 _ 5) The area along NC54 is not appropriate for strip- type commercial development. Rather, development should take place in compact clusters focused on designated activity nodes separate from agricultural areas, thereby preserving the utility of the highway as an important thoroughfare. Population Projections and Land Requirements: 1985-2005 One of the initial and fundamental steps in the land use planning process is calculating the amount of land required to accommodate projected growth in a particular area. The amount of land required for residential use and associated non-residential uses is usually related directly to population and household size. Table 3- summarizes population estimates and projections through the year 2005, while Table 3- projects the number of new housing units required to meet the demand of new residents. The average household size is assumed to remain constant throughout the plan period at 2 .38 persons per household. This was the figure reported in the 1980 Census of Population. The population projections are based on the average annual growth rate from 1970-1987 of 5. 06% per year, projected out from 1987 . TABLE 3- BINGHAM TOWNSHIP POPULATION PROJECTIONS, 1987-2005 a 1980 1987 1990 1995 2000 2005 TOTAL POPULATION 3,954 5,502 6, 379 8, 163 10,446 13,368 POPULATION CHANGE FROM 1980 (number) --- 1,548 2,425 4,209 6,492 9,414 a Source: 1980 Census of Population b Based on building permits issued by Orange County Planning Department CS Projections based an a standard exponential extrapolation of the 1970-1987 average annual growth rate of 5.06% per year, projected out from 1987 S 3. i 1-14 12 • Table 3- estimates land requirements for the next twenty years, assuming the current level of population and household growth continues. TABLE 3- BINGHAM TOWNSHIP HOUSING UNIT PROJECTIONS, 1987-2005 year 1980 1987 1990 1995 2000 2005 a TOTAL POPULATION 3,954 5,502 6,379 8, 163 10,446 13,368 b AVERAGE HOUSEHOLD SIZE 2.38 2.38 2.38 2.38 2.38 2.38 TOTAL DWELLING UNITS 1, 661 2,309 2,680 3,430 4,389 5,617 DWELLING UNIT CHANGE FROM • 1980 (number --- 647 1,019 1,768 2,728 3,955 a From Table 3- above b Persons/household. Taken from 1980 U.S. Census of Housing TABLE 3- BINGHAM TOWNSHIP LAND USE REQUIREMENTS, 1987-2005 1987-1995 1995-2005 1987-2005 a DWELLING UNITS REQUIRED 1, 121 2, 187 - 3,308 b RES. ACREAGE REQUIRED 2,242 4,374 6,616 TOTAL ACREAGE REQUIRED 2,317 4,499 6,816 a From Table 3- above. b Based on an average lot size of 2 acres. The projected population-of 13,368 residents in the year 2005 would require an estimated 3,308 dwelling units beyond what existed in 1987. Using two acres per lot, this would place an additional 6,816 acres into residential use. The 3.11-15 130 - _ average subdivided lot size between 1980 and 1987 has actually been higher than two acres, at 3.33 acres. Escalating land prices and a diminishing availability of raw land, though, will likely push the average lot size down. Two acres represents the minimum lot size in the most restrictive residential zoning category of the Orange County Zoning Ordinance as of 1987. Residential development creates in its wake the need for land to accommodate commercial and other non-residential uses. The non-residential acreage requirement of 200 additional acres by the year 2005 is not based on a quantitative formula. It is based, rather, on existing patterns in the Township and the expressed desires of Bingham Township residents to see stringent controls placed on commercial development. Allocation of Growth The primary task of the Land Use Plan is to geographically allocate growth throughout the Township in accordance with County-wide goals and policies and the policy statements guiding Township growth. The amount of land allocated to accommodate projected growth is usually substantially greater than the calculated need in order to 411 allow for variations in the availability of land and the exercise of market forces. This is not the case in Bingham Township, especially for commercial activity. Community preferences desire stringent limits to commercial growth in most areas of the Township. The following allocation guidelines are derived for Bingham Township from County and Township policies that created the process for determining in which direction new growth is to be channelled: *Commercial and non-farm residential development will be directed away from areas that, if such development were to occur, would have negative impacts on water supply watersheds, *Rural non-farm residential development will be allocated so as to avoid negative environmental or economic impacts on agriculture, and minimize negative environmental impacts on surface and groundwater not part of a public drinking water supply. 411 131 411 - - *Commercial development will be allocated to designated activity nodes which provide a more reasonable and efficient alternative to strip development, especially along NC54. In light of these allocation guidelines, information about land in Bingham Township was 'filtered' through a set of locational criteria, including these guidelines, to determine which land use is appropriate for a specific area. The resulting analysis creates the basis for the classification of land in Bingham Township. Distribution of Land Use Plan Categories Land in Bingham Township has been classified according to the public policies expressed in the Plan, the allocation guidelines, and the effects of growth on the Township. AGRICULTURAL AREAS: This is the predominant classification in the Township. It refers to land assessed for farm use under County provisions allowing for use value taxation and for active farm and forestry land not enrolled in the program. While lands in this category are distributed township-wide, the bulk is in the western and southern parts of the Township. RURAL BUFFER: The purpose of this classification is to designate land adjacent to the urbanizing area of Chapel Hill and Carrboro that should remain rural in character and not require urban services. This classification encompasses the New Hope Creek and University Lake drainage basins. AGRICULTURAL RESIDENTIAL: While limited low density residential development occurs in land categorized as agricultural residential, the prevailing land use is agricultural. Land in this category is fairly evenly distributed throughout the western two-thirds of the Township. RURAL RESIDENTIAL: This category of land refers to areas which have characteristics that make it suitable for rural, non-farm residential development. The major portion of this category is bounded by the Cane Creek watershed on the north, the University Lake watershed on the east, Orange Grove Road (north of NC54) and White Cross Road (south of NC54) on the west, to a point about one-half mile south of NC54. The Township's major arterial, NC54, passes through 410 132 _ 410 the land classified rural residential and the area encompasses much of the rural community of White Cross. An additional area of rural residential land exists in the far northeastern corner of the Township. RESOURCE PROTECTION AREA: Land classified as such consists primarily of slopes greater than 15% and floodplains. This land is considered unsuitable for most development activity. WATER SUPPLY WATERSHED: Applied to the areas draining into University Lake and Cane Creek Reservoir, the category refers to lands that are to be protected from development that might cause water quality problems for existing and potential public drinking water supplies. WATER QUALITY CRITICAL AREA: These are lands that drain • directly into water impoundments that serve as public • water supply and require even a greater degree of protection from the negative impacts• of development. PUBLLIC INTEREST AREAS: These are public and quasi-public lands, such as Duke Forest, that provide eduactional and recreational opportunites. There areas also form a crucial component of the County's open space. A total of three activity nodes have been designated in Bingham Township: REFERENCE: BH-1 (Adam & Eve) LOCATION: NC54 and Morrow Mill Rd. (SR1958) PLAN CATEGORY: Rural Neighborhood EVALUATION: This node is located at the intersection of the Township's main arterial road, NC54, and a collector road. Several commercial uses, including a wholesale mail-order distribution firm, are located in or adjacent to the node. No environmental constraints are associated with the node. REFERENCE: BH-2 (White Cross) LOCATION: NC54 and White Cross Road (SR1952) PLAN CATEGORY: Rural Community EVALUATION: The node, situated at NC54 and White Cross Road, extends almost to Butler Road on the east. There are several existing commercial uses in or adjacent to the node and few environmental constraints. This site has the 3.11-18 133 _ - 411 locational attributes which make it suitable for a Rural Community node. It is on the main east-west road through the township and extends to the major north-south route. Land within the node to the north of NC54 and east of White Cross Road is classified as Rural Residential. The support services that will likely accompany rural residential development are most appropriately located at this node. RFERENCE: B11-3 (Oak Grove) LOCATION: Oak Grove Church Road (SR1117) and Mebane-Oaks Road (SR1007) PLAN CATEGORY: Rural Neighborhood EVALUATION: This node is located at the intersection of two collector roads and is located just outside the Cane Creek watershed. 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'"Ziiii,4)1•7.r....e'''''1.).: a•C ,' •••••••■ 'A e . , •,•,; ;4:1:*•;:i;:::E•,:ft.' :;:,.. -...•:,.. = ." --7,17.IT:7 7 _,'"t`, :1^,,, ,•-• ,:" 'e • Ve::'. 4.;V 140: '.. A CA • SCBLZ: "All. ..'4' 1 5•• •‘•-4.44"-/ ''4't:'"*"...:.+5:!.-;'ii.',.11:„Str. ",t •C%-. 4... . - i `' `11.'- X-r:110.•':.,"• •''-li. ''''r •'''. . • ; rri vs."--a Vi ...Az, ',...,..,.,„,. s.,..,....-...ro,. •„..zr, 07.r ''03 4`" ••••,,,,tf,"'"`ms,4,- : '',,,_,•'74,- Tr.„, 1',• ., , C‘ WOO' Nat' -I tr ‘.17.1+,-'4.7;74.....X;1'4' :- - e-.1-',.. „,, .. 41.:•.''''.''''''': . -,.•dri "7.1c.'-.;.7" -'•r 4.4■1,4%, * -1 '•.•;+,:, rty,PeryZ1,- - el,.••,- 5.,•• . leff V, ...4re.'.4%;:r.;',7,1, A PLAN CATEGORIES E Rum)But f cer M Reservoir ACTIVITY$OD Z.: Protected'Watershed Agricultural Areas I , IO . Rural El Water Quality Critical Area e N......., 4., ca...., ir - _--... _.--- - • , .....1- . IS Rural Rasideou 'al III Resource loratecticet Area ROADS i'D. Eciraciive Use Arterial evv■a ■••• COneCtar ••••••■■• ......... Sr PUbUC IniersliSt DiStriOti . . . .- BINGHAM TOWNSHIP COMMUNITY ATTITUDES QUESTIONNAIRE RESPONSES. FALL 1.9871- °0 Afttotal full and ps'r' ill responses: 50 1. To what extent are the following problems an issue in Bingham Township? DEVELOPMENT ISSUES major minor not a unsure problem problem problem Loss of farmland 60% 25% 13% 2% Growth of Chapel Hill westward 60% 19% 15% 4% Conflicts between agriculture and other uses 53% 21% 21% 4% Too much residential growth 33% 33% 31% 2% Conflicts between residential and other uses 27% 32% 34% 7% Uncontrolled commercial development 36% 16% 40% 9% Too little recreation/open space 24% 18% 53% 4% Too much commercial growth 13% 39% 43% 4% Uncontrolled residential growth 33% 17% 41% 9% Lack of affordable housing 17% 26% 48% 9% Too little commercial development 7% 9% 82% 2% Too little residential development 9% 4% 84% 2% *while 33% of all respondents saw too much residential growth as a major problem, 64% from Orange Grove 8 Dodsons Crossroads saw it as such. *while 79% of all respondents sew the growth of Chapel Hill westward as a problem, 100% of the respondents from Orange Grove and Frog Level saw it as such. , ENVIRONMENTAL ISSUES °Groundwater quality 27% 36% 24% 13% Development in environmentally sensitive areas 35% 21% 30% 14% Surface water quality 33% 22% 26% 20% *while 35% of all respondents saw development in sensitive areas as a major problem. 100% of those from Haw River saw it as such. 'while 27% of all respondents sav groundwater quality as a major problem, 60% of those from Dodsons Crossroads saw it as such. SERVICE/INFRASTRUCTURE ISSUES Traffic 28% 45% 23% 4% Inadequate roads 26% 41% 30% 2% Level of police protection 30% 35% 24% 11% *Green box" availability 15% 34% 47% 4% School overcrowding 24% 20% 28% 28% Level of fire protection 9% 30% 48% 13% Lack of convenient shopping 2% 17% 76% 4% *while 26% of all respondents saw inadequate roads as a major problem, 57% of those from White Cross saw it as such. 2. How would you view a small airport locating within 2 miles of your home? major problem 89% • minor problem 7% nat—a problem '4% - • _-- i unsure 0% 4. What do you see -. he three biggest • problems in Bingham .Township7 DEVELOPMENT ISSUES 69%cf questionnaires General growth,/development trends mentioned on 31%of questionnaires Uncontrolled commercial development • 16% " , Too much commercial development • 16% " Loss of agricultural land • 11% • Growth of Chapel Hill westward • 11% " Uncontrolled residential development • 11% • Possibility of a new airport " 4% • Too much residential development • 4% " Conflicts, agricultural/other uses " 4% " Too little open/recreational space • 2% " Too little residential development " 2% • Noise • 2% " Affordable housing • 2% " Impact of 1-40 2% " SERVICE ANA INFRASTRUCTURE ISSUES 58%of questionnaires Police protection/crime mentioned on 24%of questionnaires Inadequate roads • 20% • School overcrowding/distance • 18% • III Traffic 11% • Fire protection " 7% • ., Lack of water & sewer • 4% • Multiple phone systems • 2% • Availability of cable TV • 27C • Availability of rater • • 2% " Inadequate roads were mentioned by 80% of those from Frog Level School overcrowding/distance was mentioned by 43% of those from White Cross POLITICAL ISSUES 24%of questionnaires OWASA - mentioned on 11%of questionnaires disenfranchisement " 9% • Land regulation issues • 9% " High taxes 4% • • 'Proper leadership" * " 2%. • Planning Board " 2% • Difficulties with OWASA was mentioned by 38% of those from Orange Grove ENVIRONMENTAL ISSUES . 22%of questionnaires Groundwater quality mentioned on 7%of questionnaires Garbage • 7% • Development-in sensitive--areas " - - 4% • Water quality, general • 4% " Surface water quality • 2% " 1 _ : _ _i 137 5. What do yo ldi as the three biggest problems ten years from nov? DEVELOPMENT ISSUES 82%of questionnaires General growth/development trends mentioned on 38%of questionnaires - Loss of agricultural land • 22% " Too much residential development " 16% • Uncontrolled residential development " 16% " Uncontrolled commercial development " 13% • Too much commercial development " 11% Too little open/recreational apace " 7% " Growth of Chapel Hill westward " 7% " Conflicts, agricultural/other uses " 7% " Impact 'of Cane Creek Reservoir " 7% • Impact of I-40 11 4% " Too little residential development " 2% 0 SERVICE AND INFRASTRUCTURE ISSUES 58%of questionnaires Traffic mentioned on 18%of questionnaires School overcrowding/distance " 13% 0 Police protection/crime " 13% " Inadequate roads • 9% • Lack of water A sewer " 4% it Availability of water • 4% 0 Multiple phone systems • 2% IF General infrastructure issues • 2% " Traffic was mentioned by 57% of those from White Cross POLITICAL ISSUES 24Zof questionnaires disenfranchisement mentioned on 11%of questionnaires Land regulation issues • 9% • High taxes • 4% • OWASA " 4% " Planning Board * 2% • ENVIRONMENTAL ISSUES - 20%of questionnaires Development in sensitive areas mentioned on 9%of questionnaires Water quality, general " 9% 0 Groundwater quality • 9% 0 Surface water quality " 2% • , . _ . 7. What should policy 'be towards new commercial development at the following - - intersections? Intersections where new commercial activity 1 is currently allowed: leave allow allow unsure as is more less Dodsons Crossroad/Orange Grove Rd. 18% 8% 69% 5% (Frog Level ) Mt. Willing Rd. /Oak Grove Church Rd. 22% 10% 44% 24% (Oak Grove) NC54 near Morrow Mill Rd. 32% 18% 39% 11% (Adam & Eve) NC54/White Cross and Butler Rds. 34% 20% 39% 7% (White Cross) Old Greensboro Hwy. /Crawford Dairy Rd. 25% 14% 55% 7% (Haw River) Intersections where new commercial activity is not currently allowed: allow leave unsure more as is* ,Dodsons Crossroad/DairYland Rd. 12% 81% 7% (Dodsons Crossroad) Orange Grove Rd. /Dairyland Rd. 191/. 79% 2% (Orange Grove) NC54/Mebane-Oaks Rd. 25% 68% 7% (Oaks) Old Greensboro Hwy. /White Cross Rd. 10% 86% 5% 411 (Antioch Church) Other comments included increasing the node at Calvander in Chapel Hill Township, creating a node at Stanford Dairy Rd. and NC54, and eliminating all restrictions on commercial development location. *leave as is and allow less are the same for these intersections By Community, where wide divergance exists from Township totals: 100% of the respondents from Frog Level supported allowing no new commercial development at the Frog Level node or at Dodsons Crossroads 100% of the respondents from Haw River supported allowing no new commercial development at the Haw River node 100% of the respondents from Dodsons Crossroad supported allowing no new commerical development at Dodsons Crossroad or Orange Grove im. IIP 1;3.9 3. What effect, if any, do you think the Rural Buffer will have on the remainder of Bingham Township? Two-thirds of the questionnaires had some sort of comment on the Rural Buffer, with a slight majority fearing negative effects. Two negative effects, in particular were raised. The one raised most often, by far, was concerns about leapfrog development, raised by almost 40% of those responding to the question. Concerns about reducing the availability of affordable housing was raised by another 18%. Another 6% weren't sure if it would have a negative effect but supported the larger lot sizes in the Buffer for the sake of water quality. Of the respondents, about 10% favored extending larger lot size requirements over a greater portion of the Township. 6. What three things do you like best about Bingham Township? There were three things that appeared, in one manner or another, on virtually all the questionnaires; the rural atmosphere and environment, the people, and the Township's location relative to Chapel Hill and other parts of the Triangle. Only two other responses were mentioned on more than one questionnaire, privacy and open space. 8. Comments on Township policy statements About one-half of the questionnaires returned had some comments regarding the policy statements. The majority agreed with them, especially the statement that reads "The agricultural and rural residential character of the Township should be maintained. " 16% of the respondents, though, thought that the guidelines left too much room for' development, while 8% thought that in general they were too restrictive. 12% of the respondents suggested adding a policy guideline thought spoke to protection of groundwater and/or watersheds that are not part of a public drinking water supply. The concern is that protection of University Lake and Cane Creek comes at the expense of Collins Creek and lower Cane Creek. - _ , _ 9. What type of hottli do you live in? II0 Single family home, subdivision , 9% Single family home, individual lot 89% mobile home, individual lot or park 2% Township wide only 63% of the housing units are site built homes 10. Is the road in front of your home private or public? state maintained 62% private 387. 11. Where do you work? Orange County 62% Orange and Durham 2% , Durham County 12% Alamance County 2% Wake County 5% Retired 17% Other 0% 12. Where do you shop for most of your daily needs? III Chapel Hill/Carrboro 66% Chapel Hill and elsewhere 9% Mebane 7% Hillsborough 7% Graham/Burlington 2% Durham 7% Other 2% 13. Do you live in an area identified by a community name? no 16% Yes . White Cross 16% Hay River 11% Frog Level 11% Oak Grove 4% Orange Grove 20% Dodsons 'Crossroads 11% Oaks/Bethlehem 7% Thunder Mountain 4% III 4110 _ DRAFT BINGHAM TOWNSHIP ADVISORY COUNCIL, 4 NOVEMBER 1987 MINUTES Present: Murdock, Patterson, Johnson, Cohen, Heizer, Gustaveson Staff Present: Torgan Others Present: Harold Murdock, Jim Gerrard, Patrick Malkey 1. ADDITIONS TO THE AGENDA Torgan handed out two additions to the agenda packet, Planning Board minutes of 14 July 87 regarding Pat Davis' comments on sludge application and a TAC attendance record since May 1986. 1400 2. RECOMMENDATION TO THE PLANNING BOARD ON THE BINGHAM TOWNSHIP LAND USE PLAN Torgan presented Planning Department recommendation to the TAC, noting that it took from all three alternatives presented the week before and that it did not require an up or down vote. The TAC could recommend a strategy of its own to the Planning Board. Torgan first explained the Land Use Categories used in the Plan, giving their definitions and outlining their locations on the map. The major categories were; A) Rural Buffer, encompassing the New Hope Creek and University Lake watersheds, boundaries which remained unchanged from the 1986 Joint Planning Area Land Use Plan; B) Agricultural Residential, predominantly agricultural with scattered low density residential; C) Rural Residential, predominantly low density residential with scattered agricultural uses; D) Resource Protection Areas, primarily steep slopes and floodplains; E) Protected Watershed/Water Quality Critical Area, which denotes drainage areas of watersheds that serve as public drinking water supplies, and; F) Rural Commercial Activity nodes, which identify areas most suitable for commercial development. The three nodes are at Adam and Eve, White Cross, and Oak Grove. Torgan then noted the major changes from the 1981 Bingham Township Component of the Orange County Land Use Plan. 410 Minutes page 1 142 H . 410 A) Deletion of the activity node at Frog Level. Two major considerations resulted in the deletion, the creation of the Rural Buffer in 1986, which cut out 60% of the node, and the support of landowners in and adjacent to the node for eliminating the node. B) Deletion of the Haw River activity node. This was based on considerations from all three alternatives; lack of development activity in the area; community preferences, which did not support commercial growth at the intersection; its location relative to the river, and; the public safety hazards that would be created by more development at the intersection. C) The node at Oak Grove was moved to Mebane-Oaks Road and Oak Grove Road, taking it out of the Cane Creek protected watershed. D) Resource Protection Areas were identified township-wide to bring it into conformance with the Joint Planning Area Land Use Plan. These areas, less suitable for development, may be tied into a county open space plan at a later date. E) Some Rural Residential land was added south of NC54 at 411 White Cross to acknowledge growth patterns while attempting to not create an impression that the Plan dismisses concerns over leapfrog development. Torgan then mentioned two changes in the Plan that were contemplated but not made: A) A node at Oaks was rejected. The benefits that could accrue from having an area that could take advantage of recreational development at Cane Creek were not worth the potential degradation of the water supply; B) The Habitat for Humanity acreage in the Rural Buffer remained as Rural Buffer rather than being switched to Agricultural Residential. The Planning Department did not wish to alter the Rural Buffer boundaries and felt that the question of affordable housing should be addressed county wide rather than on a property by property basis . Two immediate impacts of the proposed changes were noted. The change in activity node location would affect were new commercial enterprises could locate. Second, some areas south of NC54 would see zoning change from A-R to R-1. Minutes - page 2 S } { Cell Gustaveson raised questions regarding commercial development. He supported reducing the number of activity nodes but was still concerned about what he saw as uncontrolled development along NC54, citing specific examples of establishments that had closed, only to reopen with a more intensive use. Torgan noted that the EC zoning designation, given to commercial establishments outside of nodes and in existence prior to zoning, created only broad restrictions on what could not be done with the property. Johnson asked that an inventory of parcels in the Township currently zoned commercial be prepared for the TAC. Malkey asked how a Water Quality Critical Area designation would affect land being subdivided. Torgan replied that lot . sizes had to be a minimum of 80,000 square feet. Additionally, the Zoning Ordinance places limits on impervious surfaces and requires a certain portion of land be left undisturbed. Heizer expressed concern over the amount of land classified as Resource Protection Area. The problem was not with the nature of the land, but that the County might to acquire all the Resource Protection Areas for public greenways. Gustaveson said it was important to have greenways but the County would first have to address the question of closed access easements primarily for wildlife protection versus open access greenways for public use. Torgan noted these questions were to be addressed by the County Recreation and Parks Plan. The Plan was to go to Public Hearing on 23 November 1987, and this was the best time to express concerns of the greenway system. Gustaveson moved that the TAC endorse the staff recommendation as presented. Patterson seconded. The motion passed unanimously. Torgan noted that the 8 December 1987 Joint Planning Public Hearing had been eliminated by the new Joint Planning Agreement. He would let the TAC and other interested parties know of the new date as soon as it was available. 3. UPDATE OF OWASA SLUDGE APPLICATION Torgan made reference to agenda packet items. The - - -� Minutes page 3 - . III ORANGE COUNTY JBORRD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 30, 1988 Action Agenda Item * 1>iii-aL SUBJECT: ORANGE COUNTY ZONING ATLAS AMENDMENT - TOWN OF CHAPEL HILL TRANSITION AREA ZONING PLAN DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Orange County Planning Director 4/10/88 Memorandum Chapel Hill Planning TELEPHONE NUMBERS: Director 3/14/88 Memorandum Hillsborough - 732-8181 Chapel Hill Planning Board Durham - 688-7331 3/1/88 Minutes/Resolution Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed zoning plan for the Transition Areas located within the Chapel Hill Joint Development' 111 Review Area (CHJDA). BACKSROUND: Section 1. 3 of the Joint Planning Agreement, enacted November 2, 1987, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 1. Adopting the Agreement (after approved by Chapel Hill and Carrboro) ; 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA), and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA; and b. A Zoning Map prepared by Carrboro for that portion of the Transition Area that lies in the Carrboro Joint Development Area (CJDA), and the Carrboro Land Use Ordinance, making its 11 provisions applicable to that portion of the _ __ - . Transition-Area -located within the CJDA; and 11.111111MIMIMIMM.11 ' f t46 3. Amending the Joint Planning Land Use Plan text and 410 map to reflect the existence and show the location of Transition Area I and II designations. The proposed Zoning Plan addresses item 2-a above. .• • The Orange County Planning Staff has reviewed the proposed Zoning Plan and found it consistent with the Joint Planning Area Land Use Plan. (See attached memorandum. ) At its March 1, 1988 meeting, the Chapel Hill Planning Board voted to recommend approval of the proposed Zoning Plan for the Transition Areas. RECOMMENDATION; The Orange County Planning Staff recommends approval of the proposed Zoning Plan for the Transition Areas in the Chapel Hill Joint Development Review Area and its incorporation into the Orange County Zoning Atlas. An Orange County Planning Board recommendation will be prepared on July 18, 1988. The Board of Commissioners will consider the proposal for decision on August 16, 1988. 111 41 ORANGE COUNTY-PLANNING DEPARTMENT - 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 • MEMORANDUM TO: ORANGE COUNTY MANAGER ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: APRIL 10, 1988 SUBJECT: CHAPEL HILL ZONING PLAN FOR TRANSITION AREAS COPIES: ROGER WALDEN, CHAPEL HILL PLANNING DIRECTOR I have reviewed the Zoning Plan for the Transition Areas located within the Chapel Hill Joint Development Review Area and found it to be consistent with the Joint Planning Area (JPA) Land Use Plan. Comments regarding the proposal, are as follows: Area It 1 - Southern Triangle Area The area is bounded generally by the Chatham County line, the Chapel Hill extraterritorial jurisdiction line, and Old • Lystra Road. The area is designated Suburban Residential- on the JPA Land Use Plan. Single-family homes, duplexes, apartments, condominium and townhouse projects are permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. The Chapel Hill Zoning Plan has designated the entire area R- 1 Residential. The zoning designation is consistent with adjacent zoning within the Chapel Hill extraterritorial jurisdiction. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The minimum required land area for a residential lot is 17, 000 sq. ft. Permitted uses include single-family homes, churches, and schools. The proposed density and • permitted uses are consistent with the JPA Land Use Plan. Area #2 Weaver Dairy Road/Sunrise Road Area The area is bounded generally by--1"--40, the Chapel Hill extraterritorial jurisdiction line, Weaver Dairy Road, and imowl••='°'"momm-p--------_ , , _ , ) 148 . - _ • 1 _ • Sunrise -R66dr The area is designated Suburban Residential on the JPA Land Use _Plan. Single-family homes, duplexes, 411 apartments, condominium and townhouse projects are permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. The Chapel Hill Zoning Plan has designated the entire area R- 1 Residential except for a tract west of Sunrise Road arid south of 1-40 designated R-2 Residential. The R-1 zoning designation is consistent with zoning in the Chapel Hill extraterritorial jurisdiction adjacent to Weaver Dairy Road and properties near 1-40. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The minimum required land area for a residential lot is 17,000 sq. ft. permitted uses include single-famly homes and duplexes, churches, and schools. The proposed, density and permitted uses are consistent with the JPA Land Use Plan. The maximum density permitted in an R-e district is four (4) units per acre in a planned development. The minimum required land area for a residential lot is 10,000 sq. ft. Peimitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are ' consistent with the JPA Land Use Plan. Area tail Rea Bawl area 410 The area is bounded generally by the Chapel Hill extraterritorial juPisdiction line, N. C. Highway B6, Clyde Road, Mill House Road, the northern and western boundary lines of the landfill site, Eubanks Road, Rogers Road, Homestead Road, the western and southern boundary lines of the Chapel Hill High School, and Sewell Road. The area has been designated as follows on the 'JPA Land Use Plan: 1. Publicilyjake Open 5pAgg - Two areas have been , designated for research, educational, forest management and recreational functions on the JPA Land Use Plan. The areas include the properties owned by the University of North Carolina and properties located between the existing and future potential landfill sites. A petition has been submitted by the University t0 change the designation on its land to "Future UNC Development". 2. -Extnagtiyea/sagsal unaR - Designated land areas include the existing and future potential landfill sites. 3. grpan ResigultiAl - One area has been designated for housing with densities ranging from six (6) to thirteen (13) units per acre. The area includes the existing Brookstone Apartment complex on the corner of . , N.C. Highway 86 and Homestead Road. II _---- --- _-_ . , • • . . ----------0■0"1"111. 1 119 4. Linht Industrial - The Chapel Hill Industrial Park (CHIP) located at the intersection of the railroad and Eubanks Road has been designated "Light Industrial". 5. Office-Institutional - With the exception of the Chapel Hill Industrial Park, the area bounded by 1-40, Clyde Road, Mill House Road, and Eubanks Road has been designated "Office-Institutional". A small area south of Eubanks Road and CHIP has also been designated similarly. Areas designated as such are intended for financial, insurance, real estate, legal, medical, and business services. 6. Rural Residential - A small area on the southeast corner of Eubanks Road and Rogers Road has been designated "Rural Residential" to serve as a buffer for Duke Forest. Such areas are planned for low-density residential development consisting of single-family homes on lots two (2) acres in size or larger. Public utilities are not to be extended to such areas. 7. Suburban Residential - The remainder of the area has been designated "Suburban Residential". Single-family homes, duplexes, apartments, condominium and townhouse projects are permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. Except for the Brookstone Apartment complex and the tract immediately south, the Chapel Hill Zoning Plan has designated the area south of Homestead Road for R-e Residential zoning. The maximum density permitted in an R-2 district is four (4) units per acre in a planned development. The minimum required land area for a residential lot is 10,000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. Lands owned by the University of North Carolina have also been placed in the R-2 district. Colleges and universities are not permitted in an R-2 district, implying that the University will have to apply for rezoning if it wishes to use the property for educational or other purposes. The Brookstone Apartment complex and adjoining property is designated as R-4 Residential. The maximum density permitted in an R-4 district is ten (10) units per acre in a planned development. The minimum required land area for a residential lot is 5,500 sq. ft. Permitted uses include single-family homes and duplexes, multi-family dwellings containing three to seven (3-7) units, churches, and schools. The proposed - -density and permitted use are-consistent with the JPA Land Use Plan. IMMEMMEMMI 1 . - 1.?)0 . III _ - All of the area between Homestead Road and Eubanks Road has been designated R-1 Residential with the exceptions as noted below. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The minimum required land area for a residential lot is 17,000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. The exceptions to R-1 zoning between Eubanks Road and Homestead Road include the following: 1. The existing landfill site extending on both sides of Eubanks Road has been designated RT-Residential Transition. The RT district is applied to land which is used for agricultural, very low-intensity residential or open space uses but is projected to for conversion to more intensive uses as the need arises. The minimum required land area for a residential lot is 100,000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. A landfill, is permitted following approval of a Special Use Permit. The proposed density and permitted uses are consistent with the JPA Land Use Plan. 411 2. Northwood Subdivision on the southwest corner of N.C. Highway 86 and Eubanks Road, and Sunset Hills Subdivision north of Homestead Road and east of the railroad have been designated R-1A on the Chapel Hill Zoning Plan. The maximum density permitted in an R-1A district is two (2) units per acre in a planned development. The minimum required land area for a residential lot is 25,000 sq. ft. permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPR Land Use Plan. 3. The area on the southeast corner of Eubanks Road and Rogers Road has been designated RB - Rural Buffer. The district standards for density and permitted uses are similar to the Rural Buffer zoning district standards adopted by Orange County- The proposed density and permitted uses are consistent with the JPA Land Use Plan. . 4. The area adjacent to the railroad and immediately across Eubanks Road from the Chapel Hill Industrial Park has been designated MU-DI Mixed Used-Office-Institutional. The same classification has been extended to encompass the Industrial Park as well as all properties fronting on the north side of Eubanks Road between the railroad 4 --- , -and -I-40.-- _ . ,---- " . .. - . , . . . _- ,- . - PI _ . ' - - 411 Permitted uses-in the MU-DI district include single and two-family dwellings, and non-residentiaI uses such as i . clinics, banks, printing/publishing establishments, etc. " 1 If a development in a MU-UI district meets the following threshold41 then additional uses such as multi-family dwellings, hotels and motels, general business, and wholesale business are also permitted. a. Minimum lot size of twenty (20) contiguous acres. b. b Uses proposed in one of the following combinations: , (1) Office, commercial, and residential uses: (2) Office and commercial uses. . (3) Office and residential uses. c. At least 60% of floor area devoted to business office uses. d. No more than 65% of floor area devoted to . business office uses. . . The only tract which does not fit the MU-Cl district standards is the Chapel Hill Industrial Park, The Chapel Hill planning Director has indicated, however, that if III building permits are approved for the Industrial Park prior to the Joint Planning Agreement becoming effective, the Town will honor said permits and allow Orange County to complete all required inspections associated with the permits. The final area designated on the Chapel Hill Zoning Plan is the area north of the Chapel Hill Industrial Park and other . properties fronting Eubanks Road. Properties in the area have : been designated MU-R-1 Mixed Use Residential-1. Standards for development are similar to those for the MU-CI district but are more restrictive in terms of permitted uses if required thresholds are not met. Copies of the proposed Zoning Maps are included with the , attached Chapel Hill Planning Board minutes. ' kumi,e4,(03 . Marvin Collins • Planning Director • ' 410 ,___ . • . .,. . , • - _ - TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET • CHAPEL HILL.NORTH CAROLINA 27514-3699 Te1ephone (919) 968-2700 MEMORANDUM TO: Marvin Collins, Orange County Planning Director ' FROM: Roger S. Waldon, Chapel Hill Planning Direct° SUBJECT: Proposed Changes to Joint Planning Area Land Use Plan and Proposed Joint Planning Transition Area Rezoning DATE; March 14, 1988 At their March 1 meeting, the Chapel Hill Planning Board recom- mended approval of the changes to the Joint Planning Land Use Plan and recommended approval of the proposed Transition Area rezoning. The vote for both items was 7-0. Attached is a copy of the Chapel Hill Planning Board March 1 minutes. 411 Should you have any questions, please call. 411 . . . ' . . - ... . , 155 , „...„.,„.... Meeting Summary 411 Chapel Hill Planning Board March 1, 1988 . - Members Present: Berry Credle, Don Francisco, Bruce Guild, Kay Maltbie, Mae McLendon, Alan Rimer, Judy White Members Absent: Tom McCurdy, Julian Raney, (one vacant position) - . Staff Present: Roger Waldon, Dave Roesler, Ralph Iarpinos - • - . , . Mr. Rimer called the meeting to order at 7:35 p.m. There were no petitions. .. . - Pro.osed Joint Plannin: Transition Area Rezonin: - Re.uest for Zonin: Atlas Amendment (continued from February 16 meeting). Mr. Walden referred the Board to the staff report and recommendation that the Planning Board recommend the adoption of an ordinance rezoning these properties (see Attachment 1). - • . . -.. . . . There was discussion about the Billabong Lane area being zoned R-1A, and whether or not additional surrounding properties should also be zoned R-1A. Mr. Waldon believed the Town should not zone undeveloped property R-1A because it would encourage low-density sprawl. It was pointed out by several Board . _ members that larger lot sizes would limit the availability of affordable land and increase the cost of housing. ,.. . III . . . , ... - In .response to a question about whether traffic problems were considered when . staff determines recommendations for rezoning, Mr. Weldon replied that the current Chapel Hill Land Use Plan is not particularly transit/transportation- friendly. He noted that the 1977 Land Use Plan had a stronger transportation emphasis because it had higher density development along major transportation corridors. Be pointed out that the current Joint Planning Area Land Use Plan and the new Chapel Hill Land Use Plan reflect what the community had said it wanted, i.e. , lower density development. One Board member suggested that the community had made the decision without adequate education and information about the transportation consequences of low-densitY development. This member suggested that the proposed R-1 zoning was not dense enough, noting that the area proposed for R-I zoning was the only large parcel of undeveloped property with no topographic impediments to higher density housing. He suggested R-2 or R-3 zoning would be more appropriate. . . Discussion about the Comprehensive Plan, its relationship to the Land Use Plan, and its relationship to zoning continued. . In response to a question about Carrboro's action on rezoning in the Joint Planning Transition Area, Mr. Waldon stated that the Carrboro Board of Aldermen was discussing this at its March 1 meeting. Motion: Mr. Credle moved that the Board recommend that the recommended R-1A zone be extended south to Homestead Road and extended east to double its area. Ms. Maltbie seconded the motion. 411 Votet- The motion failed to pass blra-vnte-27:57. . ______-----•■•0°"'"'"'"'"1".11.1111".1111111.1111111.1111Mall 156 - Planning Board-'-----1. 2 March 1, 1988 IIM Motion: Mr. Guild moved that the Planning Board recommend that the Council adopt the staff recommendation (see Attachment 1). Ms. McLendon seconded the motion. Vote: The motion passed by a vote of 7-0. • Rosemary Square - Application for Modification of Site Plan Approval (SPR-80A-10). Mr. Waldon referred the Board to the staff report and recommendation that the Planning Board recommend that the Council adopt the attached resolution (see Attachment 2) amending condition 1110 of the November 3, 1986 site plan approval to modify and clarify the construction start and completion dates. Mr. Waldon explained that the parenthetical statement in condition 1110 which referred to prior litigation was no longer operative. - Assistant Town Manager Sonna Loewenthal and Fraser Morrow representative Whit Morrow were present (as co-owners of the project) and were available to answer questions. Mr. Waldon explained that the Council had acted on this request in January in its role as co-owner, and that the Planning Board was now acting on the request in its role as regulator. There was no public comment. Motion: Mr. Francisco moved that the Planning Board approve the staff recommendation. Mr. Guild seconded the motion. Vote: The motion passed by a vote of 7-0. Merritt Mill Road Duplexes Subdivision - Application for Preliminary Plat Approval (SD-90-A-1). Mr. Roesler referred the Board to the staff report and the staff recommendation that the Planning Board recommend that the Council adopt the attached resolution (see Attachment 3) approving the application. The applicant's representative had not arrived. There was no public comment. The Board discussed the soil conditions in the area and the topography of adjacent land to the south. Mr. Roesler stated that the proposed subdivision met the Town's development regulations. • Referring to lot 114, several Board members stated that they did not like "flag" lots. Questions were asked about landscape buffer requirements. Mr. Roesler replied that the "flag" design of lot #4 met Town regulations, and that the requirements for landscape buffers also met Town regulations. The necessity of condition 09 requiring a fire flow report was questioned. It was suggested that a fire flow report was an unnecessary expense for a develop- ment of this size, particularly in view of the fact that the surrounding existing development was served by existing hydrants. Condition #1 was discussed at length. Several Board members questioned the • need to require this developer to install a sidewalk along his property's Merritt Mill Road frontage. Questions" were-r iised about whose responsibility it was to build the sidewalk (the developer or the Town). my . _ • Planning Board: March 1, 1988 Attachment 1 . Staff and Planning Board Recommendation 157 AN ORDINANCE lit-ZONING PROPERTY IN THE JOINT PLANNING TRANSITION 411 AREA . WHEREAS, Chapel Hill, Carrboro, and Orange County adopted a Joint Planning Agreement on November 2, 1987; and 1 i WHEREAS, Chapel Hill and Orange County adopted the Joint Planning Land Use Plan on October 13, 1986; and WHEREAS, the Chapel Hill Town Council adopted the Chapel Hill Land Use Plan on July 14, 1986; and WHEREAS, both the Joint Planning and the Chapel Hill Land Use Plans are components of the Town's Comprehensive Plan; and WHEREAS, Chapel Hill's Transition Area is identified in the Joint ' Planning Agreement and the agreement calls for the application of Chapel Hill development standards within the Town's Transition Area; • WHEREAS, the rezoning of the Chapel Hill Transition Area proper- ties, as shown on the attached maps, would achieve the purposes of the Comprehensive Plan; NOW THEREFORE BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council approves the proposed rezoning for the 410 Transition Area from Orange County zoning to the Chapel. Hill zoning designations identified on the attached maps and recom- mends that the Orange County . Board of Commissioners adopt this • Zoning Atlas Amendment, such amendments being necessary to achieve the purposes of the Comprehensive Plan. This the day of , 1988. . . . . 111 • , ' ---j illee,'"Aci,-..i. .... \ % .: / ''•:<:.-..-c ' _ MIN 1 ,..... -.:Nis4.z..6. — L 9 .:. . ,. ',„,, i ... .,zi so giitlai , . L-- 7" • I ,:k.. '.. N. :'i;ir.—'1:::::::t. 0, Or ••,- I':.8.) •„NUM pia /1 f n , ''. v4ty'::5; .y I ... .1,//1 �t���f�j,(][{,�`' ��• t7 Cf yri:;� Q N-r c1,:: 'te " �. ,?s:-':-'�'�",Yr.cfi' .� � ♦ 1—+ X F, �.tga CC cp rsiv — 4•+� X11- M ♦ J r. f :: - c �' ►P r�j z a rte— = 7 cc ilkillikp c, c, - cc cc N. 46,11r)11■ ,---.—':Th;--', i I F._114."...6- "jos .4 "J lir.1101,,g LO . . .: . o cc • A (;:,iiivAptan I I A 171 . 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A a 4 .11ifiti 2. �� - , <-11----1 immirt11,4 - P lis A.:\-:.11%; • Vip o w 7it ---- 1411*.,4 ,k1t.eigilli ... 4,,;4.44%,_.406,v*.-,;F:EA, ;.::.;, \ :_.'.*.4 8 cr. 4.- , tvi ,..,, ,.....ei„ • c'1' rim —, At�t� �r�. �� - .." is .....c .% / .1 - A4M ' ,4 ~.``: il./ I I r- r-- ./.; 1:.-(IC'\ • -' 21Wiggilimlggailgllmglwlagalimmm'nawmaal------ . - 7-, 4 `i• '' ' _ . , , , . • _ . 161 . _ • - , . . . . . . - . 411 ORANGE COUNTY ABOARD OF COMMISSIONERS ACTION ASENDA ITEM ABSTRACT Meeting Date: June 30. 1988 , • Action Agenda 1 Item # ..._■ .1.-L..b . , SUBJECT: ORANGE COUNTY ZONING ATLAS AMENDMENT - TOWN OF CARRBORO TRANSITION AREA ZONING PLAN —.._—_-- --------- DEPARTMENT: Planning pUoL X Yes _ _No HEARING: ATTACHMENT(S) : INFORMATION-CONTACT: Marvin Collins Orange County Planning Director 4/10/88 Memorandum . Carrboro Town Manager TELEPHONE NUNBEpos • 3/3/88 Letter , Hillsborough - .73a-8181 Durham - 688-7331 Mebane - 2E7-2031 Chapel Hill - 967-9251/968-4501 . , . . PURPOSE: To consider a proposed zoning plan for the Transition Areas located within the Carrboro Joint Development 411 Review Area (CJDA), BACKGROUND: Section 1. 3 of the Joint Planning Agreement, enacted November 2, 1987, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 1. Adopting the Agreement (after approved by Chapel • Hill and Carrboro) ; • 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include • the. following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA), and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA; and b. A Zoning Map prepared by Carrboro for that portion of the Transition Area that lies in the Carrboro Joint Development Area (C.TDA), and the Carrboro Land Use Ordinance, making its Ilk . provisions applicable to that portion of the --- - - -- - - Transition-Ares- located within the =AI and • . IBMINIONN 16 2 - - _ 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition Area I and II designations. The proposed Zoning Plan addresses item 2-b above. The Orange County Planning Staff has reviewed the proposed Zoning Plan and found it consistent with the Joint Planning Area Land Use Plan. (See attached memorandum. ) At its March 3, 1988 meeting, the Carrboro Board of Aldermen approved a resolution which requested that the Board of Commissioners consider the proposed Zoning Plan for adoption in the Carrboro Joint Development Review Area. RECOMMENDATION: The Orange County Planning Staff recommends approval of the proposed Zoning Plan for the Transition Areas in the Carrboro Joint Development Review Area and its incorporation into the Orange County Zoning Atlas. An Orange County Planning Board recommendation will be prepared on July 18, 1988. The Board of Commissioners will consider the proposal for decision on August 15, 1988. - - - _ 0 ORANGE COUNTY-PLANNING DEPARTMENT ' ■L•V 3 -- 306F REVERE ROAD 1±---.- ,- HILLSBOROUGH, NORTH CAROLINA 27278 0 - _ . NHY • . MOORMINft • TO: GRANGE COUNTY MANAGER ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: APRIL 10, /988 ifr SUBJECT: CARRBORO ZONING PLAN FOR TRANSITION AREAS * ' COPIES: ROY WILLIFORD, CARRBORO PLANNING DIRECTOR I have reviewed the Zoning Plan for the Transition Areas located within the Carrboro Joint Development Review Area and found it to be consistent with the Joint Planning Area (SPA) Land Use Plan. Comments regarding the proposal are as follows: Transition ftRa The area area is bounded generally by Buckhorn Creek, the southern and eastern boundaries of Fox Meadow Subdivision, Rogers Road, Homestead Road, the western boundary of the Chapel Hill High School site, the Carrboro extraterritorial jurisdiction line, and Old N.C. Highway 86 and Dairyland Road. Except for ' land owned by the University of North Carolina and commercial • properties at the intersection of Old N.C. Highway 86 and Homestead Road, the entire area is designated as "Suburban Residential" on the SPA Land Use Plan. Single-family homes, duplexes, apartments, condominium and townhouse projects are • permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. Properties owned by the University of North Carolina have been designated "Public-Private Open Space" for research, educational, forest management and recreational functions in the -JPA Land Use Plan. A petition has been submitted by the , University to change the designation on its land to "Future • UNC Development". ELxisting •commercial development-at-the intersection of Old N.C. Highway 86 and Homestead Road/Dairyland Road has been • ------"""Nmlmiuill""NIIIIIIIIM, ' - i ti 4 i . _ - _ • - . , - ,,-,-. - • designated for "Retail Trade" purposes. The Carrboro Zoning Plan has designated the eastern portion 1 of Transition Area I and areas surrounding the Barrington Hills Subdivision as R-20 Residential. The maximum density permitted in an R-20 district is 2. 178 units per acre. The minimum required land area for a residential lot is 20,000 sq. ft. Permitted uses include single-family homes, duplexes and multi-family residences where the permitted density is not exceeded, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. Lands owned by the University of North Carolina have also been placed in the R-20 district. Colleges and universities are not permitted in an R-20 district, implying that the University will have to apply for rezoning if it wishes to use the property for educational or other purposes. The Carrboro Zoning Plan has designated the area on either side of Homestead Road and east of Old N. C. Highway 86 as R-15 Residential. The maximum density permitted in an R-15 district is 2. 90 units per acre. The minimum required land area for a residential lot is 15,000 sq. ft. Permitted uses include single-family homes, duplexes and multi-family residences where the permitted density is not exceeded, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. The commercial area at the intersection of Old N. C. Highway 86 and Homestead Road/Dairyland Road has been designated as B-3-T Neighborhood Business-Transition Area zone. The B-3-T zone is a new district which might be created to make existing businesses at the intersection conforming. Neighborhood commercial needs as well as automobile repair shops would be accommodated by the new zone. The remaining portion of Transition Area I has been designated RR - Rural Residential. The maximum density permitted in an RR district is 1.0 dwelling unit per acre. The minimum required land area for a residential lot is 43,560 sq. ft. Permitted uses include single-family homes, churches, and schools. Duplexes and multi-family residences are permitted on a special or conditional use permit basis where the permitted density is not exceeded. The proposed density and permitted uses are consistent with the JPA Land Use Plan. itataiLLIM Area II The area is bounded generally by Duke Forest, Rogers Road, the southern and eastern boundaries of Fox Meadow Subdivision, Buckhorn Creek, Old N.C. Highway 86, Dairyland . --Road,- and Union Grove Church _Road,All of Transition Area I/ has been designated as RR-Rural Residential. Densities and • MIIIIIIIIIMMINIMIIIIIINemmarr....,.-__ ANN • • to, • - • • permitted uses would be as cited above and would be consistent with the JPA- Land Use Plan. The RR district designation would be extended to those areas near or adjacent to the Duke Forest border if the northern Transition Area II boundary is moved closer to the Forest. Copies of the proposed Zoning Maps and explanatory information are included with the attached Carrboro Town Manager letter. • '‘\10164.4);AtiOACAVD Marvin Collins Planning Director • • • 7___________,.4. si.. _ _ _ 1.6g of North Section 5. The Board concurs with the University space land Carolina's request to change the public/private designation shown on the Orange County Land Use Plan Map for use UNC properties ' located in Transition Area I to a more the designation. appropriate land use design Section 6. This resolution shall become effective upon. adoption. The f o regoing resolution having been subt d this day of a vote , received the following vote and was March, 1988: Ayes: Tom Gurganus, Hilliard Caldwell, Frances Shetley, Bryan Noes: Randy Marshall, Eleanor 'Kinnaird, Judith Wegner Absent or Excused: None do III Williamson, Town Clerk of the Town of Carrboro, hereby Sarah C. that the foregoing is a true and correct copy of a hereby certify adopted by the Carrboro Board of Aldermen at its resolution adop ' ,, meeting of March 1, x.988. ( u.:c.L•. N,V Town Clerk ti , 7 ;0==.:AL114.1.LZ4 ft• Bow.S37 ;2*-1-1‘ -'3\ •o— ‘. •t- _ • 1."-' ; 3 ..:tXMMONMM ';a2,341 March 03, 1988 Mr. John Link, Jr. Orange County Manager Orange County Offices Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Link: As required by the Joint Planning Agreement, the Carrboro Board of Aldermen approved a zoning proposal on March 01, 1988 for the Carrboro joint development review area. I have enclosed the resolution which encompasses the Board's recommendation entitled "A Resolution Requesting Orange County to Amend Its Zoning Atlas and Joint Planning Area Land Use Plan" . The map attached to this resolution depicts the zoning classification proposed by the Carrboro Board of Aldermen. In addition, I have included a description of each zone on the reverse side of the 411 map. The Carrboro Planning Staff will be working with the Chapel Hill and Orange County Planning Staffs to produce a map suitable for public display at the April 13, 1988 hearing. Prior to April 13, 1988, the Carrboro Board of Aldermen will consider a separate resolution asking Orange County to adopt the Carrboro Land Use Ordinance by reference as well as the endorsement of other Orange County Joint Planning Area Land Use Plan amendments. Thank you in advance for providing the Orange County Board of Commissioners with a copy of the enclosed resolution. Sincer y, Robert W. Morgan Town Manager RMW/jes enclo. (1, uu 1os - - . - FD.Sox 337 �.�o 301 West Main Street Carrboro,North Carolina 27510 1'i (919)968-7700 (919)942;8541 The following resolution was introduced by Alderman Tom Gurganus and duly seconded by Alderman Randy Marshall. A RESOLUTION REQUESTING ORANGE COUNTY TO AMEND ITS ZONING ATLAS AND JOINT PLANNING AREA LAND USE PLAN Resolution No. 37/87-88 WHEREAS, Orange County, the Town of Chapel Hill and the Town of Carrboro entered into a Joint Planning Agreement on November 2, 1987; and WHEREAS, Section 2.1b of that agreement calls for Carrboro to prepare a zoning map for the portion of the transition area that lies within the Carrboro Joint Development Review Area (CJDA) ; and WHEREAS, the Carrboro Board of Aldermen conducted a public hearing on February 23, 1988 to consider alternative zoning proposals and to receive public comment regarding transition area zoning alternatives; and WHEREAS, the Carrboro Board of Aldermen, as provided for by Section 2.1b of the Joint Planning Agreement , has voted to recommend the attached Alternative #3 for adoption by Orange County in the CJDA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. The Board hereby requests the Orange County Board of Commissioners to consider the attached Orange County Zoning Atlas amendment at its public hearing scheduled for April 13, 1988 and to take action as specified by Section 2.1 of the Joint Planning Agreement. Section 2. The Board further requests the Orange County Board of Commissioners to amend the Orange County Land Use Plan Map to show the location of and to provide a description of Transition Areas I and II for the Carrboro Joint Development Review Area (CJDA) as per the Joint Planning Area Agreement adopted on November 2, 1987. Section 3. The Board requests that the Orange County Commissioners maintain the Transition Area I boundary of Dairyland Road and Old N.C. 86 in Calvander, as presently shown on the Orange County Land Use Plan. Section 4. The Board recommends that the Orange County • Board of Commissioners adiust __the Northern Transition Area II boundary to coincide more or less with the southern boundary of the Duke Forest properties. 1 /1• Ili —` tarrbor° oint •lannin. T . lion Area Zonin mound, 1987 an intergovernmental working group made up of eight September 22, a County, ©,and Chapel Hill eight elected officals from prang _ endorsed an agreement to establish ath of both for coordinated Planning comprehensive planning in areas north and regulation of future Agreement sets out a method for planning development in a Joint Planning Area by all three parties. e C,ounty's Joint Planning Land The Joint Planning Area is defined in Orange the fro Joint pinning Use Plan and Map,and is split into two sections: planning Area,located roughly between Cazrbaro's northern extraterritorial am Area, area limits and Eubanks Road,�northern extraterritorial area limits and generally between Chapel Hill envisions that suburban residential Interstate-44- The Land Use Plan two and five dwelling units per acre) development(at a density between will occur in the future in the area nearest the towns,and that ru residential development(at densities no greater d 1 unit per the Land Use Plan defines a acre)will occur in the area farther out. Finally, Areas,in which allowable Rural Buffer area outside the towns' Joint Planning densities would not exceed one unit per two acres. Under the terms of the Agreement,Carrboro's Joint Planning Area is divided into two sections: Joint Planning Transition Area I and Transition Area II. The Agreement stipulates that Transition Area I must developed a specified density before TraIISihoa Area II cre.may the Agreement higher than one dwelling unit(DU)per Area Land Use Plan defines Transition Area II,the County's Joint Planning and Map must be amended to include it. cha nges to theme an and Map,that considered at the same time the Agreement are needed in order P e 1,Carrboro's joint Planning Area includes As illustrated in Figur Bolin Creek drainage approximately 4.0 square miles of land lying within the land and Union Grove Chun,and bounded on the k serves ass the general boundary between of the Church Roads. Bolin Creek Transition Areas I and II,with Transition Area located Arta I north of h T extraterritorial area limits, tpwn'S northern north of Bolin Creek and south of Duke Forest 172 ------------1 rte.ri --. . . .. 4-,- __,/-is .pra �� . / 1+,. 1 4414;!"' *Nij . 9 \ if - . 111111111111.0viq 4 9 a 1 " '"Z a 0 k i "14 t'''""-'' . fr., 44 __........, 0,,,,,...,__ I A Allr i dm ,Lmiliiiial. i rte � �killIllgrgjihb... � � - - - 4.. :!=,/..., , , .............,„„,.61....-77......1Alm.., (' iy. i+li`� .4°t a.°:', 4.444"::%;.1. 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CI n3 '''''-''';'''°:,h 'l✓' lam• /j'1 Pf � ^:'�•`V. ;, "r ( \��.� mil'►4`I+ A. a c ili �w _•.rte_...��r." h j -0 a '::�� M i 1.. 1 "Nr Ft!' . ,EIIII I IV0:44„,,,,,,i,,,,,I,„4,, �� 11 `{fir r►1fJ S,. •+4,rte ►.%,■ N • • 11.3 In y annexation by the towns and Other provisions concerning planning boards re re en joint pining Area on the towns p representation from the 3 Agreement stipulates that each town must and boards of adjustment the Apr_ Area,to be adopted by the scheme for its joint Planning following joint County l ng with 'development ordinances,County along wlt�l the towns to the A,g�e@ment. public hearing to be held by all parties the Carrboro Board of Aldermen voted Planning se one f tea th On possible 1988, scheme is bie Zoning �for the'Town's Joint ate P esented as options by the staff. The selected zoning be that were presented eAdatfon to the County,which and voted illustrated in Figure 2. It is a recomsn June q 198, considered at a joint public hearing scheduled for] 3 'describes the Commissioners on Auk 16. Table 1. for the general a the County o zoning districts proposed . general requirements af.the Carrbor that are permitted in each zone. Transition Area. Table 2.describes the uses - is property,or formation about the zoning of a specific pro call A have you need further process,p have any other questions about the Joint Planning P Weeks,Carr bore s Senior Planner,at 968-7727 or 960-7714. • 174 ` ,r,• - imorpo Lit 9 - , f\ • ;;;_74.11.0 ...4111 1 dil IL, - . . ./4.,,,, ....--„,.....alinria-mi. ..,,, ----s„..,. _ ,::::::::.;.,---.1 .. N Illm_.._.• la. ��ih ��' .r ik".‘ 1 i...... try 1ta • '�r_.a.= iwt�.�"., i4i+ti .`r::" .%,,ir•..��i!afi♦i s+i+i+i♦ice•:ii+�•••�+t ;--.._.■�. millowiliva urn ►+. -...r ♦+44 c+':_,a,...++•.. C.� r_� 'ss ►+••.'•.�'.• +..r.♦ `+f. 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'\�:;+++♦.' :..; .^11 1\ - .. -Tr- ►♦ a•...wh� +++♦.+ . f♦.f rig♦� ow NG� !1 ■ 1■ v ■11 T y4♦�1'.♦144,.♦f.+.•,..,...:6,v,4.. p ilikar.,,,iiiiitz, 1 _ !„,,,,1„...,„,......,..,,..„. all 1111,12E/4717,-.,.,gam' n � l• .:....<. tar•.1Cing5' 7 cr•""'��q¢�g�� 41 '►•.+.4♦4+44+1'.:.+ff +:::“`v. / 1 43�. 0 ma ..,. .....►+ ..+.+..♦ p ♦ s #z .R�. +.+..+►..+ �� G�i N vim►+► p'■ y,.,q e ss� ram �*lam■ S. d. 0! ..,,,,,,-?. 1.,,,-,.;;. � j�1��r Q 'O foil . t�� r `ate � 0 + �'ir�'T r)� j1��J�� -0 ir► yr �A 1E1 i 'r am r r t to 16ma'- ( `irowA',r�.�je11 at IM d'► r- 'r•r -1, r , t- S. r. Ala is,0 cr, in . SA or. f Sal f .11 NNINNINI Ill 4* • Lesodo.ad 6utuoZ 2e y uo��� sue.al oaoq44e3 'Z 321R9I3 w T TRANSITION GARRBQRQ JOINT PLANNING AREA ZONING DESCRIPTION OF PR0Sm ZONES , ZONE TONE DESCRIPTION dwelling Residential, 10,000 square i 4 35�land dwelling r ��DUS -- R-10 unit(a maximum density of . per acre). IManmum building height is 35 feet feet of land requires per dwelling R-15 Residential, d square of 2.90 Ms per acre). Maxims unit(a maximum t is 35 feet t. dwelling Residential,20,000 square feet of land required mum R-20 R of 2.17$DU per unit(a maxims density building height is 35 fee square feet of land required per Rural Residential,43,5 duty of 1.0 DU per acre). This R-R dwelling unit(a maxim definition of the definition reflects a revision to �ul# ��y ��the R-R zone,which will take effect with i l of the Joint Planning Agfeement Main adoption ion height is 35 feet ei borhood Business --Transition Area. business tthe B-3-T N ed to accomodate comet zone designed level and which are more appropriately rural neigh community level. In order dealt with at that level than at the ctm>m ni neighborhoods,no to insure compatibility with e�sin surrounding building B_3 T zone may exceed 5 a height is 28 feet. ZONES,MINIMUM LOT SIZES MAY NOTE: IN ALL RESIDENTIAL THE O_LOWNIAS DEVELOPMENT). 'ARCHITEC- TURALLY OR THE DESIGN OPTION�©� AS AN TROUGH CL SUBDIVISION" (OR H A LT OUY MINIMUM LOT SIZES CAN BE REDUCED W MAY NOT EXCEED ALTHOUGH ©�LL�'I IVE DENSITY ON ATRACT THE THE U DENSITY FOR THE ZONE AS DESCRIBED DEVELOPMENT'S THE RA SP Y E I THE -�•�,p," SPACE III SUS CA5ES BE��S PART OF III _ gBQUIRED COMMON OPEN SPACE G . _ 176 • TABLE 2. PERMI'TTED USES IN ZONES PROPOSED FOR THE ' ' ''RO OINT PLANNI G TRANSITION AREA Z` Permitted Uses R-10 site built single family homes,class A mobile homes at one home per lot;class A mobile homes at more than one home per lot; duplexes and multifamily residences where the zone's overall permitted density is not exceeded;group homes such as fraternities and sororities,boarding houses;tourist homes;nursing care homes, child care homes;schools;churches;libraries located within a building designed and previously occupied as a residence,or less than 3500 square feet in area;private or public outdoor recreational facilities;police,fire,or other emergency service buildings;agricultural operations;utility facilities;day care centers. R-15 same as R-10,with the exception that tourist homes are not permitted uses in the R-15 zone. R-20 same as R-15, with the exception that commercial greenhouse operations are also permitted uses,where there are no retail sales • involved. R-R same as R-15, with the exception that horseback riding stables, veterinarians,kennels,airports,landfills,cemetaries,and all commercial greenhouse operations are also permitted uses. B-3-T site built single family homes,class A mobile homes at one home per lot;class A mobile homes at more than one home per lot;duple and multifamily residences; temporary homes and overnight shelters for the homeless;sales and rental of goods at high and low volumes of business, where there is no storage or display of goods outside a building;banks with drive-in windows;churches;libraries located within a building designed and previously occupied as a • residence,or less than 3500 square feet in area;indoor recreational facilities such as bowling alleys,skating rinks,community centers; gas sales operations;police,fire,and other emergency service buildings;post offices;dry cleaners and Laundromats;utility facilities;open air markets and horticultural sales;nursery schools and day care centers;automobile service stations and automobile repair shops or body shops. • • . - 177 .._ , - 01/ ORANGE COUNTY _BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT • Meeting Dates June qq.„ 1988 Action A enda ,_ Item * '"' P4f) SUBJECT: ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS . DEPARTMENT: Planning PUBLIC HEARINS: X Yes ' No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins • Proposed Amendments - Article 4. 1. 1 , , . . - Article 4. 1.2 , __________ • - Article 5. 1. 1 TELEPHONE NUMBERS: - Article 5. 1.2 Hillsborough - 732-8181 - Article 20.3.3 Durham - S88-7331 Chapel Hill Town Council Mebane - 227-2031 2/22/88 Resolution Chapel Hill - 967-9251/988-4501 PURPOSE: To consider proposed Zoning Ordinance text amendments which would implement the provisions of the Joint 411 , Planning Agreement through: 1. Incorporating, by reference, the Town of Chapel Hill Land Development Ordinance as part of the Orange County Zoning Ordinance, making its provisions applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Area; 2. Incorporating, by reference, the Town of Carrboro Land Use Ordinance as part of the, Orange' County Zoning Ordinance, making its provisions applicable to that portion of the Transition Area located Within the Oarrboro Joint Development Area; and . - 3. Incorporating a new Article 20.3.3 into the Orange County Zoning Ordinance which' identifies procedures for considering and approving amendments to the Town of Chapel Hill Land Development Ordinance (and Zoning Map) and/or the Town of Carrboro Land Use Ordinance (and Zoning Map). BACKGROUND: Section 1.3 of the Joint Planning AgreeMent, enacted November 2, 1987, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 410, - . . • ...-....- - - ._ - - ----• -- . . • . . . • . ------■■•01°"`"'""1.11111111111111/11"11 178 Adopting the Agreement (after approved by Chapel Hi)a and Carrboro) ; 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: • a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA), and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA; and b. A Zoning Map prepared by Carrboro for that portion of the Transition Area that lies in the Carrboro Joint Development Area (CJDA), and the Carrboro Land Use Ordinance, making its provisions applicable to that portion of the Transition Area located within the CJDA; and 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition Area I and II designations. Section 2.6 of the Joint Planning Agreement also sets 411 forth procedures for processing amendments to the Orange County Zoning Ordinance (and Atlas), the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance. The proposed amendments to Articles 4. 1. 1 and 5. 1. 1 address item 2-a above. The proposed amendments to Article 4. 1.2 and 5. 1.2 address item 2-b above. The proposed new Article 20.3.3 addresses item 3 above. At its February 22, 1988 meeting, the Chapel Hill Town Council adopted a resolution requesting that the Board of Commissioners adopt by reference the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area. RECOMMENDATION: The Planning Staff recommends approval of the proposed Zoning Ordinance text amendments and the incorporation, by reference, of the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance into the Orange County Zoning Ordinance. A Planning Board recommendation will be prepared on July 18, 1988. The Board of Commissioners will consider the propawEls-for decision on August 16, 1988. MINIS11.1115111111111.1111.111"....111 ----- - 0.0 ( FEB 26 1988 .._ .... ..,_ 179 .. ' CIO • '' ''' TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHA.PEL HILL,Nowni CAROLINA 27516 OFFICE OP The Mmtott (919)9684714 February 24, 1988 . ,. ,... . . . . . , . . . Ms. Shirley Marshall, Chair Orange County Board of Commissioners st 106 East'Margaret Lane • .:-. ,Hillsborough, N.C. 27278 . . _ Dear Shirley: On February 22, the Town Council passed a resolution requesting the - Orange County Commissioners to hold a Public Hearing on, and subsequently adopt, the Chapel Hill Development Ordinance for application to the Joint Planning Transition area The resolution is enclosed._ - . . . .. This resolution simply asks formally for the action already agreed •_ to in the Joint Planning Agreement. . . With kind regards and best. wishes, .. , Sincerely, , . - . - , - . . . . . .., . s..„...... . . _ JLIilan B. Howes Mayor ' - . , . - - cc: ,. John Link, County. Manager , David R. Taylor, Town Manager .. _ . . .. .... - - .. . . • Iua••Nmmw•"'"'",......-------_ . ,,f, .-.,. • . _ _ 11(e3 IL , - _ ,. . _ AGENDA #9 410 - - MEMORANDUM TO: Mayor and Council FROM: David R. Taylor, Town Manager SUBJECT: Joint Planning Implementation: Requesting Orange County to Adopt Chapel Hill Development Regulations , DATE: February 22, 1988 . . The attached resolution would request that the Orange County Board of Commissioners adopt Chapel Hill's Development Ordinance, for application in the transition zones of the Joint Planning Area. • . REOISEggd . On October 26, 1987, the Council unanimously authorized execution of a new Joint Planning Agreement. The County Commissioners and the Carrboro Board of Aldermen took similar actions. The newly adopted and signed Joint Planning Agreement does not become effective until four things happen: 410 1. Orange County adopts the agreement. (This has . taken place) . . . , 2. Orange County amends its Zoing nAtlas in accor- dance with zoning recommendations prepared by the Towns of Chapel Hill and Carrboro. 3. Orange County adopts by reference the Chapel Hill Development Ordinance , and makes its provisions applicable to that portion of the Transition area located within the Chapel Hill Joint Development Review Area. . 4. Amending the Joint Planning Area Land Use plan. Another agenda item tonight calls a Joint Public Hearing for April 13 to hear proposals that would affect items 2 through 4. . We recommend that the Council formally request that the Orange County Board of Commissioners adopt the Chapel Hill Development Ordinance for application in Transition Areas, under Chapel Hill's administration. (This would begin the process to accomplish item (3. ) above. 411 . . --.."'"'*'*"'""" a"Mg''MMIIMIIMMMIMIMMMIIMIIIMIMIIIIIIIIIII.III.II"IIIIII. • . • , 2 182 Recommendation We recommend that the Council adopt the attached resolution, III which would request that the Orange County Board of Commissioners hear, on April 13, a proposal to adopt Chapel Hill's Development Ordinance for application in transition areas, and that the Board of Commissioners subsequently adopt the Development Ordinance by reference. 410 IMINNIMIIIIIIII.m...mm.-------- _ , i 3 ib 3 - .._ -. • --- A RESoLUVIDOIC-4REQUESTING ORANGE COUNTY TO ADOPT CHAPEL HILL'S 411 DEVELOPMENT ORDINANCE AS PART OF THE JOINT PLANNING AGREEMENT . (88-2-22/R-19) WHEREAS Orange County and the Town of Chapel Hill have signed a Joint Planning Agreement; and WHEREAS Section 2.1 of that agreement calls on Orange County to adopt by reference the Chapel Hill Land Development Ordinance and Make its provisions applicable to that portion of the Transition area located within the Chapel Hill Joint Development Review Area; and WHEREAS Section 2.6.0 of that agreement specifies procedures by which subsequent amendments to the Chapel Hill Development Ordinance may be incorporated further by reference by Orange County for application in transition areas; NOW THEREFORE BE IT RESOLVED the Council of the Town of Chapel Hill that the Orange County Board of Commissioners is hereby requested to ,teke the action specified in Section 2.1 of the Joint Planning Agreement, adopting by reference the Chapel Hill Development Ordinance for application to that portion of the Joint Planning Area's Transition Area located within the Chapel Mill Joint Development Review Area. . O BE IT FURTHER RESOLVED that the Orange County Board of Commis- sioners is hereby requested to consider this action at a Public Hearing scheduled for April 13, 1988. This the 22nd day of February, 1988. . . . - . . 41/ • _________-----------■■••"11" 2 hi 4 _ .1 8 b _ _ .. ....,,,,,:. ID .... _ . PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE ORIGIN OF AMENDMENT: Staff Planning Board . _Staff _____publio X Other: Joint Planning Agreement STAFF PRIORITY RECOMMENDATION: X__Hgh_____Middle_____JLow Eliement: ' EXPECTED PUBLIC HEARING DATE: April /3, 198B PURPOSE OF AMENDMENT: To implement the provisions of the Joint Planning Agreement through incorporati ng, by refer ' the Town of ChaPel Hill Land Development Ordinance as part of the Orange County Zoning Ordinance, making its provision 411 applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Area. IMPACTS/ISSUES: Section 1.3 of the Joint Planning Agreement, enacted November 2, 1987, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 1. Adopting the Agreement (after approved by Chapel Hill and Carrboro) ; 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA) , and the Chapel Hill Land Development Ordinance, . making its provisions applicable to that portion of the Transition Area located within the CHJDA; and i 411 b. A Zon4 Map PP in Ma pre Par by Carrboro for Y that portion of the Transition Area that Iiiii-6-the Carrboro Joint Development Area (CJDA) , and the Carrboro Land Use Ordinance, making its . . --'. MMMMIM.M11.1.11.01.1111.111111.1111. J .4, 186 - - • • 411 prdvisions applicable to that portion of the Transition Area located within the CJDA; and 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition Area I and I: designations. The proposed amendment addresses #2-a above. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENT: The proposed amendment is as follows: 4. 1. 1 Town of Chapel Hill Land Development Standards The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted 411 Joint Planning Area Land Use Map. #*****************************************************4 ORDINANCE REVIEW COMM/TTEE: PLANNING BOARD REVIEW: BOCC REVIEW: 411• • • _ _ . _ 4IM .,....,, _ PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE ORIGIN OF AMENDMENT: Staff Planning Board -----BOCC -----Public ----.-- X Other: Joint Planning Agreement STAFF PRIORITY RECOMMENDATION: X High_____Middle_____Loe Comment: EXPECTED PUBLIC HEARING DATE April 13, 1988 PURPOSE OF AMENDMENT: To implement the provisions of the Joint Planning Agreement through inc°rPQrating, bY refenen°01 the Town of Carrboro Land Use Ordinance as part of the Orange County Zoning Ordinance., 410 making its provision applicable to that portion of the Transition Area located within the Carrboro Joint Development Area. IMPACTS/ISSUES: Section 1.3 of the Joint Planning Agreement, enacted November 2, 087, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 1. Adopting the Agreement (after approved by Chapel Hill and Carrboro) : 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA), and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA: and 411 b. A Zoning Map prepared by Carrboro for that portion _of the Transition Area __ that lies in the Carrboro Joint Development Area (CJDA), and the Carrboro Land Use Ordinance, making its ------- ••■•=1M11.011.1.11.11.11111M10111.1111M 188 _ 411 provisions applicable to that portion of the Transition Area located within the CJDA; and 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition Area I and II designations. The proposed amendment addresses #2-b above • by adding a new Article 4. 1. 2 to the Orange County Zoning Ordinance. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENT: The proposed amendment is as follows: 4. 1.2 Town of carrboro. Land Development Standards The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review 111 Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. *****11-1HHHHH1*****11HF*****IHHHHHHHHHHi****4-111HF*****1HF***** ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: • - • -- _ • 4111/ 111.1111111!1"1111111.111.11=11.1M..77. • . • ' 1 18f.) _ __:,..-,- . , • 411 _ _ . PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONINC ORDINANCE ' . REFERENCE: : TIE 5. ESTABLISHMENT OF DIt'S-NSIONAL REOUIRE:IFNTS ORIGIN OF AMENDMENT: Staff Planning Board . ___staff __publie . X Other: Joint Planning Agreemert STAFF PRIORITY RECOMMENDATION: ' Comment: EXPECTED PUBLIC HEARING DATE: April 13, 1988 PURPOSE OF AMENDMENT: To implement the provisions of the Joint Planning Agreement through incorporating, by reference, the Town of Chapel Hill Land Development Ordinance as part of the Orange County Zoning Ordinance, making its provision 411 applicable to that portion of the . Transition Area located within the Chapel Hill Joint Development Area. IMPACTS/ISSUES: Section 1. 3 of the Joint Planning Agreement, enacted November a, 1987, states that the Agreement shall become effect lye on the effective date of an Orange County ordinance: , . 1. Adopting theAlgreement (after approved by Chapel Hill and Carrboro) ; • Amending the Count)/ Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map preparedby Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA) , and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA; and b. A Zoning Map prepared by Carrtoro for 411 that portion of the Transition Area _ _ . . __ that l -irr-the Carrboro Joint ' Development Area (CJDA) , and the Carrboro Land Use Ordinance, making its . ' . . r - s , 190 . - • 410 7-rovision= ;ddlimadl= td that dr-rtion of the Transition Area located within he and 3. A:rending the Joint Planning Land Lse text end map to reflect the existence and show tha location of 'Transition Area r and desidnations. The proposed amendment addresses #2-a above ty addind a new Article 5. l. i to the Znande County Zoning Ordinance. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENT: The proposed amendment is as follows: 5. 1. 1 Town of chapel Hill Land Development Stardards The regulations governing minimum lot size, minimum lot width, required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set 410 forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. ******************************************************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: • _ _ Me0.1111111111.1"111.1."1111111..1 "— r • 4 4 a - . - _ . - 1 9 1 - - • - ‘ PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS ORIGIN OF AMENDMENT: __ _Staff --_ _P1 ' Board BOCC -- Public X Other: Joint Planning Agreement STAFF PRIORITY RECOMMENDATION: X High_____Middle_____Low Comment: EXPECTED PUBLIC HEARING DATE: April 13, 1988 PURPOSE OF AMENDMENT: To implement the provisions of the Joint Planning Agreement through , incorPorating, by reference, the Town of Carrboro Land Use Ordinance as Part of the Orange County Zoning Ordinance, 411 making its provision applicable to that portion of the Transition Area located within the Carrboro joint Development Area- IMPACTS/ISSUES: Section 1.3 of the Joint Planning Agreement, enacted November 2, 1987, states that the Agreement shall become effective on the effective date of an Orange County ordinance: 1. Adopting the Agreement (after approved by Chapel Hill and Carrboro) ; 2. Amending the County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations to include the following: a. A Zoning Map prepared by Chapel Hill for that portion of the Transition Area that lies in the Chapel Hill Joint Development Area (CHJDA) , and the Chapel Hill Land Development Ordinance, making its provisions applicable to that portion of the Transition Area located within the CHJDA: and 411 b. A Zoning Map prepared by Carrboro for that portion_of the Transition Area - that lies in the Carrboro Joint Development Area (CJDA) , and the Carrboro Land Use Ordinance, making its --------..w.m...11•111...11111.1111111111111 - . 192 . . _ . _ III provisions applicable to that portion of the Transition Area located within the CJDA; and 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition Area 1 and II designations. The proposed amendment addresses #2-b above by adding a new Article 5. 1. 2 to the Orange County Zoning Ordinance. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENT: The proposed amendment is as follows: 5. 1. 2 Town of Carrboro Land Development Standards The regulations governing minimum lot size, minimum lot width, required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth 4I/ , herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. *************************** ************************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: . , . III „_. 4 1 4 • '' 1 .,-.. . - . 410 -i..;-...--_,-,... • _PROPOSED ORDINANCE AMENDMENT ORDINNCE: ZONING ORDINANCE REFERENCE: ARTICLE 20. AMENDMENTS . ORIGIN OF AMENDMENT: _____Staff Planning Board , ___DOCC ----Public __X__Others Joint Planning Agreement STAFF PRIORITY RECOMMENDATION: X High ___Middle_____Low COmments EXPECTED PUBLIC HEARING DATE: April 13, 1988 PURPOSE OF AMENDMENT: To implement the provisions of the Joint Planni .------ww•mmummlimm' rl....r % • . . ..., .. , _ - .. _ • . _ .,___,_.... . • • - 410 - - provisions applicable to that portion of- the Transition Area located within • the CJDA; and 3. Amending the Joint Planning Land Use Plan text and map to reflect the existence and show the location of Transition- Area I and II designations. Section 2. 6 of the Joint Planning Agreement also sets forth procedures for processing amendments to the Orange County Zoning Ordinance (and Atlas), the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance. (Copy attached. ) The proposed amendment addresses the procedures by which amendments to the municipal ordinances and zoning plans are incorporated into the County Zoning Ordinance (and Atlas). EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENT: The proposed amendment is as follows: 20.3.3 applicAtions for Amendments-Joint Plannin Area Applications for amendments to the Orange County Zoning Ordinance and Zoning Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development Ordinance land Zoning-Meps) lor the Carrboro Land Use Ordinance land 'Zoning Maps).-shall be as specified in this Article and as specified in the Joint Planning Agreement adopted. November 2, 1987. Any text amendments adopted by. Orange County shall be adopted by reference as though fully set forth herein. Any map amendments adopted by Orange County shall be officially denoted on the County. Zoning Atlas. Where there is inconsistency. between the amendment procedures contained in this Article and those contained in the Joint Planning .Agreement,. the provisions of the Joint Planning Agreement shall apply. ORDINANCE REVIEW CONN/TTEE: PLANNING BOARD REVIEW: BOCC REVIEW: • ,,, • • • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 e • MEMORANDUM TO: ,ORANGE COUNTY MANAGER ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: APRIL 10, • 98 a SUBJECT: CHAPEL HILL ZONING PLAN FOR TRANSITION AREAS COPIES: ROGER WALDEN, CHAPEL HILL PLANNING DIRECTOR - - I have reviewed the lonind Plan for the Transition Areas located within the Chapel Hill Joint Development Review Area - • and found it to be consistent with the Joint Planning Area (JPA) Land Use Plan. Comments redardinn the proposal are as follows: Rio.pa 4 I - Southern Trianple Area The area is bounded nenerally by the Chatham County line, the Chapel Hill extraterritorial jurisdiction line, and Old Lystra Road. The area is designated Suburban Residential- on tne JPA Land Use Plan. Sincle-family homes, duplexes, _ apartments, condominium and townhouse projects are permitted at densities rantinp from one (1) to five (5) units per acre. -Public utilities and other urban services are to be proVioed. The Chapel Hill Zoninn Plan has desimnated the entire area R- 1 Resibential. The coninm desiccation is consistent with adjacent coninn within the Chapel Hill extraterritorial jurisdiction. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The minimum required land area for a .residential lot is 17, 000 soft. Permitted uses include eincle-family homes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. Area 4E' 71 Weaver Dairy Road/Sunrise Road Area The area is bounded generally by 1-40, the Chapel Hill extraterritorial jurisdiction line, Weaver Dairy Road, and r •)• 4- •. - Sunrise Road. The area is designated Suburban Residential on the JPA Land Use Plan. Single-family homes, duplexes, • apartments, condominium and townhouse projects are permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. The Chapel Hill Zoning Plan has designated the entire area R- 1 Residential except for a tract west of Sunrise Road and south of 1-40 designated R-2 Residential. The R-1 zoning designation is consistent with zoning in the Chapel Hill extraterritorial jurisdiction adjacent to Weaver Dairy Road and- properties near 1-40. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The minimum required land area for a residential lot is 17, 000 sq. ft. Permitted uses include single-family • homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. The maximum density permitted in an R-2 district is four (4) units. per acre in a planned development. The minimum required land area for a residential lot is 10, 000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. Area #3 L.- Homestead Road/Eubanks Road Area • The area is bounded generally by the Chapel Hill extraterritorial jurisdiction line, N. C. Highway 86, Clyde Road, Mill House Road, the northern and western boundary lines of the landfill Site, Eubanks Road, Ropers Road, Homestead Road, the western and southern boundary lines of the Chapel Hill High School, and Sewell Road. The area has been designated as follows on the JPA Land Use Plan: 1. Public-Private, Open Space - Two areas have been designated for research, educational, forest management and recreational functions on the JP R Land Use Plan. The areas include the properties owned by the University of North Carolina and properties located between the - existing and future potential landfill sites. A • • petition has been submitted by the University to change the designation on its land to "Future UNC Development". 2. Extractive/Disposal Uses - Designated land areas include the existing and future potential landfill sites. • Z. Urban Residential - One area has been designated for housing with densities ranging from six (S) to thirteen (13) units per acre. The area includes the existing Brookstone Apartment complex on the corner of N. C. Highway BE and Homestead Road. • • • • • • • 203 4. Light Industrial - The Chapel Hill Industrial Park • (CHIP) located at the intersection of the railroad and Eubanks Road has been designated "Light Industrial". Office-Institutional - With the exception of the Chapel Hill Industrial Park, the area bounded by 1-40, Clyde - Road, Mill House Road, and Eubanks Road has been desionated "Office-Institutional". A small area south of Eubanks Road and CHIP has also been designated similarly. Areas designated as such are intended for financial, insurance, real estate, legal, medical, and business services. • E. Rural Residential - R small area on the southeast corner of Eubanks Road and Ropers Road has been designated "Rural Residential" to serve as a buffer for Duke Forest. Such areas are planned for low-density residential development consisting of single-family • homes on lots two (2) acres in size or larger.- Public utilities are not to be extended to such areas. 7. Suburban Residential - The remainder of the area has • been designated "Suburban Residential". Single-family homes, duplexes, apartments, condominium and townhouse projects are permitted at densities ranging from one (1) to five (5) units per acre. Public utilities and other urban services are to be provided. • Except for the Brookstone Apartment complex and the tract • • immediately south, the Chapel Hill Zoning Plan has designated • the area south of Homestead Road for R-2 Residential zoning- The maximum density permitted in an R-2 district is four (4) units per acre in a planned development. The minimum required land area for a residential lot is 10, 000 sq. ft. Permitted uses include simile-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. Lands owned by the University of North Carolina have also been placed in the R-2 district. Colleges and universities are not permitted in an R-2 district, implying that the University will have to apply for rezoning if it wishes to use the property for educational or other purposes. - The Brookstone Apartment complex and adjoining property is designated as R-4 Residential. The maximum density permitted in an R-4 district is ten (10) units per acre in a planned development. The minimum required land area for a residential lot is 5,500 sq. ft. Permitted uses include single-family • homes and duplexes, multi-family dwellings containing three to sever. (3-7) units, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. : • 204 All of the area between Homestead Road and Eubanks Road has been designated R-1 Residential with the exceptions as noted below. The maximum density permitted in an R-1 district is three (3) units per acre in a planned development. The. minimum required land area for a residential lot is 17, 000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. The exceptions to R-1 zoning between Eubanks Road and Homestead Road include the following: 1. The existing landfill site extending on both sides of Eubanks Road has been designated RT-Residential Transition. The RT district is applied to land which is used for agricultural, very low-intensity residential or open space uses but is projected to for conversion to more. intensive uses as the need arises. The minimum required land area for a residential lot is 100, 000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. A landfill is permitted following approval of a Special Use Permit. The proposed density and permitted uses are consistent with the JPA Land Use Plan. 2. Northwood Subdivision on the southwest corner of N. C. Highway BE and Eubanks Road, and Sunset Hills Subdivision north of Homestead Road and east of the railroad have been designated R-1A on the Chapel Hill Zoning Plan. The maximum density permitted in an R-1A district is two (2) units per acre in a planned development. The minimum required land area for a residential lot is 25, 000 sq. ft. Permitted uses include single-family homes and duplexes, churches, and schools. The proposed density and permitted uses are consistent with the JPA Land Use Plan. 3. The area on the southeast corner of Eubanks Road and Rogers Road has been designated RB - Rural Buffer. The district standards for density and permitted uses are similar to the Rural Buffer zoning district standards adopted by Orange County. The proposed density and permitted uses are consistent with the JPA Land Use Plan. • 4. The area adjacent to the railroad and immediately across Eubanks Road from the Chapel Hill Industrial Park has been desinnated MU-DI Mixed Used-Office-Institutional. The same classification has been extended to encompass the Industrial Park as well as all properties fronting on the north side of Eubanks Road between the railroad and 1-40. • [ • 2 05 Permitted uses in the MU-DI district include single and two-family dwellings, and non-residential uses such as clinics, banks, printing/publishing establishments, etc. If a development in a MU-DI district meets the following thresholds, then additional uses such as multi-family dwellings, hotels and motels, general business, and wholesale business are also permitted. a. Minimum lot size of twenty (20) contiguous acres. b. Uses proposed in one of the following combinations: (1) Office, commercial, and residential uses. (2) Office and commercial uses. (3) Office and residential uses. c. At least 60% of floor area devoted to business office uses. • d. No more than 85% of floor area devoted to business office uses. The only tract which does not fit the MU-OX district standards is the Chapel Hill Industrial Park. The Chapel Hill Planning Director has indicated, however, that if building permits are approved for the Industrial Park prior to the Joint Planning Agreement becoming effective, the Town will, honor said permits and allow Orange County to complete all required inspections associated with the permits. The final area designated on the Chapel Hill Zoning Plan is the area north of the Chapel Hill Industrial Park and other properties fronting Eubanks Road. Properties in the area have been designated MU-R-1 Mixed Use Residential-1. Standards for development are similar to those for the M4-01 district but are more restrictive in terms of permitted uses if required thresholds are not met. Copies of the proposed Zoning Maps are included with the attached Chapel Hill Planning Board minutes. 1/6/140(. ..,(1911440 Marvin Collins Planning Director , • MOORE & VAN ALLEN ATTORNEYS AT LAW 0TNE.orr•cER; 301 WEST MAIN STREET. SUITE 800 CrIARLOTTE. COL.tim S.C. post- orFice 310%31343 RKLEoGN, N.C. E. K. POW E DURHAM, N.C. 2770a RESEAREN'MANGLE RARK.N.C. •411ITt4 CR ' SOUTH pRom-SoNimt-OTTE. WREST ow.:I01131 687-2410 bu TEL.EPPIONE RNAN 131134382,3554 • CN4NEL.MILL 1919.025.4835 TELEFAX Q1845132.7131i TO: The Chair and Members Orange County Board of Commissioners Orange County Offices Hillsborough, North Carolina FROM: E. K. Powe representing Mr. James Verner and Mr. Berl Bernhard DATE: June 30, 1988 RE: Public Hearing, June 30, 1988 at 7:30 p.m. - Carrboro Elementary School. PURPOSE: To consider a proposed amendment to the Joint Planning Area Land Use Plan to relocate the Transition Area to boundary north of Carrboro. I have reviewed the material contained in the Orange County Planning Staff Action Agenda Item Abstract for item 1D and . understand that all of that material, including the copy of my letter of June 18, 1987 to Mr. Marvin Collins, will become a part of the record of this public hearing and will be considered by the Board in its deliberations prior to taking action on this Agenda Item. As those documents accurately set forth the factual background and nature of the petition of my clients, I will not undertake to restate them at this time. I have carefully reviewed the possible alternatives to the current boundary dilemma suggested by the County Planning Staff in Agenda Item 1D. My clients, as Orange County property owners, have a. philosophical concern about using their property as a buffer to protect their adjoining property owner for the purposes proposed, but if this is found to be in the public interest and is a valid exercise of governmental power, then my clients would concur in the concept of the recommendation of the Orange County Planning Staff. I say concept so as to request that the County Commissioners consider a modification which I believe can be constructed to obtain the same result as the County recommendation and also preclude a result particularly .detrimental to my clients' use of their property. In the Planning Staff recommendation it was proposed that the Transition Area II boundary be relocated to a set distance of 400 feet from . the Duke Forest border and further recommended that a 100 foot natural buffer be retained or installed on each new lot adjacent . • to the Duke Forest border. This would result in my clients coming under the jurisdiction of two separate governmental agencies in planning the development and the use of their entire tract. If the Planning Staff recommendation were to be adopted, then the property extending 400 feet from the Duke Forest border into my clients' property would fall within the jurisdiction of the Orange County Planning Board whereas the property of my clients which lies 400 feet south of the Duke Forest would fall within the planning jurisdiction of the Town of Carrboro. One solution to this problem would be to adjust the Northern Transition Area II boundary so as to coincide with the southern boundary of the Duke Forest properties as suggested by the Carrboro Board of Aldermen and in addition, in cooperation with the Town of Carrboro, to retain a natural buffer of such distance from the Duke Forest properties as to afford those properties, the protection the Commissioners may determine is sufficient to protect the public interest. This would result in all of the property belonging to my clients coming under ' the single jurisdiction of the Town of Carrboro. It may also result in pushing development further from the Duke Forest. Respectfully submitted, C • • E. K. Powe Attorney for Messrs. Verner and Bernhard ls:EKP VERNERmn -2- rt. • Puke 7tittiruersitg DURHAM NORTH CAROLINA 27/06 SCHOOL OF FORESTRY AND ENVIRONMENTAL STUDIES TELEPHONE(WO 664-2421 OFFICE OF THE DUKE FOREST 1 Statement for the Joint Planning Public Hearing June 29, 1988 Slightly more than two years ago, Duke University commented on the Joint Planning Area Land Use Plan, prior to its adoption. These comments focused on portions of the plan which could potentially affect the operation of the Duke Forest as a natural outdoor laboratory. A section of that statement may bear repeating at this time. Several important forest management criteria should be taken into consideration in the planning process. Teaching, research, and demonstration require both undisturbed areas of vegetation and areas that are actively managed to provide a diversity of stand types and conditions. Increasing development around the Forest, greater traffic flow on roads beside it, and recreational pressures including foot traffic, horseback riding, and the intrusion of motorcycles and four-wheel drive vehicles make our management job increasingly complex. Not only is it difficult to protect sensitive areas of vegetation and expensive scientific equipment, but there may also be adverse public reaction to management activities. These activities include timber harvesting, site preparation, and prescribed burning, each of which is an integral part of the Forest's operations. Duke University appreciates the consideration given by all governmental agencies for the sensitivity of the Duke Forest as an academic resource, and recognizes the difficult task of meeting the pressures for development and allowing for planned growth throughout the county. It is obvious that the Chapel Hill, Carrboro, and the Orange County governments have each given careful consideration to the Duke Forest in this regard. Given the developmental pressures which exist today, and undoubtedly will increase in the future, The Rural Buffer designation seems to incorporate criteria which can reasonably protect teaching and research interests of the Duke Forest. The stability and permanence of any adopted buffer surrounding the Forest is of utmost importance. Changes in the current Rural Buffer boundaries, which would permit more dense development near the Forest, or extensions of water, sewer, and roads through it, would likely compromise its use as an outdoor laboratory. Current plans are for continued use of the Duke Forest to provide research and educational opportunities. We are currently evaluating the long term use of all Duke University property to access changing research requirements and external influences which might affect the Forest . This study may require reevaluation of these lands in the future with respect to the mission and purpose of the University. Pending the results of this study, any action taken by the Board of Commissioners which further enhances the current protection of the Forest is appreciated by Duke University and consistent with past University policy. With respect to the specific proposal under Item D.1.C. to relocate Carrboro's Transition Area II, we recognize that the current designation which incorporates an irregular line, varying in distance from 200 feet to more than 2500 feet from the Forest, may not be equitable for adjoining land owners. The alternatives to move the Transition Area boundary to set a distance has been reviewed by the Duke Forest Advisory Committee, which is composed primarily of faculty who utilize the Forest for teaching and research. It has been difficult for that group to determine an adequate scientific basis for an approprate distance to the Transition Area, though the 400 feet recommended in Alternative 4 is certainly a minimum for continued research uses of these lands. Also, recommendations by the Chapel Hill Planning Board and the Orange County Planning Staff to incorporate a 100 foot natural buffer would enhance the protection value offered by the 400 foot buffer to the Transition Area. We believe it is more critical to incorporate the 100 foot buffer rather than to suggest the longer 670 foot distance in Alternative 3. We therefore concur with the recommendations of the Planning Staff that include a 400 foot distance to the Transition Area and a 100 foot natural buffer. Judson Edeburn Duke Forest Resource Manager I;]EC k'sliEsil puke Anitureitg DURHAM NORTMDAROUNA 27706 SCHOOL OF FORESTRY AND ENVIRONMENTAL STUDIES TELEPHONE(919)694-2421 OFFICE OF THE DUKE FOREST June 29, 1988 Ms. Shirley Marshall, Chairperson Orange County Board of Commissioners Courthouse Annex Hillsborough, N. C. 27278 Dear Ms. Marshall: Attached is a statement prepared by Duke University to be included in the comments on Item D.1.c. for the Joint Planning Public Hearing agenda, June 30, 1988. Neither myself nor another representative will be able to attend but we would appreciate the inclusion of our statement. Sincerely, 2.7,14.6-4,44-■ Judson Edeburn Duke Forest Resource Manager • JDE/vcw Attachment CC: Mr. Martin Collins • ' bean George F. Dutrow Ms. Sallie Shuping-Russell '.. Mx. Max Wallace • ..„.:_,,,.. ...„.:. . • . 6/25/88 119 A pine St. Carrboro, N.O. DISTRIBUTED Orange County Board of Commissioners Hillsborough, N.G. /VC, 6/21/11i . 1 To Whom it may concern: . -----------I--voul-4-like---td-have---on ,reeord-an-opinrolrtWideittilh—g-th ---- Hearing to be held 6/30/88 at the Carrboro Elementary School in . ,- carrboro concerning Joint Planning4rea Land Use Plan. ) y husband, • john S. Till, and Ivirn-property-In the area to bo-doniidered (lot #9 Birnam Woods, in Rollingwood, P.B. 39, page 84 but will be out of toWn for 'the meeting, . 'We would like to express that we: 1 . Want to keep the rural nature of the watershed, area and not increase the . zoning in this area*, 7z-c.,,, . . . .., _ . . , 2, We wish that no major zoning changes occur until after the OWASA study on the watershed is completed. 3. We wish the northern boundary of the Transition Area to remain 14:2„ILAJI since many prOperty owners would be affected by a change. 4. We wish that 122..111r_the in the Transition area I boundary . occur (as described in points 3 and four of the notice sent) since Garrboro-m440A1----elow-More-7den-S6deeialOPMent in this area and hence change the nature of this area- in partidular, Carrboro might allow commercial development .along Dairyland and Old 86 because of I-40 and hence change the character of this area. Thank you for your consideration in this matter. Sincerely, • , J04 , 1S. gV40(111 Ka. ryn H. Newell _ _________- . ..„ _ ---,..■sseissolg . � f l Hated Suburban Resideriti�`Jon Sunrise Road. The area is de5ipiated homes, duplexes, ma , ds are permitted the JPA Land o Sandl townhouse projects ct units prm acre. Y apartments, condominium from one (1) to five provided. Pt densities ranging Public utilities and other urban services are to be The shdeel Hi11 Zoning Plan has desi9 Hated the entire area R- 1 Residential except for a tract west of SuThesR la zoning 1-40 designated R_E Residential. 1 Hill f south of with zoning in the Chap Road designation is consistent adjacent to Weaver Dairy jurisdiction adj permitted R in and properties ot ar The maximum density p planned and -1 district near I three per acre in a P , an development.R-1 district is three (e units P le-family The minimum requiredsland area for sing residential permitted u lot is 17, 000 ex ft- and schools. The proposed { homes and duplexes, churches, b ensity and permitted uses are consistent with the JPA Lan d d : Use Plan. four (4) t. permitted in an R-2 district is aired The maximum density p development. The required units per acre in a planned develop he minimum 000 he mi Permitted es and duplexes, churches, and homes land area for a residential lot is 1 , uses include single-family and permitted uses are schools. The proposed density consistent with the JPA Land Use Plan. Emma 13 - Hames t oad Raadigibanks Rad Area The area is bounded generally by the Chapel Hill extraterritorial jurisdiction line, N. C. Highway 86, Clyde Road, Mill House Road, the northern and western boundary '� Eubanks Road, Rvners Road, lines of R, lines of the d, the and southern boundary lines �, Homestead Road, and Sewell Road. the Chapel Hill High School, has been designated as follows on the JPA Land Use Plat.: er, Soave - Two areas have been 1. public--Privfor Q--• —aeducatiarea 'Forest management �' designated for research, t and recreational functions on the JPA Land Use Plan. The ro ernes owned by the University of areas include the P r4 erties located between the • North Carolina and P potential landfill sites. A existing and future p the University to change petition has been submitted by h the designation on its land to "Future UNC Development".include Hated land areas z ExtractivelDis rtsal Uses landfill sites. . 4 the existing and future potential Urban Residential - One area has been designated to "" with densities ranging from six (6)for teen housing(13) per acre. The area includes the thirteen (1::. units P } . Hrt�okstone Apartment complex on the corner of N. C. Highway e 86 and Homestead Road. a . } i _ meminigimommommix------ 0 . , . PIEDMONT ATLANTIC INC. • vatIshadien/ Larm . . CharAIMIX27614 919J929WNa0 • , , - 1 Enclosed please find a revised letter dated 3une 30, 1988 which is to replace an earlier letter sent to you dated June 16, 1989. The first letter was a rough draft and was erroneusly sent so this letter is the one you should have received originally and is the final copy. We apologize for this inconvienoe but hope this now clarifies the matter. - . . _ . , . . . PIEDMONT ATLANTIC INC. 123 Blaekeherry Lane Chapel Hill NC 27514 919-929-0510 51605a Mayor Town of Carrboro Eleanor Kinnaird 207 W. poplar Ave. Carrboro. N.C. 27510 Re: Highlands Subdivision Homestead Road, Orange County Dear Ms. Kinnaird; I am writing as president of Piedmont Atlantc, Inc. , owner of the above 65-acre project near Chapel Hill High School at the corner of Homestead Road and Rogers Road. In 1986 we obtained Preliminary Plat approval from Orange County for 75 sinnle family lots on 50 wooded acres at the above site. To date we have or are in the process of developinp all these lots. The remaining 15 acres in our tract which consists mainly of old pasture (no trees) is located at the intersection of Homestead and Rogers Roads. BeCAUSO of terrain features, proximity to major thorouphfares, etc. we have never believed that the highest and best use of the 15 acres at the corner would be as large-lot residertLel , orurrty. In fact, at the time we purchased)the intersectiogVesignated tbmEoema as an activity node for neighborhood business or office/institutional use. We are aware that, subsequently, the activity node designation was dropped from the County Land Use Plan, primarily because of stronn citizen opposition from property owners in the 6alvandei- area -to proposed industrial activity in their - -- - - neighborhood. All the above is iingS mentioned as background to the matter at hand. The Town of Carrboro Board has recommended to the County Commissioners that this intersection and all our property be zoned R-20. We agree with the R-20 desinnation for appropriate residentual sites, but we take strong exception to zoning this entire tract as well as practically every square inch in the Carrboro juridiction as R-20. We have offered testimony to the Town Board in opposition to this recommendation. The Town is recommending zoning in an area of approximately 1,a00 acres; according to the Town' s recommendation all of the land would be zoned R-20, except for very limited amount of business zoning to legitimize some of the existing businesses at Calvander. We believe this zoning recommendation is wrong and short-sighted. _.--mailiesmalm•IMIMEMENIMI111111111111111111111.11 1111111.1.1..111.11MMIMM Highland Subdivision June 16, 1988 page 2 One day there will more than 5000 Residents living on the 1, 800 acres of R-20 property, those residents will need neighborhood business services and will need professional and office saace for banks, accountants, doctors, dentists, veterinarians and other support services that every residentual neighborhood relies on Professional olanners know and the Town Board should know that there will eventually have to be some limited neighborhood business and 0 & I zoning within the 1800 acres. It is short-sighted not to plan for these needs and zone properly now. Activity nodes must be established within the 1800 acres. It is short-sighted to force future residents to travel long distances by car to obtain luardry„ do grocery shopping, buy fuel and tend to everyday needs. Neighborhood businesses do not attract growth and traffic, they support the growth in the area as it occurs. Besides being short-sighted, it is wrong to mislead residents who now live in the area. We believe that future rezorings will have to occur. Isn't it better to pre-plan activity locations and business uses in strategic locations rather than reacting to piecemeal, and often devisive, case-by-case requests for rezoning. This county has always pre-planned its activity nodes and put all residents on notice about the need and location for neighborhood services. We strongly urge the Commissioners to remand the recommendation of the Town of Carrboro back for further study for the specific purpose of identifying activity nodes within the 1800 acres. [he present zoning plan, in our view, will lead to undesireable and devisive case-by-case zoning decisions which are not in the best interests of residents, Property owners, developers or elected officials. 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'.-, s...-..:--:......7::•.••-:'-'•„,.:::-',- •- %••••*."' ‘*•"•-; :-. •:-' ' • • - - •• - -• - . ---- - . , •. •. _ . „ , . . „,, . :„... . • • - -- -• :, • . • • • • •• • • '-•• ••- • - . • • . . . • • - • • .. . . * ' , , . _ ' . _ .• . . - * •*• . -.., ...„ . . •-• - - . • • . • . , . • . . - :-• . . _ . • . . • , . . . _ „. ... , ...•„•. . . -• . • . . . • _ _ - PIEDMONT ATLANTIC INC. • • 123 Blaekeherry Lane Chapel Hill NC 27514 919-929-0510 Enclosed please find a revised letter dated June 30, 1988 which is to replace an earlier letter sent to you dated June 16., 19B8 The first letter was, a rough draft and was erroneusly sent so this letter is the one you should have received originally and is the final copy. We apologize for this ineonvience but hope this now clarifies the matter - . , - - • • . . • • PIEDMONT ATLANTIC INC.' 123 Blackcherry Lane Chapel Hill NC 27514 919-929-0510 • 51606a . Revised: June 30, 1988 • Chair Orange County Commissioners Shirley Marshall 707 East Franklin St. • • Chapel Hill, N. C. 27514 Re: Highlands Subdivision Homestead Road, Orange County Dear Ms. Marshall: • I am writing as president of Piedmont Atlantic, Inc. , owner of the above 65-acre project near Chapel Hill High School at the corner of Homestead Road and Rogers Road. In 1986 we obtained Preliminary Plat approval from Orange County for 75 single family lots on 50 wooded acres at the above site. To date we have or are in the process of developing all these lots. The remaining 15 acres in our tract, which consists mainly of old pasture (no trees) , is located at the intersection of Homestead and Ropers Roads. Because of terrain features, proximity to major thoroughfares, etc. we have never believed that the highest and • best use of the 15 acres at the corner would be as large-lot residential property. In fact, at the time we purchased the property/ the Land Use Plan designated the intersection as an activity node for neighborhood business or office/institutional use. • We are aware that, subsequently, the activity node designation was dropped from the County Land Use Plan, primarily because of strong citizen opposition from property owners in the Calvander area to proposed industrial activity in their neighborhood. All the above is mentioned as background to the matter at hand. • The Town of Carrboro Board has recommended to the County • Commissioners that this intersection and all our property be zoned R-20. We agree with the R-20 designation for appropriate residential sites, but we take strong exception to zoning this entire tract as well as practically every square inch in the • Carrboro jurisdiction as R-20. We have offered testimony to the Town Board in opposition to this recommendation. The Town is recommending zoning over an area of approximately 1, 800 acres; according to the Town' s recommendation, all of the land would be zoned RR, R-15, and R-20, except for a very limited amount of business zoning to legitimize some of the existing businesses at Calvander. We believe this zoning recommendation is wrong and short-sighted. • • • Highland Subdivision June 30, 1566 dace 2 One day there will more than 5000 resioents living on the 1.800 acres of property; tnose residents will need neighborhood business services ano will neeo professional ann office space for banks, accountants, ooctors, oentists and other support services that every resioentual neighborhood relies on. • Professional planners know and the Town board should know that there will eventually have to be some limited neighborhood • business and 0 & I zoning within the 1800 acres. It is short-siohteo not to plan for these neeos ano zone properly now. Activity nodes must be established witnin the lduu acres. It is short-sighted to torte future resioents to travel long distances by car to obtain laundry, do grocery shopping, ouy fuel and tend to everyday needs. Neighborhood businesses do not attract growth and traffic, tney support tne growth in the area as it occurs. Besides being snort-sighted, it is wrong to mislead residents who now live in the area. We believe tnat future rezoninos, wiil nave to occur. isn't it better to pre-plan • activity locations and business uses in strategic locations • rather than reacting to piecemeal, and often devisive, case-by-case requests for rezoning? This county nas always pre-planned its activity nooes ano put all residents on notice about the need. and location for neighborhood services. We strongly urge the Commissioners to postpone a decision and remand the zoning recommendation back 'CO the Town of Carrboro for further study ann for the specific purpose of identifying activity nodes. if the Comissioners wish to approve the current zoning plan now, we ask 'that a simultaneous resolution be Passed requesting the Town of Carrboro to thoroughly reexamine the newly designated k-20 areas. and make a recommendation py 1 Dec. 188, for instance, concerning the designation of activity nooes within the Ib00 acres. The present zoning Plan without activity nodes will, an our view, lean to undesireable aria oevisive case-by-case zoning decisions wnicn are not in the pest interests of resioents, property owners, oevelopers or electea officials. • We will appreciate your attention in tnis matter. sincerely, 142114...... Zale Redfoot Presioent • ----------- , . Linda Brockwell Roberts Madame Chair, County Commissioners, Chapel Hill Town Council, Carrboro Board of Aldermen and Planning Staff and Orange County Planning Staff and Board. . . My name is Linda Brockwell Roberts. As most of you know, I'm from the Heart of Calvander and I'm a member of the Calvander Community Association. May I take this opportunity to thank each of you for all of the hard work that has gone into this Joint Planning Land Use Plan. We have all come a long way in the last three or four years and I for one have certainly learned a lot about governing boards. I hope that maybe you'll have learned a little something along the way too -- that most community residents, especially life-long residents have a pretty good idea about what is best for their neighborhood. You see, it's kind of like me coming into your house and rearranging all of your furniture and belongings and trying to tell you I know what goes where better than you do. Now, by me having never been inside of your house, much less lived there, you must know that you would all probably tell me to get out - that I don't know what I'm doing! Well, you can kind of compare that situation to what county residents are faced with when we have strange people trying to tell us what's good, bad, and often times indifferent for us and our community. But, somehow, thru many, long and sometimes heated meetings, we have all managed to stumble around and work out an arrangement that seems as close to being fair for all as we're going to get - that being the Carrboro Transition Area Zoning Proposal Map for Carrboro's Joint Planning Transition Areas I & II. However, in recently studying Carrboro's Permitted Uses under their B-3-T Zone - I have discovered that in their wording they would cause "Chuck's Quick Stop" to become nonconforming. It says "sales and rental of goods at high and low volumes of business, where there is A2 storage or display 2f goods outside, a building; " I request that the last part of that be deleted. It's almost impossible to operate any kind of store whether it be a convenience store or gardening supply store without displaying some merchandise outside the building. Huggins Hardware on Airport Road is a good example. I feel this is the time to get this cleared up. At this time, I would like to thank Carrboro Aldermen, Tom Gurganus, Hilliard Caldwell, Jay Bryan and Frances Shetley for their support of this map. They had three choices and they chose this map because it had the lowest density. Their understanding and compassion for wanting to preserve our rural countryside as much as possible is greatly appreciated by many country folks. I am so thankful that there are some people on governing boards that really do care about preserving nature, for our younger generations to enjoy in years to come. I truly feel that if all of the transition area land is developed to its highest alloted density - one is day you will look back and say "Why did we allow this to happen to our beautiful countryside! " - and if we don't live to regret letting that happen, I'm sure our children and grandchildren will, because they are mainly the ones that are going to suffer from overpopulation, overcrowded roads and schools, too much concrete, too few trees and too high taxes to try to service all of these thousands of extra people. Now is the time to control growth and we can do that by keeping our rural land zoned low density. Maybe some of you want to see Chapel Hill and Carrboro turn into a big city like Charlotte - where it takes an hour or more to drive across town. That's what's going to happen if you're not careful. Right now, residents of Calvander and Homestead Road area are very lucky people - we have the best of both worlds - we're country, yet, we're close to schools, churches, banks, grocery stores, gas stations, garages, laundrymats, drugstores, etc. , all within a mile or so driving distance from us. There is one more issue I feel very strongly about. That being for our elected County Commissioners to have the absolute, final controlling word over Carrboro' s Transition Areas I & II. I request we have that in writing and signed by all of our Commissioners, the Carrboro Board of Aldermen and. Chapel Hill Town Council. My reason for this is simple - It is a Fact that we do not have a voting voice with Carrboro's political system - however, county residents do have the opportunity and right to vote for our County Commissioners with the county system. We can all work together at meetings and swap ideas at public hearings, but that's not the same as voting power! ! ! And morever - we want to remain Or nae County, Residents,, we do not want to be a part of Chapel Hill or Carrboro. We can have joint planning, but, we would like to continue to rule our own roost in cooperation with the County. Let us keep Calvander Country! . . EgIklig_ il to the COMMISSIONERS OF 0 ANSE COUNTY, 1 1 We the undersigned citizens of Orange County do hereby PROTEST the proposal to develop greenways trails along the banks of Phil ' s/Neville's Creeks . BELIEVE THAT such a development is incompatible with existing land usage. Destruction of natural screens will damage the area which forms part of the waterhed feeding University Lake and will render the neighbourhood and properties thereon less desirable resulting in financial loss to the residents. Signature Name (please print) Date :74:44,114,0 14t) . ki it/Oft • L I-1E)zue Yliri tri/ .., -44r1---1,, //0-734 /91e-t 2-0-,-- 'ft llitir it.vvet.evA., at.Nt..01 s mILe,,, A, N 4111 its. o) / R, ay IVO I.,.s'1044 AN qiij ( ok , .74.4/2%-ait_› e-s r ,11,4e, ffe,v1, 0„,e, 4 ii I) lor e6.04404' i-xt4.--aze_,) e LitioD.6.- 1,,t- ti 1 LLE. 1y-filler 1 c: 4 otott...ad I 1 6A.A.1.4% iesito ,e--i - b,:f-hVeJ ; 11-e it ili i _._ 6 , tereA2-- L0,,,t 8 „ ilie.,\I ; lie. L-fitli b 40 i / CAL C4(A) TA0 Li ° Y°'''J Liiiit6'6 i rfi 011 1/ 5/PL' / , , 13z4-71 S'rkdt-t 10 . I ) 1 1 / , 10 A 0G . NeAli 1, c / , v ----- i 0,-0 yak, fill fi de /....h4.46,..L 4 fasnhite . ___......sisonsiosmusimmoll '717e" (71-2(.4,_ � �r r/ ' twtt-a.T15-). 17--0-7-4,1 Crfrie9it- Irv'-0..ti i 51 1 f Ft. 6 ?i /9 rr -.4.-,--%;--e-I 2-1 -'. - 5 / . 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( ,,,,/,,= - K„,, 1 1 ,,,,,I G c,r' , 4f I � a' i'„jrc vim/ , , Are, MA/2+ 7, Gcoyb ctilaigg ,SICLura,0 5thijh SAAje.ToNED o.; 0 /*/,‘,..,e,,,,,,e,„ (774/e lr �l �k79/e-- --- tO:yrd Ko u I. s- F Po-it/ awl eV\ 54/(zM 840■ 1 C, L /a -_-;7t44/17 Y 7--;--1--,14.-e-11_4721,e,0, 6-,Iv. ) /11 4 Aj, `„eizt'e, Z, re_4,00Z2 6 --i o-f C' AJ q-02,, s f b vzrd d.9 MIIIIMMEIMINMIssa 7 , , c elfy . , , E....., to the COMM SSIONERS OF ORANGE COU TY. We, the undersigned citizens of Orange County do hereby 'Mang' the proposal to develop greenways trails along the banks of Phil' s/Neville's Creeks BILIEME_THAT such a development is incompatible with existing land usage. Destruction of natural screens will damage the area which forms part of the water-shed feeding University Lake and will render the neighbourhood and properties thereon less desirable resulting in financial loss to the residents. 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