HomeMy WebLinkAboutAgenda - 05-24-1993 - C 4b 123
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 24, 1993
Action Agenda
Item # C 4b
SUBJECT: CP-2-93, LOUIS AND JOE F. BERINI
DEPARTMENT: PLANNING PUBLIC HEARING: B YES NO
ATTACHMENT(S) : INFORMATION CONTACT:
Application Materials Dave Stancil, Extension 2590
Letter from Applicant
Letter from Environmental Health TELEPHONE NUMBERS:
Staff Analysis Hillsborough - 732-8181
Agency Comment Chapel Hill - 967-9251
Map of Site Durham - 688-7331
Letter to, Property Owners Mebane - 227-2031
Section from Durham 2005 Plan
PURPOSE: To receive public comment on a proposed
amendment to the Land Use Element of the
Comprehensive Plan submitted by Louis and
Joe Berini.
BACKGROUND: The site consists of 11.9 acres in Eno
Township, containing the Caroline Mobile
Home Park. The park is located on the
north side of Interstate 85 at the
Orange-Durham County line.
The proposal requests reclassification of
the property from Rural Residential to
Twenty-Year Transition. The site lies at
the end of Howe Street, a minor local road
originating in Durham, and is adjacent
to the Cabelands of Eno River State Park.
The property is further referenced as part
of lot 54, Eno Township Tax Map 25 . The
proposed amendment would expand an
existing Twenty-Year Transition area
south of I-85 to include this property.
The applicants have recently acquired
municipal sewer service from the City of
Durham for the mobile home park, which has
several septic tank problems related to
inadequate spacing of tanks, some of which
date over 20 years in service. The
extension of sewer service was recommended
by the Health Department to remedy current
and possible future septic problems.
124
Although within Orange County, the
property is accessible only via the City
of Durham. The site is also within the
city's Urban Growth Area as designated on
the Durham 2005 Comprehensive Plan.
Reclassification as Twenty-Year Transition
would recognize the existence of water and
sewer service as an indicator of
transition to urban uses, and could
potentially allow for rezoning to higher
residential densities in the future.
RECO)O1ENDATION: Applications for amendments to the
Comprehensive Plan and/or Zoning Atlas by
an individual or agency are treated in the
same manner; e.g. , the public hearing is
the time for the presentation of the
Zoning Officer ' s analysis and
recommendation concerning the requests.
Such requests are also bound by the time
limits contained in Article 20.7 of the
Zoning Ordinance in terms of preparation
of a Planning Board recommendation.
Zoning Officer Recommendation
The Zoning Officer has reviewed the
application and all supporting
documentation and has found that changed
or changing conditions cited by the
applicant would be addressed by the
proposed amendment. Provided the Planning
Board and County Commissioners find in
the affirmative, the Zoning Officer
recommends approval of the request.
No decision on the application is made by
either the Planning or Board or Board of
Commissioners at the public hearing.
Instead, the Planning Board has 60 days
within which to prepare and submit a
recommendation to the Board of
Commissioners. Failure of the Planning
Board to submit a recommendation within
the required time shall be considered a
favorable recommendation, without
conditions.
Administration Recommendation
The Administration recommends that the
Board of Commissioners adjourn the public
hearing until 7:30 p.m. on August 17,
1993 at the OWASA Meeting Room in
Carrboro, N.C. , to receive the Planning
Board recommendation.
125
LAND USE PLAN AMEND[E:^NT
APPLICATION
Orange County Planning Department
306 Revere Road F
Hillsborough, North Carolina 27278
In Re: Land Use Plan Amendment
Application
Joe 3. Berini & Louis Berini
Owners of Caroline
?Mobile Home Park
Howe Street Eno Township
Please find enclosed the following documents and information
as required in your procedure for submitting a land use plan amend-
ment application:
1. A completed land use plan amendment application.
2. A fully dimensioned tax map on which is highlighted
the specific parcel of land involved in the application.
3. A legal description of the parcel of land.
4. A letter of request.
5. A letter from Mr. Ron Holding, Environmental Health
Supervisor, Orange County.
6. Other documents supporting land use plan amendment
application.
Thank you very much for taking time to consider this land use plan
amendment application.
Sine rel
/r1--""
Joe F. Berini Lo is Berini
4415 Berini Drive
Durham, NC 27705
Phone: 383-1417
126 ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278 A 4 ��
LED itn-
,r r
1151U wt:
LAND USE PLAN AMENDMENT
APPLICATION ��
All persons requesting an amendment to the Land Use Plan of Orange
County are required to complete the following application as completely
as possible:
OFFICE USE ONLY
REQUEST ?- 3 - cr 7-
DATE RECEIVED: /2 '2 -
STAFF PERSON(S ) RESPONSIBLE : GE7✓G-4?e:3L 1/D,gy4,p i'T, fc_
GENERAL DATA :
Property Owner(s ) Name: Joe F. Berini and Louis Berini
Mailing Address : 4415 Berini Drive Durham, MO 77-7-)5
Phone: (Home) 383-1417 (Work) 333-1417
Agent(s) Name:
Mailing Address :
Phone:
SPECIFIC DATA:
Tax Reference: Township Eno Tax Map 25 Block --- Lot 54
Public/Private Road Name: Howe Street .- . -
Lot Size: Acreage 11.9 Square Footage
Lot Frontage Lot Depth
Current Plan Category Designation(s ) : General Rural Residential
Activity Node Watershed
— Joint Planning Area
1
127-
REQUEST #LUP- -
0g; I DA continued) :
(-;1 . 'es
esatbi tad +t es in the General Area: ,,c p4vo.- ;tatP mark
la 0 lig ! _..
4 On Adjacent Parcels of Land: rm Diver Sta .e Park
*f West and North
I 85 South
REOUEST:
Land Use Plan Category Designation( s ) Requested: O _'ear mrtion
Type of Amendment: Primary Secondary *
* * * * * * * * * * * * .
This application should be submitted with the following materials :
* Fully dimensioned tax map on which is highlighted the parcel ,
or portion thereof, in question.
* Legal description of the parcel, or portion thereof .
* Letter of request to include:
o the tax reference, general location and owner of the
parcel
o the current and requested land use plan category
designation(s )
o a narrative stating the manner in which the proposed
amendment will carry-out the intent and purpose of the
_ adopted comprehensive plan or part thereof
• o a statement of any other circumstances, factors and
reasons which the applicant offers in support of the
proposed amendment
0 : statement of the changed or changing conditions in the ._
____ -_-1 area,_or_in_the_County_ g enerally_,_which'make- thel. proposed -
amendment reasonably necessary..
I (We) , the undersigned, certify that all statements furnished in this
. application_ are._true and:to the best.. of_. ha (Our)., knowledge and that the
application -s submitted is complete. .
N' 1 OF--APPLICANT - --) ._ GNATURE OF PPLICANT(S)
_- , _:__: . -_.. i.ATE
12s.G , G�, ' C. ,- _T E r T _
L` � _
1 u �Ir�
,
!.:3C?:606 . 335
'T SCHEDULE A
BEGINNING at a stake in the northern right-of-way of
, ._
_ Interstate 85, said stake being north 03 deg. 32 min. east 260.00
feet more or less, from the northwest corner of property shown in
_retop-i- • - Plat Book 17, Page 167, Orange County Registry, from said point• and place of beginning running thence north 03 deg. 32 min. east
' '` i 607.4 feet, more or less,-to a stake in the center line of Old
herirm; :- = Fish Dam Road, thence with the center line on Old Fish Dam Road
-wines
scaced:'; ; f the following courses and distances: south 39 deg. 26 min. east
113.5 feet to a stake, south 53 deg. 01 min. east 133.8 feet to a
r stake, south 61 deg. 53 min. east 265.4 feet to a stake, south 61
- deg. 20 min. east 148.7 feet to a stake, south 80 deg. 11 min.
east 207.00 feet to a stake, south 71 deg. 31 min. east 114.6
feet to a stake, south 82 deg. 47 min. east 137.4 feet to a
I stake, north 76 deg. 09 min. east 240.8 feet to a stake, north 81
1 deg. 30 min. east 160.6 feet to a stake, north 68 deg. 30 min.
east 125.6 feet to a stake, north 57 deg. 17 min, east 61.4 feet
to a stake, then leaving the Old Fish Dam Road and running the
west line of property formerly belonging to Jim Douglas south 08
.=71.'.,=' deg. 34 min. 30 sec. east 402.4 feet, more or lass, to a stake in
the northern right-of-way of Interstate 85, thence running along
;;�� _ and with the northern right-of-way of Interstate 85 north 87 deg.
` ' 08 min. west 1,364.16 feet to a stake, thence continuing along
1 z: - said right-of-way as 'it makes a curve having a radius of
--------- 10,716.96 feet, an arc distance of 287.53
N feet to a stake, the
•
:2:: - point and place of BEGINNING, and being 11.9 acres, more or less,
as shown on plat thereof dated 7-23-86, by Credle
------••_ y Engineering
Co. , Inc. , and entitled "Prepared for Joe F. Berini", to which
plat reference is hereby made for a more particular description
-4-''' ' thereof. Said parcel of land also being that portion of property
deeded to Berini Brothers Investment Corporation in Deed Book
202, Page 738, Orange County Registry, lying north of
Interstate 85. f
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Statement ofFPoe cyvfor Qarcline99Mobile Home Park
On March 31, 1990, we issued a pamphlet to each resident of Caroline
Mobile Horne Park. This pamphlet was entitled: A New Policy for the
Improvement and Upgrading of the Image of the Caroline Mobile Home
Park. We urge you to review this policy because it is, in effect,
a blue print to improve the quality of living in our Park for years
to come.
For example, in May of 1991, we were able to complete water
lines from City of Durham water resources. During the same year,
we made significant improvements on our roads.
In the spring of 1992, we made plans to install a sewer line
with connections to the Durham City Sewer system. We hope that
this project will be completed by the fall of 1992. With city
water and sewer, along with more emphasis on mobile home owners'
keeping grass cut, yards and roads clean (without beer cans, bottles,
paper, etc.) ,Caroline Mobile Home Park may be rated "the best in
Durham".
Some of you have asked about our new policy regarding the
selling of your mobile home to another owner and leaving the mobile
home on the lot within the confines of the Caroline Mobile Home Park.
Our new policy , effective July 1st , 1992, for owners who
wish to sell their mobile homes to new prospective owners who
request permission to bey the mobile home and rent the same
lot in our park is as follows:
Used mobile homes, manufactured before July 1, 195,
because of the manner of their construction, assembly
and use of their system, components and appliances
(ncluding heating, plumbing, electrical air conditioning)
like other finished products having concealed vital
parts, may present hazards to the health, life and
safety of persons and to the safety of property,
unless properly maintained over the years.
We want, to prevent the park from dtsintegratint..into=a .slum area
and we want to maintain quality living.
In the sale of used mobile homes, there is also the possibility
of defects, not readily ascertainable when inspected by purchasers.
It is therefore now the policy and purpose of the management of
Caroline Mobile Home Park to provide protection to the public
against these hazards by requiring qualified persons and or
specialized inspectors(with occupational trade licenses) who have
been granted a license to issue a label of compliance. The label
of compliance will certify that such and such a mobile home was,
on the day of inspection,so opened in order that its entire
structure, electrical, heating, plumbing, and air conditioning
systems could be closely observed and inspected.
P.S. If you should have any questions about this policy statement,
please call: 383-1417
130
2
The new policy will also certify that said used mobile home
complies in full with the standards and rules prescribed by
the State of North Carolina Regulation for Mobile Homes.
This would mean that the certified electrician would inspect
the electrical system in the used mobile home and issue the label
of compliance. The certified plumber would inspect the plumbing
system and issue his label of compliance. All these certified
specialists would issue their labels of compliance.
The prospective owner of the mobile home would be obligated
to agree to the following before purchasing the used mobile home:
1. Authorize Caroline Mobile Home Park manager to
communicate with references (as well as any credit
reporting service) and request from and obtain
appropriate personal and credit information.
2. The prospective owner must submit to the management
of Caroline Mobile Home Park, a copy of a legal
paper to prove that the prospective buyer has
actually purchased the mobile home in question.
This must be done prior to signing rental application
and rules and regulations of Caroline Mobile Home
Park.
3. The prospective owner must agree to the rental
rates as specified on the rental application.
4. No For Sale sign can be posted on rented lots
without permission of the park manager.
We would also like to reemphasize the importance of certain
items which were part of our new General Policy issued on March 31,
1990, as follows:
1.. Effective July 1, 1990, all Mobile Homes will
be required to be underskirted. We would like
to inform the residents who have not underskirted
their mobile homes that they have had more than
ample time to implement the requirement of our
policy. We do intend to enforce this item in
our policy in the near future.
2. No unlicensed or junked motor vehicles of any
kind will be permitted. No boats will be permitted,
unless permission from the manager is obtained.
131
3
3. There is a law in Orange County that dogs are not allowed
to roam around the Caroline Mobile Home Park, unless the
dog is on a leash. We have received a number of complaints
from the residents to the effect that dogs are being
allowed to defecate in other residents' yards and are not on
leashes.
Please be advised that our policy, effective immediately,
will be to give permission to all residents who wish to call
Animal Control in Hillsborough (Telephone:688-7333 ext.2075 or
2076) and discuss their problem on an anonymous basis to do so,
or they may call the management.
4 In the future, no dogs will be permitted in the park.
Thank you very much for your cooperation in conserving
our water and keeping your lots well groomed and free from ..
beer cars, paper, etc.
J.C.Berini, Manager
Louis B erini, Asst. Manager
July 1, 1992
_..,.... a 9%0JJC auu ali_
J . S . can't
afford mobile -home
snobbery
Why, then, despite these bene-
ernments from :[sing their zoning-
might want to move to smaller
3y ALLAN WALLIS
fits and evidence of growing mar-
powers o an rnobife (homes.
wellings g_mar
helps tl[e housin-
ket acceptance, are there still
But localities continue to eir-
.
tact --
Allan Wallis is author of "Wheel
barriers that preven con rs
cumvent these L)rts.
` `onssider that when people are
"state. The Rise and Decline of
tfu6ile Nomes."
"trurtt�Trcety c nosing mubi
.Lf
— Financing also stands in the
unable to move from apartments
DENVER — What does the
--- Curtgiar the fact that if you buy
way.
Because mobile homes are built
to their own homes because the
down payment is too high, they
Inited States have against mobile
a mobile home and land to put it
away from sites, loans for (heir
remain renters, swelling renters'
homes?
on, your local governme a
purchase are often at consumer
ranks and driving up rental costs.
Mobile homes — now called
maiiu of eluted housing"
not �a _o"Ilw_�roi�inun" he two.
Legal for
rather M re.7"es- to ei —rates —
-ro
Similarly, when the elderly see
— make
justifications restric-
ma [n [em 3 ercenta e
F- - --
the, cost of new, smaller quarters,
abouC quarter of all the new
i- .- q._
tions range from safety to aesthetB
g
poin s- a 1t�r.
such as apartments they opt to
ui le fvnily housing pros minx
-
is and econom[c concerns. ut a
n 1983, the Federal housing
remain in their houses — now too
11, - initeJ_ 5t ee during the past
ase they are roote in class
Authority was the first govern-
large for their needs — thereby
5 yarrs.
These mass-produced dwellings
discrimination.
• 7TTo i�Me homes evoke images of
ment agency to offer unified mort-
gages for combined site and mo-
limiting housing opportunities for
that roll fronn factory to site on
overgrown front yards, herds of
bile home purchases.
younger households.
What can" be done to make
their own wheels cost 5q percent
unkempt children, snarling mutts
Though additional agencies now
mobile home ownership easier?
less per ire foot of spaced
and rusted car frames.
offer such financing, it is still
State governments should apply
hSiild _than seaular stationary
It doesn't matter that this hous-
relatively uncommon.
greater pressure to remove local
homes. ing may be the only way firefi ht- Less than 11, ner�Ent�f_lhe
Unlike site -built housing, they ers,.�ice officers an sc ': , mo ► e homes uichas
ff hh F��_�1n 1989
-d
re a ory arriers.
`T aadi ontI ; 'private and public
are e�istructed according to a "
eac ers cam to liven the
were financed as real estate by
lenders along with manufacturers
man Qtory _e era sa_ sr an
communities where they work.
a cover" M= -
need to work together to develop
cori,�truction code.
Americans
a eras and state agencies have
Without comparable financing,
new types of mortgages and leas -
face a crisis of af-
been trying to remove regulatory
mobile homes lose some of their
es that reduce he coaUlf mobile
fordable hQusm .
A re(�ent Census Bureau report
barriers that discriminate against
mobile homes.
cost advantage.
-
home financing.
estimates that only 9 percent of
'
This month Secretary of Hous-
Why should Americans care?
There are few more cost-
Earffe—riiF this century, we
dreamed of producing entire hous-
renters ou v or a ome more
ing Jack Kem released a report
effective housing alternatives,
es in factories, hoping to realize
gag,.
Moreover, rising ren cost
[--Nine
Toccal
M
and increasing housing choices
benefits everyone in the housing
the same economy of scale that
rr> e it r v harder for house
ttraT pro i i e use o manic f�-
market. i •�- •�•,autoMdbile
Henry Ford achieved with the
agserpoly•liiie`"
holds to save for the down pay-
ment gJ a home.
tured housing.
een state legislatures have
Creating o rtunities for home
owners ip at t e lower end o he
The true progeny of that dream
Mobile fiorries can bridge the
established anti - discrimination
ous g mare 1 q: rovidin an
exists, and, like it or not, it is the
mobile home.
ho[}si g gap.
s a ar s a pro i i oca gov-
aller`na ti eloc senior citizens µTo
. ew York Timm
Cn
36, ti y l
ORANGE COUNTY PLANNING DEPARTMENT 13 3
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
it
January 12,- 1993
Mr. Louis Berini
Mr. Joe F. Berini
4415 Berini Drive
Durham, NC 27705
SUBJECT: APPLICATION TO AMEND THE LAND USE ELEMENT OF THE
ORANGE COUNTY COMPREHENSIVE PLAN (CP-3-92)
Dear Mr. Berini:
This letter is to inform you that the Orange County
Comprehensive Planning staff has completed its preliminary
review of your application (CP-3-92) and accepts it for
further analysis and presentation at the Quarterly Public
Hearing scheduled for February 22 , 1993 at 7 : 30 PM. Between
now and the public hearing, the planning staff will perform
an in-depth analysis of the request. We will also be
requesting input and comments from other local and state
government agencies regarding the request.
If you have questions or comments during this period
please call me at 688-7331, extension 2589 . I will likewise
call you if I have questions or need additional clarification
regarding your request.
Sincerely,
R. Eugene Bell
Planner III
cc: Marvin Collins, Planning Director
Mary Willis, Planner III
David Stancil, Planner II
134
/-/9-4'3 GCS —
January 14, 1993
Mr. Eugene Bell
Planner III
Orange County Planning Dept.
Hillsborough NC 27278
Subject: Application to amend
the land use element
of the Orange County
Comprehensive
Plan (C .P.-3-92)
Dear Mr. Bell,
Please refer to: the letter of January 12, 1993 regarding the
same subject.
Following up our conversation of January 13, 1993, regarding
the condition, appearance and progress of the sewer line in
Caroline Mobile Home Park, we would like to formally request that
the quarterly Public Hearing scheduled for February 22, 1993
be rescheduled for May, 1993. We very much appreciate your
consideration in this matter.
Sincerely,
Louis Berini
Joe Berini
•
r
13 ,5
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
":11:7
1-fv)
A m end merit number
April 13, 1993 C hQf eC3 to C P-2 -91
in accord w;+1,1 decoyed
Mr. Louis Berini hecrrc ng d cd-e• p OS
Mr. Joe F. Berini
4415 Berini Drive
Durham, NC 27705
REGARDING: APPLICATION TO AMEND THE LAND USE ELEMENT OF THE
ORANGE COUNTY COMPREHENSIVE PLAN (CP-3-92)
Dear Mr. Berini:
Please be advised that the Orange County Comprehensive Planning staff has accepted your application
(CP-3-92) for further analysis and presentation at the Quarterly Public Hearing scheduled for May 24,
1993. This hearing will be held in the Superior Courtroom of the County Courthouse in Hillsborough at
7:30 p.m. Previous correspondence from Gene Bell on January 12, 1993 notified you that your application
is found to be complete.
Between now and the May 24 hearing, planning staff will perform an in-depth analysis of the request.We
will also be requesting input from other local and state government agencies regarding the request.
On or before May 7,the property will be posted with a sign advertising the requested amendment and the
public hearing date/place. We will also be notifying by mail all property owners within 500 feet of your
property. Notice of the proposed amendment will be run in local newspapers on May 12 and May 19.
t If you have questions or comments during this period, please call me at 688-7331 (extension 2590). I will
likewise contact you if we have questions or need additional clarification regarding your request.
Sincerely, . i
Doke
Dave Stand, AICP
Comprehensive Planner
copies: Marvin Coffins, Planning Director
Gene Bell, Planner III-Comprehensive
136
13 �
1,7777R_R fl^ .71177,i.n
TC: ORANGE CCT2 TY FLkNNING DEPARTMENT
^RCLr`: JOE 7. BEFINI Lnui= BE='INI
O'r1N7P.3 07 CARCLI T MOBILE HOME PARK
Pursuing your requirements of the included items in the
letter of request, we are submitting the information as follows:
a. Tax reference of the parcel of land
5.25.54
b. Caregory designations:
Current designation: Rural residential
Requested designation: 20 year transitional
c. T"arrative
The Caroline Mobile Home Park, which is located on
11.9 parcel of land in Eno Township, was built in
19E5-1966. The total number of lots included in this
mobile park is currently 44.
Beginning in March, 1990, the Management of Caroline
Mobile Home Park began to think seriously about improving
the image and quality of life in our park. We began
to think about investments in infrastructures (city
water and sewer systems) for affordable housing in our
park.
Accordingly, on March 31, 1990.and on July 1, 1992. (Enclosed)
the management of the Park issued two statements of
policy to all residents of the mobile home park. The
latter statement of policy was entitled: "Statement of
Policy for the Caroline Mobile Home Park, Effective
July 1, 1992" . The Management urged all residents to
read the statement carefully because, in effect, it was
a blue print to improve the quality of living in affordable
housing for years to come.
In this statement of policy issued in July, 1992,
the management announced that the owners of the park
had already achieved part of their goal in upgrading
the park . In the fall of 1990, a two thousand foot' water
line to tie in with the Durham City Water line on Howe
Street was completed.
The policy statement further informed all residents
that plans were being made to construct a sewer line
to link up with the Durham City sewer line on Howe Street,
and the project would be completed by January 15, 1993.
December 2, 1992
• 135
2
At the writing of this letter of request, this sewer line
project is well on its way, although blue stone granite is
impeding the progress of the construction of the sewer line, thus
making it much more expensive to build than we had estimated.
Both water and sewer projects were 10 financed by the
owners of the park.
The City of Durham has doubled the water rates because our
mobile home park is located outside the city limits. The sewer
rates will also be doubled at the completion of the sewer project
for the same reason.
Our reasons for applying for amendment of the land use plan
are as follows:
When the Caroline Mobile Home Park was built in 1965-1966,
the owners of the Park did not develop all the lots in the
11.9 parcel of land. Most of the area that was not developed
was not suitable for on-site sewerage disposal systems
installed during the 1965-1966 period.
With .. our current water and sewer systems tied in with
the City of Durham systems, we now feel that the land may
be developed, thus making reasonable use of the unused
parcel of the land.
Also, as we have mentioned above, these projects have
been immensely costly and we feel that if we could develop
a portion of this undeveloped land which has been part of the
Caroline Mobile Home Park since 1965-1966, we could increase
the revenue of our park to help defray some of the very
expensive construction costs and also operating costs
incurred in our effort to improve the quality of life for
the inhabitants of the park.
Other factors or reasons offered in support of the proposed
amendment are: A comment by Mr. Allan Wallis, author of
Wheel Estate, The Rise and Decline of Mobile Homes writes an
article in the New York Times entitled: U.S . Can't Afford
Mobile Home Snobbery.
A letter from Mr. Ron Holdway, Environmental
Health Supervisor, written to Louis B erini, part owner of
Caroline Mobile Home Park, on August 3, 1992. We feel that
this letter indirectly supports our amendment application.
• — , 133
is
3
A statement of the change in conditions in the area
which make the proposed amendment reasonably
necessary:
We feel that the introduction of water and
sewer service in the area facilitates and
sets forth a program to alleviate unmet
needs, including standards and plans
for the improvement of housing and the
provision of adequate sites for affordable
housing.
We are of the opinion that the statements
above, which describe significant changing
conditions, make the proposed amendment
reasonably necessary and afford the
owners a very good use of the unused
portion of the parcel of land which
totals 11.9 acres.
aff..41.4.7
/--e72:2-ca
'. % y w
14 bfahge County afeoQth CL e p aittvnetit
Daniel B. Reimer, MPH, Director
GiM'IRON ENTAL HEALTH DIVISION C°°�rr of p PERSONAL HEALTH DIVISION
P.O. fox*111,306C Revere Road
M/414.CONTROL DIVISION 0.7' • r=• DENTAL HEALTH DIVISION
P.O. Na 1111, 304 Revere Road • �:, P.O. Box 8181, 300 W. Tryon St
Milleberough,N.C. 27278 11 � Hillsborough,N.C. 27278
vl a '
t rsr
ss
MkLi10ROUGH CHAPEL HILL A • MEBANE DURHAM
111)7324111 (919)967.9251 orb t•T"` (919)227.2032 (919)688.7333
August 3 , 1992
NCDEHNR
Division of Environmental Management
Water Quality Section
P.O. Box 29535
Raleigh, NC 27626-0535
Ladies and Gentlemen,
Mr. Louis Berini, who is part owner of Caroline Mobile Home
Park here in Orange County, has asked me to write you
concerning the status of the on-site sewage disposal systems
serving the park currently. Most of the homes in the park are
served by individual ground absorption systems which were
installed in the late 60 ' s and early 70 ' s. The systems
generally consist of a 1, 000 gallon septic tank with 120-240
linear feet of 3 foot wide nitrification trench.
As the systems are aging, we have seen increasing problems with
their functionality, especially in the wetter periods of the
year. Compounding these problems are the . facts that the park
was developed with a high density for on-site sewage disposal
and there is little area left with adequate soils that allows
for reasonable repairs of failing systems.
It is my opinion that if public sewer is available to the park,
it should be connected to that sewer. Failure to pursue this
option could result in irreparable failing septic systems and
potential loss of spaces for the park in the future.
Please call if you have any questions concerning this matter.
S . cerely,
Ron Holdway, .h
Environmental Health Supervisor
cc: Louis Berini
SOUTHERN ORANGE OFFICE:Carr Mill Mall,Suite 225, 100 N.Greensboro SL,Carrboro,N.C. 27510,(919)968.2022
141
MEMORANDUM
TO: Orange County Board of Commissioners
Orange County Planning Board
John Link, County Manager
FROM: Orange County Planning Staff
DATE: May 17, 1993
SUBJECT: CP-2-93, Louis and Joe F. Berini
Analysis of Proposed Comprehensive Plan Amendment
On December 3, 1992, a petition for amendment to the Land Use
Element of the Comprehensive Plan was submitted by Louis and Joe F.
Berini. On the following pages, the proposed amendment is
evaluated, in accordance with Articles 2 and 20 of the Orange
County Zoning Ordinance.
A. GENERAL DESCRIPTION
The site in question is located in Eno Township, 1/4-mile west of
the Durham County line. The site is adjacent to the northern right-
of-way of Interstate 85, and is accessible only via Howe Street,
which is a local street in Durham City/County. The property is
further referenced as part of lot 54 of Eno Township Tax Map 25 .
The site contains 11.9 acres, located on the north side of I-85 .
There is 1700 feet of frontage along I-85, and 60 feet of frontage
at the end of Howe Street at the property's access point.
The current zoning of the site is R-1, a residential zoning
district allowing one unit per 40,000 square feet, served by
private wells and septic tanks. The current use of the property is
the Caroline Mobile Home Park, with 44 mobile home spaces and 42
units presently in place. The mobile home park predates zoning in
Eno Township.
The current plan designation is Rural Residential, a category that
is applied in rural areas where urban services are not available.
The proposed designation is Twenty-Year Transition, a category
applied to land in transition from rural to urban use - with access
to urban services such as water and sewer service.
C. APPLICATION REQUIREMENTS
Application requirements for an amendment to the Comprehensive Plan
are contained in Articles 2 and 20 of the Zoning Ordinance. Listed
below are the requirements, followed by information provided by the
applicants and staff comments (shown in bold) .
1
142
Amendment Rationale
Article 2.2. 14 states the reasons for which the Comprehensive
Plan may be amended:
a. "Because of changed or changing conditions in a
particular area of the County. "
The applicant cites the recent introduction of water and
sewer service from the City of Durham (at applicant's
request) into the area as a significant changed
condition. The applicant also states that this service is
consistent with goals designed to improve housing in the
mobile home park, and is also consistent with the
provision of affordable housing.
b. "To correct an error or omission in the Comprehensive
Plan. "
No error or omission is cited by the applicants.
c. "In response to a change in policies, objectives,
principles or standards governing the physical
development of the County. "
No such changes are cited by the applicants.
Qualification of Amendment as Principal or Secondary
Article 2 .2 . 14 .2 differentiates between "principal" and "secondary"
amendments to the Plan. This amendment qualifies as a secondary
amendment under Section 2.2. 14 .2 (b) , as:
"b. The expansion of a designated plan area where the
additional area is contiguous to the existing plan
designation and does not increase its land area by more
than 100 acres. "
The property in question is adjacent to an existing
Twenty-Year Transition area on the south side of
Interstate 85. The total land area is 11.9 acres.
Additional Information
Article 20. 3.2 also requires the submission of the following
additional information:
a. "A fully-dimensioned map at a scale of not less than one
hundred ( 100) feet to the inch showing the land which
would be covered by the proposed Comprehensive Plan
2
143
amendment, and a legal description of the land. "
A tax map at a scale of one inch to four hundred
(400) feet has been submitted in lieu of the map
specified above. A legal description has been submitted.
b. "The manner in which the proposed amendment will carry
out the intent and purpose of the adopted Comprehensive
Plan. "
The applicants state that the provision of water and
sewer service is part of a multi-year plan by the owners
to "improve the image and quality of life in the park" .
In 1990 and 1992 the owners submitted park policies to
all residents noting plans to upgrade with water and
sewer services. The recent completion of this service
will allow the park to use two spaces currently vacant
because of former septic tank problems, and potentially
petition for additional spaces from unused land within
the park site.
The applicants also cite an article (attached) on the
role of mobile homes in providing affordable housing.
Finally, the applicants feel the intent and purpose of
the plan to provide for the public health and safety will
be facilitated through public sewer as opposed to the
previous septic tank system. The applicants note a letter
from the County Environmental Health Division along these
lines (attached) .
D. COMPARISON OF PROPOSED AMENDMENT WITH LOCATIONAL CRITERIA
In analyzing an amendment to the Land Use Element of the
Comprehensive Plan, the requested land use category is evaluated
for compatibility with all applicable Locational Criteria from
Section 3.4 of the Land Use Element.
COMPLIES means that the area being evaluated is compatible with the
locational criteria. DOES NOT COMPLY means that the area is not
compatible with the locational criteria. QUESTIONABLE means that
compatibility cannot be definitively stated from information
currently available.
3
144
145
TRANSITION.:;
g.. Np -4140 0 ,41. t COMPLIES: Water/sewer service
slope or topography;;` to the site has been
problem Chat would completed. The site is
.unrea'sonably;,;ittcrease relatively flat, except for
,the cost o :.extending two draws from south to north
:water and sewer lines ) that may limit any expansion.
.HIDEOLOGY jLocated COMPLIES: There are no
outside :af 100-year; floodplains on the property.
flood-prone areas,>`
'BLORS: D.:FAUNA . COMPLIES: Two identified sites
•('Located away from sites in the Inventory of Natural
hat wauldi if Areas and Wildlife Habitats
",developereate a? are located to the north in
':_threat,: to u4:140e ar< the Cabelands of Eno River
endang Bred.species. as State Park. However, both
:`identified by..the State sites are somewhat removed and
;ax edera-I O04exnment ) well-buffered from the mobile
home park. State Park
officials have expressed no
concerns with this amendment.
Seer; COHDZTIE S COMPLIES: The predominant soil
>(ZO ated in?axeas Where type is Georgeville sandy
,,-404, 400lt4040,4req4 loam, generally conducive to
:suitable ar•:urban_ruses development. Water/sewer
;because Qf good dtainage service mitigates previous
characteristics anct` . problems in septic tanks -
1oad:bearinq;eapacity which were related to
4r site deve1ogmett ) inadequate spacing of septic
tanks and not to soil load-
bearing capacity.
:EVBL.IC,SE&VFCEfUTILITIES COMPLIES: The site is served
:::(Located in'.areas wh4:04 with City of Durham water and
are pr.could be sewer, although there are
reasanab]y,and concerns about system design
eff9:c'iently:served by (see County Engineer memo).
deitrttlt2ed publi . Police protection is provided
erv.cee and`;trtilitses ) by the Orange County Sheriff's
Department, which must travel
into Durham to access the
site Fire protection is
provided by the Eno Rural Fire
Department, which likewise
must access the site from
Durham. The Sheriff's
Department has noted ability
to serve the site, but also
notes that future expansion of
the park could lead to
increased calls for service
and increased personnel needs.
TRANOORTETI0M SYSTEM QUESTIONABLE: Although in
(Located in areas that Orange County, the property
have v:.ery good roae cannot be accessed except
i.acCes)ki as'o'O.1 as; through the Durham road
•service by rail lines. network by US 70 to Sparger
Thee;areas hoald #rave Road, and Sparger Road over I-
'....',008,,tH4O00:1**MONWO 85 to Howe Street. Howe Street
transportation network is a minor local street in
:.,,-..,in.::::,t1VOCOunt7r,i4qanniniii0 Durham that intersects with
3urtsdic.tien;) Sparger Road. The proposed Eno
Drive corridor is in close
proximity to this site, and
after its construction (post-
1999) may enhance access.
4
14i
eR'ETERTa TEENiY-YBaiR TRANSITION •
' COMPLIES: The site is within a
(Located within less five-minute drive of Sparger
than a- five:mipute Plaza Shopping Center at
commuting tuna front: Sparger Road and US 70 in
small-scale?commercial Durham, and within 10 minutes
uses,: and 'a-five-ten of Northgate Mall and
.minuteicommute to major Hillsborough Road in Durham.
commercial uses or.>an
urban.;area.:)::.
EXISTING LAND USE COMPLIES: With the exception
(Located. in areas which of the Eno River State Park to
are 1n. tranai:tio4_. roaC the north, adjacent
rural or•low=:density residential areas are within
uses to urban higher- the City and County of Durham
density uses j: at urban/suburban densities.
Townhouses are located at I-85
and Sparger Road. The mobile
home park is currently four
units per acre (predating R-1
zoning).
aORICULTDRE RPD STRY COMPLIES: No agricultural
Located away:€rom;areas activities exist in the
where .develop lefl-t wtvl4 immediate area Managed forest
Alave:::A;cletrimentaly, land exists in the Eno River
imiact :on productive State Park, but is buffered
-:...agricultUralrililivand from the mobile home park.
menaced>.sorest< lard::)
POI DENSITY COMPLIES: Areas to the only
(Located 1n. areas Kith adjacent accessible direction,
moderate to hfgh the east, are generally within
pop ,1at3an ds itiee } the Durham city limits and
contain lots of 1/4 to 1/2
acre. The area to the south is
currently Twenty-Year
Transition, and is part of the
proposed I-85/US 70 Economic
Development District.
HISTORIC END CuLTDRL COMPLIES: There are no
,(Located::away from araae identified historic or
where development would cultural sites in this area
have a ietrimental The Eno River State Park is
impact on State or classified as a County public
'TederalliSORrow1:414g*di interest area However, State
hhistoz'ia/ay.Ltural sites Park officials have expressed
or county' i.denti€ied no concerns about the proposed
gubliC, nteregt.areas: } amendment.
E. RELEVANT POLICIES AND INITIATIVES
Although not required by the Zoning Ordinance or Comprehensive
Plan, it is useful to evaluate current policies relevant to this
proposal. Two such areas are listed below:
1 . Water and Sewer Policy
The County Water and Sewer Policy and the Comprehensive Plan are
consistent in requiring the designation of "Transition" for areas
receiving water/sewer service, except in cases of public health
emergency or an essential public facility. However, there is
currently no means of enforcing this policy where adjacent
municipalities, with whom the County has no inter-local agreement,
agree to extend service into County jurisdiction. Such is the case
5
14
in the Caroline Mobile Home Park, where the designation of
Transition has been requested after the extension of service.
In 1991, the applicants entered into an agreement to extend service
to the mobile home park with the City of Durham. Water service was
extended in 1991, but because of construction difficulties, sewer
service was not extended until January 1993.
In fall 1992, the applicants met with staff to discuss potential
for rezoning and the impending extension of sewer service to
alleviate septic tank problems in the mobile home park. The
applicants were provided necessary applications to request re-
designation to Twenty-Year Transition in the Land Use Element.
There are two unusual circumstances worthy of note in regard to the
extension of water and sewer service to this park. First, water
service was extended from the City of Durham to this site without
notification to Orange County. The site is within the Durham Urban
Growth Area, which is projected to be annexed by the City in the
future. The County Water and Sewer Policy requires that areas
receiving water/sewer service be designated "Transition" unless an
essential public facility or a public health emergency. Because
Orange County was unaware of the extension of service, and because
there is no enforcement mechanism for the Water and Sewer Policy,
the extension of service in this case occurred in a manner
inconsistent with the Policy. The memorandum by the County Engineer
(attached) addresses these and other concerns.
Secondly, there is the question of whether a public health
emergency existed at the site. While the septic tank problems
existing in the park may not have constituted an immediate public
health emergency, the problems appear to have been of a nature that
required short-term action. Correspondence from the Orange County
Health Department, Environmental Health Division (attached)
indicated that long-term problems would occur with the existing
septic system, which had prohibited any more mobile homes from
being placed in the park, and that public sewer service would help
resolve the situation.
2. Eno Drive Corridor
The Durham Northwest Loop (Eno Drive) is a proposed major
thoroughfare that would loop across northern Durham, connecting
with I-85 at two points, near the Orange-Durham line on the west
and at US 70 on the east. Preliminary corridors have been defined
and a Citizens Advisory Committee has been formed to advise NCDOT
in the road planning process. NCDOT is currently approximately
halfway in the planning process of for this thoroughfare project.
The project has been separated into two segments, from 1-85 near
Falls Lake to US 501 (Roxboro Road) and from US 501 (Roxboro Road)
to I-85 near the Orange County line. The segment of the project
6
14b
adjacent to this site is projected for construction post-1999.
Of the identified corridors, one corridor which would have directly
impacted this property has been eliminated. However, the other
corridor is within close proximity and would provide for an
interchange with I-85 east of the site. This could greatly enhance
access to the site and increase the value of the property.
F. IMPLICATIONS OF THE PROPOSED AMENDMENT
The Caroline Mobile Home Park is permitted at 44 spaces, with 42
currently used. With water and sewer service, the two vacant lots
could be occupied.
Redesignation of this property to Twenty-Year Transition would
allow the owners to petition for rezoning to expand the existing
mobile home park by creating a few additional lots from unused
land on the site. In addition, the designation of transition with
available water and sewer service would allow the owners to
petition for rezoning to residential zones of up to 13 units per
acre, allowing apartments or townhouses, if approved.
This amendment to the plan in itself will not automatically entail
rezoning of the property. The location of Eno Drive may enhance
access to this site and make other land uses more attractive in the
future. The applicants have stated their intention to keep this
property in use as a mobile home park with the potential addition
of a few new spaces through a later application. They do recognize
the potential for other residential land uses over the long term.
G. AGENCY COMMENTS
Agency comment has been received from two agencies.
Sheriff Lindy Pendergrass has noted that service is provided to the
mobile home park, and that any additional units could also be
served. He notes, however, that high density mobile home parks have
a higher tendency for service calls and that additional personnel
and equipment may be needed as a result of expansion of these uses.
County Engineer Paul Thames has expressed concerns with the sewer
system design that has been installed, noting that the sewer mains
are less than adequate in size and provide for no manholes. Thames
has recommended denial of any approvals that would allow additional
sewer hookups at this site. (NOTE: The proposed amendment in itself
would not constitute an approval of this sort. The expansion of the
park beyond its 44-unit capacity would require rezoning approval,
at which time an evaluation of the adequacy of the sewer system
would be appropriate.
No written comments were received from Eno River State. Park
officials. However, Carol Tingley of the Division of State Parks
7
149
indicated via telephone that the Division had worked with the
applicants in the past and expressed no concerns with the proposed
amendment.
H. RECOMMENDATION
Approval of this proposed amendment to the Comprehensive Plan is
recommended, although concerns exist in a few areas not directly
related to the plan designation of this property. The
recommendation is based on the following reasons:
• While the extension of water and sewer service to this site
did not necessarily occur in accordance with the County Water
and Sewer Policy, it is nonetheless a matter of fact at this
point. A strong case can be made for the "transition" of this
area from rural to urban. The basic criteria for the category
of Twenty-Year Transition has been complied with. The property
is surrounded on two sides by higher density residential
areas, and is located within the Durham Urban Growth Area and
thus is projected for annexation by the city in the future.
• Although the property is located in Orange County, it has more
in common with the City of Durham in almost every sense, by
virtue of the surrounding higher density land uses, the
existence of City of Durham services in the area, and the fact
that is accessible only through the City of Durham. Long-term
service provision to this site by the City of Durham Police
and Fire Departments would appear to be much more efficient.
• The proposed amendment complies with 10 of the 11 locational
criteria, receiving a "questionable" rating in the area of
Transportation System. This rating is due to access problems
from Orange County, and would be addressed by annexation into
the City of Durham and by the Eno Drive project.
• The concerns over water/sewer extension process and system
design are concerns that not directly related to the plan
designation of this property, and may be better addressed at
a further level of review.
8
i50
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
itf
APRIL 13, 1993
TO: AFFECTED/INTERESTED PUBLIC AGENCIES
PURPOSE: SOLICITATION OF AGENCY COMMENT
2-93
SUBJECT: CP-3-92, A PROPOSED AMENDMENT TO THE COMPREHENSIVE
PLAN, SUBMITTED BY LOUIS AND JOE BERINI
LOCATION: HOWE STREET, ON THE NORTH SIDE OF 1-85 (1/4-MILE
WEST OF THE ORANGE-DURHAM COUNTY LINE)
A proposal for amending the Land Use Element of the Orange County Comprehensive Plan has been
received from Mr. Louis Berini. This proposal is pending public hearing by the Orange County Board of
Commissioners and Orange County Planning Board on May 24, 1993 - with action to be taken by the
County Commissioners no earlier than August 2, 1993.
The amendment involves 11.9 acres on the north side of Interstate 85 at the end of Howe Street,just west
of the Durham County line and adjacent to Eno River State Park. The property is further referenced as
part of lot 54 of Eno Township Tax Map 25, and is currently used for a mobile home park, containing 44
permitted spaces - two of which are vacant because of septic problems.
The property owner has recently acquired sewer service from the City of Durham in order to utilize these
two vacant mobile home spaces, with the possibility of creating several new spaces in the future by virtue
of municipal sewer service and grading of vacant portions of the site. The possible expansion is not under
consideration at this level - any expansion of this type would require a separate review at a later date.
i. The proposed amendment would re-designate this land from its current category of Rural Residential to
Twenty-Year Transition. The designation of Twenty-Year Transition is applied to land in transition from
rural to urban use, with access to urban services such as water and sewer. This proposed reclassification
would allow potential rezoning of the land to higher density residential uses in the future. The property
is currently zoned R-1 (one unit per acre). This mobile home park predates zoning in Eno Township.
If your agency wishes to comment on this proposal, please submit those comments to my attention at the
above address no later than May 7, 1993.
If you have questions, please contact me at 732-8181, 967-9251, 688-7331 (extension 2590).
Sincerely, vaim,c0
Da,,,e
Dave Stencil, AICP
Planner II - Comprehensive
is
LI N DY PEN DERG RASS 144 East Margaret Lane
151 'E
Sheriff of Orange County Hillsborough, North Carolina, 27278
April 20, 1993
Marvin Collins, Director
Orange County Planning
Revere Road Hillsborough,
North Carolina 27278
Re: CP-3-92 Louis and Joe Berini
Howe Street, Orange County
Mobile Home Court Expansion
Mr. Collins,
The property described above if rezoned can be
serviced by the Orange County Sheriff ' s Department.
However, I would like for you to keep in mind that
our records indicate various service calls are abundant for
high density mobile home courts. Additional personnel and or
equipment maybe necessary to service this type of expansion
and the surrounding area.
/f
Sinc ely 1
I . 141.4eir 9;)'
"eriff Lind Pendergras
15';
MEMORANDUM
TO: David Stancil , Planner II
C;I:1;liir---
FROM: Paul Thames , County Engineer
DATE: May 3 , 1993
SUBJECT: CP-3-92 , Amendment to Comprehensive Plan, Berini
Property
In reply to your request for comment regarding the above
referenced subject, I wish to convey my reservations about
the sewer system serving the existing mobile home park. I am
and have been concerned about the adequacy of the portion of
the sewer system serving the park and owned by the Berinis as
I have previously expressed in my memorandum of 9/16/92 to
Marvin Collins and Warren Faircloth.
Residential sewer collection systems generally conform to
design standards requiring the use of eight inch minimum
diameter sewer mains and manholes located at distances of not
greater than four hundred feet apart, at every change of
horizontal and vertical alignment and at points where mains
intersect. The purpose for these design standards is to
insure minimal probability of stoppages in the mains and to
allow ready access to the mains to locate and clear stoppages
if and when they occur. The use of smaller main diameters,
even when the mains will carry the full design flow,
increases the probability of stoppages by enabling smaller
diameter objects to cause stoppages. The use of pipe elbows
and tees to replace manholes also provides increased
opportunity for stoppages while making location and removal
of stoppages more difficult.
The sewer system serving the Berini property was designed in
two discrete sections, each section with different design
criteria and philosophy. The entire private portion of the
sewer system, to be owned by the Berinis and contained solely
within the Berini property, is composed of six inch diameter
sewer main with no manholes utilized to accommodate changes
in horizontal or vertical grade or to provide for the
connection of sewer mains. The public portion of the sewer,
connecting the private system and previously existing portion
of Durham' s sewer system, is owned, operated and maintained
by the City of Durham. The design for this portion of the
15
system, which conforms to standard resident sewer
collection system design practice , provides for the use of
eight inch sewer pipe and manholes at each change in
horizontal and vertical alignment.
The design for both the public and private portion of the
sewer system was approved by the City of Durham, even though
most of the public section and all of the private section lie
in Orange County. I am certain that Durham would not have
approved the design and construction of the private portion
of the sewer system if it believed that it would ultimately
be faced with the responsibility for system ownership and
maintenance .
The Berini sewer system design was also approved by the
NC Division of Environmental Management (DEM) . I have spoken
with DEM personnel regarding my concerns about the design of
the Berini system on several occasions. DEM staff have led
me to believe that intensive lobbying by mobile home park
owners and engineers have led to a DEM policy of special
concessions for sewer system design in mobile home parks .
These concessions allow sewer systems to be constructed
utilizing clean-outs in lieu of manholes and with main sizes
smaller that the eight inch standard for collection systems .
DEM staff have also led me to believe that they, on an
individual basis , are not comfortable with these concessions .
I am confident that this type of system design would not be
approved by DEM as a part of a public sewer system serving
dwellings other than mobile homes . On my part, I cannot see
how the ownership of the sewer system or the type of single-
family dwelling served has any beneficial impact on the flow
characteristics which should determine design criteria for a
sewer collection system.
In summary, I would recommend that any land use amendment,
rezoning or other process that would allow additional sewer
hook-ups to the existing Berini system, if it was constructed
as per the plans I have previously reviewed, be avoided. I
believe that the system configuration is marginal for its
current use and that additional loading on the system will
increase the probability for at least temporary system
failure . If I may provide additional information or comment,
please advise.
1 ii a a
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,
ORANGE COUNTY PLANNING DEPARTMENT 15 ,5
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
twry I
l.��
May 4, 1993
Dear Property Owner:
Please find attached a legal notice of a public hearing to be held
Monday, May 24 , 1993 at 7 :30 p.m. in the (New) Orange County
Courthouse in Hillsborough.
This notice is being mailed because you are listed as owning
property within five hundred (500) feet of a proposed amendment to
the Land Use Element of the Orange County Comprehensive Plan being
considered at this public hearing.
The proposed amendment is listed on the attached notice as
Comprehensive Plan Amendment CP-2-93, submitted by Louis and Joe F.
Berini. The property in question contains 11. 9 acres known as the
Caroline Mobile Home Park. The site is located on the north side of
Interstate 85 near the Durham County line at the end of Howe
Street. More information on the specifics of the proposed amendment
can be found on the attached notice. A map of the property is
provided on the back of this letter.
Citizens wishing to speak on this proposal may do so at the
hearing, or may submit written comments prior to the closing of the
hearing to the Planning Department at the address shown at the top
of this letter.
If you have questions about this proposal, please contact myself
(extension 2590) or Gene Bell (extension 2589 ) at 732-8181, 967-
9251, or 688-7331.
Sincerely,
Eb Ax, li
Dave Stancil
Comprehensive Planner II
xc: Gene Bell, Planner III-Comprehensive
156 Excerpt from Durham 2005
Comprehensive Plan
1 . Urban Growth Area
The City ' s Urban Growth Area ( UGA) is defined as the land
within the City limits plus those portions of Durham and
Orange Counties which can be expected to develop an urban
character over the next 20 to 30 years . The UGA is
delineated on the Future Land Use map on the Comprehensive
Plan . The boundaries represent a combination of expectations
of the location and quantity of private development activity ,
and the City ' s stated preference regarding where future
development should occur. The UGA reflects a long- term
strategy for future City annexations of adjacent developed
areas .
The policy relating the UGA and development is clear and
simple : extension of sewer and water service to property
outside of the UGA is prohibited. Further , property
P y
development outside of the UGA more intense than rural
density is discouraged , except for development integral to
the urban fabric of adjacent communities , such as Chapel
Hill . The intent of this urban growth policy is to insure
that , when growth occurs , that growth is directed to sites
sufficiently close to existing service facilities to allow
cost efficient service extension to those areas . It reflects
the City ' s desire to limit sprawl and leapfrog development ,
thereby effectively managing its future growth .
2. High Priority Growth Area
High Priority Growth ( HPG) areas are defined as those
portions of the UGA where sufficient facilities and service
capacity exists to support urban development . In essence ,
this area is where the City would like to see development
occur because wastewater treatment systems can handle
associated wastewater and the network of streets and
thoroughfares can handle associated traffic . . The HPG area is
composed of the City plus those areas targeted for
57
15
annexatation in the near future ( 3 to 5 years ) . The HPG area
is shown on the Future Land Use Map .
The City ' s general policy regarding development in the HPG
area is to encourage appropriate development by sharing the
cost of installing water distribution mains and sewer
outfalls . Developers will be required to incur the costs
associated with utility lines necessary to serve their
developments . The City will incur the costs associated with
oversizing those lines in order to adequately serve future
needs . In this manner , the City can stimulate development in
appropriate locations by utilizing its capability to fund and
construct capital improvements .
Because the Plan is general in nature , the Comprehensive Plan
does not detail the specific requirements of cost sharing
arrangements with the City for improvements undertaken in
high priority growth areas . The City administration will
develop and maintain a manual for public distribution that
will give guidance to citizens and developers regarding the
details of cost sharing improvements . This manual , to be
periodically reviewed by the City Council , will outline
specific responsibilities of the developer and the City in
cost sharing infrastructure improvements .
3. Low Priority Growth Areas
The Low Priority Growth ( LPG) areas fall outside the high
priority growth areas but inside the urban growth area
boundary. While the LPG areas are anticipated to eventually
receive urban services and be annexed into the City , these
areas should be developed at a later date. The LPG areas are
not appropriate for immediate development because of several
reasons : necessary transportation thoroughfares are not in
place , water service is not yet available pending
distribution system improvements , wastewater treatment
capacity does not exist , and/or utility lines are not in
rn
158
place . Development of urban land uses in the LPG areas will
be allowed only if the developer incurs all costs associated
with extension of necessary urban services and facilities ,
such as sewer , water and streets .
4. Growth Management Areas Revisions
The urban growth areas and high and low priority development
areas are established to manage growth in Durham . However ,
the conditions under which these growth management techniques
were established are not static ; they may and probably will
change in the year following adoption of the Comprehensive
Plan. Consequently , the boundaries of these areas should be
reviewed on a regular basis to determine if changing
conditions necessitate boundary revisions . The review should
be timed such that boundary revisions are made early in the
chronology of the development of an annual annexation
strategy , capital improvements program and City budget . This
timing scheme insures that the changes in growth management
boundaries are coordinated with other fiscal and urban
services planning undertaken by the City.
5 . Infrastructure Financing
a . New Philosophy
The rapid pace of development in Durham and the expected
future growth generate legitimate concerns among citizens
and public officials about how new growth will be
accommodated . These concerns are voiced at a time when
City resources are severely strained , and Federal
assistance to local governments is being reduced .
Consequently , new methods of financing infrastructure
improvements necessary to support growth are being
examined . The City is rethinking its traditional "pay-
as -you-go" philosophy of public infrastructure
improvements .
�4
. '`-
DURHAN�I' 2 Q5 COMPREHENSIVE PLAN MAP 3 ♦"` f �t �- ( '
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