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Agenda - 04-06-1989
ORANGE COUNTY BOARD OF COMMISSIONERS - CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PLANNING PUBLIC HEARING THURSDAY, APRIL 6, 1989 7:30 P.M. GUY B. PHILLIPS JUNIOR HIGH SCHOOL AUDITORIUM - ESTES DRIVE CHAPEL HILL, NORTH CAROLINA A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the printed agenda (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 elgenda 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. PAGE D. Plumac HEARING 1. Joint Planning Land Use Plan 07 a. LOP-4-89 Envirotek, Incorporated 63 b. LUP-5-89 Cazwell, Incorporated 99 c. LOP-6-89 Town of Carrboro PAGE 2. Orange County Zoning/ Atlas 135 a. Z-3-89 Town of Carrboro 137 b. Z- 4-89 Town of Chapel Hill. 2. ADJOURNMENT sx � ORANGE COUNTY 07 BOARD OF COMM/SSIONERS JOINT PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: April 6, 1989 Action Agenda Item # D-1-a- SUBJECT: LUP-4-89, ENVIROTEK, INC. DEPARTMENT: Planning PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: - Application Materials Marvin Collins, Extension 346 - Analysis of Proposed Amendment Gene Bell, Extension 565 - Public Notice David Stencil, Extension 566 - Agency comments - Applicable sections of Joint Planning Area Land Use Plan. - Carrboro Planning Board TELEPHONE NUMBERS: Recommendation of 3/30/89 Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public input on a proposed amendment to the Joint Planning Area Land Use Plan, for Orange County, Chapel Hill and Carrboro. BACKGROUND: This proposed amendment is submitted by Envirotek, Inc. of Raleigh, N.C. The proposal requests land use classification changes for 18 parcels of land in Chapel Hill Township. The land in question is located on the western half of the Interstate 40 interchange with New Hope Church Road. The property contains a total of 424 acres, and is bounded on the west by New Hope Creek. Currently, all property in this proposed amendment area is designated Rural Buffer on the Joint Orange • _ tt . =.s1 Hil Car born Laid U=e Plan, and is accordingly zoned Rural Buffer. The .applicant is requesting that 159 acres, located near the 1-40 interchange and south of New Hope Church Road, be redesignated Commercial Transition Activity Node. This change in designation would permit zoning that could introduce commercial and related non- residential land uses into this area. The node classification is also designed primarily for areas utilizing water and sewer service. Applicant further requests that 265 acres to the north of this proposed node be redesignated Agricultural- Residential. This change in designation would permit 08 a higher density of residential development, as well as assorted non-residential land uses that can occur in rural, agricultural areas. Staff analysis of the proposed amendment is attached. This analysis was prepared by the planning staffs of Orange County, Chapel Hill and Carrboro. RECOMMENDATION: The Orange County, Chapel Hill and Carrboro Planning staffs, recommend denial of the proposed amendment as shown in the attached analysis. 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 recommendation. A proposed schedule for consideration is as follows: Chapel Hill Town Council April 24 Carrboro Board of Aldermen April 25 Orange County Planning Board May 15 Orange County Board of CommissionersJune 5 • • • • ‘,1 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 09 HILLSBOROUGH. NORTH CAROLINA 27278 March 2, 1989 Mr. Michael R. Majewski, AIA, ASLA Envirotek, Inc. 1111 Oberlin Road Raleigh, N.C. 27605 SUBJECT: JOINT PLANNING AREA LAND USE PLAN AMENDMENT APPLICATION (LUP-4-89) Dear Michael: This letter is to inform you that the Orange County Comprehensive Planning Staff has completed its preliminary review of your application (LUP-4-89) for a Joint Planning Area Land Use Plan amendment and find it complete. I will be forwarding copies of the application materials to the Planning Departments of the Towns of Chapel Hill and Carrboro as per Section 2.6 .A of the Joint Planning Agreement adopted on November 2, 1987. As indicated in our previous conversation, a Public Hearing date has not been set for consideration of the application. The Orange County Board of Commissioners is scheduled to consider possible hearing dates at their meeting on March 8, 1989. If a date is decided upon at that meeting, I will call you the next day. reel free to call me if you have questions. ' Sincerely, R. Eugene Bell, AICP cc: Marvin Collins, Orange County Planning Director Roger Waldon, Chapel Hill Planning Director Roy Williford, Carrboro Planning Director David Stencil, Planner II, Orange County DK4:LUP489AC.DOC ,‘... , - .. \ --- --.•--..- , . ••. LUP-4-99 ENVIROTEK, INC. .. , 10 ,. . ( Proposed Commercial Transition Activity . istimmomml 'N.,,,,.,,,,,,,- ',------ • __....._ Proposed Agricultural/Residential Area •...................... .... k .... ..... ........ .......,... ......., ....._, A , 41. .... P9 One inch = 1000 feet • wmgenWEren: . f........s...........o.q....q..............n....................,z............1...//, .. •••••••••••••••'•••••7.0.••••••••••••Filik.....•••••••••••ii.w... :7 . •‘.. I 0 \ • . . N . ""'" •••••• • .......,.. ..,....„ , \ , tiv --""::::•••••••••••......................., . 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HILLSBOROUGH, NORTH CAROLINA rns „ March 2, 1989 Mr. Michael R. Majewski, AIA, ASLA Envirotek, Inc. 1111 Oberlin Road Raleigh, N.C. 27605 SUBJECT: JOINT PLANNING AREA LAND USE PLAN AMENDMENT APPLICATION (LUP-4-89) Dear Michael: This letter is to inform you that the Orange County Comprehensive Planning Staff has completed its preliminary review of your application (LUP-4-89) for a Joint Planning Area Land Use Plan amendment and find it complete. I will be forwarding copies of the application materials to the Planning Departments of the Towns of Chapel Hill and Carrboro as per Section 2.6.A of the Joint Planning Agreement adopted on November 2, 1987. As indicated in our previous conversation, a Public Hearing date has not been set for consideration of the application. The Orange County Board of Commissioners is scheduled to consider possible hearing dates at their meeting on March 8, 1989. If a date is decided upon at that meeting, I will call you the next day. Feel free to call me if you have questions. • Sincerely, R. Eugene Bell, AICP cc: Marvin Collins, Orange County Planning Director Roger Weldon, Chapel Hill Planning Director Roy Williford, Carrboro Planning Director David Stencil, Planner II, Orange County DK4:LUP489AC.DOC • • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 12 HILLSBOROUGH, NORTH CAROLINA 27278 7.4 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 if_LUP- Lt — fiT? DATE RECEIVED: Fe7gRA:Apee..H 2J, / VI STAFF PERSON(S RESPONSIBLE: G•67,61ga-1— tbolvi) GENERAL DATA: Property Owner( s) Name: SEE ATTACHED SHEET • Mailing Address : • Phone: (Home) (Work) • Agent(s) Name: Envirotek, Inc. • Mailing Address : 1111 Oberlin Road, Raleigh, N.C. 27605 Phone: 919-832-6658 SPECIFIC DATA: SEE ATTACHED SHEET Tax Reference: Township Chapel Hill Tax Map ' Block • Lot Public/Private Road Name: Lot Size: Acreage Square Footage Lot Frontage • Lot Depth Current Plan Category Designation(s) : • General Rural Buffer Activity Node No" Watershed None • Joint Planning Area Joint Development Review Area REQUEST #LUP— & - g9 • 13 ,SPECIFIC DATA (continued) : • Describe Land Uses in the General Area : Generally undeveloped with some agricultural and single family, a new school facility is proposed approximately j42 [pile east of ite. On Adjacent Parcels of Land: Generally undeveloped with cOMP agricul- . tairal and single family. REQUEST: Agricultural Residential County Commercial Land Use Plan Category Designation(s) Requested: Transition Activity Node (SEE LETTER) Type of Amendment:* Primary X Secondary * * * * * * * * * * * * This application should be submitted with the following materials: X Fully dimensioned tax map on which is highlighted the parcel, • or portion thereof, in question . X Legal description of the parcel, or portion thereof . g 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 o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned, certify that all statements furnished in t.nis application are true and to the best of my (our) knowledge and that the application as submitted is complete. , • . Envirotek, Inc. , Michael R. Majewski NAME OF APPLICANT SIGNATURE F APPLICANT(S) 2.0 DATE 14 • 13: February 1989 IMTVXFOCYTTU‹ . Envirotok,Inc till Oberon Road Raleigh NC 27605 USA Telephone(919)832-0659 • Telefax 19191 839-2255 . . • arevlects engineers Winners Orange County Planning Department 306F Revere Road • Hillsborough, NC 27278 • . ATTN: Eugene Bell RE: Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell: The following is a request to change the land use plan category designations of land lying in.the NW & SW quadrants of the 1-40 and New Hope Church Road interchange. See the attached list of parcels and property owners. See attached tax map for graphic location. The current land use plan designation for this area is Rural Buffer and falls within the Joint Development Review Area. This area does not fall within a designated watershed. We are requesting the following for Map #9-1D tract #726628 and Map #2-21 Tract #726610. Change the planning category for these two tracts to Agricultural residential. We are requesting that the remaining tracts listed be changed to plan designation County Commercial Transition Activity Node. It is our intent to file for rezoning with a planned development. The following issues of development will be defined and limited by the planned development. A. Waste Disposal & Water Supply B. Impervious Service ' C. Access Limitations to New Hope Church Road D. Landscaping in addition to what is required E. Buffers in addition, to what is required F. Restrictions on building height. G. Restrictions on building materials & design elevations H. Restrictions on signage 1. Density J. Restrictions on development character K. Utilize existing topographic & vegetative features for buffer and transition. • tm, 15 Eugene Bell 13 February 1989 Page 2 We believe that these proposed amendments will carry out the intent and purpose of the adopted Comprehensive Plan in conjunction with zoning and planned development by locating development on an interchange with 1-40 so that traffic will not be impacted on adjacent residential areas. This will also provide an area of services and supplies for the many homes built in the area as well as may be built in the future. (a) As per section 2 . 2 . 14 of the Orange County Zoning ordinance, we offer the following: The completion of the 1-40 corridor is probably the single major change in the county which would make this proposed plan change necessary. This will allow traffic to move in and out of the area in a controlled manner. As Orange County continues to grow, the increased number of single family residences on (2) acre lots will give a need for service facilities that are locally available without driving great distances for everyday needs. • (b) No error or omission has been made in the initial plan this request is based on changing conditions only. (c) No change in policies has been made in the initial plan this request is based on changing conditions only. We would appreciate your processing this application. Please contact us if you have any questions or need additional information. Sincerely, Michael R. Majewski, AIA, ASLA NLTNHQ MRM/vcs Attachments • • 16 AREA IN TAX MAP ACRES TRACT # NAME AND ADDRESS OF PROPERTY OWNER 2-21 58.38 726610 Bingham Land Co. P.O. Box 5 Clemmons, NC z7012 9-1D 207 726628 Nello L. Teer Co. P.O. Box 1131 Durham, NC 27702 265.38 ACRES 9-12 31.5 728591 John C. Blackwood & William S. Nunn , Rt. 2 New Hope Rd. Box 1021 Chapel Hill, NC 919-682-6742 Z751(0 9-12D 6.5 723570 R. Nowell Creadick Rt. 2 Box 709, Chapel Hill, NC 919-968-1010 ZlStl- 9-11 10.4 728493 Samuel J. Blackwood & John C. & Robert C. Blackwood .t 1021 New Hope Church Rd. Chapel Hill, NC 21540 9-11B 3.35 728162 Robert C. & Carolyn Blackwood 1210 New Hope Church Rd. Chapel Hill, NC 21z16 9-12G 1.45 724182 John C. Blackwood —1021 New Hope Church Rd. Chapel Hill, NC , 919-682-6742 4.731G, 9-12E 0.92 724179 John C. Blackwood Rt. 2 Box 709, 1021 New Hope Ch Rd Chapel Hill, • NC 919-682-6742 27.514 9-12C 0.92 724178 John C. Blackwood Rt. 2 Box 709, 1021 New Hope Ch Rd Chapel Hill, NC 2751L 919-682-6742 9-12F 0.98 724180 John C. Blackwood V Rt. 2 Box 709, 1021 New Hope Ch Rd Chapel Hill, NC 919-682-6742 2161(0 �� 17 AREA IN TAX MAP ACRES TRACT # NAME AND ADDRESS OF PROPERTY OWNER 9-128 5.03 730512 Jack C. & Barbara H. Tapp ✓ 1201 New Hope Church Rd Chapel Hill, NC 2'151(40 919-942-2006 9-13 4.2 730510 Homer R. & Margaret C. Tapp 5911 Hideaway Dr. Chapel Hill, NC 2?5)6 919-942-4606 14-1A 5.211 728421 Carlton 1201 New Hope TChurch Rd Chapel Hill, NC 27 516 14-1B 7.58 728424 Margaret Anne Tapp ✓ 5208 Homer Ruffin Rd. Chapel Hill, NC v5)6 14-1C 10.001 725001 James Neal Tapp 5306 Homer Ruffin Rd. Chapel Hill, NC 21516 14-1D 10.001 725002 Homer Andrew Tapp 5307 Homer Ruffin Rd. Chapel Hill, NC 2-7514, 14-1 51.78 727887 Homer R. & Margaret ga rret C. Tapp 5911 H Chapel Hill, NC 27 51, 919-942-4606 I ' 14-1E 9.37 728426 Homer R. & Margaret C. Tapp 5911 Hideaway Dr. Chapel Hill, NC 2-75v4, 919-942-4606 159. 1 ACRES 424.4 ACRES TOTAL • I . ki 18 • The following are the legal 'descriptions of the parcels included in this application. Many of the parcels consist of portions of the following. TRACT # 726610 TRACT 1 : Known as tract bought by David Craig from O. F. Long . Beginning at a rock and pointers the corner of the ' lot of Heirs of I . R. Strayhorn is the W. F. Strayhorn land also the corner of Martha J . Blackwood, thence. South 34 deg. West 7 chs . and 90 lks to a hickory, Strayhorn Heirs corner, thence South 9 deg. West 12 chs . and 57 lks . (passing the division corner between Strayhorn Heirs ' and Dr. Berry at 24 Lks . from the hickory) to a rock and pointers , Dr. Berry' s corner on the old line , thence West 34 chs , and 90 lks . to a rock and pointers the . old corner on Wm. Adams ' line , thence • North 1/4 deg. East 20 chs . and 30 lks . to a rock and pointers , the Southwest corner of Mrs . Blackwood' s lot , thence her line East 4 1/2 chs . to the 1st station containing 73 -1/10 acres more or less . Reference is hereby made to deed from Mary E . and Melissa M . Craig to Robert P. Blackwood, dated January. 23 , 1900 and recorded in the office of the Register of Deeds of Orange County in Deed Book E, page 550 . Reference is also made to the Will of Robert P . Blackwood which is duly recorded in the office of the Clerk of the Superior Court of Orange County . TRACT 2 : Beginning at a black- oak, Blackwood' s corner , and running thence North 1/4 deg. .West 11 . 32 chs . to a cedar on the Culbertson line ; thence with the Culbertson line South 32- 3/4 deg, West 3 . 30 chs . to a rock; thence South 39 1/2 deg. East 1 . 68 chs . to a rock; thence South 1/4 deg. East 5 . 71 chs . to a rock; thence South 20- 3/4 deg. East 1.45 chs . to the place or point of beginning, containing one-half acre, more or less . Reference is made to the Will of Robert P. Blackwood, which is recorded in the office of the Clerk of the Superior Court of Orange County. Being all of the same property described in deeds recorded in Deed Book 135 , page 357 and Deed Book 165 , page 4 , Orange County Register of Deeds Office . Save and except an 8 . 5 .acre tract sold to the Department of Transportation on January 10 , 1984 . • • • 4 19 TRACT # 726628 BEGINNING at a concrete monument in the West Right-Of-Way line of Interstate Highway No . 40 , said concrete monument having N . C . Grid Coordinates of : North 822 , 624. 09 and East 1 , 974 , 524 .47 and running thence along and with the North property line of Samuel J . Blackwood North 89 degrees 57 minutes West 90 . 94 feet to an axle; thence along and with three lines of Laura V. Blackwood North 89 degrees 57 minutes West 289 . 90 feet to a 2 inch flat iron at a • rock; thence North 04 degrees 00 minutes 04 seconds West 200 . 86 feet to a rock; thence South 85 degrees 13 minutes 40 seconds West 1 , 122 . 52 feet to a rock in the center of an old road bed; thence • along and with the centerline of said old road bed along the East property line of Mattie E. Blackwood the following lines : North 33 degrees 31 minutes 21 seconds West 157 .14 feet to an iron stake , North 32 degrees 00 minutes 49 seconds West 325 .09 feet to an iron stake , North 37 degrees 14 minutes 55 seconds West 241 . 55 feet to an iron stake , North 33 degrees 52 minutes 56 seconds West 186 .44 feet to an iron stake , North 24 degrees 20 minutes 51 seconds West 199 . 51 feet to an iron stake , North 33 degrees 14 minutes 11 seconds West 942 . 74 feet to an iron stake , North 42 degrees 28 minutes 16 seconds West 188 . 06 feet to a three foot high stone ; thence along and with the East property lines of Ola M. Collins North 09 degrees 38 minutes 20 seconds West 112 . 02 feet to a 2 foot high stone , North 02 degrees 10 minutes 15 seconds West 364 . 03 feet to an iron stake in a rock pile at a old cedar stump , North 39 degrees 27 minutes 20 seconds West 122 . 83 feet to an iron stake set in a rock pile , North 33 degrees 37 minutes 06 seconds East 218 . 56 feet to a cedar log in a rock pile at blazed witness trees , North 05• degrees 31 minutes 44 seconds West 272 . 57 feet to an existing iron stake on the West side of the old road; thence with Calhoun • . D . Geiger East line North 00 degrees 22 minutes 09 seconds East 252 .98 feet to an existing iron stake in a rock pile at pointers ; thence along the South line of Bingham Land Company South 89 degrees 57 minutes 42 seconds East 2 , 080 .42 feet to a concrete monument in the west Right-Of-Way line of Interstate Highway No . 40 ; thence along and with 8 West Right-Of-Way lines of Interstate 40, South 10 degrees 05 minutes 24 seconds East 775 . 23 feet to an iron stake found, South 10 degrees 12 minutes 33 seconds East 201 . 52 feet to an iron stake found, South 13 degrees 57 minutes 46 seconds East 623 . 85 feet to an iron stake found, South 14 degrees 25 minutes 40 seconds East 313 . 85 feet to an iron stake found, South 10 degrees 26 minutes 23 seconds East 397 . 52 feet to an iron stake found, South 18 degrees 40 minutes 53 seconds East 490 . 69 feet to an iron stake found, South 07 degrees 10 minutes 18 seconds East 324.98 feet to an iron stake found, South 01 degree 51 minutes 09 seconds East 187 . 21 feet to a concrete monument, the place and point of BEGINNING , containing 145 . 81 acres , more or less , • according to a Survey by George C. Love , Jr. , Registered Land Surveyor, dated November 15 , 1983 , Job recorded in the Office of the Orange County Register of Deeds in Plat Book 38 , on Page 57 , to which Plat reference is hereby made for a more particular description of same . • ,••• ‘)0 TRACT # 728591 BEGINNING at a point in the center of N. C . Secondary Road No . 1723 • at the common corner between the properties of E . E . Collins and Robert A. Bonar; thence from said beginning point along the North line of said Collins property in a Westerly direction several hundred feet to the Northwest corner of said Collins property; thence along the West line of said Collins property in a Southerly direction to a point at the Northeast corner of the, property belonging to the Pines of Carolina Girl Scout Council , Inc . ; thence • along the North line of that property in a Westerly direction to the Northwest corner thereof at the creek; thence continuing in a Westerly direction along the North line of property owned by Lloyd W. Gardner property and the East line of property owned- by Ola M. Collins in a Northerly direction to a corner in the line of property of Paul E. Shearin et als ; thence along the Southwest line of said Shearin property in a Southeasterly direction to a Westernmost corner of the property of Laura Blackwood; thence along the West line of said Laura Blackwood property in a Southeasterly direction to another corner in her line ; thence along the South line of said Blackwood property in an easterly direction to another , corner in her line ; thence along a Southwesterly line of said, Laura Blackwood property and along a Southwesterly line of the 'property of Robert C . Blackwood ' in a Southeasterly direction to a point in the center of said road, Robert C . . Blackwood' s corner; thence along the center of said road in a Southwesterly direction to the Beginning point , containing approximately 105 acres and being known and designated as the Hattie E. Blackwood Homeplace , same being shown and designated as Tract No . 12 and Tract No . 12-A on the Chapel Hill Township Tax Map No . 9 on file at the Orange County Tax Supervisor ' s Office in the 'Courthouse in Hillsborough ,. North . Carolina. TRACT # 723570 BEGINNING at a stake located in the property line on the northwest side of New Hope Church Road (SR 1723) said stake being located North 54° 30' 55" East 84. 11 feet from an iron stake which, in turn, is located at the western tip of the Eustice E. Collins Property as shown on plat hereinafter referred to; and thence from said point and place of beginning North 79° 58 ' 34" West 260 . 07 feet to a stake ; thence with the new John Blackwood line North 22° 50 ' 17" West 753 . 24 feet to a stake ; thence North 490 22 ' 03" East 92 . 63 feet to a stake ; thence North 09° 06 ' 43" East 193 . 27 feet to a stake ; thence North 31° 20' 47" East 32 . 55 feet to a stake; thence along and with the new John Blackwood line South 30° 46' 43" East 1112. 07 feet to a point located in the centerline of the New Hope Church Road; thence along and with said centerline South 54° 09 ' 55" West 122 . 0 feet to the control corner; thence North 79° 58 ' 34" West 41. 81 feet to the point and place of BEGINNING, containing 6 . 5 acres , more or less , and being the property surveyed for John C. Blackwood by Alois Callemyn, Land Surveyor, recorded in Orange • County Registry in Plate Book 35. at Page 161 , to which reference is • hereby made for a more particular description of same. ,A tiv 21 TRACT # 728493 BEGINNING at a stake in the public road on the line of Hattie E. Blackwood at a point where a private road enters the said public road, and running thence with the line of Hattie E . Blackwood North 31 deg. West 1080 feet to pointers in the center of a creek; thence South 77 deg. WEst 575 feet to a rock; thence North 33 deg. West 275 feet to a rock in a old lane on the line of the Craig land; thence with Craig' s line North 87 deg. East 1098 feet to a rock; thence South 2 deg. West 200 feet to a rock; thence South 88 deg. East 1100 feet to a rock, the center of the said public road; thence with the center of the said public road South 48 deg. West 127.0 feet to the place or point of beginning, containing 19 . 50 acres , more or less , all according to the Map of the survey made by J . Ralph Weaver, Registered County Surveyor, September 2]. , 1946 ; SAVING AND EXCEPTING the property conveyed to Samuel J . Blackwood and wife Marguerite Mr. Blackwood by deed dated June 30 , 1965 , recorded in Orange County Registry in Book 202 at Page 685 , and by deed date March 22 , 1963 , to Robert C . Blackwood and wife , Carolyn W. Blackwood, recorded in Orange County Registry in Book 192 at Page 194 ; and by deed dated June 30 , 1965 to John C. Blackwood and wife , Nancy S . Blackwood recorded in Orange County Registry in Book 202 at Page 684 . TRACT # 728162 BEGINNING at an iron stake in the Northern side of a public road, the Southeast corner of Mattie E. Blackwood; running thence with the line of said Mattie E. Blackwood North 28° 30 ' West 440 . 5 feet to an iron in said line ; running thence, a new line in the property . of the grantors herein, North 61° 35 ' East 389 feet to an iron, a new corner; running thence another new line South 20° 30 ' East 382 feet to an iron in the Northern boundary of the aforementioned public road; running thence with said road South 51° 0' West 342 feet to an iron, the point and place of BEGINNING, and containing 3 .4 acres , more or less , according to that survey and plat by Frank M. Carlisle dated 15 March, 1963 , entitle "Property of Robert C . Blackwood. " TRACT # 724182 BEGINNING at an iron stake in the Northern line of a public road (SR 1723) , at a point where the Southern Line of former I . M. Craig property intersects with the Northern line of said road; running thence South 51° 00' West 461 feet across the curve of said road and along the centerline of said road to a point; running thence North 27° 30' West 30 feet to an iron stake in the Northern margin of said road, corner with Samuel C. Blackwood; continuing thence with the line of Samuel C. Blackwood North 27° 30' West 352 feet to an iron stake at a blazed tree ; running thence with the line of the former I . M. Craig property South 85° 45 ' East 523 to the BEGINNING, and containing 1 . 85 acres , more or less . 22 TRACTS. # 724179 , 724178 , 724180 BEGINNING at an iron stake in the Southeast right of way line of New Hope Church Road at the corner of the property of Robert A. Bonar; thence from said beginning point along the right of way of said road N 56° 21' 21" E 630 . 55 feet to an iron stake at the corner of Tract No, 2 shown on the- plat hereinafter referred to; thence along the Southwest line of said Tract No . 2 (being a 2 . 62 • acre tract) S 33° 50 ' 26" E 504, 18 feet to an iron stake in the North line of said Bonar property at the Southwest corner of said Tract No . 2 ; thence along the North line of said Boner property N 85° 04' 35" W 808 . 69 feet to the Beginning point, containing 3 . 65 acres and being designated as Tract No. 1 according to survey and plat of J . Watts Copley, Registered Land Surveyor, dated February 1 , 1974 , plat of which is entitled "Property of Hattie E . Blackwood" . TRACT # 73.0512 All of that certain tract or parcel of land containing 5 . 03 acres , and known and designated as Lot A of the Homer R. Tapp property as surveyed by J . H . Hollard, Jr. , R.L. S . , dated July 12 , 1985 , and recorded in Plat Book 42 , page 45 , Orange County Registry , to which plat reference is hereby made for a more particular description of same . TRACT 0 730510 BEGINNING at a stake in the northwest corner of the intersection of Hideaway Drive and Stoney Wood Road, which beginning point is arrived at by reassuring along the west side of Hideaway Drive in a • • northerly direction from the northeast corner of Lot 5 in Block A of Section I of Hideaway Estates , as shown in Plat Book 18 , at page 64 , Orange County Registry , as follows : with the arc of a counterclockwise curve , ' having a radius of 316 . 14 feet , a distance of 308 . 99 feet to a stake ; thence with the arc of a . clockwise curve , having a radius of 555 .05 feet a distance of 668 . 76 feet to a stake ; thence north 4° 58 ' west 234 . 66 feet to a stake the aforesaid northwest corner of the intersection of Hideaway Drive and Stoney Wood Road; and running thence from said beginning point along and with the west side of said Hideaway Drive north 4 58' . west 615 .6 . feet to a stake; thence continuing with the west side of said drive with the arc of a clockwise curve , having a radius of 1 , 050 feet, a distance of 403 . 17 feet to a stake ; thence south 77° 16 ' west 547 . 72 feet to a stake ; thence south 32° 28 ' east 360 feet to a stake ; thence south 4 ° 58 ' east 665 . 8 feet to a stake in the north side of Stoney Wood Road; thence along and with the north side of said road north 75° 32' east 304, 17 feet to a stake , the place of beginning, containing 7 . 8 acres , and being a portion of HIDEAWAY ESTATES PROPERTY OF HOMER R. TAPP, lying to the north of Section I of. Wideaway Estates , the plat and survey of which is now on file in the office of the Register of Deeds of Orange County in Plat Book 18 at page 64, to which reference is hereby made for a more particular description. • i. 23 TRACT # 728421 BEING all of Lot 1, NEW HOPE OLD FARM, Section I, as surveyed and platted by Bob G. Roberts, Sr. , R.L.S. recorded in Plat Book 37, • page 60, Orange County Registry, and containing 10.001 acres. TRACT # 728424 BEING all of Lot 2, NEW HOPE OLD FARM, Section I, as surveyed and platted by Bob G. Roberts, Sr. , R.L.S. recorded in Plat Book 37, page 60, Orange County Registry, and containing 10.001 acres. TRACT # 725001 BEING all of Lot 3, NEW HOPE OLD FARM, Section II, as surveyed and platted by Bob G. Roberts, Sr. , R.L.S. recorded in Plat Book 37, page 61, Orange County Registry, and containing 10.001 acres. TRACT # 725002 BEING all of Lot 4, NEW HOPE OLD FARM, Section II, as surveyed and platted by Bob G. Roberts, Sr. , R.L.S. , recorded in Plat Book 37, page 61, Orange County Registry, and containing 10.001 acres. TRACT # 727887 BEGINNING at a point on New Hope Creek, 165 feet west of Paul Dodson's land, the same being Tom Brown's southeast corner, marked by pointers; thence N. 10° W 16.25 chs. to a stake in road; thence N 72° E 4.70 chs. to a stake in road. Thence N 2° 15' E 25.50 chs. to rock and pointers in R.P. Blackwood's line; thence E 30 chs. to . corner for Strayhorn land, New Hope Church land and James Craig land. Thence South 73.53 chs. to rock, Henry Tapp's corner; thence West 5.25 chs. to rock, Henry Tapp's corner again. Thence South 10.10 chs. to New Hope Creek; thence with the markers of New Hope Creek in a westerly direction to the point of the beginning containing 2.58 1/2 acres more or less, and being a portion of the land inherited by Marvin Cole Patterson from hereafter, the late Josan W. Cole and being a part of what was known as the Isaac Craig place. TRACT # 728426 BEING all of Lot 5, NEW HOPE OLD FARM, Section III, as surveyed and platted by Bob G. Roberts, Sr. , R.L.S. , recorded in Plat Book 37, Page 62, Orange County Registry, and containing 10.001 acres, more or less. • sassor • 24 • , . ,v • <lb, 4 Li!.. Si 2T 1SS REEIVEO 1, 18 January 1989 144stioW'' Orange County Planning Department 306P Revere Road Hillsborough, N. C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell: This letter is a verification of knowledge. We acknowledge that our property, Tax Map 2-21 Tract # 726610 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, 14-IGHAM LAND COMPANY, dett Diane McGee • cc: Pile • • 25 NJ L.L-CD I—- "1".M It C CD NI I:m.4k NJ Ne - 4.400--AIIMPA-"..ta. A Subsidiary of Koppers Company,Inc. Mgt° *ra Willoympum gfIN P. 0: BOX 1131 DURtiAM, N. C. U. S. A. 27702 4,0 wow OD *0A OFFICE TEL:(919)6924191•TELEX:574446 , AC I rtirr 18 January 1989 lb 44, j ... ii. mir it* ir , t Orange County Planning Department y '- Af 306F Revere Road IP ' •it -0- Hillsborough, N. C. 27278 7, II -,... •,,,- ■■• v .). Attn: Eugene Bell 444/A*0 Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell: This letter is a verification of knowledge. We acknowledge that our property, Tax Hap 9-1D . Tract * 726628 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, NEL • L. 'PEER COHPINY f m61140•••4 S /e• ;41 - es R. H. Sprink dperations Manager cc: File . . . FOUNDED 1909 WarigrdMgift "x°-- 26 18 January 1989 Orange County Planning Department 306r Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-12 Tract # 728591 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, John C. Blackwood kdAet.n1 5 ,721,4,1-ws-Th William S. Nunn 27 9 February 1989 Orange County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-12D Tract # 723570 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, R. Nowell Creadick 28 18 January 1989 orange county Planning Department •306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment I-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-11 Tract # 728493 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, itv-indueJ. gateek. Samuel J. Blackw od G% John C. Blackwood /6141;t Robert C. Blackwood . . 9(1 18 January 1989 Orange County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-11B Tract # 728162 is part of an area included in an application to amend the joint land use plan. of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, C--aee-Ztr-r-eX Robe C. Blackwood A(12.40d4:,-,Q Cara Blackwood 30 18 January 1989 Orange County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-12G Parcel # 724182 Tax Map 9-12E Parcel # 724179 Tax Map 9-12C Parcel # 724178 Tax Map 9-12F Parcel # 724180 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, John C. Blackwood • , •, 31 18 January 1989 Orange County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9-12 B Tract # 730512 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, I 'Ifte.:/td,A1117101111P'' -arbara H. Tapp / 32 18 January 1989 Orange County Planning Department • 306i" Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 9 - 13 Tract # 730510 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, (71(HomerR. T/pp / ir Margaret C. Tapp P2a744/6 C Jel-A41 33 18 January 1989 Orange County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 14-1A Tract # 728421 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, 1 ' 'J 4 . r Ca on --11, 40( 34 18 January 1989 • Orange County Planning Department 3061 Revere Road • Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. we acknowledge that our property, Tax Map 14-1B Tract It 728424 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, --/%"-/4)-4-1-5-7717"--;e1) Marga ei Anne Tapp . , 3% 18 January 1989 Orange County Planning Department 308F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 14-1C Tract # 725001 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, /Caltatpe-) mes Neal Tapp 36 18 January 1989 Ora}ige County Planning Department 306F Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 14 - 1D Tract # 725002 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, Homer Andrew Tapp II J 0" 7,4441.717,1., 37 18 January 1989 Orange County Planning Department • 306' Revere Road Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road Dear Mr. Bell, This letter is a verification of knowledge. We acknowledge that our property, Tax Map 14 - 1 Tract # 727887 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, Homer R. Tap • Margaret C. Tapp Inati.Wak 611•-1.474t/ r-- 33 18 January 1989 • Orange County Planning Department 306 Revere Road • Hillsborough, N.C. 27278 Attn: Eugene Bell Re : Land Use Plan Amendment 1-40 & New Hope Church Road tf • (IL Dear Mr. Bell, t• This letter is a verification of knowledge. We acknowledge that our property, • Tax Map 14-1E Tract # 728426 is part of an area included in an application to amend the joint land use plan of Orange County. By this letter we authorize Envirotek, Inc. to act on our behalf as agent for the preparation and filing of this application. Sincerely, 39 M E M O R A N D U M TO: ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN ORANGE COUNTY PLANNING BOARD ORANGE COUNTY MANAGER CHAPEL HILL TOWN MANAGER CARRBORO TOWN MANAGER FROM: ORANGE COUNTY PLANNING STAFF TOWN OF CHAPEL HILL PLANNING STAFF TOWN OF CARRBORO PLANNING STAFF RE: LUP-4-89, ENVIROTEK, INCORPORATED DATE: MARCH 30, 1989 mom DESCRIPTION. The property in question is located in Chapel Hill Township along the western side of Interstate 40, both north and south of its interchange with New Hope Church Road. The total proposal consists of 424 acres and 18 lots of land on Chapel Hill Township Tax Maps 2, 9, and 14. This proposed amendment is divided into two requested classification changes. First, the proposal calls for 159 acres located near the I-40 interchange with New Hope Church Road to be redesignated from its current classification of Rural Buffer. The proposed land use designation for these . 159 acres is County Commercial Transition Activity Node. ' s a request for 265 acres also contain The proposed amendment a1 �! located north of New Hope Church Road. This area is proposed for redesignation from its current Rural Buffer classification to Agricultural Residential. This proposal falls within the jurisdiction of the Joint Planning Area for Orange County, Chapel Hill and Carrboro. Accordingly, all of these 424 acres are currently designated and zoned Rural Buffer in the Joint Land Use Plan. 1. 40 APPLICATION REQUIREMENTS, Application requirements for an amendment to the Orange County Comprehensive Plan are contained in Articles 2 and 20 of the Orange County Zoning Ordinance. Although this proposed amendment is to the Joint Planning Area Land Use Platen•, it falls within the Rural Buffer area in which Orange County Zoning and Plan Regulations are in effect. Listed below are the application requirements, with analysis of information supplied by the applicant (shown in bold) . 1. 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 or areas of the County; The applicant cites the completion of the Interstate 40 corridor as "probably the single major change in the county that would make this proposed plan change necessary." Applicant further states that "the increased number of single-family residences on two-acre lots will give a need for service facilities that are locally available without driving great distances." These changing conditions cited appear to apply to the proposed Commercial Transition Activity Node only. It should be noted here that the Interstate 40 corridor completion was foreseen by the Joint Planning Area Land Use Plan. Planning by Orange County, Chapel Sill and Carrboro was cognizant of this fact, and the Joint Land Use , Plan actually is formulated with the into the 40 factor or inc a rated in to 4 a Interstate body of the plan. Growth and changing conditions resulting from the completion of I- 40 were anticipated in the Joint Planning Area Land Use Plan. In the Plan, the Interstate is referred to as a 'growth shaper' , and the plan states that "the combination of 1-40 at our doorstep and job growth in the ATP is a powerful one. We can expect intense pressure for development in the 1-40 corridor, particularly at interchanges". b. To correct an error or omission in the Comprehensive Plan; No error or omission in the Comprehensive Plan has been cited. 2 41 c. In response to a change in policies, objectives, principles or standards governing the physical development of the County. No change in policies, objectives, principles or standards has been cited. 2. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modifications of policies, objectives, principles or standards; The applicant states here that "Ho change in policies has been made in the initial plan this request is based on changing conditions only." The proposed change to the Joint Planning Land Use Plan, however, would appear to represent a significant deviation from the expressed objectives and policies contained in the Plan. The JPA Plan states on page 52 that "Rural lands currently existing between the Chapel Hill/Carrboro Urban Area and Hillsborough (rural buffer) should be preserved". Page 57 of the document further asserts that "The Rural Buffer is land adjacent to urban and/or transition areas which is rural in character and should remain rural, contain very low density residential uses, and not require urban services during the plan period". Similar language is contained on page 71 and at other points throughout the Plan. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or This request would create a new activity node at the New Hope Church Road and Interstate 40 • interchange. This node would not be expansion of any existing nodes, as there are no such nodes in the Rural Buffer at all. The proposed amendment is therefore, a principal amendment to the JPA Plan. c. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres in land area. 3. III o 42 The proposed amendment would also create two new freestanding plan areas in a County Commercial Transition Activity Node (159 acres) and an Agricultural Residential area (265 acres) . It therefore qualifies as a principal amendment under this provision also. 3. 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 amendment, and a legal description of the land; The applicant has submitted this information. b. The manner in which the proposed amendment will carry out the intent and purpose of the adopted Comprehensive Plan. The applicant does not cite a method in which this request will carry out the intent and purpose of the TPA Plan. Applicant rather bases this request solely on the "changing conditions" criterion aforementioned. COMPARISON WITS LOCATION STANDARDS In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for compatibility with the applicable Locational Criteria in Section 3.4 of the Land Use Element of. the Comprehensive Plan. In the table below, COMPLIES means that the area being evaluated is compatible with the locational criterion. DOES NOT COMPLY means that it is not. Additional explanation is provided where the response is not clear-cut. Since this proposed amendment requests two land use 'designations that have differing criteria, the criteria for the proposed Commercial Transition Activity Node is assessed first, followed by the assessment of the proposed Agricultural Residential area. COMMERCIAL TRANSITION ACTIVITY NODE SLOPE. (Located on land with less than 15% slope) COMPLIES., Topographic mapping of the area indicates that there are areas of moderate to steep slope on the property, generally nearest the interstate corridor. It appears that, ;despite the presence of some steep slopes, there is not sufficient slope to inhibit environmentally-sensitive 4 • ' 43 development. HYDROLOGY. (Located outside designated 100-year flood prone area as defined by Corps of Engineers) COMPLIES. There are areas south of New Hope Church Road along New Hope Creek that contain 100-year floodplain. New Hope Creek flows southward across the proposed node, and the floodplain is found here largely on the western fringe of the property in question. The floodplain is located on the outer fringe of the proposed node, however, and does not appear to be of sufficient nature to inhibit development on the vast majority of the site. FLORA AND FAUNA. (Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the State or Federal government) DOES NOT COMPLY. There are two documented natural sites from the Inventory of Natural Areas and Wildlife Habitats of Orange County in close proximity to the area in question. The first, Camp Pipsissewa, is significant for both the existence of its hardwood forest and two rare plant and animal species. The camp is also recognized for its existing recreational facilities and nature trail system. The threat status for this site is listed in the Inventory as extreme. The second site is Currie Hill, which is located north and west of Camp Pipsissewa. This hill adjoins the proposed Agricultural/Residential Area, but is also in some proximity to the proposed node. This hill has an unusual conical rock formation of diabase. Upwardly-formed diabase knobs are very rare in this area - the best-known examples nationally being Big and Little Roundtop of Battle of Gettysburg fame in Pennsylvania. This site is of great geologic interest, as well as containing unusual and rare vegetation as well. SOIL CONDITIONS. (Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load-bearing capacity for future development) . COMPLIES., The predominant soil types are Georgeville, Enon and Chewacla soils. The Enon soils are generally unsuitable for septic tank facilities, as are the wetland Chewacla soils. However, the more moderate Georgeville soils are the predominant class on this site and do not pose problems for development. PUBLIC SERVICES/FACILITIES. (Located in areas which are or could be reasonably and efficiently served by centralized public services and utilities) . DOES NOT COMPLY. Given the lack of future service providers, it does not appear likely that water and sewer service will be available to this area. The property lies in the New Hope Creak drainage basin, which drains east and south into the Jordan Lake basin. Therefore, it appears the I y ' 44 most likely utility provider would be OWASA from the Chapel Hill/Carrboro area. OWASA however, has indicated that their future service area will not extend into this basin. This site is in the upper reaches of the New Hope Creek basin, and extension of lines would require OWASA to reverse its stated position and extend services over three miles to the north of their current service boundaries. Property developed at the densities this plan designation could permit would also impact the New Hope Volunteer Fire Department and.the Orange County Sheriff's Department significantly. Effective service for any major development by centralized current facilities would be difficult. TRANSPORTATION SYSTEM. (Focused on the intersection of arterial and/or collector highways and extending 0.5 miles beyond such intersections or within one mile of an interstate interchange) . COMPLIES. This site has excellent access, as it is located at an interstate interchange and thereby complies with this requirement. Furthermore, New Hope Church Road is shown as a collector road on the Land Use Element of the Orange County Comprehensive Plan. ENERGY USE. (Located less than 10-minutes commuting time ,from an urban area) . COMPLIES. The site is located five minutes away from the Chapel Hill urban area, and approximately eight minutes from the major urban area at the US 15/501/1-40 interchange in Durham County. It is also five minutes from the Hillsborough urban area. EXISTING LAND USE. (Located within identified Ten or Twenty Year Transition Areas) . DOES az COMPLY. There is no such designated Transition area in this vicinity. This site lies between the transition areas for Chapel Hill and Hillsborough. The site is located within the Rural Buffer, which is designed to preserve rural character and prevent the Chapel Hill and Hillsborough Urban Areas from growing together. AGRICULTURE AHD FORESTRY. (Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land) . DOES, mit CO ru, Thera are agricultural uses in this vicinity at present, and on the southernmost boundary of the site lies the Duke Forest, Blackwood Division with its managed forest land. Both of these uses are in close proximity to the site, and would likely be impacted by development on the proposed activity node that is adjacent. POPULATION DENSITY. (Located in areas with moderate to high population density) . pOES NOT COMPLY. The area surrounding the 1-40/thew Hope 6 45 Church Road interchange is quite rural in nature, with a low population density. There are no areas of moderate or high population density in this vicinity, nor does the Joint Land Use Plan project any such areas. The Rural Buffer designation has a minimum lot size of two acres for residential purposes. HISTORIC AND CULTURAL. (Located away from areas where development would have a detrimental impact on State or Federally-acknowledged historic or cultural sites, or County- identified Public Interest Areas. ) DQES NOT somuz. There is an identified historic structure, the Blackwood house, located on the northern side of the property that would be impacted by any future development. Also, Camp Pipsissewa to the west and Duke Forest to the south are designated County Public Interest Areas that are adjacent properties. The following section analyzes the Agricultural/Residential portion of the property against locational criteria, again with an assessment of how the area complies. AGRICULTURAL-RESIDENTIAL ARRA SLOPE. (Not evaluated) HYDROLOGY. (Not evaluated) FLORA AND FAUNA. (Not evaluated) SOIL CONDITIONS. (Located in areas where general soil conditions are good for agricultural production) C9NPLIES. The main soil groups found on the proposed Agricultural/Residential site are Enon, Chewacla and Georgeville soils. The Georgeville and Enon soils tend to be productive tobacco soils, while the Chewacla is less productive. For crops such as soybeans and oats, however, the relationship is very similar among all three groups. . PUBLIC SERVICES/FACILITIES. (Located in areas where urban- type services, especially water and sewer lines, are not needed and should be discouraged) . QUESTIONABLE. On the face of this criterion, it appears this area complies since water and sewer services are not proposed to be extended into the Rural Buffer. However, this • is contradictory to the Commercial Transition Activity Node that is proposed for the rest of the property in question. One of the basic tenets of designating such a node is that water and sewer services be available. The proposed node, if designated, should receive water and sewer services and would thereby introduce services into the area. Thus, while the criterion is technically met, the amendment as a whole would not be complied with. Since both proposed designations are • I 46 ` k part of one amendment request, they are evaluated as such. TRANSPORTATION SYSTEM. (Not evaluated) ENERGY USE. (Not evaluated) EXISTING LAND USE. (Located in areas where the prevailing activity is agriculture or forestry and which is outside of non-farm clusters of population) . QUESTIONABLE., Similar to the case under Public Services, this property is consistent if considered in its current' state, but inconsistent when considered with the remainder of this proposed amendment. Currently, the predominant land use in this area is agricultural, but with significant residential use. However, this amendment also calls for a Commercial Transition Activity Node which, if approved, would introduce densities that would not meet this criterion. The introduction of a node and transition area is designed for higher intensity non-residential development and higher- density residential development. If this were to occur, the amendment area as a whole would no longer be primarily agricultural, and might not be located away from residential areas. Since both proposed designations are part of one amendment request, they are evaluated as such. AGRICULTURE MID FORESTRY. (See existing land uses) OUESTIONABLE. There are no areas of actively managed forest land on or around this property. As in the previous section, the same argument can be made that the proposed node will make it impossible for the. Agricultural/Residential area to meet requirements. POPULATION DENSITY. (Located in areas of very low population density which is dispersed in a manner typical of agriculturally-productive areas) . OUESTIONABLE. Once again, this criterion is met if there is no proposed aodeuction of this node as bypt However, the introd the applicant will change the character of the area and. potentially increase the population density. Since both proposed designations are part of one amendment request, they are evaluated as s uch. HISTORIC AND CULTURAL. (Located away from areas where development would have a detrimental impact on State or Federally-acknowledged historic or cultural sites, or County- identified Public Interest Areas. ) OUESTIONABLE. There is an identified historic structure located near the property that could be impacted by this proposal. Also, Camp Pipsissewa to the southwest and Duke Forest to the south are designated County Public Interest Areas. 8 . 47 COMPATIBILITY OF AMENDMENT WITH EXISTING JPA POLICY, The applicant has indicated that the amendment is not in response to a change in policies, objectives, principles, or standards governing the physical development of the County. It is therefore appropriate to analyze the amendment within the framework of the Operating Principles of the Joint Planning Area Land Use Plan. These policy statements are listed on pages 52 and 53 of the Plan. As with the location standards analysis, COMPLIES means that the area being evaluated is compatible with the policy or policies. DOES NOT COMPLY means it is not. Additional explanation is provided where the response is not clear cut. OPEN SPACE 1) The existing open space system in Chapel Hill Township, which includes Duke Forest Lands, the UNC buffer around University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest land, should be protected from intrusion by incompatible land uses. (OC) QUESTIONABLE. The proposed Commercial Activity Transition Node is bordered on the south by a Duke Forest tract. UNIVERSITY LAKE WATERSHED 1) University Lake water supply watershed should be developed in a manner which will protect the quality of the water supply. very low density residential, low intensity commercial, and agricultural land uses are appropriate in this area. (OC) 2) The University Lake Watershed should be protected for reasons of water quality; development should occur only at low densities, and water and sewer lines should not be extended into this watershed. (CH) QUESTIONABLS. On its face, the policies are not applicable because the property is in the New Hope Creek watershed. The presence of a transition activity node in the Rural Buffer, however, with its potential for water and sewer extension, will likely place increased development pressure on other portions of the Rural Buffer, including the University Lake Watershed. HIGHER INTENSITY USES/TRANSITION AREAS 1) The more intensive uses are most appropriately located 9 . 48 within the Towns and then the areas adjacent to the Towns likely to become urban. (0C) 2) A transition area should be designated, between existing developed areas and the rural buffer, as a target for new development to occur. (CH) DOES NOT COMPLY. The amendment is incompatible with these policies. The property designated for a transition activity node, with a potential for intensive commercial uses, is neither within nor adjacent to the Towns. RURAL AREAS 1) The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. (0C) 2) Rural lands currently existing between the Chapel Hill/Carrboro urban area and Hillsborough should be preserved. DOES ROT CO1LY. The amendment can be considered incompatible with these policies. It is questionable whether rural character can be maintained with the existence of a • transition activity node. URBAN FORM 1) A compact form of development should be achieved avoiding urban sprawl. (0C) DOSS NOT COMPLY. The amendment can be considered incompatible with this policy. It is unlikely that urban sprawl can be avoided, given the location of the properties and the zoning and uses that would be allowed under the associated land use plan category (Agricultural Residential and Commercial Transition Activity Node) . 2) The urbanizing areas of the Towns are the major growth centers of the Township. . . (CH) DOES Nalt COMPLY., The presence of a transition activity node in the Rural Buffer would create an urbanizing area outside of the Towns and existing Urban Service Area. UTILITY EXTENSION 1) The timing of utility extensions and the pace of growth should be coordinated. (CH) lo• • 49 2) Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (CH) DOES NOT COMPLY. The proposed transition node, which is characterized in the Land Use Element of the Orange County Comprehensive Plan as an area that will receive public services within a 10 or 20 year horizon, is outside the current Chapel Hill/Carrboro Urban Services Area. ALLOCATION OF GROWTH 1) Areas where public facilities and services are available should be developed before such areas where services are not yet available. (CH) DOES NOT COMPLY.. Public services are currently not available to this area. 2) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. (OC) Not applicable. The property in question is in Chapel Hill Township. 3) The area north of Town is assumed to be the most suitable for absorbing spillover because of transportation access, the large efficiently sewerable area below the Morgan Creek-New Hope divide, and existing growth patterns. (OC) QUESTIONABLE. While the properties in question have arterial/collector road access, they are above the Morgan Creek-New Hope Creek divide. 4) The Southern Triangle area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. (OC) Not applicable. The properties are not in Southern Triangle. 5) Duke Forest tracts will not be developed over the period 1980-2000. (0C) Not applicable. Duke Forest tracts are not involved. AGENCY COMMENTS No agency comments have been received to date. 11 50 RECOMMENDATION This proposed amendment has many inherent conflicts with the JPA Land Use Plan, as well as some conflicts within itself. The amendment is not found to be consistent with the Joint Planning Area Land Use Plan, fails on many of the evaluated criteria, and goes against the policies and objectives of the Plan. The applicant does not wish to seek a change in the policies or objectives of the JPA Plan, as stated in the application letter. Therefore, the proposed amendment does not seek a change in policy, and accordingly fails the existing tests for compliance. Given these factors, the proposed amendment receives a . unanimous unfavorable recommendation from the planning staffs of Orange County, Chapel Hill and Carrboro. The sole basis for this proposed amendment is stated to be the growth factor of the Interstate 40 corridor. However, this assertion is not valid on its own since the ,TPA plan was designed with this growth factor in mind, and made a conscious attempt to encourage urban growth to occur in the urban areas that existed for Chapel Hill and Carrboro - while discouraging urban growth in the Rural Buffer. A good example of the intent of the JPA Plan can be found in the node that was originally proposed for this interchange in 1986. After discussion, it was determined that a node at New Bethel Church Road, while being at an interstate interchange, would be detrimental to the cause of preserving the Rural Buffer. It should be further• noted that not every interstate interchange is automatically a node .of commercial enterprise. This interchange happens to fall between the . nodal interchanges in Chapel Hill and Hillsborough's service area. This property at New Hope Church Rood is, as stated in the Energy Use criterion above, within close proximity to several areas where both small-scale and large-scale commercial uses are currently present. The development of yet another commercial node at this interchange does not appear to be necessary to serve either the existing or future • land uses. The proposed Agricultural-Residential area also is inconsistent, as it is incompatible with the adjacent land proposed for Commercial Transition Activity Node. The applicant gives as justification for this amendment the statement that a need for locally-available service facilities does and will exist as a result of increased two- acre residential lots. While this could be viewed as a sufficient basis for the proposed Commercial Transition Activity Node, the applicant fails to show a "changed Condition" that is required to justify the proposed Agricultural-Residential Area. The.proposed Agricultural- , 12 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD J it HILLSBOROUGH, NORTH CAROLINA 27278 • _ . Dear Property Owner: A public hearing will be held on Thursday,April 6, .1989 at 7:30 p.m. at Phillips Junior High School on Estes Drive in Chapel Hill. This public hearing is being held to consider five items relating to the Orange, County/Chapel Hill/Carrboro Joint Planning Land, Use Plan.,The Joint Planningg Area is located north and west of the Chapel Hill/Carrboro corporate limits, and the Joint Land j Plan requires public hearing before the Orange County Board of Commissioners, the Chapel Hill Town Council, the Carrboro Town Council and the Orange County Planning Board. The items to be considered at this public hearing are summarized below. Your property has been identified as being within 500 feet of one s[gag Areasm Areas, shown. below, JOINT PLANNING AREA LAND USE PLAN AMENDMENTS There are three proposed amendments to the Joint Planning Land v.se Plan; Amendments to the Land Use Plan do not automatically change the zoning of property, but do open the door for different zones to be requested and applied in the future. 1. A proposal has been received by Envirotek, Inc. of Raleigh N.C. to redesignate 424.4 acres of land located in Chapel Hill Township on the western half of the Interstate 40 interchange with New Hope Church Road (please see site #1 on attached map). This proposal would create a new Commercial Transition Activity Node on 159 acres of land, and would also change the land use designation on 265 acres to Agricultural- Residential. Currently, the Joint Land Use Plan classifies both these areas as Rural Buffer. The proposed amendment would permit zoning changes that could allow non- residential land uses and higher residential densities. Currently, the Rural Buffer designation allows only residential uses with a minimum lot size of two acres, and certain non-residential uses. 2. A proposal has been received by Cazwell, Inc. to redesignate 1.45 acres of land in Chapel Hill Township on the Durham/Orange County line, located on the east side of Kerley Road (please see site #2 on attached map). This land is.a small part of the tract that now contains the 24-acre Montvale subdivision - which has an average lot size of 30,000 square feet and lies mainly in Durham County. The portion of the subdivision in Durham County has sewer service from the City of Durham. This amendment would redesignate the 1.45 acres in Orange County to Ten Year Transition from its current designation of Rural Buffer. Under the current Rural Buffer designation, lots must be at least two acres in The Ten Year Transition designation that is proposed would allow the portion in Orange County to be consistent with that in Durham County. 3. The Town of Carrboro has requested that the Joint Land Use Plan be amended to delete a 400-foot buffer located between the "Carrboro Transition Area II", as defined in the Plan, and the Blackwood Division of Duke Forest (please see site #3,4 on attached map). Currently, this strip of land is designated and zoned as Rural Buffer. The Town of Carrboro is requesting that the 400-foot buffer be removed and that the land be redesignated as -Carrboro Transition Area II", consistent with the adjacent land to ) L Residential Area will not provide a solution to the aforementioned service need, and is not justified elsewhere as required under Article 2.2.14(a) of the Orange County Comprehensive Plan. • Furthermore, there are •currently no areas designated Agricultural-Residential within the Rural Buffer. At this time, the Agricultural-Residential zoning district is one of the permitted zones within the Rural Buffer. A previous proposal that would make Rural Buffer the only zone permitted in the Rural Buffer plan designation is before the Board of County Commissioners for review at this time. she introduction of the proposed node on adjacent property would make the Agricultural-Residential designation difficult to justify, since the node would bring densities, land use intensities and the potential for utility services - things that are contradictory ,to the requirements that an Agricultural-Residential classification would need to comply with. • It is also apparent that this Agricultural-Residential area, considered by itself, would still not carry out the intent and purpose of the plan. Such a designation could permit land • uses whose intensity could be higher than those proscribed by the Joint Planning Area Land Use Plan. An Agricultural- Residential designation would further compromise the consistency of the Rural Buffer as it is currently applied, • Since this would be the only property throughout the Joint Planning Area between the Towns that is not designated Rural Buffer. For example, the Agricultural-Residential Area, if approved, would be the only spot in the Rural Buffer where a residential density of one unit/acre could be applied instead of the current one unit/two acres. The proposed designation would create a spot designation that was not the intent of . the JPA Plan, and could create a precedent for other such cases throughout the Rural Buffer that would ultimately defeat the purpose of the buff e r altogether. ther. To summarize, the proposed amendment fails to qualify under the criteria set out under the Plan, does not carry out the • intent and purpose of the Plan, and would by its very nature create a significant policy shift away from the stated objectives of the plan. • • • • 13' • the south. This change is proposed to alleviate the problem of tracts split into two 5;3 jurisdictions and two land use classes by the 400-foot buffer. JOINT PLANNING AREA REZONINGS • There are also two proposed rezonings to be considered at this public hearing. These rezonings are for land that is already consistent with the Joint Land Use Plan, or for property that is currently under review for possible change in designation. 4. The Town of Carrboro has requested that the zoning designation of Rural Buffer currently applied to the aforementioned 400-foot buffer strip south of Duke Forest be changed to Carrboro Rural Residential (RR), pending the land use plan amendment request in item 3 above. If the plan amendment (as defined above) is approved, Carrboro zoning would need to be implemented on the 400-foot buffer strip south of Duke Forest. The Town of Carrboro has requested that their RR zoning be so placed, since it is consistent with the land located south of the current 400-foot buffer. 5. The Town of Chapel Hill is requesting that a zoning change be, approved for a 178-acre tract located south of Eubanks Road and known as the "Green tract" in the Joint Land 1.151 Plan area (please see site #5 on the attached map). This property is currently zoned R.1 by Orange County, but is located in the Town of Chapel Hill Transition Area. Under the terms of the Joint Planning Agreement, this property would be assigned a Chapel Hill zoning category. The Chapel Hill Town Council has adopted a resolution calling for this property to be zoned Rural Transition (RT). This district is designed for land used for agricultural, low-intensity residential or open space uses, but ■ which is projected in the Town's Comprehensive Plan for conversion to more intense urban uses when services are needed and available. Following this public hearing, these items will be reviewed for recommendation by each of the Joint Planning Area authorities. Action will be taken by one, or all, of the three governing bodies - as provided in the Joint Planning Agrreemenl. . Questions or comments may be directed to any of the three Planning Departments, as shown below: i The Orange County Planning Department is located in the Orange County Agricultural and Environmental Center at 306-F Revere Road in Hillsborough. Office hours are from 8:00 a.m. to 5:00 p.m., Monday-Friday. You may also call 732-8181 (Hillsborough), 688.7331 (Durham) or 967-9251 (Chapel Hill). Please ask for Extension 565 or 566. You will be directed to a staff person who will answer your question. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, in Chapel Hill. Office hours are from 8:30 a.m. to 5:00 p.m., Monday-Friday. You may also call the department at 968.2728. i The Town of Carrboro Planning Department is located in the Carrboro Town Hall at 301 West Main Street in Carrboro. Office hours are from 8:30 a.m. to 5:00 p.m. You may also call 968.7714. 1 Marvin Collins Orange County Planning Director • ( 54 Z Gl) . 0 ..... 3.4 ... M tk / - . ) -'-...--- loonean 0 0 r .-vio 43-st .. II Maldi N.X ,.. A z ,x) •.4 0 3k " I'M co '.....• - fen sloasa av i I-4 $.1 :11 ..el 1.4. to z •... • 2 z ..-1'. ;(4 _,p , •....• . -^Q4 IIIIE- ...., . gliteler er 4/008 400 VIM C ..... ', N N....rdi . $44 41 ■-•4 MI - -.. . • = ..... a, .,...4 -•-. .:'•.'-': ___ 4. 41 X Mg is SKIM 49. • ' ' ' • C..) • $01 :4 0 • H Crt 0 0 C.) ;••I . 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' Igf 0•••• *•,,„. • .s014° C , ,,,.........../ . • g: \‘‘■ ..4 '02i ).0401 ,,,, .. ... \ .., 4,,,,-... ....................................... .....m . . 711 ) --- Taken from Joint Planning Area Land Use Plan • 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 of the extra-territorial planning Jurisdiction of the two towns. At the same time, Chapel Hill was also in the process of revising its 1977 Land Use Plan. These 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 Idata 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 I Agreement, Carrboro was also updating its Land Use Plan. participated In the preparation of this Land Use Plan. It also illIn 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 meeting was structured around four major headings: Natural Environment ▪ Infrastructure and Public Services - Sociological Characteristics • Joint Planning Operating Principles The results of the meeting•. coupled with the background data and public hearings in January and April 1986 were merged to ill Planning Area Land Use Plan, recommended by the ChapelrHilleTowneCouncil 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 IOrange County Board of County Commissioners and Chapel Hill Town Council . on October 13, 1986. • I I I I • U • I • • • 56 SUMMARY OF INFORMATION ON JOINT PLANNING DESCRIPTION OF THE JOINT PLANNING AGREEMENT The Joint Planning Area is an area outside the extraterritorial planning jurisdictions of the Towns of Chapel Hill and Carrboro, but within the Joint Planning Area boundary as shown on the Orange County map entitled "Land Use Plan." The current Joint Planning Agreement Is a formal agreement between Orange County and Chapel Hill and Includes the following provisions: • ( 1 ) jnittai use of Orange County Lan.d Use Plan and development standards_ The Orange County Land Use Plan, zoning ordinance, and subdivision ordinance shall remain in effect in the entire Joint Planning Area until amended as described in the agreement. . (2) Cooperative development of k Ind use pJpp and zoning map . Orange County and Chapel HiII shall develop a land use plan and zoning map to be - applicable In the ten and twenty year transition zones shown on the County Land Use Plan map. (3) Adpptjpn_of pey flevejppment standards In the transition preps... Upon completion of the land use plan and zoning map. Orange County Is to adopt, on the Chapel Hillside of the Joint Planning Area located within the ten and twenty year transition zones. that portion of the land use plan, zoning map and development standards of the Chapel Hill development ordinance which shall be applicable to the Chapel Hill side. • (4) Qther_nrovisrons_of_ the agreement. There will be a courtesy review process In the rural buffer zones of the Joint Planning Area and in the extraterritorial zoning jurisdiction of the Town. Other portions ' , of the agreement address such things as the administration of the agreement, including the handling of development proposals in the ten and twenty year transition zones, and the procedure for amending the agreement. For example, the agreement specifies a joint approval process for development proposals in the transition zones which means that both the County Commissioners and the Town Council must approve or deny projects In those transition areas. Though not a formal party to the Joint Planning .Agreement, the Town of Carrboro expressed its desire to be involved In the preparation of the Land Use Plan and Zoning Map. The Town also expressed an interest In becoming a party to the agreement upon adoption of the Land Use Plan, Zoning Map and development standards. J On the following pages more details are given about each of the first three provisions of the agreement as specified above. ORANGE COUNTY LAND USE PLAN AND DEVELOPMENT STANDARDS • including Chapel Hill Orange County contains seven townships,Township which lies in the southeastern portion of the county. Both ChaPel Hill and Carrboro lie in Chapel Hill Township and the township • • • 2 57 II; around the end of 1982. Altogether during the early 1980's. apprel1H111 !y These rerelgenerallyslocnted as follows:for construction in owS Chap - 1000 in the central part of Town illi - 1000 east of 15-501 - 1000 south of NC 54 bypass - 3000 north I! Clearly, the direction of growth is currently to the north. Areas along Weaver Dairy Road that were once considered "country" are now fully developed at urban Intensities. . . I! Growth Shapers, I! There are a number of developments underway or on the horizon that will i have a major impact on growth trends. lh : Job growth in the Park has been spectacular, !� and it should continue. Many recent announcements of plant openings or expansions Include phased expansion plans, adding thousands of new jobs 1 0 over the next several years. Interstpte 40.: 1-40. 1s expected to be complete from Research Triangle - Park to the Orange/Durham County line (at 15-501 ) by June, 1987. The segment of 1-40 between 15-501 and NC 86 should be complete by the end of 1987, and the last segment (up to 1-85) ready shortly thereafter. The combination of 1-40 at our doorstep and Job growth In RTP is a powerful one. We can expect intense pressure for development in the I- 40 corridor. particularly at interchanges. Durham-Chapel Hill Convergence: The existing undeveloped and underdeveloped areas between Chapel Hill and the City of Durham are not likely to remain In their present state. Durham is growing In all directions and Chapel Hill Is growing to the east, north, and south. The two municipalities will eventually share a common border. pprrboro Growth: Development activity In Carrboro Is also accelerating, 1 with encouragement. Carrboro cannot grow much further west. because of University Lake Watershed. Its growth will be north and south. abDtham County Urbanization,: Subdivisions containing single family houses and duplexes have been developed In northern Chatham County, and a major retirement community has been planned on the. Orange/Chatham I line. We can expect .to see increased development activity in northern . • Chatham, especlaily-• resldentlal development with a Chapel Hill/Carrboro orientation. - puke Forest: At present. growth to the north of Chapel Hill and Carrboro faces an eventual barrier-3600 acres of Duke Forest' land .For These major tracts represent both an opportunity and' a threat. l supporters of the concept of a "rural buffer" around Chapel Hill/Carrboro, Duke. Forest. presents an opportunity to be the core of such a buffer, a physical Ilmit to growth: the threat is that the I property will not remain in its present ownership. For those favoring 50 I 5 10 amm_Eura . IP The existing open space system in Chapel Hill Township. which Includes Duke Forest Lands. the UNC buffer around University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest land . should IP be protected from Intrusion by incompatible land uses. (OC) University Lake Watershed II University Lake water supply watershed should be developed In a manner which will protect the quality of the water supply. Very low density residential . low intensity commercial and agricultural land uses are appropriate in this area, (OC) The University Lake Watershed Area should be protected for reasons of water quality; development should occur only at low densities. and water and sewer lines should not be extended into this watershed. (CH) I NOTE:. The Town of Carrboro supports low-density development to the watershed but proposes that it be accomplished through cluster develop- ment served by central water and sewer. Higher IntensJty Usesllransltion Areas . The more intensive land uses are most appropriately located within the Towns and then within the areas adjacent to the Towns likely to become urban;. (OC) A transition area should be designated, between existing developed areas and the rural buffer, as a target area for new development to occur. I (CH) • Rural Areas The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. . (OC) Rural' lands currently existing between the Chapel Mili/Carrboro urban I area 'and Hillsborough (rural buffer) should be preserved. (CH) Qrbae Form I A compact form of development should be achieved avoiding urban sprawl . (CH) The .urbanizing areas of the Towns are the major growth centers In the Township. The " lnfill" of existing urban areas is the guiding principle ' upon which the Chapel Hill Township Plan is based.. " lnfill" development . of suitable vacant land within the Towns at existing or projected densities. as set forth In the Towns' 1977 Land Use Plans should be encouraged. (The Chapel Hill Township Land Use Plan will be based on . the .assumption that development at a level of 75% lnfill 'will occur during the period 1980-2000. The infill goal , however, will remain at 100% ' infill and all relevant policies will be directed toward achieving • a maximum inflll ) . (0C) 52 I . .. 59 il It is important to distinguish between the policy of infill development and the density at which that development takes place. A policy of infill development means that development should take place first within Ithe urban area where public services are available. rather than " leapfrogging" into rural areas, thereby consuming farmland and open space and making the extension of public services expensive or J Impossible. What is "filled In" depends on the land use plan and zoning ordinance, and it could include residential , commercial , Industrial . or recreational uses. The density of development also depends on the land use plan and zoning and each jurisdiction determines the densities ilallowed in its planning area. jjtj I Ity Extensions, The timing of utility extensions and the pace of growth should be coordinated. (CH) 11 Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (CH) I &[Jpcatlon of G owth Areas where public facilities and services are available should be ildeveloped before areas where such services are not yet available. (CH) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or In Bingham Township. In I other words, all "spillover" development will be absorbed within the boundaries of Chapel Hill Township. ("Spillover" development refers to that growth which overflows Into the land adjacent to the Towns ' current I planning jurisdiction boundaries after 75% of the suitable vacant land within the Towns , jurisdiction has been absorbed at densities set out in the Towns ' Land Use Plans) . (OC) jig The area north of the Town is assumed to be most suitable for absorbing "spillover" because of transportation access, the large efficiently severable area below the Morgan Creek-New Hope Creek divide, and Iexisting growth patterns. (0C) The "Southern Triangle" area will develop only after all the suitable 01 land south of and between the Duke Forest tracts has been developed . (0C) • 0 Duke Forest tracts will not be developed over the period 1980-2000. (OC) I - . . . . dil . ill • 53 . • il V 0 vl IFUTURE LAND USE - JOINT •PLANNING AREA • AIn this section. anticipated patterns of future land development are outlined for the Joint Planning Area, exclusive of Carrboro and I 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 I 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' ii at two public hearings, six public information meetings, and the recom- mendations of town and county advisory and governing boards were con- sidered in the formulation of the plan. The discussion of the Plan centers on four broad categories of land use - Residential , Commercial , ' ilIndustrial and Resource Conservation. Residential Land, IThree categories of residential land have been depicted on the Land Use Plan - Rural Residential , Suburban Residential and Urban iil Residential . The three categories are discussed below. • Rural Reside/dial, The first of the categories is Rural Residential , 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. •The Rural Puffer Icategory is described In the Plan as land adjacent to am Urban or Transition area which is rural •in character and which should remain rural , contain very low-density residential uses and not require urban ii, services (water and sewer) during the Plan period. The Town of Carr- boro, while supporting the concept of a Rural Buffer. has gone on record in favor of large tract cluster development as opposed to a two acre lot size restriction . AlAt the time of the second public hearing in April , the entire Bolin • Creek Basin was designated as transition area. • Plan revisions made Iiifollowing . the hearing resulted in a southward extension of the Rural Buffer into a sizable portion of the transition area. Three primary rea- sons are advanced for this redesignation: ' r ( 1 ) Protection of Duke Forest - The Duke Forest Manager requested that all lands bordering Duke Forest be given the lowest in- tensity uses possible to. lessen potential impacts. Suburban i Residential areas bordering Duke Forest were redesignated as Rural Residential . Al (2) Deletion of the Calvander Commercial/ Industrial Node- It was felt that deleting the sizable area designated for light manu- facturing, , retail., and Office/ institutional would, likewise III ., ' L -� ` 61 lessen the amount of land required for residential expansion. (3) Public Comments - At the public hearing and a subsequent pub- 1.Ic information meeting, a sizable contingent of Calvander and Homestead Road residents spoke strongly against "urbanization" in this area. The buffer was extended southward, in part, to reflect their concerns too. ' The Town of Carrboro has requested that this area be designated transition once again to recognize the fact that the entire basin could be served by gravity sewer. In this manner, future development at suburban densities of an easily severable area would not be precluded. To the north of Chapel Hill in the New Hope Creek drainage basin, 4 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 IIfor water supply and sewage disposal . i To the west of Carrboro, Rural Residential development is also pipexpected In University Lake Watershed. Adopted County policies prohibit . the extension of public water and sewer services into the watershed 16 except in emergency situations. For this reason, residential development will continue to rely on wells and septic tanks. Current County zoning regulations require a minimum lot size of two acres in designated Water 16 Quality Critical •Areas, while allowing a one-acre minimum lot size in other portions of the watershed. • 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 characterized by environmental constraints such as steep slopes, flood plains and soils with poor stability, so low-density development is jl projected. There are approximately 10,435 acres of land designated for Rural ill,.: 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 sub- tracted out for streets and roads, the holding capacity of the area in terms of dwellings ' is 4,435. If multiplied by the 1980 Census figure • for population per household (2.6) , the estimated population would be 11 ,531 . Suburban ReBntial . The second category of residential land is IIISuburban Residential and includes single-family homes, duplexes, , apartments, condominium and townhouse projects. Areas designated as Suburban Residential are located in the Transition areas where land is in the process of changing from rural to urban, suitable for urban-type Idensities and should be provided with public utilities and services. Housing densities in the Suburban Residential category would range from one to five units per acre. The Town of Carrboro has requested that j ill 79 . 62 • CARRBORO PLANNING BOARD RECOMMENDATION • MARCH 30, 1989 Envirotek Request to Amend the Joint Planning Area Land Use Plan by removing the Rural suffer designation from approximately 425 acres of land on the western side of the 1-40/New Hope Church Road Intersection, and that the area be redesignated Agricultural Residential and Commercial Transition Activity. Jim Manor moved to recommend that this request to amend the Joint Planning Area Land Use Plan be denied. seconded by: Susan Rodemeier vote: 5-0 • • • • • _ . ...„ _ t r ;+ ORANGE COUNTY r 6:3 BOARD OF COMMISSIONERS ,JOINT PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: April 6, 1989 Action Agenda Item #1)- 1-1* SUBJECT: LUP-5-89, CAD/ELL, INC. DEPARTMENT: Planning PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: -- Application Materials - Analysis of Proposed Amendment Marvin Collins, Extension 346 - Public Notice Gene Bell, Extension 565 - Agency comments David Stencil, Extension 566 - Applicable sections of Joint Planning Area Land Use Plan. - Carrboro Planning Board Recommendation of 3/30/89 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public input on a proposed amendment to the Joint Planning Area Land Use Plan for Orange County, Chapel Hill and Carrboro. BACKGROUND: This proposed amendment is submitted by Cazwell, Incorporated of Chapel Hill. The proposal requests a land use classification change for a portion of a parcel which is divided by the Orange County/Durham County line. The parcel is located on the east side of Kerley Road, and is further referenced as parcel 14 of Chapel Hill Township Tax Map 15. The total acreage of the parcel is 24 acres, with 22.5 acres lying in Durham County and 1.45 acres in Orange County (6%) . The portion of this tract in Orange County is designated Rural Buffer on the Joint Land Use Plan, and is zoned accordingly. The Durham portion of this tract now contains the Montvale subdivision, which features lot sizes of 30,000 square feet and City of Durham sewer (private wells are utilized as the water source) . There are several houses either built or under construction in this subdivision. The small section of this parcel in Orange County has not been subdivided,, since the Rural Buffer designation and zoning requires a minimum lot size of 64 two acres. The Durham subdivision plat shows that this Orange County portion would eventually be the rear and side yards for three lots which would have Durham County residences. The 1.45-acre section in Orange County would be undevelopable under any current Orange County ordinance requirements, due to setback constraints. The applicant is requesting that this 1.45-acre portion in Orange County be redesignated from its current Rural Buffer category to Ten Year Transition. This change would permit smaller lot sizes than the current two-acre minimum, and would enable the Orange portion of the tract to be subdivided in a manner consistent with the Durham County Montvale subdivision. Staff analysis of the proposed amendment is attached. This analysis was prepared in conjunction with the planning staffs of Orange County, Chapel Hill and Carrboro. RECOMMENDATION: The Orange County, Chapel Hill and Carrboro Planning • staffs recommend approval of the proposed amendment as shown in the attached analysis. 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 recommendation. A • proposed schedule for consideration is as follows: Chapel Hill Town Council April 24 • Carrboro Board of Aldermen April 25 • Orange County Planning Board May 15 Orange County Board of CommissionersJune 5 _ - I. ORANGE COUNTY PLANNING DEPARTMENT 65 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 leF October 19, 1988 Ms. Carol Ann Zinn Cazwell Development, Inc. 180 Providence Road Chapel Hill, NC 27514 Re: Comprehensive Plan Amendment CP-2-88 Dear Ms. Zinn: This is to acknowledge receipt of an application for a Comprehensive Plan amendment and a check for $127.25 from Cazwell Development. Because the subject property lies in the Joint Planning Area and is governed by the terms of an inter-local agreement between Orange County and the municipalities of Chapel Hill and Carrboro, it will be considered during a separate public hearing cycle rather than that of the regularly scheduled Orange County public hearing of November 28, 1988. The exact schedule for the Joint Planning public hearing has not yet been determined. Review by the appropriate agencies will begin as soon as the application is reviewed by the Orange County Planning Department for completeness and to determine if the application meets the requirements of the Orange County Zoning Ordinance. We will inform you of the schedule of actions for the next Joint Planning public hearing as soon as it is set. Please contact the Department if you have any questions. Sincerely, G ,- steL, Gene Bell Planner III cc: Marvin Collins, Planning Director 18. . RURAL a- , * ,_ 1 avow s. EIERGUAN / vaumi 0. „ism 5. .8. 1143-700 i 0.B. 1140-823 /1 BUF\FER a4/400 1_3,. EidAtS_ 0 8. 1 e- 1) 7 lEIV 1 1 1 / / , 1 12A1 ,0Novmmvol,- 359.22 227.00 sa „ ,.....,,,....,.....,..."•00..0." . , ', I., ‘%•.:.*:,.,,',.•.,,.;;;;•.„-,;-.:,,von.,..;::;:,..,..,..-....,y.:, #4;;;;;,!;,'S,C,f.',?4,':?1,**,*:;?,':::::::, 0 z 0 t.d to : 0.,407.0..: ',.. .......x,..,.0,..0...........x......,.....,:;..... u. I 03 . 0 :„....../............ ox.o..,..y..0,1., ... 30201s,f „y 31 **.t. • i ,c; " 4 P/ '',,: '.4.•0, ,, 0.•.••4...,144....0-,••,•.:.. 0 A 31,21 E w R ry ,,04.4„..4.400.,....4w,........... z J ,,•'0,.•:04:00...:•■■■••••••..0•12' ••,..°*,...:*/.000.*0000.41*0 . ..14%.0 4.04.•4'4•0•t•'...0•40 4 ••6 4..•0 4•.•.00',...0.0 • '. C-4 . 14,,.44....4 ••■• " * .. 1.000.04•••1"00..^4• ink v. 4..:..!.. .....X.,X0,StX.0*....;..; 247.21 -a• Os ,04,004,006,044.0... ,01 4 4 .04••••.044 •1, • -1' .,.... ..,....11::.....'.:.:',........."...,..,.,............,!-...,..:,:......:!...:.....,;"1".......',... 1 8 9 6 ‘01 '•,,,',...:.Y.t..0.*:„...::::::...; 452.4.7-4614 wn't;ALI 5-0.1.111 202.36 5filloso . at '; ':..,".:P...,"•■••:'.': C-43 /-47Y 28.22 /-154 55.25 ' 0:00:040, 2-47-444 ,-3511 189.49 CI ‘ ....v --2111 156.09 r c-X M '..".'41;..0,0'.•,..V.v, 0 •-) 0 n. -.a 1 8 4-ssu 3.95 . sz -o .,.0....-.-..••••. . ... ..., . A .. 1 (I) ... / 5-354 BB.95 co 14 0 1,3 31.58518X 1 In 2-23W 88.95, I-.r• ,, ,„...,•.‘ • 'o t 9-1C2 88.96, (An 4. 31,059*Lf. II r. .7-5011 67.8/ ai IN .....0 • •••".•". 31 417ts.f. III ,I t.0,00.0..••••• 0 .15-521/ 25.77 28,0 c 14 250 ..'...%:0_1"'':'•*•:' 20-1511 N59-59-1 E1W 4.1 ,--.•,•,.•,..,,,. •%" 55-418 24-50 /•• ...... 01'A° S332".'2`.- 1. U• • 39-30E 23.90. 1 0.f■OX. . 229.30 t1 is 0 ip lip c„ t 47 )9-29111 69.07 oss, ...,•. • ,...... •...,....,... ,... .... I ea o• to • , ....., 0 ••• , 4 •%7 25-354 75.05 0 0 PA ..,5-078 64.24 •,.••..4.•• 0 ..,, 30A124*$.1. 30-158 33.57 . ■,,,,,,,, 1 ....44.... . 30,04Crls.f. 15-348 27.89 .-. ..0 . )51-298 57.Az ,.. ,,-„V.:0•,, 49 0. 34-126 89.84 :4'0,.-0,-:-.t.'!'" ti73., Ci V lb -L2-171 217.85 ko ..,::::•:::::;.;. 7.3...2mo eve . 12.101 ,t16.20 205.4 - '1 .39-496 69.27 8 ::::,:.;;;:::: . LANW.APE . 0510111 . -33-10E . 29.31 .24.286 .90.17 • 1 • . 48-008 95.16 I - ;, ••:' . ", 6 • -59-338 87.93 *- '*.'. ,•,'0 4 n .*: 1 •08-836--t 28.-46--------4, :.' '..:•;•••'. --35,752,*“ - - . to • -31-588 18.18 - ", •..0 C-34 t. (7s. \ tot 0 -07-388 81.22 ,, .:0,....' 1.4 ... 0 40 gal. • 0 .. 7 e. V JAI 3z,471±s.f. -A7-1411 7t.39 . .•....• ..12,, 0-* VI -08-068 63.77 .•....?......% • 561 • 0 . vl irtiaeo I! I.•1 tit.7. -01-02W • 19.40 . :•1'....,,.' _ . -09-338 --177.307- - . . _. ,'••':'%'.,'..:: :0503:322E511.... 7...- L5258::-mit- •.";•%.•\''..4.%•?..: - - LUP-5-89 Cazwell, Inc. ,.,.. .-17-st6 _ _ 160.53 . 160.77 - , , - _ Proposed Residential Transition Area i - One inch = 100 feet . . NI' _ _ / DESIGN CONSTRUCTION September 29, 1988 Mr. Brad Torgan Orange County Planning Department P.O. Box 8181 306F Revere Road Hillsborough, NC 27278 Dear Mr. Torgan: This letter is written to officially request an amendment to the Orange County comprehensive land use category designation for a small, portion of the Montvale Subdivision that lies within Orange County. The Orange County property consists of 1.45 acres of land located on the east side of Kerley Road (SR 1717) and is a part of a larger 24.06 acre tract primarily located in Durham County. It is referenced as part of Lot 14 on Tax Map 15 in Chapel Hill Township. The land is owned by Cazwell Development, Inc. The Orange County land use category for the 1.45 acre portion is currently Rural Buffer. We are requesting that it be amended to County Residential Transition. We are requesting the land use plan amendment so that the comprehensive land use plan more aptly reflects the growth trends in the Erwin Road area and so that there will be consistent zoning within the Montvale Subdivision property. We do not believe that the Rural Buffer designation is appropriate on a parcel of land that is serviced by the City of Durham sewer system, as is Montvale. The ordinance designates the rural buffer as an area where sewage collection mains are not likely within 10-20 years. This obviously does not apply to this property. Cazwell Inc. PO Drawer 3758 12 The Courtyard Chapel Hill NC 27515 919/942-3691 6S Mr. Brad Torgan September 29, 1988 Page 2 Due to a fluke of geography, Kerley Road does not align with the County line. Thus, the resultant sliver of land has a different zoning category (Rural Buffer) from the majority of the original piece of property (R-20) . In Durham County, the R-20 designation permits 30,000 square foot lots for lots served by' public sewer. At Montvale, the lots are all 30,000 square feet or larger. In a practical real-life sense, the Montvale Subdivision is experienced as a Durham County • subdivision. Only 6% of the land area of Montvale is located in Orange County. And in fact, the history of tax payments for the entire parcel reveal that taxes have always been paid exclusively to Durham County. For the reasons stated above, we believe that the entire subdivision should be zoned consistant with Durham County zoning. Sincerely, • " Carol Ann Are • President • Cazwell, Inc. • CAZ/sw • Enclosures • • . • • ORANGE COUNTY PLANNING DEPARTMENT 69 KIMICABOROUOIE • NORTH CAROLINA 27278 • woe 30, 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 490A-c7,1-2 -g ' DATE RECEIVED:30 soPr STAFFPERSON(S) GENERAL DATA: Property c,iner(s) Name: Cazwell Development, Inc. Mailing Address: 180 Providence Road, Chapel Hill, NC 27514 Phone: (Home Work) 942-3691 Agent(s) Name: Carol Ann Zinn, President Mailing Address: 180 Providence Road., Chapel Hill, NC .27514 Phone: 942-3691 SPECIFIC DATA: ' Tax Reference: Township Chapel Hill Tax Map 15 Block Lot 14 Public/Private Road. Name: Kerley Road (SR 1717) Lot Size: Acreage . 1.45 (+-) Square Footage 62,993 (+-) Lot Frontage 743.65' Lot Depth Varies 46.43' t 199.99' atuuta i !FLAW- - ;0 SPECIFIC DATA (continued): : Current Plan Category Designation(s) : General Activity Node Watershed . Joint Planning Area X Rural Buffer Describe Land Uses I n the General Area:Transitional Type Growth Area Orange County - Rural Buffer - Durham County - R-20 On Adjacent Parcels of Land: North: Kerlington Subdivision • Zoned Rural Buffer, Orange; R2O Durham. East: Remainder of Montvale Subdivision Zoned Durham R2O. West: Kerley Road Residential Properties. South: Waller Property - Zoned Durham R20. ' REQUEST: Land Use Plan Category Designation(s) Requested: County Residential Transition Type of Amendment: Primary Secondary X • * * * * * * * * * * This application should be submitted with the following materials: • X Fully dimensioned tax map on which is highlighted the parcel , r or_portion thereof, in question. X Legal description of the parcel, or portion therof. • X Letter of request to include: o the tax reference, general location and'owner of the parcel , o thercurrent and requested land use plan category designation(s) o a. natrative '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 o statement of the changed or changing conditions in the area, or, in the County generally, which make the proposed amendment reasonably necessary. I (We), the undersigned, certify that all statements furnished in this application are true to the best of •my. (our) knowledge and that the application as submitted is complete. Cazwell Development, Inc. 4 417' • Carol Ann Zinn, President NAME OF APPLICANT(S) SIGNATUR $ ' APPLICANT(S) September 29, 1988 DATE . • . . • . . i 71 _ ‘ ELEANOR 1 BEC/AAN / UJAM 0. FAISON f ‘ 5.3., 1143-700 i 0 . it4o-a2.5 / - AN \ ELEOR S. 8ERONIAN / ■ 0.8. 1143-700 / / x ‘ / / 1 I 1 1 1 i - 12.91 '.& 1 i 359.22 1 \ 227.00 sa / ' .. to' me LANOSCAPE / EASEMENT / (::) z to 7.i ut 03 4, 31.817*. ?. n• • n. .):,..i OLD R/ i W \ (2:2,1 1 1 83.120As.t. / co 1 il. .. 0 I ot) 0 .. 31,21 mE111 R/W 1 / S z 1 1 1e 1 / 1 / C-4 At 1 / - 3.1a. cHORD 1C-2 I 247.27 • c..5 I 1482-44-46E litONIVAI3 .46-0411 202.36 / DR/nris .16-47V 13.24 I / C-43 (So• .47-152 55.26 82---- Al 46E 60•911 C..42 --, -22-352 189.49 i 159.51 0 .3 7-21.11 tSa.O0 T.., \ yr t-2211 11x.S7 -...i cc....., 10 .. I in 0 C.) Pv o .• -44-194 3.25 tr -.4 i g n I. L * 0 -38-352 88.95 431.1 J Up •••• / al 31.585te.. I gil 0 -52-232 88.95 I--r" 1 1 *o 1 I in 1, 03.evC° R e 1 0 .I. l• (11 I 31.059*3.f. 6.7 -47-50W 67.81 L a cn .....0 1 al 31,417ts.f. -25-522 2S.77 i ai I -30-15V 28.40 a 1 _ ' -40-472 12.88 et a• .. - N89-59-18W f -55-412 24.56 >. I el s82_30-42W 188.98 1- -39-306 23.90 I 22%33 e.# 0 0 CI> -58-266 56.47 cfb arp t, ,.. •• t -05-299 69.07 I LI ., II .'1.1 1F, :-.36-35W 75.05 ® IP I I 41*-• * "St I-13-07E 64.24 1 0 is/4 o...1 30,024±26E -4 .-30-156 33.57 i -15-346 27.59 sr / 30.045*4.f. AP )-09-292 57.48 . I 4. C".), .-04-1 2E 99.84 i 1 ia CI C•-1 -L2-t76 217.85 re / ?8..i j2, _-201, 0 C1......_. 44/ .-19-108 116.20 A ' i / 206.74 ,4(800; 1 1.39-49E 69.27 g / 10°,Me lANDSCAFE '-33-106 29.31 c9 1-24-26E 90.17 1 6/ 015099 ir 4-18-00E 9S.16 I ... j 0 1 . Ce32 :-59-33E 87.93 m to, tla n -09-5311 128.48 / i 1 / 35.762.**.L 1 to --31-686 18.18 Z t'' -/ C-34 u• •(-.-:\ )-07-386 81.29 1. .e ,i 1,1 ..1..F.1 LK 2-44-096 67. 9 7 d COI ... 1-i 3-17-14E 71.39 I 1 C) ..? t,. 1. ci v 4+1 32,471ts.f. 3-06-06W 63.77 1 1 :1 IC - "."'W- Oil a -„, % o-01-024 19.40 i I N4 1 30,1 ceis.t. . 30,280.ka./. ao. ,,,,,, 'Pt - 2-09-3311 177.30 I 3 4 . 5-53-36W L55.OA - I 1 t 1 • . 3-00-222 2a.as I2.11 / /-• 4• . . . 3-37-516- 160.63 .33(1.28 ; 3-59-246 150.77 20&82 . 19-59-238 27.18 TS 1-27-3811 S 1.71 NM • 9-22-4 76 38.82 ,,- • 5-35-09E 113.93 _ - -L3-05W 342.32 . ® 2e,03C0 s-9 . 11111.1 • . 4T 141 477.44,9iD - T-&,) - 622 993 sc (1,45 AC) REc11011 CF 10 5/10111, ANS INAT ......... - 7 • LEGAL DESCRIPTION OF PARCEL BEGINNING at an iron in the Eastern margin of Kerley Road, the Northwest corner of the property conveyed to William G. Waller by deed recordedin Book 327, Page 620, Durham County Registry, and running thence along and with the Eastern margin of Kerley Road, North 11 deg. 16' 35" East 285.76 feet to a point, thence in a Northerly direction along a curve to the left having a radius of 574.52 feet, a distance of 114.12 feet to a point, thence continuing in a Northerly direction along a curve to the left having a radius of 1080.63 feet, a distance of 343.77 feet to an iron, corner with Eleanor G. Bergman, as described in Deed recorded in Book 1143, Page 700, Durham County Registry; running thence with the line of Bergman South 86 deg. 31' 46" East 199.99 feet to a point, running thence with the Orange/Durham County line South 12 deg. 54' 23" West 741.10 feet to a point, running thence with Waller' s line North 86 deg. 22' 12" West 46.43 feet to an iron in the Eastern margin of Kerley Road, the point and place of BEGINNING, containing 1.45 acres, more or less, according to survey prepared by Triangle Surveyors, Inc. , dated February 11, 1988, to which survey reference is hereby made for a more particular description. • .. also , �' _ ' ' PLAN DURHAM 200 S COMPREHENSIVE r •� -J--- LAND USE CLASSIFICATIONS fit ; '� 4. •=r•'J: Pro of Development, Inc `J :_- ..J ', -• ,f, Cazwell Developm t�' t�. NNw•.• .l j .--::- •' :•.-.1 • ...:,. •-•..•.••••N Y.•■L•••i•. _ ,,,,,..,,,•, Mg ■IIMNINIMIN.f.,. „ ,;r4,...7;.,f. . /21 o•N..pldi.,. tr I! �.1 \ - �4 M Rb .v . •.•• , A ,o ct.$ P¢ " fi. ( V .` 2 r''i .......� • - +cam• +....s";'•-•;;..1,;:e- ,.- •1- +,- 't 3s'iy .. `` Aii..�•�•.+•• ...1 DUKE FOREST :+;14± j: , ry\ . j/! �•✓ J. ••, 4e YJ�J J,'�J' .) Public }" 1`•3_,,.,•- . •3.� •+•��, ° J s, merest-Di stri ct --. •- 2t,-Ja •'r'(r J:'r.i?v J� : `"1• -5.::(i♦j ,; .dGt f.. .—... _ '1 4• ,'.e'f',i.J ,,•;,i.s'`•.,j- Y �. .. + -.:; r V'^ `' • .. •'r.J.�1i 4J'Jb.• 3.VF' J R).`. •• •--� :L. RURAL BUFFER G ''46114%.1T .s. r '' '�'' J �;'?r f.Cir Q .3 i J•l� z ..4, •�.. 1 �r (JPA LAND :> �'' :«. ..� �;-1, J ..•.,�-s. - s, USE PLAN} • .... . • ~'p—?���. � -:• ���-�� '��` ,'"-5.;� • .4+. .°J.. l'.J.:-/./ ..1 ams i{ x .:--,1 -, .�•�, "' - 4•••,- }ate •r .1"J.• s. LLLL• �„._ + 7<ts,�y`F.a -t 1�' r J ✓ t`:1 {•-•.'�,,�,•. „^ �"•i r1 & a' �e 0.3,0'.....r...,=� Jam.: s- •. , ?i}�✓��))�1. ,.• , . JJ J - •Je.; '.i }y`e---,11/4!I -'J i1-'0i,r •� ` . 1 jijt:. T4 '`•'.�' '• '..++.{;%!` j,♦..•1..,..!..‘"..1 •..1.• Jr ter. .j Public eriest Di s# :,. ,; `:' :., o' -: r. DUKE FORE T •:■: 'N a,• : , ' . 't'1 -•-..-•:.-,;"-4'1i-.'::' '41 ,../'• f , 1.,ti e•i•4) -/ LJi ) . .1 J� } .rte •.i yv :',�+ N. Scale: 1":2510* -•:y -i N if: .' . :;•.,..; :. . :;•.❖.•.",•. : ... { 74 MEMORANDUM TO: ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO TOWN' COUNCIL ORANGE COUNTY PLANNING BOARD ORANGE COUNTY MANAGER CHAPEL HILL TOWN MANAGER CARRBORO TOWN MANAGER FROM: ORANGE COUNTY PLANNING STAFF TOWN OF CHAPEL HILL PLANNING STAFF TOWN OF CARRBORO PLANNING STAFF RS: LUP-5-89,. CAZWELL, INCORPORATED DATE: MARCH 30, 1989 GENERAL DESCRIPTION The property in question is located in Chapel Hill Township on the east side of Kerley Road, on the Orange County/Durham County line. The property is further referenced as Chapel Hill Township Tax Map 15, Lot 14. This area consists of 1.45 acres, and totals six percent (6%) of a 24- acre tract that lies mainly in Durham County. In 1988, a subdivision was approved for the Durham County portion of this tract. This subdivision, the Montvale subdivision, currently has several houses completed or under construction. The average lot size in this subdivision is 30,000 square feet, and it is served with City of Durham sewer - although private wells are the water source. The Orange County the of this tract has not been subdivided, largely Co zoning classification in place, Rural Buffer, has a minimum lot size of two acres. The portion of this tract in Orange County falls within the jurisdiction of the Joint Planning Area for Orange County, Chapel Hill and Carrboro. Accordingly, these 1.45 acres are currently designated and zoned Rural Buffer in the Joint _Land Use Plan. The applicant, who is the developer aoft the JDurham County portion of the tract, is requesting e Planning Land Uag Plan be amended by redesignating this property to Ten Year Transition from its current Rural Buffer. 1 I S 75 APPLICATION REOUIREMSRTS Application requirements for an amendment to the Orange County Comprehensive Plan are contained in Articles 2 and 20 of the Orange County Zoning Ordinance. Although this proposed amendment is to the Joint Planning Area Land Use Plan, it falls within the Rural Buffer area in which Orange County Zoning and Plan Regulations are enforced. Listed below are the application requirements, with analysis of information supplied by the applicant (shown in bold) . 1. 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 or areas of the County; The applicant has cited the changing nature of the Erwin Road area and adjacent land in Durham County as one reason for amending the Comprehensive Plan. The land use pattern across the Durham County line is significantly different from that in Orange. This is largely due to an urban development pattern found in • Durham and the fact that the adjacent land in • Durham County falls within the City of Durham Urban Growth Boundary. b. To correct an error or omission in the Comprehensive Plan; No error or omission in the Comprehensive Plan has been cited. c. In response to a change in policies., objectives, principles or standards governing the physical development of the County. Bo change in policies, objectives, principles or standards has been cited by the applicant. As a practical matter however, the proposed redesignation to Ten Year Transition will technically alter the policy of not allowing land use classes that could involve utility • service in the Rural Buffer. 2. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modifications of policies, objectives, principles or standards; 2 . 7 ) This provision is not applicable. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or This provision is not applicable. c. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres in land area. The proposed amendment is functionally not a freestanding plan area, as it is directly and inevitably related to activity nodes and transition areas located in Durham County. Therefore, this provision is likewise not applicable. Amendments to be classified as secondary amendments include: a. The expansion of an activity node where the additional area is contiguous to an existing node and does not increase its land area by more than ten (10) acres; This provision does not apply. 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 one hundred (100) acres. This proposed amendment can be considered as an expansion of a designated plan area as per the Durham 2005 Comprehensive Plan. In this plan, it can be clearly seen that the area of Durham County adjacent to this 1.45-acre Orange County sliver is classified for land uses that translate into Orange County's designation of Ten Year Transition or Commercial Activity Node. The bulk of the land in this vicinity is shown on the Durham Plan as "Residential, Up To 6 Units/Acre." Given the special circumstances of this request (with 94 percent of the tract in Durham County), consideration of this property as an t extension of Durham County land use seems appropriate where it would not otherwise. c. A correction of an error or omission; or 3 . i • 77 This provision does not apply. d. Revisions to any factual or descriptive material. This provision does not apply. 3. 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 amendment, and a legal description of the land; The applicant has submitted this information. b. The manner in which the proposed . amendment will carry out the intent and purpose of the adopted Comprehensive Plan. The applicant cites the importance of applying consistent zoning on the Orange County portion of this tract. Applicant further asserts that the Rural Buffer designation is inappropriate on a parcel of land that is served by the City of Durham sewer system, as is the case here. This tract is, for all practical purposes, a Durham County subdivision. In a real sense, the subdivision as built is not a true transition area - since the average lot size is 30,000 square feet. However, due to the fact that current Orange County designations do not recognize an interim category between Rural Buffer, Rural Residential and Ten Year Transition, this type of request is the only one that would give the applicant consistency for lot sizes within the subdivision. This consistency would carry out the true intent and purpose of the Jo}nt Plannina, Area Land Use Plan. CONSARISON WITH LOCATION STANDARDS In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for compatibility with the applicable Locational Criteria in Section 3.4 of the Land Use Element of the Comprehensive Plan. In the table below, COMPLIES means that the area being evaluated is compatible with the locational criterion. DOES NOT COMPLY means that it 4 . 78 is not. Additional explanation is provided where the response is not clear-cut. 12 & / Y ear Transition, Criteria Land Slope. No significant slope or topography problem that would unreasonably increase the cost of extending water and sewer lines. COMPLIES. The tract in question is located primarily on a prominent ridge line. Given this topography, slope does exist on the property, although this slope has not inhibited the extension of sewer lines into the subdivision. The small Orange County sliver of this tract does not have sewer service available to it, since there are no houses stovbe located in Orange County. The topography f would not prohibit service extension, if it were feasible. aydrology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. COMPLIES. The section of this tract in Orange County does not contain any areas of floodplain. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the State or Federal Government. COMPLIES. There are no such sites within close proximity to this property. Furthermore, the impact of this development on the environment has largely already been felt. Soil, Conditions. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load bearing capacity for site development. COMPLIES. The predominant soil type found on this site are Appling soils, which do not pose development problems. Public Services/Utilities Located in areas which are or could be reasonably and efficiently served by centraliz ed p ubli c services utilities. COMPLIES. As previously stated, tDurham County esusubdivision is currently served with City of Durham are in ground and operational. The subdivision does not have municipal water service, but instead utilises private individual wells. The Orange County portion of this tract 5 . 79 does not have sewer service, as there are no new building lots to be created in Orange County. There is no physical factor, however, that would prohibit the extension of sewer across the Orange County line. This subdivision has not been annexed by the City of Durham, so the Orange County portion would receive public safety and fire service from the Orange County Sheriff's Department and Eno Volunteer Fire Department, which might create service response time inequities. Then again, however, there are no development plans for the Orange County portion, and thus, no expanded need for services beyond those that exist. Transportation System Located in areas that have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdiction. QUESTIONABLE. This area is served by the collector street of Montvale Drive, as well as Kerley Road. Neither of these are major thoroughfares, but the access into the Durham County road system via Cornwallis Road makes the transportation system adequate for the residential land use. Taken in context, the transportation requirements for 1.45 acres of undeveloped land are not great. Eneray Use Located within less than a 5-minute commuting time from small-scale commercial uses and a 5-10 minute commute to major commercial uses or an urban area. COMPLIES. This site is located within five minutes of the Durham urbanized area, in particular the Durham commercial node at Erwin Road and Mount Sinai Road. It is also within 10 minutes of major commercial uses along U.S. 15/501 in Durham. The site will in the future become even closer to such uses as the Durham Urban area expands into this vicinity. Existing Lad MAW Located in areas which are in transition from rural or low- density uses to urban or higher density uses. COMPLIES. When considered with the land use pattern in this part of Orange County, the land use does not appear to be in a state of transition. However, considered as part of the Durham Urban Growth boundary, this area is unquestionably located in an area of residential and commercial transition to urban densities as it becomes part of the 166,000-person Durham Urban Area. It should be noted that the portion of this tract proposed for amendment in Orange County is in fact small sections of rear and side yards for three platted Durham County lots. The 1.45 acres in Orange County would not be sufficient to meet setbacks for additional development - even if the Transition Area designation were applied. 6 80 Agriculture and Forestry Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. COMPLIES. There is a small area of pasture land to the south of this site. The other surrounding land in Orange. County, where developed, is used for low-density residential purposes. It is not likely that this undeveloped land on the Orange County side of Montvale subdivision will have a detrimental effect on the pasture land located to the south. re Any effect factors from the subdivision asoaa whole daret cause already in place, and this 1.45 acre po greater impact. There are no areas of actively managed forest land in the vicinity. Population Density Located in areas with moderate to high population densities. COMPLIES. Areas to the east in Durham County meet this criteria, and the subdivision itself will have a density of nearly 1.5 units/acre. Again, when considered as part of the greater Durham urban area, the area is one of moderate to high density - by Orange County standards. Sistgric and Culture], Located away from areas where development would have a detrimental impact on State or Federally acknowledged historic/cultural sites or County-identified areas of Public Interest. COMPLIES. There are no such acknowledged sites of federal, state or local designation in close proximity to this site. Minimal impact can therefore be foreseen on such areas, and no further impact is anticipated via this amendment. COMP2IEIL;TR QE Amman MITE EXXSTIHG gm POLICY The applicant has indicated that the amendment is not in response to a change in policies, objectives, principles, or standards governing the physical development of the County. It is therefore appropriate to analyze the amendment within the framework of the Operating Principles of the Joint Planning Area Land Use Plan. These policy,statements . are listed on pages 52 and 53 of the Plan. As with locational criteria, COMPLIES means that the area being evaluated is compatible with the policy or policies. DOES HOT COMPLY means it is not. Additional explanation is provided where the response is not clear-cut. 7 _ r . 81 OPEN SPACE 1) The existing open space system in Chapel Hill Township, which includes Duke Forest Lands, the UNC buffer around University Lake, the Morgan Creek Wildlife area, and existing agricultural and forest land, should be protected from intrusion by incompatible land uses. (OC) COMPLIES. The property does not border any portion of the existing open space system. UNIVERSITY LAKE WATERSHED 1) University Lake water supply watershed should be developed in a manner which will protect the quality of the water supply. Very low density residential, low intensity commercial, and agricultural land uses are appropriate in this area. (OC) 2) The University Lake Watershed should be protected for reasons of water quality; development should occur only at low densities, and water and sewer lines should not be extended into this watershed. (CH) Not applicable. The property is not in the University Lake watershed. HIGHER INTENSITY USES/TRANSITION AREAS 1) The more intensive uses are most appropriately located within the Towns and then the areas adjacent to the Towns likely to become urban. (OC) 2) A transition area should be designated, between existing developed areas and the rural buffer, as a target for new development to occur. (CH) QUESTIONABLE. Although 94% of the subdivision is within the Durham Urban Growth Area, an area that would be classified as transition area in the JPA Land Use Plan, an expansion of transition area into the Rural Buffer could be considered a precedent setting intrusion. RURAL AREAS 1) The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. (OC) 2) Rural lands currently existing between the Chapel Hill/Carrboro urban area and Hillsborough should be 8 82 ft preserved. 9UESTTONABLE. It is questionable whether lot sizes of those characterizing Montvale can be considered "rural." URBAN FORM 1) A compact form of development should be achieved avoiding urban sprawl. (OC) 2) The urbanizing areas of the Towns are the major growth centers of the Township. . . (CH) Not applicable. The focus of the subdivision is Durham, rather than Chapel Hill. UTILITY ENTERS/0N 1) The timing of utility extensions and the pace of growth should be coordinated. (CH) 2) Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (CH) QUESTIONABLE. Although, on its face, the amendment does nots 'seem incompatible with the policies, it raises the questions of pacing in regards to infrastructure extensions from the City of Durham. The amendment ois ppo sedwater incompatible and sewer with r�extensions�iuto Rill the policy which Rural Duffer. ALLOCATION OF GRONNTE 1) Areas where public facilities and services are available should be developed before such areas where services are not yet available. (CH) COMPLIES. The subdivision receives sewer from the City of Durham. 2) To the maximum extent feasible, no "spillover" growth from the two Towns will occur in Chatham or Durham Counties or in Bingham Township. (OC) Not applicable. The development does not seem to be "spillover" in nature. 3) The area north of Town is assumed to be the most suitable for absorbing spillover because of 9 . 83 transportation access, the large efficiently sewerable area below the Morgan Creek-New Hope divide, and existing growth patterns. (0C) Not applicable. The development does not seem to be spillover in nature. 4) The Southern Triangle area will develop only after all the suitable land south of and between the Duke Forest tracts has been developed. (OC) Not applicable. The property is not in Southern Triangle. 5) Duke Forest tracts will not be developed over the period 1980-2000. (OC) Not applicable. Duke Forest tracts are not involved and the property does not border Duke Forest tracts in Orange County. AGENCY COMMENTS The only comments received were from the Durham City- County Planning Department. Keith Luck, Principal Planner for that agency, states that both Rural Buffer and Ten Year Transition are compatible with the Durham Plan, and that the proposed amendment and its accompanying land use is acceptable. These comments are attached. RECOMMENDATION This proposed amendment is very different from most amendments in that it 1) will not change the existing land use on site because of the nature of the land; and 2) requires special consideration because it involves not only the planning efforts of the three jurisdictions that comprise the Joint Planning process, but adds a fourth entity - that of the City and County of Durham. For this reason, it is difficult to evaluate this proposal with a literal interpretation of the Joint Planning rules and regulations. On the one hand, it is clear that the Joint Planning Land Use Plan and text does not recommend that the Rural Buffer concept be altered in any way that would compromise the goals of this designation. On the other, this literal interpretation does not recognize the fact that the plan may be altered without damaging the concept. In this case, the proposal is that a 1.45-acre section of a tract, which contains a platted and developed Durham subdivision on its remainder, be given a designation 10 84 • that is consistent throughout the subdivision. The section of land in Orange County is so small and narrow that it is undevelopable on its own under either county's regulations. With or without. a plan amendment, this land is for all • practical purposes a part of a yard for three of these lots. • The sole purpose for the plan amendment appears to be to complete.the subdivision plan at the same density under which 94 percent of it has been constructed. At present, this cannot be done since the Orange County Rural Suffer designation will not allow any subdivision of land at all at ' lot sizes of less-than two acres. The closest Orange County designation that would allow this subdivision to be completed is Ten Year Transition, although most of the provisions of Ten Tear Transition are clearly not the ideal designation. At issue here is not only the approval of this 1.45 acre portion of land in Orange County. It is also a policy decision on how to treat these types of situations where land in two jurisdictions is developed at one jurisdiction's standards« Two options emerge from this proposed amendment. first, since there are no dwellings proposed for construction in Orange County, is a plan amendment really necessary? The matter appears to be academic, short of the problems that would be created for the three lots in question not being able to be subdivided as planned. This would leave the Orange County portion inconsistent with the Durham section, but with the knowledge that the Rural Suffer plan designation in Orange County has not been compromised. Or, secondly, should there be some "fitting together" of the Durham Plan with the Orange/Chapel Sill/Carrboro .Joint Land Use Plan, to ensure that these situations are dealt with consistently regardless of' which side of the county line they fall? An interlocal agreement might coordinate the two plans to reflect which standards should be in effect, and where. This type of policy might involve a form of joint planning With Durham County. It would compromise, in a sense, the appl#.catiop, of rural buffer - but it would do so in a planned, knowledgeable manner that might protect the concept • 'and would be more flexible than two independent plans. This • regional concept might allow for better overall planning along the county line. The applicant states that "in real life, this subdivision is experienced as a Durham County subdivision. By a fluke of geography,' 6% of the tract, falls into .Orange County." While the issues are more complex than this, the above . statement is basically correct. If all county boundaries, or 'property lines, were reflective of natural features, this ' situation would have a clear and easy solution. . 11 85 • Maintaining the concept and reality of the Rural Buffer must • • be a paramount consideration; the Rural Buffer is the foundation upon which most of the planning in southern Orange County is built. It is possible, however, to entertain this request for a Land Use Plan amendment without compromising the Rural Buffer for the following reasons: 1) This property is on the outer edge of the buffer; 2) The property (in Orange County) is small, and is a small fraction of a large parcel that straddles the county line. 3) The proposal is consistent with the plan for the adjoining area in Durham County; and 4) The circumstances of this case are such that, if the request were granted, there would be no physical intrusion into the Rural Buffer. • Given this scenario, approval of the Plan amendment is recommended with the recommendation that a policy analysis be undertaken to determine the procedure for future such matters. • 12 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 (. 86 4e Nos 11 • "g • Dear Property Owner. A public hearing will be held on Thursday, April 6, 1989 at 7:30 p.m. at Phillips Junior High School on Estes Drive in Chapel Hill. This public hearing is being held to consider five items relating to the Orange County/Chapel Hill/Carrboro Joint, Planning Land I E Plan. Th'e Joint Planning Area is located north and west of the Chapel Hill/Carrboro corporate limits, and the Joint Land se Plan requires public hearing before the Orange County Board of Commissioners, the Chapel Hill Town Council, the Carrboro Town Council and the Orange County Planning Board. The:items to be considered at this public hearing are summarized below.. Your property has been identified as being within ,5,t2Q•feet of me of the areas al shown below. JOINT PLANNING AREA LAND USE PLAN AMENDMENTS There are three proposed amendments to the Joint Planning Land Mae Plan. Amendments to the Land Use Plan do not automatically change the zoning of property, but do open the door for different zones to be requested and applied in the future. 1. A proposal has been received by Envirotek, Inc. of Raleigh N.C. to redesignate 424.4 acres of land located in Chapel Hill Township on the western half of the Interstate 40 • interchange with New Hope Church Road (please see site #1 on attached map). This proposal would create a new Commercial Transition Activity Node on 159 acres of land, and would also change the land use designation on 265 acres to Agricultural- Residential. Currently, the Joint Land Use Plan classifies both these areas as Rural Buffer. The proposed amendment would permit zoning changes that could allow non- residential land uses and higher residential densities. Currently, the Rural Buffer , designation allows only residential uses with a minimum lot size of two acres, and certain non-residential uses. 2. A proposal has been received by Cazwell, Inc. to redesignate 1.45 acres of land in Chapel Hill Township on the Durham/Orange County line, located on the east side of Kerley Road (please see site #2 on attached map). This land is a small part of the tract that now contains the 24-acre Montvale subdivision - which has an average lot size of 30,000 square feet and lies mainly in Durham County. The portion of the subdivision in Durham County has'sewer service from the City of Durham. This amendment would redesignate the 1.45 acres in Orange County to Ten Year Transition from its current designation of Rural Buffer. Under the current Rural Buffer designation, lots must be at least two acres in size. The Ten Year Transition designation that is proposed would allow the portion in Orange County to be consistent with that in Durham County. 3. The Town of Carrboro has requested that the Joint Land Use Plan be amended to delete a 400-foot buffer located between the 'Carrboro Transition Area II', as defined in the Plan, and the Blackwood Division of Duke Forest (please see site #3,4 on attached ' map). Currently, this strip of land is designated and zoned as Rural Buffer. The Town of Carrboro is requesting that the 400-foot buffer be removed and that the land be redesignated as 'Carrboro Transition Area II", consistent with the adjacent land to • 87 the south. This change is proposed to alleviate the problem of tracts split into two jurisdictions and two land use classes by the 400-foot buffer. JOINT PLANNING AREA REZONINGS There are also two proposed rezonings to be considered at this public hearing. These rezonings are for land that is already consistent with the Joint Land Use Plan, or for property that is currently under review for possible change in designation. 4. The Town of Carrboro has requested that the zoning designation of Rural Buffer currently applied to the aforementioned 400-foot buffer strip south of Duke Forest be changed to Carrboro Rural Residential (RR), pending the land use plan amendment request in item 3 above. If the plan amendment (as defined above) is approved, Carrboro zoning would need to be implemented on the 400-foot buffer strip south of Duke Forest. The Town of Carrboro has requested that their RR zoning be so placed, since it is consistent with the land located south of the current 400-foot buffer. S. The Town of Chapel Hill is requesting that a zoning change be approved for a 178-acre tract located south of Eubanks Road and known as the 'Green tract" in the Joint Land M.,§1 Plan area (please see site #5 on the attached map). This property is currently zoned R-1 by Orange County, but is located in the Town of Chapel Hill Transition Area. Under the terms of the Joint Planning Agreement, this property would be assigned a Chapel Hill zoning category. The Chapel Hill Town Council has adopted a resolution calling for this property to be zoned Rural Transition (RT). This district is designed for land used for agricultural,low-intensity residential or open space uses, but which is projected in the Town's Comprehensive Plan for conversion to more intense urban uses when services are needed and available. Following this public hearing, these items will be reviewed for recommendation by each of the Joint Planning Area authorities. Action will be taken by one, or all, of the three governing bodies - as provided in the Joint Pla n : nin Agreement. Questions or comments may be directed to any of the three Planning Departments, as shown below: The Orange County Planning Department is located in the Orange County Agricultural and Environmental Center at 306-F Revere Road in Hillsborough. Office hours are from 8:00 a.m. to 5:00 p.m., Monday-Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham) or 967-9251 (Chapel Hill), Please ask for Extension 565 or 566. You will be directed to a staff person who will answer your question. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, in Chapel Hill. Office hours are from 8:30 a.m. to 5:00 p.m., Monday-Friday. You may also call the department at 968.2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall at 301 West Main Street in Carrboro. Office hours are from 8:30 a.m. to 5:00 p.m. You may also call 968.7714. Marvin Collins Orange County Planning Director . . • ., ..... . i . . 88 . 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'gm, , au ;4•3A, x • \ •.II I. ,P.,,, .... ...................1111117b.01MINO0..00......Z.;.:73 „"MA 0, '', • , • ii 89 I I fi 0 cm r-fti_PLFIZA DJ -F11, NC EThJ1 (99)683-1137• March 16, 1989 Mr. David Stancil , Comprehensive Planner II Orange County Planning Department 306 F Revere Road Hillsborough, NC 27278 Dear David: Thank you for soliciting comment from the Durham City-County Planning Department on case LUP-5-89, Cazwell , Inc., a request to modify the Land Use Element of the Orange County Comprehensive Plan. The proposal is to redesignate about 1.5 acres from Rural Buffer designated future land use to County Residential Transitional . In general , both land use designations are compatible with the Durham 2005 Comprehensive Plan. The Plan$ suggest that low density residential use is appropriate for this area. The proposed designation is acceptable. Please contact me if I can be of further assistance. Si n ely, err•° Kith Luck, AICP • Principal Planner V r_ ` • 90 --- Taken from Joint Planning Area Land Use Plan 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 of the extra-territorial planning jurisdiction of the two towns. At the same time, Chapel Hill was also in the process of revising its 1977 Land Use Plan. These 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 this Land Use 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 meeting was structured around four major headings: - Natural Environment - Infrastructure and Public Services - Sociological Characteristics - Joint Planning Operating Principles • The results of the meeting, coupled with the background data and public hearings in January and April 1986 were merged to produce the . Joint Planning :Area Land Use Plan, 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 Orange County Board of County Commissioners and Chapel Hill Town Council on October 13, 1986. • i . I . . , _.. . . SUMMARY OF INFORMATION ON JOINT PLANNING 91 DESCRIPTION OF THE JOINT PLANNING AGREEMENT IPThe Joint Planning Area Is an area outside the extraterritorial planning jurisdictions of the Towns of Chapel Hill and Carrboro, but within the Joint Planning Area boundary as shown on the Orange County IP map entitled "Land Use Plan." The current Joint Planning Agreement is a formal agreement between Orange County and Chapel Hill and includes the following provisions: IP( 1 ) ,( , AtHndarde_ The Orange County Land Use Plan, zoning ordinannce, and subdivision ordinance shall remain in effect in the entire Joint Planning Area until amended as described In the agreement. (2) tosasterwtive d® Innn,an+ Orange County and Chapel Hill shall develop a land iuse�plan and zoning map to be applicable in the ten and twenty year transition zones shown on the County Land Use Plan map. (3) . • . . , 4. 1 I . • _ - . . 1I , . Upon completion of the land use plan and �zonin ma , ' adopt, on the Chapel Hill side of the Joint Planning Areaglocatedywithin Is to the ten and twenty year transition zones, that portion of the land use plan. zoning map and development standards of the Chapel Hill development ordinance which shall be applicable to the Chapel Hill side. (4) > er_jlrovlalnne p¢ the nertraengn�F ' ere review process in the rural buffer zones of thehJointiPlanning Areatand in the extraterritorial zoning jurisdiction of the Town. of the agreement address such things as the administrations ofrtthes agreement, including the handling of development proposals in the ten and twenty year transition zones, and the a If greement. For example, the agreement specifies rea for nenaipr the process for development proposals in the transition zones eswhichmeans that both the County Commissioners and the Town Council must approve or deny Projects .in those transition areas. Though not a formal party to the Joint Planning Agreement. the Town of Carrboro expressed Its desire to be involved in the preparation of the Land 'Use Plan and zoning Map. The Town also expressed an interest in becoming a party to the agreement upon adoption of the Land Use Plan, Zoning Map and development standards. On the following pages more details are iven about each of the first three provisions of the agreement as specified above. ORANGE COUNTY LAND USE PLAN AND DEVELOPMENT STANDARDS Orange County contains seven townships, including Township which udin Ch lies in the southeastern g county. Hill Chapel Hill and Carrboro Ile in Chapel Hill Township and the nttownship P I! 2 1 . 114 • 92 • required acreages: natuce•1. environment, Infrastructure and public services, Joint Planning operating principles, sociological characteristics: land use plan categories and location standards. OTHER ELEMENTS IN THE JOINT PLANNING PROCESS • ..; 1 . Zoning Map After the Joint Planning Area Land Use Plan is adopted the next step will be to prepare a zoning map for the 10 and 20 year transi- tion areas on the Chapel HIII and Carrboro sides of the JPA. The 101 process will involve translating land use plan categories Into zoning district categories which specify certain uses at particular densities. These categories will be considered for adoption by Orange County and, upon approval , recorded in the County's Zoning Atlas. 11 . Development Standards in the Transition Areas The current Joint Planning Agreement also specifies that upon completion of the land use plan and zoning map, Orange County shall adopt on the Chapel Hill side of the Joint Planning area located within the ten and twenty year transition zones. "that portton. . .of the development standards of the Chapel Hill side." A' similar provision exists in the Agreement which applies to Carrboro. • IM 10 IP• • 6 I/ 93 Y. • JOINT PLANNING OPERATING PRINCIPLES IIThis section is the springboard for preparation of the Land Use Plan . What has been described in Sections 1-t11 represents critical background information. This section suggests the setting in which the plan will be drawn (Growth Trends) and guidelines for drawing the plan (List of Principles/Location Standards/Strategies) . G OWZH TREND$, The Chapel H1lI/Carrboro area does not exist or grow as en isolated urban area. It is increasingly becoming viewed as a component of the Research Triangle Area, an area that stretches from Carrboro on the west to Garner on the east. The Triangle area includes parts of Orange, Durham, Wake, and Chatham Counties, and contains eight municipalities. The economies, housing markets, commuting patterns, and lifestyles of all of these areas are linked -- what happens in Raleigh affects Chapel Hill . What has been happening Is growth -- at unprecedented levels. The increased development activity in southeast Orange County has been mirrored in Durham and Wake Counties as well . In terms of absolute numbers, Wake County development has dwarfed everything else going on. Population growth in the Triangle area has been fueled by in-migration. Migration accounts far approximately two-thirds of our recent population increases (one-third from natural increase) . The reasons for this large migration are economic opportunity and overall -hfgh quality of life. The key to understanding Triangle area growth is job creation. The IIIreason people are moving here is that employment opportunities are exploding . Even in the low points of recent recessions, Triangle area unemployment never rose above 3%, often recording the lowest unemployment rate in the nation. At the focal point of new Job creation is Research Triangle Park. Existing Growth Patterns, In the Chapel Hill/Carrboro area, development accelerated beginning 49 ;� 94 c around the end of 1982. Altogether during the early 1980's, ' approximately 6000 dwelling units were approved for construction in Ili Chapel H111 . These were generally located as follows': - 1000 in the central part of Town III - 1000 east of 15-501 - . 1000 south of NC 54 bypass - 3000 north it Clearly, the direction to the now fully Weaver Dairy o developed at urban intensities. . lit Srowt „fibers ' li There are a number of developments underway or on the horizon that will have a •major Impact on growth trends'. III Research Triangle Fork: Job growth in the Park has been spectacular, and it should continue. Many recent announcements of plant openings or expansions include phased expansion plans, adding thousands of new jobs III over the next several years. . interstats_4.0.a 1-40 Is expected to be complete from Research Triangle Park to the Orange/Durham County line (at 15-501 ) by June, 1987. The segment of 1-40 between 15-501 and NC 86 should be complete by the end of 1987, and the last segmeft Cup to 1-85) ready shortly thereafter. 1 The combination of 1-40 at our doorstep and job growth in RTP is a. powerful one. We can expect intense pressure for development In the I- 40 corridor, particularly at interchanges. lir 1 . - . The existing undeveloped and 1 underdeveloped areas between Chapel Hill and the City , of Durham are not likely to remain in their presen�awstate. Durham east, north,growing and south . III directions and Chapel Hill is growing to the , The to municipalities will eventually share a common border. Carrboro Growth,: Development activity in Carrboro Is also accelerating, Iii with encouragement. Carrboro cannot grow much further west, University Lake Watershed. its growth will be north and south. Ili r ,them Gounty Urbatti= Qns Subdivisions containing single family houses and duplexes have been developed in northern Chatham County, and iii a major retirement community has been planned on the Orange/Chatham line. We can expect to , see increased development activity to northern Chatham, especially residential development with a Chapel Hill/Cerrboro Iliorientation. Duke .Forest,: At present, growth to the north of. Chapel Hill and Carrboro faces an eventual barrier-3600 acres of Duke Forest land. These major tracts 'represent both an opportunity and a threat. For li supporters of the concept of a "rural buffer" around Chapel H111/Carrboro, Duke. Forest. presents an opportunity to be the core of such a buffer, , a physical limit to growth; the threat is that the property will not remain in Its present ownership. For those favoring 50 i 95 4". development, the prospect of developing Duke Forest lands is an attractive one. Jordan Lake: The construction of Jordan and Falls Lakes have added major amenities to the recreation-poor Triangle Area. As such, these lakes have enhanced the attractiveness of the Triangle area and will serve as "development magnets," attracting growth. For Chapel Hill , Jordan Lake presents both an amenity, and a barrier to growth on the southeast side of Town . mil Drainage„ R sips: Last is the subject of basins and limitations on extension of water and sewer service. This issue is discussed in more detail in Section III . In summary, natural topography hinders extension of sewer service to the west into the University Lake watershed. The most likely areas for extension are south, northwest, and east. INITIAL UST OF PRINCIPLES The following Operating Principles are a compilation of guidelines taken from the Chapel Hill Township section of the adopted Orange County Land Use Plan IOC) and from the discussion paper on Land Use Plan Assumptions Isprepared by the Chapel Hill Planning Board (CH) . The purpose of this compilation is to provide a starting principles which will be used to formulate othe Joint Planning ntLand Use • . Plan. Of course, each jurisdiction has an extensive set of Goals and Objectives, but this compilation utilizes two available smaller lists which seem to identify most of the"important policy issues. The compilation was done by classifying the guidelines which appeared in the two documents cited. The Orange County guidelines deal with Chapel Hill Township rather than the Joint Planning Area, but In fact the two. areas are very similar (see Orange County Land Use Plan Map) and the guidelines are therefore instructive. This brief compilation shows a great deal of similarity in the thinking of the two Jurisdictions, as does a comparison of their stated Goals and Objectives. is All The Goals and Objectives statements for Chapel Hill and Orange County • should be consulted for other information concerning these and other policy issues. The statements that follow are grouped into 7 . cats ories: g - Open Space • University Lake Watershed - Higher intensity Uses/Transition Areas • • Rural Areas - Urban Form - Utility Extensions - Allocation of Growth 51 • 9b Lion 11.5f 1.EJCATIOM =ILE 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 use II 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) IP was classified into categories according to the public policies expressed in the "Operating' Principles". the set of locational standards defining the appropriateness of the physical environmental context and the projected population change, and resulting land requirements in the 0 County. The land use plan categories contained in the current ( 1981 ) Orange IP County Land Use Plan are based on five basic categories which have been refined into a more detailed classification system to meet the specific needs of the County. These categories are: BASIC CATEGORY PR®NGE COUNTY j.AND_USE PLAN TE1OR I ES IP DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node IP TRANSITION Ten-Year Transition Twenty-Year Transition Commercial Transition Activity TNode ition Commercial-industrial Activity Node COMMUNITY Rural Community Activity Node IP RURAL Rural Buffer Rural Residential Agricultural - Residential Rural Neighborhood Activity Node Rural Industrial Activity Node CONSERVATION Public Interest Area - Water Supply Watershed Water Quality Critical Area Several of the broad land use classifications from the existing 1 Land Use Plan have been .carried forward In the Joint Planning Land Use Plan. These Include transition areas. activity nodes, rural buffer. rural residential , water supply watershed, and water quality critical area. Transition areas are located adjacent to existing urban areas . I suitable are in o the densities, from withspubalic suitable for urban-type I 56 97• CARRBORO PLANNING BOARD • RECOMMENDATION MARCH 30, 1989 • Cazwe 11 Development, Inc. Request to Amend the Joint Planning Land Use Plan Map to Remove 1.45 Acres of Property included in the Montvale subdivision from Rural Buffer designation and place it in Urban Transition Area designation. Jim Manor recommended that the 1.45 acres of the Montvale subdivision in Orange County not be removed from its Rural Buffer designation, and that Cazwell Development request be denied. seconded by: David Rutter vote: 3-2 (Rodemeier and Riggsbee) • • • ORANGE COUNTY 99 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April A.L. 1989 Action Agenda Item # 110-1- d"• SUBJECT: LUP-6-89 TOWN OF CARtBORO DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Joint Staff Report of 3/30/89 Marvin Collins, Extension 346 Carrboro Planning Board Recommendation of 3/30/89 TELEPHONE NUMBERS: Carrboro Board of Aldermen Hillsborough - 732-8181 Resolution of 3/1/88 Durham - 688-7331 Excerpt from Orange County Mebane - 227-2031 Natural Areas Inventory Chapel Hill - 967 -9251/968-4501 Excerpt from Duke Forest Study PURPOSE: To receive citizen comment on a proposed amendment to the Joint Planning Area Land Use Plan for Orange County, Chapel Hill and Carrboro. BACKGROUND: The Town of Carrboro has requested that the 400-foot Rural Buffer area located between Carrboro's Transition Area II and Duke Forest be removed and that the area be designated as Transition Area II on the Joint Planning Area Land Use Plan. The land in question is immediately south of the Duke Forest Blackwood Division on either side of N.C. Highway 86 and Eubanks Road. The area consists of approximately 135 acres. 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. On August 16, 1988, the Board of Commissioners approved the relocation of the Transition Area boundary to a set distance of 400 feet from the Duke Forest border. The boundary relocation was initiated at the request of property owners. A consistent "buffer" dimension was sought through the amendment process. Since the approval of the 400-foot Rural Buffer area, some difficulties have been experienced by property owners whose land is split by the boundary line. The approval of two jurisdictions, Carrboro and Orange County, is necessary, creating administrative as well as design problems. Developments are resulting in a mix of one and two-acre lots. In some cases, water and sewer extensions may be possible to part of a development and not to the remainder. Factors have a bearing on the proposed amendment include the recently completed study of Duke Forest lands, the completion of the Natural Areas Inventory by the Triangle Land Conservancy, and the proposed PID - Public Interest District proposals by the County. The Duke Forest study recommends that the bulk of the Blackwood Division be retained as Class 1 Permanent Research Forest or lands most intensively used for academic and research purposes. Such lands would be dedicated for academic purposes for a period of 50 years. A portion of the Blackwood Division south of Eubanks Road and near Carrboro's Transition Area has been designated Class 2 Research Project Land. Class 2 property is expected to remain in its present forested state and continue to be used for current research and teaching activities. Because such areas have less intensive academic usage at the present time, and research and teaching may not be the most appropriate use over the long term, any proposal that would lock in land use for more than five years would be made only after proper deliberative review by the Duke Land Resources Board. Four sites were identified in the Natural Areas Inventory as significant areas. They include: (1) the Bald Mountain Hardwood Slopes; (2) the Bald Mountain • Gabbro Depression; (3) Meadow Flats; and (4) Eubanks • Road Montmorillonite Forest. Two of the sites, Bald Mountain Hardwood Slopes and Meadow Flats, have been • recommended for registration as a State Natural Area with the N.C. Natural Heritage Program. • The PID proposals of Orange County included two classes of Public Interest District to align with the proposed • Class 1 and Class 2 Duke Forest lands. PID-1 is a zoning district in which the minimum required lot area would be approximately 11 acres; uses would be limited primarily to academic or research forest, public reservoirs, and State parklands; and the life expectancy of such facilities would be 20 years or more. PID-2 is a zoning district in which the minimum required lot area would be five (5) acres; residential uses would be permitted in addition to academic or 101 research forest, public reservoirs, and State parklands; and the life expectancy of such facilities would be less than 20 years. The PID-1 designation matches up with Class 1 Duke Forest land. PID-2 matches with the Class 2 designation. Concurrent with this request, the Town of Carrboro has requested that the property in question be rezoned from Rural Buffer to Rural Residential (See 2-5-89) . To address concerns regarding natural areas, the Duke Forest Study, and the PID proposals, the Town has indicated a 100-foot undisturbed naturally vegetated setback would be retained along the Duke Forest border. proposed for designation as a PID-1 zoning district. The Carrboro Board of Aldermen originally supported the proposed change on March 1, 1988. At its March 30, 1989 meeting, the Carrboro Planning Board approved the proposal, including the designation of a 400-foot naturally vegetated setback in the areas west and east of N.C. Highway 86 and north of Eubanks. Road. RECOMMENDATION: The Orange County Planning Staff recommends approval of the request that the 400-foot Rural Buffer area located between Carrboro's Transition Area II and Duke Forest be removed and that the area be designated as Transition Area II on the Joint Planning Area Land Use Plan. An Orange County Planning Board recommendation will be prepared on May 15, 1989; The Board of Commissioners will consider the proposal for decision on June 5, 1989. • MEMORANDUM 103 TO: CARRBORO BOARD OF ALDERMEN ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO TOWN MANAGER CHAPEL HILL TOWN MANAGER ORANGE COUNTY MANAGER FROM: CARRBORO PLANNING STAFF ORANGE COUNTY PLANNING STAFF CHAPEL HILL.PLANNING STAFF SUBJECT: Proposed Amendment to the Joint Planning Land Use Plan Map to Remove the 400 foot Rural Buffer Designation Between Carrboro's Transition Area I I and the Duke Forest Blackwood Division,and Include This Area in Carrboro's Transition Area II DATE: March 30, 1989 REQUEST: THE TOWN OF CARRBORO HAS REQUESTED THAT THE 400 FOOT RURAL BUFFER AREA LOCATED BETWEEN CARRBORO'S TRANSITION AREA II AND DUKE FOREST BE REMOVED,AND THAT THAT AREA BE DESIGNATED AS TRANSITION AREA II ON THE JOINT PLANNING LAND USE PLAN MAP. Since the Joint Planning Agreement became effective on November. 14, 1988, the Town, the County,and property owners have encountered difficulties in administering the provisions of the Joint Planning Agreement at the northern boundary of Carrboro's Transition Area II near Duke Forest. The'reason for these difficulties stems from the 400 foot strip of Rural Buffer zoning,under County control, that was left between Carrboro's Transition Area II and Duke Forest lands in this area,as a result of the County Commissioners'decision following the June 30, 1988 joint public hearing. (See figure 1). The 400 foot strip of County jurisdiction effectively means that owners of properties that abut Duke Forest in this area must seek two separate approvals in order to subdivide their tracts. In order to ameliorate the difficulties that have arisen in dealing with this situation, the Town administration is requesting an amendment to the Joint Planning Land Use Plan Map. The Town is requesting that the Map be amended to remove the 400 foot Rural Buffer buffer in this area and replace it with Transition Area II designation, which will then have to be zoned Carrboro R-R (one dwelling unit per acre) in a separate action. Where the Duke Forest property adjacent to the new Transition Area II contains areas of particular natural significance, and where the proposed County designation for Duke Forest is Public Interest District I,the Town proposes that there be kept a 100 foot undisturbed naturally vegetated setback 1 • • FIGURE 1. Location of the 400 foot Rural Buffer buffer north of 10 4 Carrboro's Transition Area II . .. .a 0. —. - • M: y tN• r• - r mr • h j_ 1• ' • AF P, r .. fl tA d, . - b tA ICE - o ; • L-, -r Ija! 4'-��•. +_.' � �"��rte••-.,''+. , •. . ....._, . , -Iit•...r . . „T••;',. 4. !...$ 7.71.-343 •, -Li , .1 _,. -4, 1 py i ..*';'n i<' `f ?:l' I•s•• r h. -r711f. ,11A6i s r, . Lfi I t oil' *• c^1' 1•s, • 1,1+; a°°°• � *.�� r` i6�i r •i ♦• ' , yyr. . �1 + ,iii, -: • .i�� K i 71:1' i '• , } { Yr : • a� l+ , ir- ! iM t', ..),,,.%. ..,.. . {�f^y1{ 'II .,4-ti.-..,1.•-..7." Oy -A zit F `• 7? _1 d'1 • �fit • 'Y:• i yy.. IM ..• y,.. '`S. l i 1 r , 71•• r ■ .•� }•*-- ..*if. � y+tom ' 4 .,7 .;:i.-:,:•,.. J t • .. . +sir om; ‘,.....Q. ' •. I Ii� ''11 M" .' t F • 41"—ISM 7 ��-! . butte Feuus r L:µ:h t T t carrlx iv�"row�sl lion . .�,.. • .�. 1.6141$1% L∎M;4 esrowA ro 41 04 � F uT `i9. L.:1141.1. . N -. • 105 along the property lines between Transition Area II and the Duke Forest properties. BACKGROUND: The Joint Planning Area Land Use Plan and Map serve as the basis for the implementation of the Joint Planning Agreement between Carrboro,Chapel Hill,and Orange County,including zoning and the regulation of future development in the Rural Buffer and Urban Transition Areas. Any amendment of the Joint Planning Land Use Plan Map requires a joint public hearing and the agreement of all three governing bodies. The Joint Planning Land Use Map describes two Urban Transition Areas north of Carrboro,into which the Town is expected to grow over the next ten to twenty years. The Transition Areas have Carrboro zoning and Carrboro is responsible for land use and building permit administration there. Beyond the Transition Areas, lands are to be left in a semi-rural state over the next twenty years,protected by County Rural Buffer designation and zoning, and County administration. County Rural Buffer zoning is basically residential,and requires two acres for a dwelling unit. Between the northern limit of the Carrboro Transition Area and the Duke Forest Blackwood Division,the joint Planning Area Land Use Map calls out a 400 foot strip of County Rural Buffer. That 400 foot"Rural Buffer buffer",totalling approximately 135 acres, was set up to buffer Duke Forest properties from the suburban residential development that is expected over the long term in the Carrboro Transition Area. The Rural Buffer buffer against Duke Forest means that properties located in that area are effectively within two different jurisdictions. Owners of those properties must seek approval from both Carrboro and from the County in order to subdivide their properties and develop them; and must meet Carrboro standards on the Carrboro Transition Area portion,and County standards on the Rural Buffer portion. This has proven to be a very difficult and complicated process for the staffs and for the property owners. Recently,the County has proposed to change the text of the Public Interest District MID)zoning designation which is presently on the Duke Forest properties north of the Carrboro Transition Area. The County PID is proposed to be split into two PID zones. PID-I areas are not expected to be developed for 20 years. The PID-I district would permit research forest activities, residential development on 11.5 acre lots,and some mixed uses involving historic structures. Near Carinboro's Transition Area, the P1D-I would be placed on the portion of Duke Forest north of Eubanks Road on both sides of Old NC 86,where there are natural areas of particular significance. The PID-II district is proposed to be similar,although the residential densities proposed to be permitted would be one unit per 5 acres, and development is expected within the next 5 to 10 years. The PID-II designation is proposed to be placed on the portion of Duke Forest south of Eubanks Road. 2 1 i .r 106 • These proposals to amend the PID district come out of negotiations between the County and Duke University over the future of the Duke Forest properties. The • proposals have raised additional questions about the need for the 400 foot Rural Buffer buffer. If the long term plan for those Duke Forest properties includes residential development,and not preservation in an undeveloped state,and that is supported by the County,then the 400 foot Rural Buffer buffer north of Carrboro's Transition Area II is not necessary. The difficulties experienced by everyone involved in its administration can be avoided by removing it from the Land Use • Plan and including it in Transition Area II designation. If it is felt that a buffer of some sort is necessary between the Transition Area II and Duke Forest areas designated PID-I,a 100 foot naturally vegetated setback can be left along the property boundary,as was suggested at the June 1988 Joint Public Hearing. Requiring that a 100 foot undisturbed natural setback be retained along the Transition Area II property boundaries adjacent to Duke Forest properties • designated ND-I should cause no unreasonable hardship to property owners in the area, given the provisions of Carrboro's Land Use Ordinance. Section 15-123 (b)of the Ordinance states that if a preexisting property is made undevelopable because setback requirements cannot be met,then the entity issuing a land use permit may allow deviations from the setback that causes the problem. In addition,the properties that would be affected by this provision are already made nonconforming by the presence of Rural Buffer zoning,since they are less than 80,000 square feet in size. • • 3 L 107 ANALYSIS: The Joint Planning Area Land Use Plan sets up an analysis framework for any plan amendment request in the Joint Planning Transition Areas. The particulars and effects of each request are to be evaluated against the following natural and locational criteria: 1. LAND SLOPE 2. HYDROLOGY • 3. FLORA AND FAUNA 4. SOIL CONDITIONS 5. PUBLIC SERVICES/FACILITIES 6. TRANSPORTATION SYSTEM 7. ENERGY USE 8. EXISTING LAND USE 9. AGRICULTURE AND FORESTRY 10.POPULATION DENSITY 11.HISTORIC AND CULTURAL RESOURCES 1. SLOPE: The 135 acre area in question, consisting of a 400 foot strip of land between the Duke Forest boundary and the Carrboro Transition Area II is very gently sloping land,in slopes approximately 0 to 5 percent to the east of Old NC 86;and is moderately sloping,between 0 and 10 percent to the west of Old NC 86. Land slopes in the 400 foot Rural Buffer buffer are generally the same as those the of the lands located in the Transition Area to the south. The steeper slopes to west of Old NC 86 are associated with the southernmost flank of Bald Mountain. 2. HYDROLOGY: The land is located in the Bolin Creek basin. The western portions drain into the upper reaches of Bolin Creek and the Jones Branch of Bolin Creek, and the southern and eastern portions drain into an unnamed tributary to Bolin Creek. There is no regulatory floodplain in this area. Carrboro's ordinance calls for at least a 15 foot stream buffer to be preserved in its natural state on either side of the portions of the Jones Branch and the unnamed tributary which pass through the 400 foot strip of land in question. The County ordinances do not require that such a stream buffer be preserved. 3. FLORA AND FAUNA: The County criterion for eligibility for Transition Area designation is that the property in question should be located away from sites that would,if developed,create a threat to unique or endangered species. For analysis of this criterion,the 400 foot Rural Buffer buffer can be thought of as two distinct areas,one south of Eubanks Road,and one north of Eubanks Road on either side of Old NC 86. South of Eubanks Road: No endangered species have been located on the portions of the 400 foot Rural Buffer buffer or on the adjacent Duke Forest tract south of Eubanks Road,either by the State or by the Triangle Land Conservancy's Inventory of the Natural e._ and Wi dlife H.b'tats of Or. + :e Coup ,North 4 Z 10s Carolina. The Duke Forest ro P Pew south of Eubanks Road has been extensively logged, and is in the first stages of regrowth. North of Eubanks Road: Portions of the Duke Forest property north of Eubanks Road, on either side of Old NC 66 are included in the Meadow Flats swamp forest, which has been nominated for recognition and protection as a State Natural Heritage Area because of its significant flora and fauna,and because of its value as a wetland ecosystem. That nomination has been rejected several times by Duke University. The Meadow Flats area is immediately adjacent to the proposed Transition Area II boundary. Meadow Flats has also been documented in the Triangle Land Conservancy's Inventory as an area of Regional Significance. Bald Mountain, portions of which have also been nominated for Natural Heritage Area designation,but rejected by Duke,is located within Duke Forest on the west side of Old NC 86, immediately adjacent to the proposed Transition II boundary. Bald Mountain is documented in the Triangle Land Conservancy Inventory as of Medium Significance in the County because it is the only remaining undeveloped monadnock in the County,and is an excellent example of a mature chestnut oak forest. Chestnut Oak is now quite rare in the County, having been extensively lumbered. In the strictest sense,this County criterion for Transition Area designation is met only by the portions of Duke Forest south of Eubanks Road. The Carrboro Transition Area currently comes within 400 feet of the natural areas located north of Eubanks Road and on either side of Old NC 86, and the Rural Buffer buffer does not prohibit development adjacent to these natural areas, but rather permits it at one dwelling unit per two acre densities on septic tanks. The Town proposes that a 100 foot undisturbed vegetative setback be left between the proposed Transition Area II in. this area and the Duke Forest property to be designated PID- I,in order to provide protection for these natural areas. 4. SOIL CONDITIONS: The soils in the 400 foot strip in question do not differ significantly from those in the Transition Area II to the south or those in the Rural Buffer on the north. The predominant soil types found in this area are of two associations: the Georgeviile-Herndon-Tatum association predominates south or Eubanks Road,and the Iredell-Enon association predominates north of Eubanks Road on the east and west sides of Old NC 86. The Georgeville-Herndon-Tatum association, located generally south of Eubanks Road is characterized as gently sloping to moderately steep,well drained, with a surface layer of silty loam and a subsoil of clay loam,silty clay loam,silty clay, and clay. They have a moderately high potential for most urban uses, with low strength, shallow depth to bedrock,and high erosion potential offering the most severe limitations on urban development. The soils Can pose moderate to severe limitations on the use of septic tanks because of the clayey characteristics of the subsoils and the shallow depth to bedrock.- 5 . l 109 Soils of the Iredell-Enon association, located generally north of Eubanks Road in - the vicinity of Meadow Flats,are characterized by including a range of slopes:in the case of Meadow Flats,the soils are nearly level,however on the west side of Old NC 86 in the vicinity of Bald Mountain slopes are steeper. The Enon soils associated with Bald Mountain are well drained, with loam at the surface and clay loam subsoils. The Iredell soils associated with Meadow Flats are quite poorly drained,with loam at the surface and clay subsoils. The poor drainage and basic pH of the soils in this area are what support the unusual wetland vegetative community at Meadow Flats. Both the Iredell and Enon soils are severely limited in their ability to support septic tanks. They pose severe limitations for urban development because of their clayey subsoils,their wetness,and their low strengths. Areas included in the Rural Buffer buffer in these soils will likely not support a septic tank,and therefore would likely remain undevelopable unless water and sewer is extended to them. 5. PUBLIC SERVICES,/UTILITIES:, The 400 foot strip in question lies immediately adjacent to the Carrboro Transition Area II which is expected to be served by OWASA water and sewer service within the next ten to twenty years. Changing the land use designation of the 400 foot strip from Rural Buffer to Transition Area II would permit the extension of water and sewer service into the 400 foot strip - - it is expected that water and sewer service will be available to the remainder of the properties in question. The soils in the area pose moderate to severe limitations on the use of septic tanks because of the clayey characteristics of the subsoils,as described in section 4. above. Duke Power service is available in this area,as is Public Service Gas. The area in question is on the service boundary for fire service, between Carrboro's jurisdiction which ends approximately one- . quarter of a mile north of Brittan Road on Old 86, and the Orange Grove volunteer fire department and the New Hope volunteer fire department. 6. TRANSPORTATION SYSTEM: The County criterion for eligibility for Transition Area designation is that the property in question should have very good road access,as well as service by rail lines. The 135 acre area included in the 400 foot Rural Buffer buffer between Duke Forest and the Carrboro Transition Area II has the same access to the current and planned future transportation networks as do the remainder of the properties on which it is located. Changing the designation of this 135 acres from Rural Buffer to Transition Area II will mean an increase in the matmum development potential of approximately 61 units --the current Rural Buffer designation permits 74 dwelling units (1 dwelling unit per 80,000 square feet of land), and the Transition Area II designation, when rezoned,would permit 135 dwelling units (1 dwelling unit per 43,560 square feet of land). 7. ENERGY USE: -The County criterion for eligibility for Transition Area designation is that the property in question should be located within a five minute commuting time from small scale commercial uses and a 5 to 10 minute commute to major 6 110 ' commercial uses or an urban area. The 400 foot Rural Buffer buffer in question has the same commuting distance characteristics as does the remainder of Carrboro Transition Area II directly adjacent to it it is within 5 minutes of Interstate 40 and the current commercial uses and expected future mixed office and commercial uses associated with the.I-40/Eubanks Road interchange. In addition, this area is within 10 minutes of the Chapel Hill/Carrboro urban center. 8. EXISTING LAND USE, LAND USE DESIGNATIONS, AND ZONING: In the area south of Eubanks Road,Duke Forest land adjacent to the 400 foot Rural Buffer buffer has been extensively logged. It is in the Joint Planning Rural Buffer,and is zoned Public Interest District --a proposal is being considered to change this to a Public Interest District II designation. Land to the south,east,and west of the 400 foot strip in this area is developed at relatively low densities or is undeveloped. It is in the Joint Planning Transition Area II,and is zoned Carrboro R-R,which requires an acre of land per dwelling unit. North of Eubanks Road to the east and west of Old NC 86 the Duke Forest property remains undeveloped and unlogged. These areas are proposed to receive the PID- I designation,which would allow residential development at a density of one unit per 11.5 acres, but development is not expected over the next twenty years. Lands to the south of the 400 foot Rural Buffer buffer in this area are developed at a variety of densities, from One unit per acre to undeveloped. They are in the joint Planning Transition Area II,and is zoned Carrboro R-R, which requires an acre of land per dwelling unit.. The original intent of the 400 foot Rural Buffer buffer in this area was to protect Duke Forest properties from the human traffic associated with suburban densities of the Transition Area. This is of less concern now as regards the portion of Duke Forest in question, below Eubanks Road,because of the current County proposal to rezone that portion of Duke to the new PID-I I designation. The new designation would permit single family housing at a density of one unit per five acres on the Duke Forest property 9. AGRICULTURE AND FORESTRY: South of Eubanks Road the Duke Forest property adjacent to the 400 foot Rural Buffer buffer has been logged as part of Duke University's forestry research. It and the other Duke Forest properties on the north side of Eubanks Road in this area have been used for forestry research for many years. Duke Forest lands to the north of Eubanks Road and on the east and west sides of Old NC 86 have not been logged,and are currently in forestry . research use. The lands adjacent to the 400 Rural Buffer buffer on the south are not now in agricultural or silvicultural use,however lands further south in the Transition Area are currently in agricultural use. 10. POPULATION DENSITY: The County criterion for eligibility for Transition Area designation is that the property in question should be located in an area with • 7 • 111 moderate to high population density. The population density of the area surrounding the 400 foot Rural Buffer buffer is the same as that which served to justify the Transition Area II designation on the remainder of the properties to the south. 11. HISTORIC AND CULTURAL RESOURCES: No sites in this area are listed as of historical or cultural significance in the 1986 Orange County Inventory of Sites of Cultural, Historical,Recreational,Bio1o ,and Geological Significance in the Unincorporated Portions of Orange County. • 8 i• 112 CARRBORO PLANNING BOARD RECOMMENDATION MARCH 30, 1989 • Carrboro Request to Amend the Joint Planning Land Use Plan Map to Remove the 400 Foot Rural Buffer Buffer Between Duke Forest Properties and the Carrboro Transition Area II, Redesignate the Area Transition Area II, and Rezone it to RR In the Area West of Old NC 56: Diana Woolley moved to recommend that the 400 foot strip of Rural Buffer zoning currently located between Duke Forest and Carrlooro's Transition Area II west of Old NC 86 be redesignated Transition Area II and rezoned to Carrboro R-R, and that a 400 foot naturally vegetated undisturbed setback be required between development occurring in the Transition Area and Duke Forest. seconded by: Jim Manor vote: 4-2 (Riggsbee and Rutter) In the Area East of Old NC 8 . North of Eubanks Road: • Jim Manor moved to recommend that the 400 foot strip of Rural Buffer zoning currently located between Duke Forest and Carrboro's Transition Area II east of Old NC 86 and North of Eubanks Road be redesignated Transition Area II and rezoned to Carrboro R-R, and thata 400 foot naturally vegetated undisturbed setback be required between development occurring in the Transition Area and Duke Forest. seconded by: Toy Cheek vote: 3-2 (Rutter and Riggsbee) In the Area South of Eubanks Road: Jim Manor moved to recommend that the 400 foot strip of Rural Buffer zoning currently located between Duke Forest and Canboro's Transition Area II south of . Eubanks Road be redesignated Transition Area II and rezoned to Carrboro R-R. seconded by: Susan Roderneier vote: 5-0 ii• _ L r t -_�. • 113 P ] 3,s 337 ' w rr t o r 1 !O1 west Main Street Norm : i 27510 \I y 77CO 19191 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 adjust the Northern Transition Area II boundary to coincide more or less with the southern boundary of the Duke Forest properties. 114 9 • Section S. 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, Billiard 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 ,....) � u.; 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 • , • i • • 115 10 • Carrboro Job fanning Transition Area Zoning r— Background • On September 22, 1987 an intergovernmental working group made up of eight elected officials from Orange County,Carrboro,and Chapel Hill • endorsed an agreement to establish a method for coordinated and comprehensive planning in areas north of both towns. The joint Planning Agreement sets out a method for planning and regulation of future development in a Joint Planning Area by all three parties. • The Joint Planning Area is defined in Orange County's Joint Planning Land Use Plan and Map,and is split into two sections: the Carrboro Joint Planning Area,located roughly between Carrboro's northern extraterritorial planning area limits and Eubanks Road,and the Chapel Hill Joint Planning Area, generally between Chapel Hill's northern extraterritorial area limits and Interstate-40. The Land Use Plan envisions that suburban residential development(at a density between two and five dwelling units per acre) will occur in the future in the area nearest the towns,and that rural residential development(at densities no greater than one dwelling unit per acre)will occur in the area farther out Finally,the Land Use Plan defines a Rural Buffer area outside the towns'Joint Planning Areas,in which allowable _ 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 Plmmtng Transition Area I and Transition Area II. The Agreement stipulates that Transition Area I must be developed to a specified density before Transition Area II may be zoned for densities higher than one dwelling unit(DU)per acre. Althought the Agreement defines Transition Area II,the County's Joint Planning Area Land Use Plan and Map must be amended to include it These amendments are to be considered at the same time as the other changes to the Plan and Map that are needed in order to implement the Agreement As illustrated in Figure 1,Carrboro's Joint Planning Area includes approximately 4.0 square miles of land lying within the Bolin Creek drainage basin,and bounded on the west by Old NC 86 and Dairyland and Union Grove Church Roads. Bolin Creek serves as the general boundary between T ransiti on Areas I and I I with Transitio n Area I located directly north of the town's northern extraterritorial area limits,and Transition Area II generally north of Bolin Creek and south of Duke Forest • . i . . ,, .., .7" 01 t• a (AShalli .: t IC i i :`+. it ` .� .- �I f�. 1 J iiii • IIIIIP.,■10 mi.= illArnitril • 7.-....... 1,KN 1 111,1 111 11011 _— —.I. . ...... ,iL.,.,..., . •,.••.-.-,",•,,.-t,:,',„s_.1 4...,. .1.-.. 4p ,,,,, wit '1.111111111111•4111:: u':tr.�i1'�4"`a+++ ++f+ � '-"` `h,. '.a,�! te,.,_ ": .■ff.f+1i4. � ; ►ff faf+!+i4 tI4 4 of f4 t. 1 �„ . ..$0• •..A..f.►4;...' +4"r+,i,+f• ice: ,t ,..4,„!4•••••„W. -.',,, ____ `. •I::• 1fii.r.r ♦+v •►+►�.� t•„ -•... //I �\'•�Milli-�_n�lrp f'• 1tliti �..'.4:t.•r4 VV.,•'►.+i 117 12 towns and • In addition to other provisions concerning annexation by Me representation from the Joint Planning Area on the towns planning boards and boards of adjustment, the Agreement stipulates that each town must prepare a zoning scheme for its Joint PIRnning Area,to be adopted by the County along with the towns'aduevelop�meen�ordinances,following a joint public hearing to be held by pa • rties March 1, 1988,the Carrboro Board of Aldermen voted to select one of the three possible zoning schemes for the Town's Joint Planning aonin Transition Area is that were presented as options by the staff. The zoning illustrated in Figure 2. It is a recommendation to the County,which will be considered at a joint public hearing scheduled for June 30, 1988,and voted on by the County Commissioners on August 16. Table 1.describes the general requirements of the Carrboro zoning districts proposed for the Transition Area. Table 2.describes the uses that are permitted in each zone. If you need further information about the zoning of a specific property,or have any other questions about the joint Planning process,please call Ann Weeks,Carrboro's Senior Planner,at 968-7727 or 968-7714. • • t • �l. .. . ,3 • , • . • - / • • • r f..., , „ ice. 1 2 • ,;'��.. i .... . i..- 'A I..aill agrom iiiiiif - s Illerilliii ��� N I w �M ■ • +i++{►• ��+'f..,i♦ 4.•• a++..4 ttla•��_ 1 ,.�,, .. •.11•f2"t►4:t$,-•-•444i.•••••••0;44••••••• ' -..r......-...., .- '.��. a.,�•���'�- `A\r�� ,.fl• Y °.•4.4•f�.r�44V a.�•4t+ Pi►+4444♦4 -..• ,f1�11 _. ♦a-.-�JJto:�( 1 4{ i t:4�i'� 4414440141,444.41. 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CARRBORO JOINT PLANNING TRANSITION AREA ZONING ' DESCRIPTION OF PROPOSED ZONES ZONE ZONE DESCRIPTION R-10 Residential, 10,000 square feet of land required per dwelling unit(a maximum density of 4.356 dwelling units --DUs per acre). Maximum building height is 35 feet. R-15 Residential, 15,000 square feet of land required per dwelling unit(a maximura density of 2.90 DUs per acre). Maximum building height is 35 feet R-20 Residential, 20,000 square feet of land required per dwelling unit(a maximum density of 2.178 DUs per acre). Maximum building height is 35 feet. R-R Rural Residential, 43,560 square feet of land required per dwelling unit(a maximum density of 1.0 DU per acre). This 4. r •• • definition reflects a revision to the existing definition of the R-R zone,which will take effect simultaneously with the = adoption of the Joint Planning Agreement. Maximum building height is 35 feet. B-3-T Neighborhood Business --Transition Area. A new business zone designed to accomodate commercial needs arising at the rural neighborhood level and which are more appropriately dealt with at that level than at the community level. In order to insure compatibility with surrounding neighborhoods,no B-3-T zone may exceed 5 acres in size. Maximum building height is 28 feet, NOTE: IN ALL RESIDENTIAL ZONES,MINIMUM LOT SIZES MAY BE REDUCED THROUGH CLUSTERING OR THE DESIGN OPTION KNOWN AS AN -ARCHITEC- TURALLY INTEGRATED SUBDIVISION' (OR ZERO-LOT-LINE DEVELOPMENT). ALTHOUGH MINIMUM LOT SIZES CAN BE REDUCED WHEAT THESE TECHNIQUES ARE USED,THE OVERALL EFFECTIVE DENSITY ON A TRACT MAY NOT EKCEED THE UNDERLYING DENSITY FOR THE ZONE AS DESCRIBED ABOVE. THE "EXTRA' SPACE IN SUCH CASES BECOMES PART OF THE DEVELOPMENTS • REQUIRED COMMON OPEN SPACE AREA. 1 • '' �' • • 158 120 15 • TABLE 2. PERMITTED USES IN ZONES PROPOSED FOR THE • CARRBORO TOINT PLANNING TRANSITION AREA • Zone Permitted Use 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,cemeteries,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;duplexes 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 romats;utility offices;dry cleaners and laund , buildings;post rp an ty facilities;open air markets and horticultural sales;nursery schools • and day care centers;automobile service stations and automobile repair shops or body shops. 121 16 Article IX ZONING DISTRICTS AND ZONING MAP Part I. Zoning Districts Section 15-135 Residential Districts Established. (a) The following basic residential districts are hereby established: R-20, R-15, R-10, R-7.5, R-3, R-2, R-R, R-S.I.R. , and R-S.I.R.-2. The purpose of each of the foregoing residential districts is to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in non-residential districts. (AMENDED 5/12/81; 12/7/83; 2/4/86) (b) The following watershed residential districts are also established: R-80 and R-40. - All land within these districts is located within the University Lake Watershed, and while they are designed to achieve the objectives identified in subsection (a) , they are also intended to protect the community water supply by allowing residential development of the land within the University Lake Watershed only at reduced density levels. (AMENDED 12/7/83) - 7:1> (c) The R-R (rural residential ) district is designed to ( accommodate the residential and related uses permissible in the R-20 zone (at the same density allowed in that zone) , as well as several additional uses that would be appropriate in the more sparsely populated areas of the town's extraterritorial planning area but that would be inappropriate within the more intensively developed residential zones. (d) The R-S.I.R. (suitable for intensive residential) zone is designed (i) to encourage high denisty residential development that is compatible with the housing element of the town's Compre- hensive Land Use Plan, and ( ii) to locate this high density development in areas most suitable for it, thereby reducing pressure for growth in less desirable locations and reducing urban sprawl. Land in this zone is deemed especially suitable for intensive residential development because of ( i) the availability of police, fire, and sanitation service at low marginal cost due. to existing service patterns, ( ii) the availability of public water and sewer service, (iii) the ample road system serving the area, (iv) the compatibility of existing development- in the area with high density residential development, and (v) the compatibility of high density residential development with environmental concerns, especially water quality. Developers are encouraged to construct housing that is consistent with the town's housing objectives through density bonuses, as set forth in Section 15-182. 1. (e) The R- S . I .R. -2 zoning district is designed to serve II Page 1 • • 12217 • Article XII DENSITY AND DIMENSIONAL REGULATIONS Section 15-181 Minimum Lot Size Requirements. Subject to the provisions of Sections 15-186 (Cluster Subdivisions) and 15-187 (Architecturally Integrated ' Subdivisions) , all lots in the following zones shall have at least the amount of square footage indicated in the following table: (AMENDED 5/12/81; 12/7/83; 2/4/86) Zone Minimum Square Feet R-2 40,000 except that the size may be reduced to 2 , 000 square feet in an architecturally integrated subdivision on a tract of at least 40,000 square feet. R-3 3,000 R-7.5 7,500 R-10 10,000 R-S.I.R. 10,000 R-15 15,000 R-20 20,000 RR 20,000 R-40 40,000 R-60 80,000 C No Minimum 8-1(c) None • 3-1 (g) 3,000 for residential; otherwise no minimum 8-2 7,500 8-3 7 , 500 if used for residential purposes; otherwise no minimum B-4 Same as 8-1(g) 8-5 43,680 ( 1 acre) • M-1 No Minimum M-2 No Minimum WM-3 40,000 CT 40,000 Section 15-182 Residential Density. (a) Subject to the other provisions of this section and the provisions of Section 15-186 (Cluster Subdivisions) , 15-187 (Architecturally Integrated Subdivisions) and 15-182. 1 (Density ' in R-SIR Zoning) , every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. . In determining the number of dwelling units permissible on a tract of land (by dividing the total ' number of square feet the tract contains by the minimum per dwelling unit) , fractions shall be dropped. (AMENDED 4/24/84; • • 1/22/85; 2/4/86) Page 1 . • . .._- w , . . .... RI:: A r...dr....•„r:.. ----- 416.. , Map 12. Sites N1 —11i2C - -''S4114111Willi ‘\'4Z. * 4"411P1 ' it' '*441's. 1 inch = 4,000 feet • .c.... •.t u 5.10 xwEr et. Mit ..,1. . c... = 1 A..I. ,i4. ......_..../..i ,::,v.l a..im.-i-t%$tI 3-e e m•.4'Iw:o...■r•• E4‘L•. .:*-3•..7• 5••.-•_■.-.> - (O,ri'-r..,4. 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Site name: Bald Mountain Hardwood Slopes Site number: NOI Significance: 4 - County Medium Integrity: 1 - Prime Threat Status: 5 - Negligible Location: Monadnock west of Old NC 86 (CR 1009). and Meadow Flat; halfway between Calvander Crossroads and intersection of Old NC 86 and Arthur Minnis Road (CR 1113) ; access' by Duke Forest Gate No. 35. USGS Quad: Chapel Hill Approx. acreage: 66 Jurisdiction: Duke University; Rural Buffer Reasons for significance; This is one of the most mature . chestnut oak forests in the county and the only monadnock without any sort of development on its upper slopes and summit. Large hollowed-out stumps of chestnut oak, now extremely rare due to a long history of lumbering, provide traditional nesting sites for turkey vultures (Cathartes aura) . Scenic features include both the rock formations on the summit and the unbroken ridgeline as seen from the surrounding countryside. General description: Bald Mountain is one of a series of • monadnocks that run northeast through the southwestern part of the county. The summit .rises more than two hundred feet above the surrounding terrain due to the resistant nature of the underlying bedrock. Documented rock types include rhyolite flows, slate, diorite, and tonalite (Gibbon, 1966) . The large outcrops of igneous rocks are an interesting scenic feature of this monadnock, particularly a series of boulders shaped like dolphin fins located on the northwest slope. The forest cover on the crown is composed almost completely of chestnut oak (Ouercus prinus) , with scattered presence of other upland oaks such as scarlet oak (Q. coccinea) , black oak (Q. velutina) , and white oak (Q. alba) . The low heath cover here is sparse but the viburnum thickets are well-developed, especially on the slopes below the crown of the hill. Due to the relatively dry nature of the ridgetop, several species of open-forest birds nest there, including the flicker (Colaptes auratus) , great-crested flycatcher (Myarchis crinitus) , white-breasted nuthatch (Sitta carolensis) , and summer tanager (piranaa rubra) . Other noteworthy breeding species include the pileated woodpecker (Drvocoous oileatus) and hairy woodpecker (picoides villosus) , both of which are characteristic of large tracts of mature hardwoods, and the hooded warbler (Wilsonia citrina) , which in upland situations is strongly associated with viburnum thickets. Protection Status: Duke Forest multiple use lands; private 145 125 land on west end of mountain unprotected. Surrounding land use: N: Forest, agriculture E: Forest, residential a: Forest, residential w: Forest, agriculture Threats: Immediate: Timbering by Duke Forest. Potential: Same Recommendations for management or protection: Chestnut oak forest on upper slopes and summit of the monadnock should be managed as natural area; should be registered as state natural area with North Carolina Natural Heritage Program. ownership: See Appendix A Documentation References: Gibbon, 1966. 146 • 126 ORANGE COUNTY NATURAL AREAS SURVEY. SITE DESCRIPTION. • Site name: Bald Mountain Gabbro Depression site: number: NO2 significance: 4 - county Medium Integrity: 4 - Moderately Good Threat Status: 4 - Slight Location: Flats located west of Old NC 86 (CR 1009) and • Meadow Flats; halfway between Calvander Crossroad and intersection of Old NC 86 and Arthur Minnis Road (CR 1113) . • USGS Quad: Chapel Hill Approx. acreage: 60 • Jurisdiction: Duke University; Rural Buffer Reasons for significance: This site is one of only two upland depression swamp forests' located over an extensive gabbro area weathered to Iredell soil. General description: This site, along with Meadow Flats, occupies the largest expanse of Iredell soil in Orange County. The presence of this soil series is due in turn to an underlying gabbro sill, which likewise is the largest within the county. This type of geological formation is circumneutral in pH and is, extremely poorly drained, covered' with standing water in the spring but bone-dry in the summer: Consequently, the forest growing on this site .is unusual for an upland area, and is dominated by willow oaks (Ouercus phellos) , winged elm (Ulmus elate) , sweetgum (Liquidambar stvraciflua) , and spicebush (Lindera benzoin) . Unusual species in the herb layer include.Joe-Pye weed (Eupatorium fistulosum) , partridge, berry (Mitchella repens) , and rock spikemoss (Selaginell_a, apoda) . This site is more disturbed by forestry practices (including ditching) than is the nearby Meadow Flats, part of the same soil and geological formation. Probably for this reason fewer animal .species were observed here than at the nearby Flats, but given the recovery of the forest the same species could be expected. Protection Status: Duke Forest multiple use lands • Surrounding land use: N: Forest. ' E: Old NC 86 ' S: Forest, residential W: Forest Threats: Immediate: Timbering ; Potential: Same Recommendations for management or protection: Forestry 147 127 management practices should take into consideration the value 1 this site has as a natural area. Specifically, ditching to accelerate drainage (already begun) will completely alter the character of this community, and therefore should be avoided. Ownership: See Appendix A Documentation References: Baldwin, 1974. i 148 . t. 128 ORANGE COUNTY NATURAL AREAS SURVEY. SITE DESCRIPTION. : - Site'name: Meadow Flats Site number: NO3 • Significance: 3 - Regional Integrity: 1 - Prime Threat Status: 4 - Slight Location: East of Old NC 86 (CR 1009) and north of Eubanks Road (CR 1727) c USGS ;Quad: Chapel Hill Approx. acreage: 40 Jurisdiction: Duke University; Rural Buffer Reasons for significance: This is the best example of upland depression swamp forest in the county. This forest is growing on the most extensive area of Iredell soil, over the largest gabbro depression, in the county. Characteristically hydric tree species include willow oak (Ouercus phellos) , northern shagbark hickory (Carve ovata) , and slippery elm (Ulmus rubra) . On the western margin near Old NC 86 occurs an unusual species of dogwood (Cornus racemosa) ; until recently this was the only recorded location for this species in North Carolina. Associated with the forest are two noteworthy species of animals, the red-shouldered hawk (Buteo lineatus) , a declining species characteristic of large tracts of bottOmland forest, and the four-toed salamander (Hemidactylium scutatum) , a state-listed species of unknown distribution that breeds in mossy areas around isolated shallow pools. Small-whorled pogonia (Isotria medeoloides) , a nationally endangered species, has been reported for the eastern margin of the natural area (Whigham, 1971) . This report is as yet unconfirmed; several local botanists have searched for this species, but it may, have been destroyed by the 1979 clearcut of the*woodlands adjacent to the natural area. However, this species often remains dormant for several years before it re-emerges. General description: The geological features of this site are highly unusual for our region. The underlying rock here is a large intrusion of gabbro, a mafic igneous rock (dark-colored and rich in iron, magnesium, and manganese) . The broad, level expanse of Iredell clay weathered from the gabbro .makes this ;one of the most poorly drained sites in the county. In the spring, large areas of the flat are covered with several inches of standing water, with deeper pools forming wherever • one of the shallowly-rooted trees has been blown over. In the summer, the area is dry except for a few restricted brooks. The poor drainage plus the relatively basic pH of the Iredell soil produced from the gabbro result in an unusual plant community. Willow oak (Ouercus ohellos) , sweetgum 149 • 129 (Liquidambar stvraciflua) , white ash (Fraxinus, americana) , and red maple (Acer rubrum) are mixed with white oak (Ouercus alba) , blackjack oak (Q. marilandica) , mockernut hickory (Carya tomentosa) , sweet pignut hickory (C. evalis) , northern shagbark hickory (C. ovata) and tulip poplar (Liriodendron, tulinifera) . Subcanopy and shrub species include red cedar (JuniDerus virginiana) , dogwood (Cornus florida) , ironwood (Carpinus caroliniana) , hop hornbeam (Ostrya virginiana) , redbud (Cercis canadensis) , slippery elm (Ulmus rubra) , and possum haw (Ilex decidua) . As with the plant community, many of the animals found here are more typical of bottomland situations than of upland habitats. The woodcock (Scolooax minor) , red-shouldered hawk (Buteo lineatus) , acadian flycatcher (Empidonax virescens) , yellow-throated warbler (Dendroica dominica) , Kentucky warbler (oporornis formosus) , and muskrat (Ondatra zibethica) are all species that would be expected to occur in alluvial or swamp forests but not in a site located at the very head of a watershed. Most noteworthy of these species is the four-toed salamander (Hemidactylium scutatum) , which nests in the early spring under the saturated sphagnum clumps occurring next to windthrow pools; normally this animal is restricted to the vicinity of seepage areas at the junction of a slope and bottomland. Mixed in with this group of lowland animals are species more characteristic of open forests in the uplands. These *I include bobwhite (Colinus virainianus) , yellow-throated vireo (Vireo flavifrons) , ovenbird (Seiurus aurocapillus) , summer tanager (Piranaa, rubra) , eastern chipmunk (Tamias striatus) , gray fox (Urocyon cineroargenteus) , and fence lizard (Sceloporus undulatus) . The presence of these species, along with the frequency of hooded warblers (Wilsonia citrina) , scarlet tanagers (Piranaa olivacea) , white-breasted • nuthatches (Sitta carolinensis) , and box turtles (Terraoene capolina) , additionally attests to the maturity and extensiveness of this tract of forest. Protection Status: Duke Forest multiple use lands Surrounding land use: N: Forest, agriculture E: Forest, clearcut, and landfill S: Forest, residential w: Residential, Old NC 86 Threats: Immediate: Timbering Potential: Possible impact on Cornus racemosa site by expansion of Old NC 86 Recommendations for management or protection: Deserves complete protection as natural area; should be registered 1 with NC Natural Heritage Program. Ownership: See Appendix A 150 .T. • 130 ORANGE COUNTY NATURAL AREAS SURVEY. SITE DESCRIPTION. Site name: Eubanks Road Montmorillonite Forest Site number: N04 significance: 3 - County High . Integrity: 3 - Good Threat Status: 4 - Slight • • Location: North of Eubanks Road (CR 1727) ; west of Chapel Hill Municipal Landfill. . USGS Quad: Chapel Hill Approx. acreage: 8 Jurisdiction: Duke University; Rural Buffer Reasons for significance: The community type is upland montmorillonite forest, an unusual habitat characterized by xeric tree species growing on an impervious montmorillonite clay. General description: The forest at this site is an unusual combination of hardwoods, dominated by post oak (Quercus stellate,) and blackjack oak (Q. marilandica) . The underlying soil, of Enon series, has a high shrink-swell capacity and forms an impervious clay layer. The canopy is stunted and rather open, and contains not only the post and blackjack oaks but also white oak (Ouercus albs) , willow oak (Q. phellos) , mockernut hickory (Carve tomentosa) , pignut hickory (C. glabra) , and scattered loblolly pines (Pinus taeda) . Red cedar (Juniperus virginiana) is particularly abundant in the subcanopy, along with sourwood (Oxvdendrum arboreum) , red maple (Acer rubrum) , and black gum (Nyssa svlvatica) . The herb layer is extremely sparse, consisting of such trailing vines as cow itch vine (Campsks radicans) , virginia creeper (Parthenocissus, quinouefolius,) , and Japanese honeysuckle (Lonicera -iaponica) , along with broomstraw (Andropogon sconarius) . Sphagnum moss is common in small depressions that retain surface water after rains, but the.overall dry nature of the site is demonstrated by the presence of reindeer lichen (Fladonia sp.) . These types of forests with the stunted, open canopy of post oak and blackjack oak are very uncommon in North Carolina, where they are restricted to the Piedmont, on soils of Enon, Iredell, or similar series. This site in the Blackwood Division of Duke Forest is, an excellent example of • this type of Montmorillonite Forest. Protection Status: Duke Forest multiple use lands surrounding land use: N: Agriculture ' E: Landfill S: Forest ""r W: Forest • 152 • II . 4v• 3 131 Threats: Immediate: Timbering; expansion of Eubanks Road Landfill onto Duke Forest property. Potential: Same Recommendations for management or protection: Maintain as a natural area and protect against threats of landfill expansion and timbering. Ownership: See Appendix A Documentation References: None 153 ] . '132 t ' 1 IV. PROPOSED LAND CLASSIFICATION SYSTEM 1 . In order to implement the policy recommendations for Duke Forest lands , the LRC has devised a system for designating Forest lands 1 according to four classifications with respect to future land use. ' This proposed land classification system creates a frame- work for resolving differing institutional priorities, wherein , 1 some, cases choices must be made between preserving Forest lands in their current state or committing them to alternative uses which will support other institutional programs within the Uni- versity. The four land classifications are defined as follows: Class 1 - Permanent Research Forest JI ' Class 1 property includes lands most intensively used for academic and research purposes. These lands will be dedi- cated for academic purposes for a period of 50 years. It is 11 expected that, prior to the expiration of this period, the University will again review the appropriateness of this designation. jiClass 2 - Research Project Land Class 2 property will remain in its present forested state and continue to be used for current research and teaching activities. However, because these areas have less inten- sive academic usage at the present time, and research and I teaching may or may not be their most appropriate use over the long term, the LRC recommends that they be treated separately from Class 1 land. Any proposal that would effectively lock in land use for more than five years, for 1 . example long-term ecological research or institutional expansion, would be made only after a proper deliberative review of all competing considerations by the Duke Land 1 Resources Board, the cognitive management entity (see Sec- tion V/) . Such review would be presented to and passed, by the Board of Trustees, and if approved would result in the ii reclassification of the affected property to Class 1 , 3, or 11 4. Class 3 - Institutional Use Land IClass 3 property includes lands designated for campus expan- sion or other institutional use. These lands will no long- er be considered part of Duke Forest, although they may 11 remain wooded for an indefinite time period. No Forest-re- lated research projects will be initiated on these lands without proper deliberative review by the appropriate man- 11 agement entity (see Section VI) . Existing Forest-related research and teaching activities will be gradually phased out or relocated to other suitable areas. 11 11 14 _ _ 133 I Class 4 - Residual Endowment Land Like Institutional Use Land, areas given a Class 4 deiigna- tion will no longer be considered part of Duke Forest. Unlike Class 3 land, the priority use of these lands will be to generate financial return or other benefits to fur- ther the academic mission of the University. This does not imply that such land will be commercially developed or otherwise used in a manner inconsistent with its current forested state. If a decision were made to commit Class 4 property to a non-institutional use in the future, lease or trade should be considered as well as an outright sale. In accordance with the University's commitment not to permit adverse impacts upon sensitive environmental resources, perfor- mance standards should be formulated for any proposal for alter- native use of either Class 3 or Class 4 land. The Base Land Area maps prepared by WRT will be utilized as the initial source .4 for identifying such environmentally sensitive features as steep slopes, floodplains, streams and unique natural areas. Addi- tionally, forested buffers should be maintained along public roadways such as Route 751 to protect visual quality. 11 11 11 11 11 • lk 15 4 if, — p" —\.-. �" 9g o I! 134 x 0 fr' ..J zy �(�,,"��'. ( a ��� *.9 Wrr 9, Q r {GG4L W �1�� ~ { I CC ^ ' 111111.1.=1. fit!•- - - - - 2 h" 1 , '\ala. .. _ - - . ..... ..•.. 0 .0 \ I m t I - E u.. ,... , I i y z . L ...ow C i9. .....,„ ... , fZ J . , 1'.: O et. . I L.,,. ...1 , O E i, . . . . . .. , . _ 0 . . Q tti 0 • .141 ..1 J Aro* ti op weoy 4mitxtJ EVAUS uaM e, •. O . yea ru mV y O . to4 to « Eig I Tr 'rI ttP ■■ tY M • • t LE- PE , , ,,, .. , m + 1--u-'4 CC °s. rl n------\ a ank b• � W J �"4 s �». V UCC CZ N o WH E - °o DQ = g , • o C12Dot r - 135 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 6..„ 1989 Action Agenda Item # SUBJECT: Z-3-89 TOWN OF CARRBORO - PROPOSED AMENDMENT TO TOWN OF CARRBORO TRANSITION AREA ZONING PLAN DEPARTMENT: Planning PUBLIC HEARING: _X_Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins (SEE ATTACHMENTS FOR LUP-6-89) TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed amendment to the Zoning Plan. for Transition Areas located within the Carrboro Joint • Development Review Area (CAJDA) . BACKGROUND: The Town of Carrboro has requested that the zoning on certain land in the Carrboro Transition Area be changed from the Orange County designation of Rural Buffer (RB) to the Carrboro designation of Rural Residential (RR) . The property is located east and west of N.C. Highway 86 and south of Eubanks Road. The property contains approximately 135 acres. The basis for proposed rezoning is contained in the staff report included with the proposed amendment to the Joint Planning Area Land Use Plan (LUP-6-89) . Provided the Land Use Plan amendment is approved, the rezoning proposal would be consistent with the Plan. RECOMMENDATION: The Orange County Planning Staff recommends approval of the proposed zoning to Rural Residential (RR) and incorporation of that designation into the Orange • County Zoning Atlas. • An Orange County Planning Board recommendation will be prepared on May 15, 1989. The Board of Commissioners will consider the proposal for decision on June 5, 1989. 137 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April A, 1989 Action Agenda Item * D-Z-b SUBJECT: Z-4-89 TOWN OF CHAPEL HILL - PROPOSED AMENDMENT TO TOWN OF CHAPEL HILL TRANSITION AREA ZONING PLAN DEPARTMENT: Planning PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Chapel Hill Planning Staff Report of 4/6/89 Chapel Hill Planning Director TELEPHONE NUMBERS: Memorandum of 9/6/88 Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed amendment to the Zoning Plan for Transition Areas located within the Chapel Hill Joint Development Review Area (CHJDA) . BACKGROUND: The Town of Chapel Hill has requested that the zoning for a parcel in the Chapel Hill Transition Area be changed from Residential-1 (R-1) to Rural Transition (RT) . The property is located south of Eubanks Road and west of N.C. Highway 86. It is known as lot 17A of Orange County Tax Map 24 - Chapel Hill Township. The property contains 169 acres and is also known as the "Greene" tract. On June 30, 1988, a Joint Public Hearing was held to consider municipal recommendations for zoning in Transition Areas. The zoning designation advertised and discussed for this parcel at the hearing was Residential-1 (R-1) . On August 22, 1988, the Chapel Hill Town Council made a final recommendation of Rural Transition (RT) zoning for the property. When the RT recommendation came before the Board of Commissioners on October 3, 1988, the Board deferred application of RT zoning to the Greene tract upon being advised that the designation had not been part of the legal advertisement for the June public hearing. The Board asked that the matter be placed on the next Joint Planning public hearing agenda for consideration. 138 The basis for the Town Council's action on August 22, 1988 is contained in the attached Chapel Hill. Planning Staff report. The Orange County Planning Staff has reviewed the proposal and finds it to be consistent with the Joint Planning Area Land Use Plan adopted in November, 1987. RECOMMENDATION: The Orange County Planning Staff recommends approval of the proposed zoning of the Greene tract to Rural Transition (RT) and incorporation of that designation into the Orange County Zoning Atlas. An Orange County Planning Board recommendation will be prepared on May 15, 1989. The Board of Commissioners will consider the proposal for decision on June 5, 1989. • , 139 CHAPEL HILL PLANNING STAFF REPORT SUBJECT: Transition Area Zoning DATE: April 6, 1989 This report discusses zoning for a parcel in the Chapel Hill Transition Area of the Orange county/Chapel Hill/Carrboro Joint Planning Area. The parcel is identified as Chapel Hill Township Tax Map #24-17A. It is approximately 169 acres in size, located south of Eubanks Road. It has been referred to as the "Greene" property. Please refer to the attached map. Background This property was purchased jointly by Orange County, Chapel Hill, and Carrboro for possible use as a sanitary landfill. In November, 1987, a Joint Planning Area Land Use Plan was adopted. That plan shows areas surrounding Chapel Hill and Carrboro as "Transition Areas." According to the terms of the adopted Joint Planning Agreement, zoning for transition areas shall be recommended by the municipalities, and reflected on the Orange County Zoning Atlas. Once properties in the transition areas carry municipal zoning, administration of zoning g regulations becomes the responsibility of the municipalities. This property is the Chapel Hill portion of the transition area. On June 30, 1988, a Joint Public Hearing was held to consider municipal recommendations for zoning in transition areas. The zoning designation advertised and discussed for this parcel at that hearing was Residentiall (R1) . In Chapel Hill's Development Ordinance, the R-1 zone is a low-density residential zone, intended to provide for residential development of appropriate intensities consonant with the suitability of land, availability of public services, accessibility to major activity centers and transportation systems, and compatibility with surrounding development. Permitted uses are residential dwellings, child day care facilities, churches, schools, and public use and cultural facilities. Group care facilities are permitted with a Special Use Permit. The minimum lot size is 17,000 square feet. 4' Following the Public Hearing, the Chapel Hill Town Council 140 made a final recommendation of "Rural Transition" zoning for this property (RT) . Chapel Hill's RT district is intended to be applied to land which is used for agricultural, very low-intensity residential, or open space- uses, but which is projected in the Comprehensive Plan for conversion to more intensive urban uses at such time as community services are available and community needs for such uses are present. Minimum lot size in the RT District is 100,000 square feet. Permitted uses include agriculture, single-family and two-family dwellings, churches, child day care facilities., public use and cultural facilities, and schools. Permitted subsequent to issuance of a Special Use Permit are group care facilities, mining, and landfill uses. When the RT recommendation came before the Orange County Board of Commissioners in the fall of 1988, the County Attorney advised that the property could not be rezoned to RT because that designation had not been a part of the legal advertisement for the June Public Hearing. The Attorney advised that another hearing be called. Discussion The definition of the Rural Transition zoning district fits this property. This parcel is in low-intensity use right now, but is projected in Chapel Hill Land Use Plan and the Joint Planning Area Land Use Plan as a candidate for Conversion to more intensive use at such time as needs for such uses are present. Specifically, the land use plans refer to this property as "Potential Landfill, Pending Further Study." This property may or may not be used as a landfill. Before it could be so used, further study would need to be undertaken, State permits obtained, and a Special Use Permit applied for and obtained. The Chapel Hill Town Council, in making the recommendation that the property be zoned RT, noted that such zoning serves to continue to make area property owners aware that the parcel may, at some future time, be used as a landfill. It was noted that the tract may.never be used for a landfill, but that now it is the only publicly-owned possibility. Efforts are underway to search for alternatives to landfilling as a primary means of solid waste management and for additional sites as well. It was suggested that, until • another site is identified, acquired and permitted by the State, full disclosure and notice to the public of the potential use is a compelling argument for RT zoning. Recommendation The Chapel Hill Town Council voted on August 23, 1988 to approve Rural Transition zoning for this property, and to recommend that the Orange County Board of Commissioners so amend its Zoning Atlas. .4j-fi, ... MI am=s1 owl .11 rill. 114 . - .1.4 $ .. f ect -- ;;;;;I"--, ... 4 z 411104"%• • rvans ----- ► w�,.,�oe *tr► Mali r Ct. CD . ‘.. ot,.14 40_ i i. 444 VAN.p \ `1 /III �� _ — �'4�r�iv1 tar N - V Au �41 .0 • ,-..o.� �• ,r.. ►„a•�,-�,�.� W cz 1 1\\ 4 r. i;,A441111.4arin:111 IC°scalgil WIIM • .!! '�,M�l,, . istorW■44F--•L *&1!] .: �'"'` /Ir�r1 ri®� '1 irT•: ii i r ��' •• �� •.► ti ..1r�r �� �' U.,I; Ili] .. o ir�� �'' ,��►•'� OT �.. � ► '�' PIM -: '—_'Ala;•a.~.g:`'�' .�".'--,,��; . • • Ammoreolot: %-- liti 1111.11ifillifla.,bri'"(41410/W% 1 - — AI i. ' ill ■ +1♦"—rot- iiii illsiirasou,,.._ :::c ir ' ,, .p.r.„ 1:1 Re i . -- 11111111111 -\\/ w 4'.141, 1.\ S g Any Wi 1 1 Ilan 1 aillagraIZTAig f, 440416 •, 0 I mo qr li, 1 w 111. • rt y-Abli 1 ,..,,,c1. -. .:........... - ' ,h,- 41.: / \ • • .. .\ :ios .,.....,,,g liar • --""-piiiiiggingiiir... /ini ill, .. ---.,...:...q.. • i / 4. ii ,.....11111=matimik op, 1 ‘T -( ...t 111.railliplew— • ,1 •all••••.04& V �■T �o• �... Iva,4 I • . (...."--j- A'fir,_ r 4 I i I is • TOWN OF CHAPEL HILL 1242 • 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 29514-3699 • Telephone (919) 968.2700 MEMORANDUM To: Marvin Collins Orange County Planning Director - From: Roger Walden Chapel Hill Planning Director . Date: September 6, 1988 Subject: Joint Planning Transition Area Zoning On August 22, 1988, the Chapel Hill Council 'recommended that Orange County rezone the Joint Planning Transition Area from Orange County zoning designa- tions to Chapel Hill zoning designations as identified on the attached map. A copy of the adopted resolution is attached. Please let me know if you have any questions'or need additional information. • • • • :) • I - 22143 AGENDA #12 MEMORANDUM To: Mayor and Council FROM: David R. Taylor, Town Manager SUBJECT: Proposed Joint Planning Transition Area Rezoning - Request for a Zoning Atlas Amendment DATE: August 22, 1988 The attached Resolution A recommends that Orange County rezone the Joint Planning Transition Area from Orange County zoning designations to Chapel Hill zoning designations as identified on the attached map. Resolution B is the Planning Board recommenda- tion. Background On July 11, the Council considered the zoning for the Joint Plan- ning Transition Area. A motion to approve zoning for this area failed by a 3-3 vote. A copy of the July 11 memorandum is attached. Issues Area North of Weaver Dairy Road: The zoning of the area north of Weaver Dairy Road and east of Sunrise Road was discussed. The Planning Board recommends R-1 zoning in this area and the Manager recommends the R-2 designation. The Manager recommends the high- er density zone in an effort to promote more affordable housing. While the 10,000 square foot lots of R-2 would not necessarily produce affordable housing, we think that the 17,000 square foot lots of R-1 would probably preclude it. Potential Landfill: The zoning of the Greene tract, which is identified on the Land Use Plan as a • "potential landfill , pending further study", was discussed on July 11. The recommendation of the Planning Board and the Manager was R-1. Landfills are a permitted use only in the Rural Transition (RT) zone and only with a Special Use Permit. 144 " �3 ' it was noted that this tract may never be used for a landfill, but that now it is the only publicly-owned possibility. The Town is currently searching for alternatives to landfilling as a primary means of solid waste management and for additional sites as well. If the property is zoned R-1 and an alternative site cannot be acquired in time, the 3 owners of the Greene tract--Chapel Hill, Carrboro, and Orange County--would need to have the land rezoned to RT and to acquire a special use permit for the use. If the property is zoned RT now and the alternative site is not acquired, the owners would still need to secure a SUP. Nevertheless, until another site is identified, acquired and permitted by the State, we agree that some sort of notice to the public of the' potential use is necessary. Although the "Landfill" designation on the Land Use Plan remains, we are persuaded that the RT zoning designation may provide a more effective notice than the R-1 designation. Because we believe full disclosure of the possibility . of this t'.r,` property being used for a landfill site is compelling, we believe ) the property should be zoned RT and that a note should be added to the zoning map conveying the same message as on the Land Use Plan. Area next to Brookstone Apartments: Another issue which has re- cently emerged involves the area next to Brookstone Apartments. Both the Planning Board and the Manager recommend that the Brookstone Apartments, an existing apartment complex approved by the County, be zoned R-4. The adjoining property owner has requested that the proposed R-4 zoning area be expanded to in- clude the neighboring tract which was originally a part of the Brookstone .property (letters attached) . The Planning Board recommends that only the Brookstone Apartments be rezoned to R-4. Arguments in favor of an expansion of the proposed R-4 zoning area are that the subject property is adjacent to the multi-family use as well as UNC property and commercial uses, and single-family development. ' able for sin F� therefore is not suit 9 Y Proximity to major roads is good, and the property appears suitable for multi-family development. The adopted Land Use Plan calls for high-density residential development. Arguments against an expansion of the proposed R-4 zoning are ., that access to the site is a concern. Access would be from Homestead near the Airport Road intersection. Existing zoning of this property by Orange County is R-1 (low density residential) . . �. 145 3 24 Recent Town policy has been n° appropriate high-density for residential affordable zoning. The property may housing, and this is a good reason for higher-density zoning. However, zoning for higher density .now may be premature. A later rezoning would remain an option for the future. On balance, we believe the characteristics of the site that make it suitable for multi-family housing and the Land Use Plan designation weigh in favor of rezoning to R-4. Recommendations, Planning Board Recommendation: On March 1, 1988, the Planning Board considered the proposed Joint Planning Transition Area re- zoning in accordance with the Joint Planning Agreement (JPA) . The Planning Board's. recommendation differs from the Manager's recommendation in the following areas (refer to attached maps) : Area North of Homestead Road and West of Airport Road: The Plan- ning Board recommended that the area north of Homestead Road, west of Airport Road, and east of the railroad tracks (excluding the Northwood neighborhood) be designated as R-1. The Planning Board discussed the idea of including Residential-2 along the west side of Airport Road. However, the Board voted to recommend • the R-1 designation in this area. The Board recommended approval of Resolution B. The vote was 5-4. • Manager's Recommendation:, We recommend that the Council adopt Resolution A recommending that Orange County zone the Transition Area as identified on the attached map. This differs from the Planning Board's recommendation in four ways. Resolution A in- cludes the Residential-2 zoning designation for the area north of . Homestead Road, west of Airport Road and east of the railroad . tracks (excluding the Northwood neighborhood) . We also recommend that properties north of Weaver Dairy Road be zoned R-2. We believe these areas are appropriate for R-2 zoning. These areas are identified on the Land Use Plan as a mix of low and medium density residential uses. We recommend the assignment of R-2 zoning as a bridge between these low and medium density designations on the Land Use Plan. The higher density R-2 designation will help to encourage more affordable housing and facilitate the use of public transit. • • 202 .i z 146 25 = We • recommend R-4 zoning for the property next to Brookstone . Apartments, given its suitability for multi-family development. we recommend zoning the Greene tract RT and designating it as "Potential Landfill" on the Zoning Map to provide full disclosure that this is a potential landfill 'site. Procedurally, the Council's recommendation will be transmitted to orange County following adoption. The Orange County Planning Board will also be making a recommendation; both recommendations are expected to go to the Orange County Board of Commissioners on September 6, with final •action possible on that date. In taking this zoning action, the Board of Commissioners will be taking the last step necessary . toward implementation of the new Joint Planning Agreement. Summary Four (4) areas have been identified for special consideration in the previous discussion. The following chart summarizes the recommendations of the Manager and Planning Board for. these areas. These areas are identified on the attached map labeled "Areas of Discussion." 1:1) Resolution A Resolution B Manager's Planning Board's Area Recommendation Recommendation 1.• Area North of . Weaver Dairy Rd • R-2 R-1 2.. Greene Tract (Potential Landfill) • RT R-1 3., Area next to Brookstone Apartments R-4 R-2 4. Area North of . Bomestead Road and West of Airport Rd R-2 = • R-1 • - - �,--- •= .. �=.::, Q 14 7 26 •• �. _ __ .I ♦ • II yJ fA........ . small p., 7 ,..........:_ ..~max: r v1•∎ •••.• GC �h7•soft Vim` . .ice W .wi a� 4. N LY. d lip • in IV rt • :-_ :gam-_ 4 ► �• le; a. .., ly 4.--Awe i......a iii. \‘‘ • So lui• ai A _ --- `►- . �ll ikal �a4*1► �rl�r+5+�pros N�1"'p�� ��� _ o rim. siticezra:.-pievAil = won- i vim iiii N.-. 4 • „......,......' web ow :=13,:auils if r.. 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S371Al��S zr� VAN 1• r • .... . ..... . its . • •• • ' , �.. ..�1 /may •, •' •I 148 k zi • RESOLUTION A Manager's Recommendation • A 'RESOLUTION REZONING PROPERTY IN THE JOINT PLANNING TRANSITION AREA (88-8-22/R-6a) WHEREAS, Chapel Hill, Carrboro, and Orange County adopted a Joint Planning Agreement on November 2, 1987; and 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; and 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 RESOLVED by the Council of the Town of Chapel Hill that the Council approves the proposed' rezoning for the Joint Planning Agreement Transition Area from Orange County • zoning to the Chapel Hill zoning designations identified on the attached maps and recommends 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 22nd day of August, 1988. • • I . ....... _. \. •I •- •I_-_._iI 1 i..0i:i 6111-11111 I 1I 111 1 •• -.-.J . ...•-';:fg,'a..... ,,.::•:::.*0,;.-'--4•..;.:....;..... :.z..;.::._-..„:;.:;f.::::;.:.:.;i:t;1:r-II.I V•.0..,1 %4 C' ; 7• •:• 4 I:\,/9r.• z p0.4 ,... 14 9 4 —1 , N . N , r 2 . it i./ 4t f 1to . • csi til1.4 1... .... .... ,.."'" ""' ''. ' ''1,:::::::::: .T., •. .• 1 id6rific • ri■ = ...A; ii;74 : iC7..!..... :j . .iA1 to 4 c.: ,...,•-.... ‘.. I:- 0 ) •• MO • -••.-•- -.........-.N.;::. "E".7 A GO CD C4 2 C4 4-• ty, c .-- v■-- ts ct vi,711 ../ in ci ...I „,, IS‘Voiri01 ■''a-*'.."'4.:.;'. '*"" p".•;"3.;:::::::;:??.'?Ag:). -* t • .. it 0 3.0d. • ...' •:::.:::•:.:•,:!•Prx.":".. .. .•- . 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Z 1.4 151 30 RESOLUTION B Planning Board Recommendation A RESOLUTION REZONING PROPERTY IN THE JOINT PLANNING TRANSITION AREA (88-8-22/R-6b) WHEREAS, Chapel Hill, Carrboro, and Orange County adopted a Joint Planning Agreement on November 2, 1987; and 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; and WHEREAS, the rezoning of the Chapel Rill Transition Area proper- k ties, as shown on the attached maps, would achieve the purposes of the Comprehensive Plan; NOW, THEREFORE, BE, IT RESOLVED by the Council of the Town of Chapel Bill that the Council approves the proposed rezoning for the Joint Planning Agreement Transition Area from Orange County zoning to the Chapel Hill zoning designations identified on the attached maps and recommends that the Orange County Board of Commissioners adopt this Zoning Atlas Amendment, such amendments being necessary to achieve the purposes of the Comprehensive Plan. 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P t , I • P Z23, ell11S- 4 L \\C C-__ 0-75N i April 6, 1989 Orange County Commissioners Chapel Hill Town Council Carboro Town Council Planning Board Members Dear Commissioners, Councilmen, and Planners: The Stoneycreek Neighborhood Association (SNA) called a meeting 3 weeks ago to discuss the proposed Land Use Plan changes and has asked me to present the following unanimous concerns. We are surprised you are even having this public hearing to consider changes to the Land Use Plan. You and the community worked together almost 3 years to craft a Land Use Plan that guarantees the organized and logical development of Southern Orange County. We expected this plan to be a zoning guideline for at least 5 to 10 years. Now, in less time than it took to craft the original plan, changes are being considered. If the plan is going to be changed so quickly for small pocket interests, then it ceases to be a Land Use Plan and simply becomes an extension of the zoning process. We want to address the proposed land use changes for the Rural Buffer at the I-40 and New Hope Church Road interchange. The Rural Buffer is a bold and brilliant component of the Joint Land Use Plan. We know you worked hard to establish the Buffer. You have even hired consultants this year to find ways to strengthen and enhance the Rural Buffer. Any changes proposed for the Rural Buffer should be designed to strengthen and enhance it. However, the changes that have been proposed tonight do not strengthen the Rural Buffer. They punch a hole in the middle of it at its most vulnerable point. If approved, we are afraid these changes will be the initial leak that will destroy the dyke. If you must consider threatening the fabric of the Rural Buffer, it should be for the sake of an urgent requirement that benefits a significant portion of the county and that can be located nowhere else. However, the changes that you have presented tonight fall way short of being urgent, benefiting a significant portion of the county, or being unlocatable elsewhere. We, the members of the Stoneycreek Neighborhood Association urge you to consider two points: (1) Only change the Land Use Plan on a 5 to 10 year cycle. With any more frequent cycle, you cease to have a true plan. -2- (2) Do not punch a hole in the Rural Buffer that you have worked so hard to establish for the sake of trivial uses easily located outside the Rural Buffer. We thank you for this opportunity to present our views. Sincerely, eg,"4, Clinton E. Burklin Chairman of SNA Committee on County Planning Activities CEB:hgr/105 ►' e THE ORANGE COUNTY DEMOCRATIC PARTY PLATFORM as amended and adopted in convention on April 9, 1988 PREAMBLE The Orange County Democratic Party believes the pose of government is to guarantee the greatest possible freedom for all people. To this endd the government must strive for a world at peace, maintain an adequate defense, maintain fair police and justice systems, and foster a climate in which all people are fully able to use their abilities and have access to the means to satisfy all basic human needs. The platform of the Orange County Democratic Party, based on these principles, makes the Party's views on issues known to the public, our representatives, and candidates. We expect candidates to make their stands on these issues paiblic so the voters may more easily choose the candidates that best represent their interests. Although we address specific points to local, state, or federal levels of government, we believe all individuals, as well as governmental bodies, should work toward the implementation of these principles. I. HUMAN RIGHTS AND JUSTICE The Orange County Democratic Party believes that every citizen regardless of age, race, sex, religion, national origin, sexual orientation, economic status, or disability is entitled to equal protection under the law, to equal access to the benefits of our political and economic system, and to equal access to our courts. We support efforts to integrate individuals with handicaps into the community and workplace. We repudiate the racist and violent activities of the Ku Klux Klan and other extremist groups. Constant vigilance is necessary to protect our constitutional rights against attempts to undermine or ignore them. LOCAL a) The Orange County government should grant broad responsibilities to the Commission on Human Rights to study problems and make recommendations which should be promptly considered by the governing bodies concerned. b) County and municipal governments should support equal opportunity and affirmative action programs. c) County and municipal officials should encourage the use of dispute resolution centers as an alternative to the courts. d) County and municipal officials should assure the accessibility of public buildings and polling paces to persons with handicaps. e) County and municipal officials should enact and enforce ordinances preventing the use by unauthorized persons of designated handicapped-parking space in public and private lots. STATE a) The General Assembly should pass an Equal Rights Amendment to the North Carolina Constitution. b) The General Assembly should abolish the death penalty. c) The state government should support and adequately fund equal opportunity and ro affirmative action programs. li d) The General Assembly should repeal statutes G.S.14-184 (cohabitation of unmarried persons) and G.S. 14-177 (so-called crimes against nature). e) The General Assembly should enact legislation to control more strictly the availability of hand guns and plastic weaponry. f) The state should encourage greater use of probation, fines, restitution, and community service for nonviolent crimes. Alternatives to incarceration should be explored. 1 , ;) The General Assembly should improve conditions in our prison system. These improvements should include physical facilities; better training for correctional employees; higher pay coupled with higher qualification standards to attract workers to the corrections field; increased funding for educational and vocational programs for prisoner rehabilitation; and conjugal visits. The state should assure the same quality of fadlides and training opportunities for male and female prisoners. FEDERAL a) The federal government should strengthen and stringently enforce the Voting Rights Act. b) An Equal Rights Amendment should be added to the Constitution. c) Congress should pass legislation giving the immigration status of "extended voluntary departure" to undocumented Salvadoran and Guatemalan workers, thus preventing their deportation. d) The administration should enforce compliance with affirmative action and equal opportunity programs, and withhold all funding from institutions not completely in compliance. e) The federal government should ensure that the civil rights of prisoners are respected and that prisoners are treated humanely. f) Congress should oppose further cuts or restrictions on legal service programs and should restore funding to the level required to provide services to those who need them. g) The President should issue an executive order barring discrimination against lesbians and gay men. IL PLANNING, DEVELOPMENT AND GROWTH The Orange Coun Democratic Party supports municipal, county, regional, ands to �2Y planning to meet the cenge of population growth and economic development in the coming years while maintaining the unique q�iality of life in Orange County. We support balanced and appropriate economic growth to provide jobs and an increased tax base. • LOCAL tv a) County and municipal governments should adhere strictly to land use plans in approving tt development projects to assure minimum disruption of existing neighborhoods. b) County and municipal governments should provide for adequate water supplies and protection of those watersheds. c) County and municipal governments should continue a use-value tax structure to preserve • agricultural use of land. d) County officials should promote purchase of development rights as a way of encouraging agricultural� p ursuits. e) County officials should act to protect natural resources and historic sites within Orange County. 0 County officials should continue to support the Orange County Planning staff's proposals -7 to control development along the 1-40 mute. g) County and municipal officials should provide adequate recreational facilities, including fpublic parks, greenways, and bikeways, and require developers to provide recreational acilities in conjunction with new projects. h) County Commissioners should facilitate the construction of new and reliable types of on- site sewer systems in areas of the county where conventional sewer systems are not practical. 2• i) County Commissioners should locate a site in northern Orange County for an industrial environment l rezone it with protective measures to accommodate site needs while meeting )Oranety Coun�Commissioners Orange County establishment and Durham,transportation within Research Triangle Park. g Raleigh, County and municipal authorities should work together to produce and implement rational thoroughfare plans that keep pace with area growth. 1) County and municipal authorities should encourage construction of low and moderate income owner-occupied and rental housing. III. ENVIRONMENT The Orange County Democratic Party supports policies which guarantee clean water, clean air, and other elements of a safe and attractive environment. We expect our elected officials to ensure that industrial, commercial, agricultural, and residential development does not lower the j quality of the environment. We support research by public and private institutions into the , causes and cures of pollution. LOCAL a) County and municipal governments should identify and preserve natural, open spaces for scenic, educational, and recreational pleasure. b) County and municipal governments should set aside natural habitats for the protection of wildlife and plant life. STATE a) State officials should protect our land preserves, waterways, seashores, and wetlands from the ill effects of pollution, dumping, inappropriate development, mineral extraction, and dredging operations. b) State government should establish a comprehensive program, with adequate regulatory authority, for dealing with all aspects of hazardous waste. c) The state leg�'slature should repeal the "handcuff" laws (Hardison Amendments: G.S 143-215.107(f); G.S. 130-166.21D(b); and G.S. 143-215(c)) which prevent state environmental regulations from being more comprehensive or restrictive than the federal EPA standards. FEDERAL a) The federal government should act on the problems of acid rain and contamination of the seas by toxic and nuclear wastes. Our representatives to the United Nations should urge action on these problems by that body. b) The federal government should provide financial support for alternative energy sources such as active and passive solar energy, energy conservation, load management for electrical power consumption, and basic research into energy problems. c) Congress should repeal the Price-Anderson law limiting liability on nuclear power accidents. d) The federal emergency planning zone around operating nuclear power plants should be extended from the present 10- to a 25-mile radius. Emergency plans should provide an early warning system for towns and counties, adequate radiation monitoring, and evacuation planning for residents within the designated area and in those municipalities falling in whole or in part within the 25-mile zone. The cost of emergency planning should be paid by the utility company involved. e) The federal government should work toward an orderly phase-out and shut down of all nuclear power plants, starting with the most costly and hazardous ones, and their 3 replacement with conservation measures and/or conversion to alternative energy sources. • f) The Nuclear Regulatory Commission should not limit local government participation in the planning and testing of evacuation procedures near nuclear power plants. g) The federal government should not restrict states from enacting stricter environmental regulations than under federal standards. h) The federal government should grant states the right to veto the location of nuclear power plants within state borders. IV. EDUCATION The Orange County Democratic"Party considers education to be a primary concern at all governmental levels. We support initiatives at the state and local levels to upgrade and equalize the quality and standards of our educational system. Financial and nonmonetary incentives should be provided to keep excellent teachers m the profession. LOCAL a) Local government agencies should establish early intervention programs beginning at birth for children who are educationally or developmentally at risk. b) School systems should follow federal mandates to promote mainstreaming students with handicaps. c) School systems should address student problems such as dropout rate, alcohol and drug abuse, and teenage pregnancy and parenthood. d) Adult literacy programs should be available county-wide. e) School systems, working with other local resources, should provide information to help students prepare for a world of rapidly changing career options. fl School systems should adopt master teacher and career ladder programs, so long as these are implemented with safeguards such as peer review and a tenure track for teachers not electing the career ladder plan. STATE a) The state should assist local systems with capital improvements. b) The General Assembly should provide flexibility in the use of state funds by local systems, since the needs of students can vary from school system to school system. c) The General Assembly should take steps to remedy the embarrassingly low salaries paid to teachers and other educational personnel. d) The state should provide adequate funding for locally operated adult literacy programs. e) The state should work toward reducing the student-teacher ratio. f) The state should establish and coordinate with local communities early intervention programs beginning at birth. FEDERAL a) The federal government should'expand undergraduate and graduate scholarship and loan programs for teacher preparation. b) The federal government should fund educational research. c) The federal government should assure free access to appropriate educational opportunities for the gifted and persons with handicaps. d) No action should be taken that undermines constitutional provisions for the separation of • 4 •church and state. There should be no constitutional amendment or legislation establishing institutionalized prayer in public schools or allowing tuition tax credits for private schools. e) The federal government should expand its contribution to public education. f) The federal government should assure readily available grants, scholarships, low-interest loans, and work-study options for students on the basis need. V. HEALTH AND HUMAN SERVICES The Orange County Democratic Party supports policies which assure that a full range of health care and human services and education in promoting health are available to all people in the nation. LOCAL a) Orange County, with state support, should provide community "wellness" centers to assist the elderly with problems of physical and mental health. • b) County officials should ensure that information about birth control and pregnancy options, including abortion, is readily available in all health care facilities and other appropriate locations. c) County officials should support hospice care as an option for the terminally ill. d) Local officials should develop a comprehensive policy to deal with the AIDS epidemic including education, funding for local AIDS service organizations, and availability of condoms and spermicides in all health care facilities. STATE a) The state should provide a mechanism for the training and licensing of midwifery health care professionals. b) State-licensed primary health care providers should make information available on the risks and benefits of various birth options. c) The state should require employers to inform employees of the identification, potential hazards, and recommended safety procedures for all hazardous substances manufactured, possessed, or used in the workplace. d) The state should ensure that the public and public officials are informed of the identification of health hazards associated with the manufacture, possession, storage, and transportation of hazardous substances and wastes in the community. e) The state should allocate sufficient funds to local agencies to enable them to provide appropriate services to mentally ill and other deinstitutionalized persons who are returned to the community. f) The state should encourage affordable and accessible licensed and monitored day care for children of parents employed outside the home. g) The state should ensure that funding is available to support "wellness" centers in the local community. h) The state should restore full funding of the state abortion fund without restrictions. i) The state should require that all public health facilities provide a full range of information about birth control and pregnancy options. j) The General Assembly should develop a comprehensive AIDS program that would include education, voluntary and confidential testing, funding for local AIDS service organizations, and availability of condoms and spermicides in all state health facilities. k) The General Assembly should increase funding for free, confidential, HIV antibody testing 5 in all local health facilities in the.state to ensure that everyone who chooses to do so can be tested. FEDERAL a) The federal government should assure provision of decent public housing for those who are in circumstances where private housing is beyond their means. b) The federal government should assure provision of decent, affordable, and accessible health care for those who need it through Medicare, Medicaid, and other programs. c) The federal government should provide the funding necessary to support Medicare and Medicaid benefits in full for those who need them. d) The federal government should provide a catastrophic health insurance policy for all citizens. e) The federal government should increase funding for AIDS research and improve the national AIDS education program to include all options for protection against AIDS infection. f) Congress should ban the use of involuntary lie detector tests, and involuntary tests for HIV antibodies as an unwarranted invasion of privacy and an infringement of civil liberties. VI. POLITICAL SYSTEM The Orange County Democratic believes that the political process on all levels should be fair, equitable, honest, and open to all. LOCAL a) The County Commissioners and municipal governing bodies should publicize openings on local boards and commissions, acknowledge applications, and advise applicants how long applications will be kept on file. b) The Orange County Board of Elections should maintain a large pool of special registration commissioners. c) All elected officials, and appointed officials in high policy-making positions, should be required to disclose annually property or business holdings and sources of income which may significantly affect their judgment in office. STATE a) The General Assembly should eliminate second primaries in contests where the leading candidate receives at least 40% of the first primary vote and has a vote total at least 5% greater than that of the nearest opponent. b) The General Assembly should revise state bribery laws so that public officials will know precisely what conduct is prohibited. Officials should be required to report immediately to law enforcement officers any contact which could be construed as a bribe attempt. FJiUERAL a) Government officials should not prevent the free exchange of information relating to the activities of government, except as absolutely necessary and dearly spelled out in law. VII. ECONOMY The Orange County Democratic Party believes that our economic system should reward initiative, impose an equitable tax burden, assist the disadvantaged in improving their economic standing, make efforts to stem the tide of "feminization of poverty,'' protect all Americans from the ravages of inflation, and strive for a balanced budget. We support the concept of equal pay for jobs of comparable worth. We call for elimination of gender bias in Social Security benefits, pensions, and insurance rates and benefits. 6 r LOCAL a) County and municipal governments should regulate the conversion of rental units to condominiums. STATE a) The General Assembly should revise income tax laws which unfairly burden those with the lowest incomes. b) The General Assembly should repeal the sales tax on food and medicine. c) The General Assembly should eliminate the ceiling on the amount of sales tax paid on any one item. d) The General Assembly should lower the limit on interest rates and other charges for credit card loans and other loans. e) The General Assembly should s enabling legislation to permit local regulation of conversion of rental units to condominiums. f) The General Assembly should repeal laws allowing utility companies to bill their customers for construction work in progress (CWIP). FEDERAL a) The federal government should reduce military spending, in part through better management. b) Congress should extend tax reform measures, giving special attention to the elimination of remaining loopholes for the wealthy. c) Congress should expand the wage base subject to Social Security and bring all government employees, government officials, and military personnel into the system. d) The federal government should revise the indexing formula for entitlement programs to reflect more accurately the burden of inflation. e) Federal agricultural programs should be directed to the protection of the family farm, particularly by setting an upper limit on aid available to any single farm or farmer. VIII. SCIENCE AND TECHNOLOGY The Orange County Democratic Party recognizes the importance of the development and peaceful uses of outer space and supports continuation of the civilian space program mdependent of the military. We support peaceful cooperation among nations to explore and preserve the polar regions and the seas. FEDERAL a) Congress should implement the recommendations of the National Commission on Space which outline the goals for the National Aeronautics and Space Administration (NASA) over the next 50 years. b) Since the Strategic Defense Initiative ("Star Wars") as proposed is cpensive, inadequate, and counterproductive to its stated goal of p moting peace, the federal government should eliminate all-portions that go beyond surveilll promoting c) The United States should seek and abide by international agreements to outlaw use of outer space for weapons purposes. d) The United States should support renewal of current provisions of the Antarctic Treaty. e) The United States should ratify the Law of the Sea Treaty. 7 • f IX. FOREIGN POLICY The Orange County Democratic Party believes that the United States foreign policy should preserve the security and welfare of the United States, promote peace and sperity in the world, and strengthen the international framework to facilitate the inevitable towards "One World." The principles which guide our conduct of foreign affairs should include creative, non-violent alternatives in place of force or the threat of force; and a respect for human rights, for the world's environment, for international law and the right of peoples to self-determination. FEDERAL a) The United States should take advantage of any major reduction in tension between the U. S. and the Soviet Union to work with the Soviet Union to reduce those conflicts in the Third World in which either or both superpowers have influence. b) The United States should continue to negotiate with the Soviet Union and other nations to halt the development, manufacture and deployment of nuclear, chemical and biological weapons. The ultimate object should be the destruction of all stocks of such weapons. c) The United States should continue to negotiate with the Soviet Union and other nations a decrease in conventional weapons so that a nuclear deterrent no longer will be necessary to balance superior Soviet conventional forces. d) Congress and the executive branch should honor each other's respective roles in the conduct of foreign policy as set forth in the United States Constitution and in relevant laws, including the War Powers Act. • e) The United States should work to strengthen the United Nations and the World Court by referring disputes to them, by abiding by their decisions, by according them more authority, and by assuring adequate financing. f) The United States should work within established international economic organizations to settle trade disputes and strengthen ties. g) The United States should support indigenous efforts of Central American nations to negotiate peace in the reg�ion. The United States should withdraw its military presence and ban public and private shipment of arms to the area. h) The United States should advance the cause of peace in the Middle East by supporting peace conference between Israel, the Palestinians, and neighboring Arab states; by restricting the supply of weapons to all Middle Fast nations; and by supporting efforts of international bodies to negotiate settlements in the Persian Gulf, Lebanon, and other trouble spots. i) The United States should exert strong diplomatic and economic pressure on the South African government to end apartheid and should support a U. N. resolution condemning the practice. l) The United States should cooperate in long-range multinational efforts to promote a stable, healthy relationship between people and their environment, to help prevent chronic drought, desertification, and famine worldwide. 8 a- .. __ 1 1 . ENV MO 77 lc . . 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Chapel Hill , NC 27514 April 6, 1989 Orange County Commissioners Hillsborough, NC Dear Commissioners: There are undoubtedly going to be numerous attempts to undo the carefully laid plans of the Commissioners, Planning Board and other people who have successfully drawn up a comprehensive Land Use Plan for Orange County and to fragment/penetrate the Rural Buffer which is part of this plan. ._ Such an attempt is now before you with the proposal of the Envirotech people to build a gas station/convenience store at the 1-40/New Hope Church intersection. I believe that two basic questions must be addressed by these developers before you should even consider their proposal : 1. Why is the gas station/store needed? There are adequate facilities nearby, particularly with the new center being planned near Old B6 and I-135. Who wants the facility, other than the developers? 2. Why should the Land Use Plan and Rural Buffer plan be abandoned? What overriding circumstances justify putting this facility within the Rural Buffer? � | Unless Envirotech can clearly answer at least these two ! questions to everyone's satisfaction, I personally see no reason for considering - let alone approving - their proposal . I hope that there are not political considerations which will affect the ( decision of this proposal . Sincerely, ~ ~_-_ _ Roy��. __, ~ -��~Roth • • Protect our Rural Buffer III 1 . v•- . . , • . , - _ I u 1 t 4 a 4 1 * I 4 1 ` %. I 4 4 4 - 4 4 an preserves the Rural Buffer. . Na , e Address _ Cit. ._ " . Poe _ ,,.._ 1 ii .,... : , ..... „ ___ _..„ _ .. , . . ,_ . ; . , _ 2 1r ase AO • PC B 96 7e/ c.503.er-e) 272 73z.— 60,1) 3. i_ii,,," ,,„ I if 4 e ' 411' , '° e.oe3e_ae, - -- a. ci-i ,• ?->tettei4e41_ ao, e_,Rce ".4,,Avqc 3. ataf4vrt c-6 l 1 0-0404.-a-a Or- c 4 1.1,4:4# rt5vit,_.3., ar 131 (..) 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Protect our Rural Buffer III We strongly support the Town and County zoning which provides for and preserves the Rural flutter. Name Address Phone aggiaryiratim 7sirrairt - .4,7411177 2-&/IZAWr/fri4exized /goeP z'a52-/f.'/Pee 4 Dcoro Berttker Q561 ne Noce CA 5_ 74,441- (DAvzi) 1(44/DT) It"-A mese 124re c NM /tic ,273476, 1371.11.1?f ft "So ‘\1 64\6 , -t0*■•*5111`,:a4( r1/55-: 7 'Dick-LI. RatS -xvi-. 51vtia.) %4411 C-6.04 141'11 fiN1,( 9(ot-ogaz, - 01123 111;-A-1 iikkuck, cbaphail k)c 2,174*0 q -5-cfcrio n cvo-vm/o/ Co/c 44.,b / r." 12 A A.A..% (13,-t (.1. attsVoreou..s,Lk Ifte, :8 ) c‘i rNe:Y eta". Fe-1 Vr‘e,Atil,,,,,„1_, a ,ticA 1.bl.'"44 2;f■ , .1 • r.e.5-(4 et C:73-1 s LI 136) a. A/c- 275-na 6 -32733 16 .17 18 19 20 21 22 • 23 24 25 26 ,zz 28 29_ 1.0. 31 3Z 33. 36_ 37 39 40 Protect our Rural Buffer III • s ... _ u • • 4rt t 4 • _ 4 n ,nd • 1. _.•.1.1.1.1 ... • "c.. • • *. 4 es for and preserves the Rural Buifgr, liaise Address City Zip Phone I I*,65-re-i) (0 I ,A,,,c 6407 Ai lf #056-- ge."4, 01(1443.4 I f 4 Y f,7rd • Ara-/el- 9V-1. °94' 1 Itr muta,,,,— , ,, a_i b,,y c.4.. cij /4/7, A/ c vie-241 I 3 ,A F30,r-Fo, .2._ ? 993-2333 a A. 1 dol,vf_ Flcoh.,, rAjl. P-4 6 /6.ea 6 Oft44147 Ail 0t?S`f6-, 6 4 8.)/LAttieL s - he cHr Aic 27671- 47z ci ftf'n efuict U'il C .- ' NI' II ik)Ca71 ca. 11-1-3-z.42 144"Y 41* C-)'(11-1L4 149 .1., 1 Vilzie ii-'4 c- -- ,--e--- -2- 7-- Zs _trin,A . i A f-I-e I e .k-c.) p I o i .23 /5-- i'.- "))14 ,S...,,,,az P.,.( Chap:alai! Ax .2 4-Ay 1-1.- cieltZ7-' • Ine' 01,04.4"-X Ea.e Cl . 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'I ' 4 • 9-- -- -, ,t vis icil, ch 7,,,- kilA (7:7,0 n at ' . , 6o5 Airpol4 la. auftt 141-11 ivc, 2'7 5.I A: 14 g;a4:. 9;4, . i 167 .3 1 Cal(4 (AMC 5"\- CAI 21511't q3"5 SITict 1 1 37_ Aerificipit irf( t2r4-13= 113 ge106?Cis.4 Ck 2.1.5-1E, "(ca.-6 62 t:;) 31 Vavid- 0.,,,e, rag ft/020 bIW4I s-730 A/c 45Z. OA *4-4 cP r) S',y 4.0--2 g el 7 i MAC 1 "( 0c)- 266146ta0 -41A.4e encYx.oa. 96 ) ic,o (G) April 6, 1989 Orange County Commissioners Chapel Hill Town Council Carboro Town Council Planning Board Members Dear Commissioners, Councilmen, and Planners: The Stoneycreek Neighborhood Association (SNA) called a meeting 3 weeks ago to discuss the proposed Land Use Plan changes and has asked me to present the following unanimous concerns. We are surprised you are even having this public hearing to consider changes to the Land Use Plan. You and the community worked together almost 3 years to craft a Land Use Plan that guarantees the organized and logical development of Southern Orange County. We expected this plan to be a zoning guideline for at least 5 to 10 years. Now, in less time than it took to craft the original plan, changes are being considered. If the plan is going to be changed so quickly for small pocket interests, then it ceases to be a Land Use Plan and simply becomes an extension of the zoning process. 4 We want to address the proposed land use changes for the Rural Buffer at the 1-40 and New Hope Church Road interchange. The Rural Buffer is a bold and brilliant component of the Joint Land Use Plan. We know you worked hard to establish the Buffer. You have even hired consultants this year to find ways to strengthen and enhance the Rural Buffer. Any changes proposed for the Rural Buffer should be designed to strengthen and enhance it. However, the changes that have been proposed tonight do not strengthen the Rural Buffer. They punch a hole in the middle of it at its most vulnerable point. If approved, we are afraid these changes will be the initial leak that will destroy the dyke. If you must consider threatening the fabric of the Rural Buffer, it should be for the sake of an urgent requirement that benefits a significant portion of the county and that can be located nowhere else. However, the changes that you have presented tonight fall way short of being urgent', benefiting a significant portion of the county, or being unlocatable elsewhere. We, the members of the Stoneycreek Neighborhood Association urge you to consider two points: (1) Only change the Land Use Plan on a 5 to 10 year cycle. With any more frequent cycle, you cease to have a true plan. _2_ (2) Do not punch a hole in the Rural Buffer that you have worked so hard to establish for the sake of trivial uses easily located outside the Rural Buffer. We thank you for this opportunity to present our views. Sincerely, (.....2;;;7/iO4.. 6 rL 44 'G - Clinton E. Burk1in Chairman of SNA Committee on County Planning Activities CEB:hgr/105 4,00tart4 ff:,.v... 4 4 .C"' t2:„ puke grtiixersitg 4i 0 4 . DURHAM fli NORTH CAROLINA ' t^ ftiNVI ti 27706 •• .... •. VO SCHOOL OF FORESTRY AND ENVIRONMENTAL STUDIES • . • - At. EL PHONE lets)6:Air 1 OFFICE OF THE DUKE FOREST March 31, 1989 - '44pt. • -v --..r.7016.111, . - . Mr. David Stencil Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Mr. Stencil: In response to your request for comments on proposed amendments to the Joint Planning Area Land Use Plan I have some preliminary observations related to item LUP-4-89, Envirotek, Inc. Two parcels of Duke University land are located immediately across New Hope Creek from the southern end of the Proposed Commercial Transition area (Chapel Hill twp. T.M. 14 LW= 11&12) . They are, however, recommended for removal from the Duke Forest by the recent report of the Land Resources Committee and will be classified as residual endowment. land, and I will not comment on the possible effects on those parcels. Rather, as resource manager of the Duke Forest, I am interested in those aspects of the proposal which could affect the continued ability of the Duke Forest to provide those resources necessary for it to operate as a reaching and research facility. It appears that the potential for changes in water quality of New Hope Creek constitutes the most obvious possible effect on research in the Forest, primarily in the Korstian Division several miles downstream. Sedimentation during construction, increased storm water flows from additional impervious surfaces, failure of sewage disposal systems or a .... ..... possible chemical spill each could be detrimental to current and future s. studies utilizing New Hope Creek. Without more information on the development plans such as water supply sources, waste disposal methods, density, types of commercial activity, etc. it is difficult to comment on specific downstream effects. Review of additional information will assist in providing a basis for additional comment. I would appreciate the opportunity to look over the details as they become available. Sincerely, Judson Edeburn - Duke Forest Resource Manager . JE/kb [ cc: Dr. Norm Christensen 1 Dean George F. Dutrow Mr. Max Wallace puke gniVersitg DURHAM NORTH CAROLINA 27706 SCHOOL OF FORESTRY AND ENVIRONMENTAL STUDIES TELEPHONE(919)684-2421 OFFICE OF THE DUKE FOREST Comments for Joint Area Hearing April 6, 1989 • On June 29, 1988 the attached comments, prepared by the Duke Forest Advisory Committee, supported the recommendation of Orange County Planning Staff to incorporate a limited 400 foot Rural Buffer Zoning strip and a 100 foot vegetative buffer along the southern side of the Blackwood Division of the Duke Forest. The concerns expressed at that time remain important. Please note that we have always supported proper use of reasonable zoning to protect important and sensitive areas including portions of the Duke Forest. The University's objection to the proposed PID zoning of the Forest does not conflict with this position. Relative to the current proposal to remove the Rural Buffer designation and portions of the 100 loot buffer, several additional issues arise which could affect the long term viability of that portion of the Forest as an outdoor laboratory. The recent report of Duke's Land Resources Committee has classified portions of the Blackwood Division in both Class I, Permanent 1 Research Forest, and Class II, Research Project Land. Though continued use of Class II land for teaching and research purposes is likely and redesignation of this area as Class I land is possible, development pressures which will increase as the result of the removal of sections of the Rural Buffer Zoning and the limited 100 foot vegetative buffer may jeopardize continued use of this land for academic purposes. As has been stated in the past, the stability and permanence of any buffer zoning or other measure adopted to protect environmental or aesthetic considerations or to accommodate academic uses of the Duke Forest is of utmost importance. Secondly, several areas in the Blackwood Division, including Bald Mountain, Blackwood Mountain and Meadow Flats, are designated and protected as sensitive plant communities for non-manipulative research by the Forest's management plan. They have also been suggested for inclusion in the Natural Heritage Areas by the State of North Carolina, and are noted for their significance in the recent Inventory of the Natural Areas and Wildlife Habitats of Orange County. North Carolina. In addition to the often noted potential for increased recreational pressure, vandalism or intrusion by motorcycles or four-wheel drive vehicles, each of which can damage fragile habitats, let me cite one example of a specific development impact which could threaten the Meadow-Flats - -. . _ wetland ecosystem. Should either residential or commercial uses of land develop north of Eubanks Road and east of Old N.C.86 to such an extent that • the quantity and quality of run-off entering Meadow Flats change significantly, the viability of that swamp forest and its native flora and fauna could be placed in jeopardy. Similarly, it would be inappropriate for a sanitary sewer easement, designed to serve the area, to follow any route which would traverse that section of the Forest. Also, extensions of water lines and easements for electric service or road widenings which do not 1 properly account for critical environmental factors, can result in long term adverse impacts. The complexity of what may appear a minor zoning change may result in an irretrievable loss of resources. We appreciate the opportunity to provide input to items such as these which represent areas of mutual concern to Chapel Hill, Carrboro, Orange County and Duke Forest. Judson Edeburn Duke Forest Resource Manager Attachment This statement was prepared for the Joint Planning. Area Hearing on 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 • 1 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 iven by all B y 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. 1 • grasse 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. • -7- MOORE & VAN ALLEN ATTORNEYS AT LAW OTHER OFFICES: CHARLOTTE, N.C. 301 WEST MAIN STREET, SUITE SOO RALEIGH, N.C. POST OFFICE SOX 3803 RESEARCH TRIANGLE PARK, N.C. E. K. POWE DURHAM, N.C. 27702 SOUTH PARK-CHARLOTTE, N.C.- --*"--- PARTNER April 4 1989 TELEPHONE Apr DIRECT DIAL: 19191 587-3419 DURHAM 919-082-S6S4 CHAPEL HILL RIG-929.,4832. TELEFAX 910.662-7739 The Orange County Board of Commissioners Chapel Hill Town Council Carrboro Town Council Orange County Planning Board c/o Orange County Planning Department 306F Revere Road Hillsborough, North Carolina 27278 Re: Joint Planning Area Land Use Plan Amendments Joint Planning Area Rezonings Public Hearin. Aril 6, 1989 Dear Members of the above named Governing Boards and Planning Board: i represent Mr. James M. Verner and Mr. Berl Bernard who are the owners of property in Orange County which is situated in the 400-foot buffer located between the "Carrboro Transition Area IV ,' as defined in the Joint Land Use Plan, and the Blackwood Division of Duke Forest. My clients fully support the Town of Carrboro request that the 400-foot buffer be removed and that the land redesignated as "Carrboro Transition Area II" consistent - with the adjacent land to the south. My clients also fully support the request of the Town of Carrboro that the zoning designation of Rural Buffer currently applied to the said 400-foot buffer strip south of Duke Forest , i be changed to Carrboro Rural Residential (RR) , pending the said Land Use Plan Amendments referred to above. i 1 1 My clients respectfully request that the respective governmental authorities and Board take such appropriate action as may be required to amend the Joint Planning Area Land Use Plan and to rezone the affected property as requested by the Town of Carrboro. • i Please include this letter as part of the official record 1 of the public hearing to be held on Thursday, April 6 , 1989 I 1 i ! ; . , • TI1TTTIV; Lf f)'■ _ 4 513 hd! - C orct.__ -3 • • . Vwo1 wit 0_01 60 .freA__ .ITN ;0 et. S -. . r & L 71 . . . -- _ _ • v.rA : lAdi Viqa PI _ _____• _ _ _ ___ ; rty_A-10s_.. r /44__ P■cA i ha. 1. L4,J. e.fr! e. _ iT a ; ..C:+•e. Ccx—.)4k. IIT A V.14.-- 1/1 EJ Lt.*- acc-ep*. dcal.LI__ .. ._ _ • ( Lj i± - lAt o Fitc _ ... tr.__tk - s __f . g s eTr 14,5_ ; —a oiL e _liii • -HA 1;bli ss a .(c.fi 1% . ..._to cr__ _ 0.141 jits1 - tre 1.I-A • C1' L.' c 1 LK Vel -1)4 -- __ _ . • . . „ April 10, 1989 RECEIVED Orange County Board of Commissioners: Moses-Car Chair, and Steven Belkiotis, John Bartwell, Shirley Marshall, and Don Willhoit Orange County Courthouse Hillsborough, North Carolina 27278 To The Board of Commissioners: • We attended the public hearings on February 27 and April 6, 1989, which considered two requests for redesignation of large parcels of land along New Hope Church Road in and near the Rural Buffer. We strenuously ame.. the alteration of the current Land Use Plan to accamnodate these two requests. The first request by University Station Associates would change the zoning designation of 527 acres along Old North Carolina Highway 10 from its current designation in the Joint Land Use Plan as Rural Residential-Agricultural Use- Resource Conservation to Ten-Year Transition (jumping over several possible zoning categories along the way). University Station Associates would then be able to develop the land without incurring the expense of providing water and sewer connections, and would instead have the town of Hillsborough (which is perversely agreeable to carrying these costs) pay for the construction of a very substantial water and sewer connection to this area. We would like to register our opposition to this change in land use designation for several reasons: (1) The area in question is only one mile away from the Rural Buffer and very near a segment of Duke FOrest, and really should retain its present designation, one that still permits some development. Changes that would allow high density development would greatly damage the whole idea of a rural buffer between Chapel Hill and Billsborough. (2) The area in question does not fit the criteria for Ten-Year Transition areas in any case. A member of the Orange County Planning Department who handles current planning told us on the morning of February 27 that Ten-Year Transition areas are meant to be those adjacent to municipalities and along Bighways 70 and 85 where they anticipate rapid development and urbanization within 10 years. Insofar as we can read our fuzzy photocopy of the Land Use Plan map, the acreage along Old NC 10 would be an urbanizing blob quite far fran any other transition area (even from Twenty- Year Transition areas), most of which are already "attached” to Hillsborough. The area in question is a hilly ridge away fran 85 and accessible only fran the south (Old NC 10 and New Hope Church Road), not 85, so it is not really part of the 1-85 strip between Durham and Hillsborough. Thus the justification for extending such a designation to this area is doubly questionable. (3) The change in land use designationudll allow the developers (who are probably really just land brokers) to reap profits while transferring the costs of water, sewer, and additional stress an the roads and local environment to Binsborough, Orange COunty, and North Carolina. The development as now planned has already undergone changes that suggest that University Station Associates are really land brokers, not developers, and they are simply trying to obtain the most flexible land use designation for this land in order to increase its future expected value in the eyes of potential buyers and thus to sell it now. In effect, the investment of lobbying time and energy is probably P13 that University Station Associates will invest in this land, in return for which they will reap substantial a substantial capital gain. Once buyers who have paid a high sum acquire the land, they will feel forced to pursue the plans for high"density develoment, with Hillsborough carrying the cost of water and sewer, in order to receive any return whatever on their investment. In effect then, changing the land use designation (and thereby encouraging an immediate sale of the land at an inflated price reflecting expected future value) will guarantee a chain of events that will result in high density development, with government bodies (and local taxpayers) carrying most of the social costs resulting from this development project. What is ironic about all this is that a few months ago University Station Associates were talking about a low density development project in which they themselves would carry the cost of water and sewer. That kind of a project would in fact be profitable, but University Station Associates are obviously trying to use a change in the land use plan to further increase their net profit on the sale of the land by foisting the water and sewer costs off onto Hillsborough. If the present owners have to • develop this land, let them do so at aglower density within existing constraints, which by their own admission (and earlier plan) allow for an adequate profit without imposing as many social burdens on the county. 4) This development would produce additional environmental and social costs in the futuie that would have to be borne by Orange County residents after the developers are long gone. The thousands of residents of this new BOO- household development and their 1000-1500 vehicles would use New Hope Church Road to travel to 1-40 and Old NC 10 to reach 1-85, and would put great stress on these roads. (Note that woodcroft in southern Durham, which began as a development about this same size, has placed Immense stress on Hope Valley Road.) Such a large number of households would very quickly require that the new elementary school at 86 and New Hope Church Road, not even built yet, would need to be doubled in size. The air pollution due to auto emissions in this area would become a severe problem -- and the Triangle area is already close to being a non-attainment area in terms of the Clean Air Act. Such a large project would greatly increase the pressure for commercial development along New 86, Old NC 10, and New Hope Church Reed, regardless of current land use designations. These same arguments apply even more strongly to the second request, to allow commercial development on 424 acres inside the Rural Buffer at the intersection of 1-40 and New Hope Church Road. This request, advanced by Nello 'leer and Envirotek, was considered April 6 and opposed by the Orange County Planning Department also. This change would permit Nello Peer, disappointed a couple of years ago when the county rejected a permit to operate a rock quarry in this area, to sell its land (about 200 acres, purchased for about $2000/acre in an area where land is now selling for several times that rate) at an even higher capital gain than is already possible even without any land use change. This same change would also permit Envirotek to build a gas station, convenience store, and bakery (and eventually such more, no doubt), supposedly "consistent with the area's rural character." This is utter foolishness -- the only thing that would be consistent with the rural character of the area is to maintain the Rural Buffer designation and allow no commercial construction at that location. • This proposal would not only contradict the concept of the Rural Buffer, but would be a deep gash, probably a mortal injury to it. Nello Teer can already turn a handsane profit on its land,(as above, essentially a windfall profit without any the owners having to incur any "development costs" to "improve" the land before selling it), and there is no reason for local residents or county and town taxpayers to award it an even higher capital gain on its speculative land purchase. We urge that this proposal be rejected outright, as about 90% of the citizens present at the April 6 hearing also ream:tended. In conclusion: a residential development this large and densely packed has no business being so close to the Rural Buffer, and ccamercial development of any kind has no place whatever inside the Buffer. If both of these requests were approved, then New Hope Church Road would quickly become a veritable drag strip, requiring widening to four lanes and several signal lights, and increasing pressure to build what at present is an utterly unnecessary Durham Beltway through some of the most rural and beautiful portions of Orange County. These two proposals constitute a huge step in the direction of having Hillsborough, Durham, and Chapel Hill grow into one urban glob, and present yet another example of developers figuring out devious ways of extracting a capital gain out of the taxpayers and local residents who will eventually have to pay for the social and environmental costs created by their projects. We urge you to stand firm in defense of the Rural Buffer and in opposition to amoebic urbanization, and to reject both requests for a change in land use. Indeed, we would prefer to see developers TAXED (as the town of Chapel Hill is now discussing) as compensation for the future burdens they invariably place on local residents, including those who eventually move into and shop at the developments they build! Best regards, £ - Nargãret A. McKean & 9bhn P. Peraza 3711 Stoneycreek Road Chapel Hill NC 27514 cc: Barry Jacobs, Planning Board P.S. We firmly support the County's effort to expand the designation of Public Interest Districts to Duke Forest in accordance with the conservationist thrust of the recent recommendations approved by the Duke University Board of Trustees, even though the university has been regrettably duplicitous in trying to procure land use designations that would not obligate the university to live up to its own forest use plan. • dr/"e , 'C. Article IX ZONING DISTRICTS AND ZONING MAP Part I. Zoning Districts Section 15-135 Residential Districts Established. (a) The following basic residential districts are hereby established: R-20, R-15, R-10, R-7.5, R-3, R-2, R-R, R-S.I.R. , and R-S.I .R.-2. The purpose of each of the foregoing residential districts is to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in non-residential districts. (AMENDED 5/12/81; 12/7/83; 2/4/86) (b) The following watershed residential districts are also established: R-80 and R-40. All land within these districts is located within the University Lake Watershed, and while they are designed to achieve the objectives identified in subsection (a) , they are also intended to protect the community water supply by allowing residential development of the land within the University Lake Watershed only at reduced density levels . (AMENDED 12/7/83) (c) The R-R (rural residential ) district is designed to accommodate the residential and related uses as well as several additional uses that would be appropriate in the more sparsely populated areas of the town's joint planning transition area or extraterritorial planning area, but that would be Inappropriate within the more intensively developed residential zones. (AMENDED 11/14/88) (d) The R-S.I.R. ' (suitable for intensive residential) zone is designed (1) to encourage high denisty residential development that is compatible with the housing element of the town's Compre- hensive Land Use Plan, and ( ii) to locate this high density development in areas most suitable for it, thereby reducing pressure for growth in less desirable locations and reducing urban sprawl. Land in this zone is deemed especially suitable for intensive residential development because of ( i) the availability of police , fire, and sanitation service at low marginal cost due to existing service patterns, ( ii ) the availability of public water and sewer service, (iii) the ample road system serving the area, (iv) the compatibility of existing development in the area with high density residential development, and (v) the compatibility of high density residential development with environmental concerns , especially water quality. Developers are encouraged to construct housing that is consistent with the town's housing objectives through density bonuses, as set forth in Section 15-182.1 . Page 1 • /erg • Article XII DENSITY AND DIMENSIONAL REGULATIONS Section 15-181 Minimum Lot Size Re•uirements. Subject to the provisions of Sections 15-186 (Cluster Subdivisions) and 15-187 (Architecturally Integrated Subdivisions) , all lots in the following zones shall have at least the amount of square footage indicated in the following table: (AMENDED 5/12/81; 12/7/83; 2/4/86; 11/14/88) Zone Minimum Square Feet R-2 40,000 except that the size may be reduced to 2 ,000 square feet in an architecturally integrated subdivision on a tract of at least 40,000 square feet. R-3 3,000 R-7.5 7,500 R-10 10,000 R-S.I.R. 10,000 R-15 15,000 R-20 20,000 RR 43,560 (one acre) R-40 40,000 R-80 80,000 C No Minimum B-1(c) None B-1(g) 3,000 for residential; otherwise no minimum B-2 7,500 B-3 7 , 500 if used for residential purposes; otherwise no minimum B-3-T 7,500 if used for residential purposes, but no minimum lot size for other permitted uses. B-4 Same as B-1(g) B-5 43,560 (1 acre) M-1 No Minimum M-2 No Minimum WM-3 40,000 CT 40,000 Section 15-182 Residential Density. (a) Subject to the other provisions of this section and the provisions of Section 15-186 (Cluster Subdivisions) , 15-187 (Architecturally Integrated Subdivisions) and 15-182. 1 (Density in R-SIR Zoning) , every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land (by dividing the total number of square feet the tract contains by the minimum per dwelling unit) , fractions shall be dropped. (AMENDED 4/24/84; 1/22/85; 2/4/86; 11/14/88) Page