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HomeMy WebLinkAbout1991-10-10_BOCC_PUBLIC HR_00001r r ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRSORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PLANNING PUBLIC HEARING NOTE: BACKGROUND MATERIAL THURSDAY, OCTOBER 10, 1991 IS AVAILABLE IN THE 7:30 P.M. PLANNING DEPARTMENT CARRBORO ELEMENTARY SCHOOL AUDITORIUM OR THE CLERK'S OFFICE SHELTON STREET CARRBORO, NORTH CAROLINA NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 966 -4501. A. OPENING REMARKS FROM THE CHAIRMAN B. 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 any 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 geniune commitment to this public charge is observed. C. JOINT PLANNING PUBLIC HEARING 2.qe NOTE: This portion of the public hearing involves the Orange County Board of Commissioners and Planning Board, and --the governing boards of the Towns of Chapel Hill and Carrboro. Following the conclusion of this portion of the public hearing, all items under consideration will be referred to the governing boards of the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation. The Board of Commissioners will make a decision on the proposals no sooner than December 2, 1991. 1. Joint Planning Area Land Use Plan and Map Amendments 007 a. JPA -1 -91 American Stone Company 043 b. JPA -2 -91 New Hope Corridor Open Space Master Plan �+n�m• D. ORANGE COUNTY--PUBLIC HEARING Page NOTE: This portion of the public hearing involves only the Orange County Board of Commissioners and Planning Board. Following the conclusion of this portion of the public hearing, all items under consideration will be referred to the Orange County Planning Board for a recommendation. The Board of Commissioners will make a decision on the proposals no sooner than December 2, 1991. 1. Comprehensive Plan [Land Use Element] and Map Amendments 007 a. CP -3 -91 American Stone Company 043 b. CP -4 -91 New Hope Corridor Open Space Master Plan E. ADJOURNMENT AGENDA DETAIL ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD JOINT PLANNING PUBLIC HEARING THURSDAY, OCTOBER 10, 1991 7:30 P.M. CARRBORO ELEMENTARY SCHOOL AUDITORIUM SHELTON STREET CARRBORO, NORTH CAROLINA A. OPENING REMARKS FROM THE CHAIRMAN B. 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 any 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. NOTE: ITEM C - JOINT PLANNING PUBLIC HEARING involves the Orange County Board of Commissioners and Planning Board, and the governing boards of the Towns of Chapel Hill and Carrboro. ITEM D - ORANGE COUNTY PUBLIC HEARING involves the Orange County Board of Commissioners and Planning Board. THE PROCEDURE WILL BE TO CONSIDER THE JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS AND THE COMPREHENSIVE PLAN AND MAP AMENDMENTS FOR AMERICAN STONE AND THEN TO CONSIDER THE SAME FOR THE NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN. AT THE CONCLUSION I WILL THEN ENTERTAIN A MOTION FOR THE JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS FOR THESE TWO ITEMS AND ALSO A MOTION FOR THE COMPREHENSIVE PLAN AND MAP AMENDMENTS FOR THESE TWO ITEMS. JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS and the COMPREHENSIVE PLAN LAND USE ELEMENT AND MAP AMENDMENTS AMERICAN STONE COMPANY - MARVIN COLLINS Comments from Roger Walton or Roy Williford Questions or comments from any member of the governing board Questions or comments from any member of the planning boards Citizen Comments Approved: 112102 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JOINT PLANNING PUBLIC HEARING OCTOBER 10, 1991 The Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Aldermen, and the Orange County Planning Board met in joint session on October 10, 1991 at 7:30 p.m. in the Carrboro Elementary School Auditorium, Carrboro, North Carolina. BOARD OF COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Stephen Halkiotis, Alice Gordon, Verla Insko and Don Willhoit. CHAPEL HILL TOWN COUNCIL: Mayor Jonathan Howes, and Council Members Julie Andresen, Joe Herzenberg, and Joyce Brown. CARRBORO BOARD OF ALDERMEN: Mayor Eleanor Kinnaird, and Aldermen Randy Marshall, Hilliard Caldwell, Frances Shetley, and Tom Gurganus. ORANGE COUNTY PLANNING BOARD: Betty Eideuier ORANGE COUNTY STAFF: County Manager John Link, Clerk to the Board Beverly A. Blythe., Planning Director Marvin Collins, and Planner Emily Cameron. NOTE: THE RECORDING EQUIPMENT DID NOT FUNCTION PROPERLY AND THESE MINUTES WERE RECONSTRUCTED FROM USEABLE TAPES, STAFF NOTES, AND AGENDA MATERIALS. WELCOME Chairman Carey welcomed the people in the audience and requested that they sign up if they wish to speak. PUBLIC CHARGE: Chairman Carey read the Public Charge. C. JOINT PLANNING PUBLIC HEARING D. ORANGE COUNTY PUBLIC HEARING AMERICAN STONE COMPANY C.l.a. Joint Planning Area Land Use Plan and Map Amendments JPA -1 -91 D.l.a Comprehensive Plan (Land Use Element) and Map Amendments CP -3 -91 This presentation was made by Marvin Collins. In summary, this item was presented to receive citizen comment on a request to amend the Joint Planning Area (JPA) Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. Applications have been received on behalf of American Stone Company, the Orange Water and Sewer Authority (OWASA), and Philip and Alice Durham to amend the JPA Land Use Plan and the Orange County Comprehensive Plan. The subject area is composed of five properties referenced as Chapel Hill Township, Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part), 9B, 9C, and 9E. The tract contains approximately 208 acres and is located north of NC 54 at the intersection of Bethel - Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: JPA-1 -91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28,10t 9B is the only property so designated for this type of use. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land use Plan require the unanimous approval of the governing boards of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP -3 -91 requests the establishment of a Rural industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban -type services. Such an amendment requires only the approval of the Orange County Commissioners. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE PLANNING STAFF AND /OR THE ELECTED OFFICIALS Town of Chapel Hill Planning Director Roger Walden emphasized that this is an existing use in this watershed area. The key short -term issue in the opinion of he and his staff is water quality. Discussions with OWASA staff and review of reports relevant to the subject indicate a greater concern on OWASA's part toward the possibility of runoff and /or a spill from the existing asphalt plant rather than runoff from quarrying operations. These concerns would be largely addressed by the proposed relocation of the asphalt plant. Associated improvements with the plant relocation would include above- ground storage tanks with containment facilities, a modern plant which would operate at lower temperature, and an improved system of emissions control for air pollutants. The key long -term issue has to do with hydrology. Phil's Creek is shown on the 1983 FEMA floodplain map as having a 100 year floodway approximately 2100 feet in width, crossing the site as described under the "slope" section. This water course has been significantly altered by the existing quarry operations. It is not clear whether the quarry operation could function outside of the floodplain. Environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time a special use permit was considered. The applicant would address impacts on the floodplain at that point. With regard to the quarry operation, it is Chapel Hill staff's opinion that surface runoff will go into the pit. With regard to the relocation of the asphalt plant, there is currently an asphalt plant in operation and from review of the materials it appears that safety at the plant would be improved by the proposed changes. Chapel Hill planning staff recommends approval of this request. No comments were made by the Carrboro staff. In response to a question regarding why this area needs to be designated as a Rural - Industrial Activity Node and the implications of this designation, Mr. Collins indicated that Agricultural /Industrial would be spot zoning. This activity node is site - specific. The boundary of the activity node follows the boundary of the proposed quarry operation. There would be no other uses associated with it other than the extractive use. Commissioner Gordon requested that more data be gathered as to the effect of the quarry operation on Phils Creek. Also, she indicated that it would be helpful to have information on how an improperly operating asphalt plant could adversely effect the watershed. Mr. Collins indicated that the quarry and asphalt plant would undergo the environmental impact review. The applicants would prepare the environmental impact statement which would then be submitted as a part of the special use application. Conditions could be attached to the approval of the Special Use Permit to address specific concerns. He also indicated that asphalt plants are frequently closely associated with a quarry operation because part of the raw material comes from the quarry. If the existing quarry were to cease operation, the asphalt plant would probably be closed at that time. An unidentified citizen indicated that the problem is that OWASA will acquire ownership of the new quarry at no cost in return for supporting the items on the agenda. He asked if OWASA would be in support of this if they were not going to gain a sizable reservoir once the proposed quarry is mined out. Commissioner Gordon asked staff to explain to what extent this is a relocation of a current use and to what extent it is a relocation and expansion. Is the original quarry operation going to be closed down before the new one is open? Mr. Collins indicated that the asphalt plant will be a relocation of an existing use. The old plant structure will be removed and will be replaced on the east side of the new road. The quarry itself would be viewed as an expansion of an existing use. Relocating the road would be the first step. The quarry operation would expand from where it is now and move in a southeast direction toward the old quarry. The new realignment of the road would provide for better site distance along Highway 54. Ms. Eidenier asked how establishing a Rural - Industrial Activity Node for an extractive use in this area is different from establishing a Rural - Industrial Activity Node in other places in the Rural Buffer. Also, is a problem perceived with the impervious surface ratio in the University Lake Watershed? Mr. Collins indicated that this is an existing use so there is no additional intrusion into the Rural Buffer with this operation. It is still in the same area where it has existed since the mid - 1960'x. In response to a question pertaining to impervious surface, he indicated that American Stone was advised that they will need to address the issue of impervious surface when the Special Use Permit application is filed. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS AND /OR COMMENTS FROM THE APPLICANTS OR THEIR.REPRESENTATIVE$. Mr. Jim Mergner, Vice- Chairman of the Orange Water and Sewer Authority Board of Directors, spoke in favor of this proposal. His written comments are incorporated herein by reference and may be found in their entirety in the permanent agenda file in the Clerk's office. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS /COMMENTS FROM CITIZENS Mr. Alfred Perry, a local property owner, spoke against this proposal. He indicated that the new road would be near his property. He asked if there would be a buffer between the road and his property or if this would landlock his property. Will he continue to have road frontage? He indicated that the plan would ensure 40 more years of bombing in his area. His trailer park tenants have indicated that the blasting shakes the walls. Also, his fish pond leaks from the repeated blasting. Mr. Erwin Danziger, a local property owner, spoke against this proposal. He indicated that the noise and the blasting causes great difficulties and stress to property owners. Ms. Ann Parrish, a local resident, spoke in opposition to this proposal. She asked for clarification about what the County would do if the blasting in some way caused their water to become contaminated. Ms. Madeline Levine, a local resident, spoke in opposition to this proposal. She felt that insufficient environmental data had been supplied by the staff in their analysis of the proposal. She stated that this information should be provided before the governing boards take action on the request. Mr. Daniel Valero, a local resident, spoke in opposition to this proposal. County staff was asked to address the following concerns when these items are brought back to the Boards: -How many people are going to be adversely effected by the moving of the quarry and asphalt operations? -would approval of this Land Use Plan change set a precedent for the Rural Buffer? If so, what precedent would it set? -Is there legal recourse for property owners for damages if the quarry were to become a permitted use or an industrial node? -How might some of the concerns which were raised concerning ground water and damage to structures be addressed? Mayor Kinnaird asked what just compensation for property damage is being considered. Commissioner Willhoit asked for clarification on the history of this quarry and the difficulties that neighbors have experienced as a result of the blasting. Has American Stone been notified of these problems and what kind of satisfaction was received in response to any complaints? Mr. Belon, a local landowner, spoke in opposition to this proposal. Mr. Allen Spalt, a local landowner, spoke in opposition to this proposal. He indicated that the choices are difficult, since a sizable reservoir would be available after the quarry is mined out. However, the environmental affects have not been adequately addressed in order to support the request. G. JOINT PLANNING PUBLIC REARING D. ORANGE COUNTY PUBLIC HEARING NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN G.l.b JPA -2 -91 Proposed Amendments to the Joint Planning Area Land Use Plan and Map D.1.b CP -4 -91 Proposed Amendments to the Orange County Comprehensive Plan (Land Use Element) and Map This presentation was made by Planner Emily Cameron. In summary, these items were presented in order to receive citizen comments on proposed L • 1 amendments to the Joint Planning Area Land Use Plan and Map and the Orange County Comprehensive Plan (Land Use Element) and Map to incorporate recommendations from the New Hope Creek Corridor open Space Master Plan. In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Produced with the assistance of a multi - jurisdictional advisory committee, the New Hope Creek Corridor Open Space Master Plan was presented to the elected officials of the four jurisdictions in April, 1991. The plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts with historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple, or purchase of development rights. Some of the wildlife corridors should remain in private ownership. The Orange County portion of the Corridor includes: 1. Wildlife Corridors, including the 100 -year floodplain; a. New Hope Creek Wildlife Corridor- beginning at the point the creek crosses Mt. Sinai Road (SR 1718) extending through Duke Forest to Erwin Road (SR 1737); also includes a portion of the floodplain along Old Field Creek between the Existing Natural Area and New Hope Creek; b. Piney Mountain Creek Wildlife Corridor - extending through the Couch Tract of Duke Forest south along Piney Mountain Creek across Mt. Sinai Road to New Hope Creek; C. Rhodes Creek wildlife Corridor - beginning south of Cornwallis Road extending northeast to Eno River State Park; .2. Wildlife Protection Area, including the 100 -year floodplain between Erwin Road and the Durham County line; 3. Unpaved nature trails; and a. Within Duke Forest on existing roads and trails b. Across Cornwallis Road (SR 1716) connecting the Couch Tract and the Durham Division of Duke Forest; and C. Along Sunrise Road crossing I -40 to the Korstian Division access point of Whitfield Road; 4. Bike /pedestrian trails. a. In conjunction with a scenic Road Designation along NC 751 and any future extension; and b. Following Old NC 10 to Mt. Hermon Church Road, across US Highway 70 to Pleasant Green Road to reach Eno River State Park. Mr. Waldon, Planning Director for the Town of Chapel Hill, announced the schedule for the Town Planning Board and Town Council to consider the proposed amendments. He added that the Chapel Hill planning staff would also propose amendments to the town's Land Use Plan to include portions of the New Hope Corridor Open Space Master Plan within the town limits. THE PUBLIC HEARING WAS OPENED FOR QUESTIONS/ COMMENTS FROM CITIZENS. Mr. David Patterson stated that he was an Orange County native and a descendant of John Patterson who owned land along New Hope Creek. Mr. Patterson urged protection of the headwaters of New Hope Creek, especially from site #4 under consideration for the proposed County landfill. � ! -L .: Ms. Madeline Levine and Ms. Jones also urged protection of New Hope Creek by eliminating landfill site #4 from consideration. Mr. Bill Sessoms spoke as an attorney representing a family which owns land adjacent to New Hope Creek which is split by the Orange - Durham County line. He submitted a letter which is in the permanent agenda file in the Clerk's Office. Mr. Sessoms stated that his clients feel that the cost of acquiring open space along the corridor should be shared equally by all four jurisdictions, since all citizens would benefit by the open space preservation. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. BOARD ACTION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to refer Items C -1 -(a) JPA -1 -91 American Stone Company and C -1 -(b) JPA -2 -91 New Hope Corridor open Space Plan to the governing boards of Chapel Hill and Carrboro for a decision and to refer these items to the Orange County Planning Board for a recommendation to come to the County Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer Items D -1 -(a) Comprehensive Plans (Land Use Element) and Map Amendments (CP -3 -91) American Stone Company and D -1 -(b) - CP -4 -91 New Hope Corridor Open Space Master Plan to the Orange County Planning Board for a recommendation to come to the County Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS There being no further business, the meeting was adjourned. The next regular meeting of the Orange County Board of Commissioners will be held on Tuesday, October 22, 1991 at 7:30 in the Orange Water and Sewer Authority Community Meeting Room in Carrboro, North Carolina. Beverly Blythe, Clerk Moses Carey, Jr., Chairman . - i SECOND JOINT PLANNING AREA LAND USE PLAN AND MAP AMENDMENTS COMPREHENSIVE PLAN (LAND USE ELEMENT) AND MAP AMENDMENTS NEW HOPE CORRIDOR OPEN SPACE MASTER Comments from Roger Walton Questions or comments from Questions or comments from Citizen Comments MOTIONS PLAN - EMILY CAMERON and Roy Williford any member of the governing board any member of the planning boards Item C -1 &2 - Joint Planning Area Land Use Plan and Map Amendments for American Stone and the New Hope Corridor Open Space Master Plan entertain a motion to refer this item to the governing boards of the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation to come back to the County Board of Commissioners no sooner than January 6, 1992. Item D -1 &2 - Comprehensive Plan (Land Use Element) and Map Amendments for American Stone and the New Hope Corridor Open Space Master Plan entertain a motion to refer this item to the Orange County Planning Board for a recommendation to come back to the County Board of Commissioners no sooner than January 6, 1992. ADJOURNMENT It ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PLANNING PUBLIC HEARING NOTE; BACKGROUND MATERIAL THURSDAY, OCTOBER 10, 1991 IS AVAILABLE IN THE 7:30 P.M. PLANNING DEPARTMENT CARRSORO ELEMENTARY SCHOOL AUDITORIUM OR THE CLERK'S OFFICE SHELTON STREET CARRBORO, NORTH CAROLINA NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 966 -4501. A. OPENING REMARKS FROM THE CHAIRMAN B. 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 any 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 geniune commitment to this public charge is observed. C. JOINT PLANNING PUBLIC HEARING Paqe NOTE: This portion of the public hearing involves the Orange County Board of Commissioners and Planning Board, and-the governing boards of the Towns of Chapel Hill and Carrboro. Following the conclusion of this portion of the public hearing, all items under consideration will be referred to the governing boards of the Towns of Chapel Hill and Carrboro for a decision and to the Orange County Planning Board for a recommendation. The Board of Commissioners will make a decision on the proposals no sooner than December 2, 1991. 1. Joint Planning Area Land Use Plan and Map Amendments 007 a. JPA -1 -91 American Stone Company 043 b. JPA -2 -91 New Hope Corridor Open Space Master Plan e D. ORANGE COUNTY PUBLIC HEARING Page NOTE: This portion of the public hearing involves only the Orange County Board of Commissioners and Planning Board. Following the conclusion of this portion of the public hearing, all items under consideration will be referred to the Orange County Planning Board for a recommendation. The Board of Commissioners will make a decision on the proposals no sooner than December 2, 1991. 1. Comprehensive Plan [Land Use Element] and Map Amendments 007 a. CP -3 -91 American Stone Company 043 b. CP -4 -91 New Hope Corridor Open Space Master Plan E. 001 Location Map - Carrboro Elementary School 79.97 -39- A „•,,.,5. B 1.970.000R 79.06p- n tarrt•W .. ___. _�_�.�...` ••.•.. •• 77W'3C CI.WQ,00p FT 7VO3 "45' GG2 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ORANGE COUNTY /CHAPEL HILL /CARRBORO JOINT PLANNING AREA LAND USE PLAN AND MAP AND PROPOSED REVISIONS TO THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE COUNTY, NORTH CAROLINA 003 Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Article 20, Sections 20.5 and 20.6, and Article 2, Sections 2.2.12 and 2.2.13, of the Orange County Zoning Ordinance; and Article 2 of a Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is hereby given that a public hearing will be held in the Carrboro Elementary School Auditorium on Shelton Street in Carrboro, N.C. on October 10, 1991, at 7 :30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: JOINT PLANNING AREA LAND USE PLAN The proposed amendments to the Joint Planning Area Land Use Plan and Map are as follows: 1. JPA -1 -91 American Stone Company The property in question is located on the north side of N.C. Highway 54 on either side of Bethel- Hickory Grove Church Road (SR 1104). The property contains 207.64 acres and is specifica -ily described as Lots 8A (Part), 9B, 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on N.C. Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for a distance of 3,600 feet, and on the east side of SR 1104 for C& distance of 2,920 feet. The property is currently designated as Extractive Use, Resource Protection, Public /Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The applicant is requesting that the Extractive Use designation be extended to all of the properties described above. RIB 2. JPA 2 -91 New Hope Corridor Open Space Master Plan In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in'fee simple or purchase of development rights. The purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Joint Planning Area Land Use Plan and Map. Amendments to the Joint Planning Area Land Use Plan and Map require the unanimous approval of Orange County and the Towns of Chapel Hill and Carrboro. ORANGE COUNTY COMPRERENSIW PLAN The proposed amendments to the Land Use Element and Map of the Orange County Comprehensive Plan are as follows: 1. CP -3 -91 American Stone Company The property in question is located on the north side of N.C. Highway 54 on either side of Bethel- Hickory Grove Church Road (SR 1104). The property contains 207.64 acres and is specifically described as Lots 8A (Part), 9B, 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on N.C. Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for • distance of 3,600 feet, and on the east side of SR 1104 for • distance of 2,920 feet. The property is currently designated as Public Interest Area and Rural Buffer on the Land Use Element Map. The applicant is requesting that a Rural Industrial Activity Node be established on N.C. Highway 54 to encompass the properties described above. 2. CP -4 -91 New H0 2e Corridor Open Space Master Plan In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake 005 Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple or purchase of development rights. The purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Land Use Element and Map of the Orange County Comprehensive Plan. Amendments to the Land Use Element and Map require only the approval of Orange County. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8 :00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill - Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: September 25, 1991 October 2, 1991 we ORANGE COUNTY 0,07 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 10 1991 Action Agenda Item # SUBJECT: AMERICAN STONE COMPANY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN AND ORANGE COUNTY COMPREHENSIVE PLAN DEPARTMENT: PLANNING PUBLIC HEARING _x —Yes No ATTACHMENT(S): - Application Materials - Evaluation INFORMATION CONTACT: Marvin Collins, Ext. 2592 Gene Bell, Ext. 2589 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To receive public comment on a request to amend the Joint Planning Area (JPA) Land Use Plan and Land Use Element of the Orange County Comprehensive Plan. BACKGROUND: Applications have been received to amend the JPA Land Use Plan and the Orange County Comprehensive Plan. They are referenced as 1PA -1 -91 and CP -3 -91. They are submitted on behalf of American Stone Company, the Orange Water and Sewer Authority (OWASA), and Philip and Alice Durham. The subject area is composed of five properties referenced as Chapel Hill Township, Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part), 9B, 9C and 9E. The subject area contains approximately 208 acres and is located north Qf- NC 54 at the intersection of Bethel- Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: JPA -1 -91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. M CP -3- 1 requests the establishment of a rural industrial activity node covering the subject properties. A rural industrial activity node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban -type services. Such an amendment requires only the approval of the Orange County Commissioners. RECOMMENDATION: The Orange County, Chapel Hill, and Carrboro Planning staffs recommend approval of the proposed amendments as contained in the attached analysis. Following conclusion of the Public Hearing, the matter should be referred to the towns of Chapel Hill and Carrboro for decision and then to the orange County Planning Board for a recommendation to the County Commissioners. A proposed schedule for consideration is as follows: Chapel Hill November 19, 1991 - Planning Board Recommendation November 25/26, 1991 - Town Council Decision Carrboro November 7, 1991 - Planning Board Recommendation November 19, 1991 - Board of Aldermen Decision Orange County December 16, 1991 - Planning Board Recommendation January 6, 1992 - County Commissioners Decision DK9:1010AMST.DOC NORTHEN, BLUE, LITTLE, RooKs, THIBAUT & ANDERSON 009 ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CHAPEL HILL, NORTH CiAROLINA 27514 MAILING ADDRESS: J. WILLIAM BLUE, JR, J. ANDERSON LITTLE DAVID M. ROOKS, 111 CHARLES H. THIBAUT CHARLES T. L. ANDERSON JO ANN RAGAZZO WOODS CAROL J. HOLCOMS JAMES C. STANFORD August 19, 1991 Mr. R. Eugene Bell, AICP Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 V �It I R O. BOX 2208 CHAPEL HILL, NC 27515-2Z08 Re: Application of American Stone Company, Orange Water & sewer Authority and Philip and Alice Durham to amend the Joint Area Land Use Plan and the Comprehensive Plan Dear Mr. Bell: Thank you for your letter of August 13, 1991. Please treat this letter as an amendment to the application filed on August 5, 1991. 1 The "Specific Data" section of the application should be amended to show the following: Township Tax._Map /Block /Lot Bingham 28..8A (approximately 5 acres) 28..9B 28..9C 28..9E Chapel Hill 112..31A The-total-acreage is 207.64 and the total square footage is 9,044,798.44. The project has a total frontage on N. C. 54 of 2,240 feet with a frontage on S. R. 1104 of 3,600 feet on the west side and 2,920 feet on the east side. Under the "Request" section of the application, the Land Use Plan Category Designations requested should be amended to add "Extractive Use" to the Rural Industrial Activity Node already requested. I understand this is necessary for the purpose of amending the Joint Planning Area Land Use Plan. I have attached a revised legal description which takes the revised tax map designations into account. Please note that the description for TM 6.28..8A includes only that portion of the lot which will be part of the project. NoRTHEN, BLUE, LITTLE, R.00HS, THIBAUT & ANDERSON R. Eugene Bell August 19, 1991 Page-2 010 _ The section of the letter attached to the application entitled "Special conditions making the Proposal Reasonably Necessary" was an attempt to address the issue of what changing conditions in the area and in the County generally make the proposed amendment reasonably necessary. The critical point is that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. I have advised American Stone Company of the application fee which I believe would be $1,198.20. American Stone will send a check in this amount directly to you. Please call me if you have any questions. Sincerely, DMR /tjh Enclosures cc: Mr. R. Paxton Badham, Jr. Mr. W. Everett Billingsley Mr. H. Wayne Phears PROPERTY DESCRIPTION TM: 7.112..31A O11 BEGINNING at rock and pointers on the Old Bethel Church Road, small road, the Northeast corner of the Church property; running thence with the Church property and others South 22 Deg. East 22 chains to a stake in a branch; running thence down the said branch the following courses and distances; South 70 Deg. West 7 of a chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains; South 42 Deg. West 1.50 chains; South 45 Deg. West 1.60 chains; South 36 Deg. West 2.60 chains and South 20 Deg. West 1 chain to an ash; thence along a branch South 41 Deg. 30' West 8.60 chains running thence up a gully the following courses and distances; North 29 Deg. West 2.50 chains; North 13 Deg. West 1.70 chains; North 29 Deg. East 1.50 chains; North 3 Deg. East 1.5 chains; North 7 Deg. West 3 chains to the head of the gully; running thence North 26 Deg. West 7 chains to the center of the old road the following courses and distances; North 60 Deg. East 2.40 chains, North 56 Deg. East 2.50 chains; North 37 Deg. East 3 chains; North 21 Deg. East 5 chains; North 10 Deg. East 3.50 chains; North 35 Deg. East 1 chain; North 50 Deg. East 2 chains and North 45 Deg. East 4.80 chains to the beginning, containing 40 acres. TM: 6.28..9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104), said stake being in the northeast corner of the orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence South 47 Deg. 48' West 88.68 feet to a stake; running thence South 47 Deg. 00' West 197.87 feet to a stake; running thence South 59 Deg. 14' West 165.00 feet to a stake; running thence South 70 Deg. 22' West 158.38 feet to a stake; being a control corner; running thence North 77 Deg. 04' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527.15 feet to the point and place of BEGINNING, being 12.166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S., dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28..9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right -of -way of N.C. Highway 54 and the eastern or 012 southeastern line of- the right -of -way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20' 15" East 1999.33 feet to an iron stake which is located. at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527.15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux., South 77 Deg. 04' 30" East 316.69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54' East 259.43 feet to an iron stake; South 21 Deg. 42' 30" East 196.06 feet to an iron stake; South 0 Deg. 19' East 175.93 feet to an iron stake; South 02 Deg. 18' East 159.15 feet to an iron stake;. South 26 Deg. 46' West 147.32 feet to an iron stake; South 09 Deg. 50' East 113.25 feet to an iron stake; South 23 Deg. 25' West 188.17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right -of -way of N.C. Highway 54; thence along and with the northern right -of- way of N.C. Highway 54 North 76 Deg. 37' 45" West 1420.00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 687.70 feet to an iron stake in the right -of -way of the east and south side of Bethel Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Ballentine- Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28..9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road); thence along the right of way of Highway 54 a curve to the left with a radius of 5752.32 an arc distance of 185.32 feet to an iron stake; thence North 06 Deg. 38' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction); thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27' 54" East 125.07 feet to an iron stake; South 69 Deg. 52' 57" East 73.75 feet to an iron stake; South 38 Deg. 26' 33" East 176.56 feet to an iron stake; South 63 Deg. 36' 24" East 49.57 feet to an iron stake; South 19 Deg. 14' 15" East 150.13 feet to an iron stake; South 58 Deg. 06' 013 30" East 139.38 feet'to an iron stake; North 31 Deg. 09' 26" East 83.69 feet to an,,iron stake; thence along the property line of American Stone Company North 04 Deg. 14' 08" East 923.62 feet to an iron stake; thence along the property now or- formerly owned by George Tate, Jr. South 87 Deg. 11' 23" East 1650.00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc., James R. Hudson, R.L.S., entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham ", dated July 1, 1976. TM: 6.28..8A BEGINNING at a point in Phil's Creek, the northeast corner of the property of Philip and Alice Durham thence in a northeasterly direction approximately 480 feet to a point thence in an easterly direction approximate 280 feet to a point in the western line of the property of Philip Durham and Alice Durham, thence along the western line of the Durham property South 2 Deg. 48' 10" West approximately 447.99 feet to a stake; thence South 6 Deg. 35' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 32' 10" West 83.71 feet to an iron stake in the northern margin of Phil's Creek; thence with the center line of Phil's Creek in a northwest direction a distance of approximately 720 feet to the point and place of beginning and being approximately 5 acres and being a portion of the 18.679 acre tract conveyed to American Stone Company by W. Erwin Yates and Nancy Yates. Mo� M � • . Nie )= 4y t M I .I• I 1 mw N• ~ W C_ id M d ' I o ii CD I ql • W I .I w `G I .. ppRa` aye \ a 'CO a N3 t07 FCC Z UW I �E 0 e7Q ti ' NN ain r m n N 0) (!1 to C� rc ul Ob LLJ it A• o 1" ti c M � c0 . •i 10 -r � m O N C4 O r O a a _ E Hcx - 0 fl E o /I 0 W� E a o a>+a Pa E 0 E w waM U4 s4 U)U`� rn N A r1 Q W CG O +� _ M aza Q) O o U w pO mto A rC 40 H ro h im ro (D 0 o aQ a m m w w° F:C �4 F:o U Ow � $ rC o EEH>Z E W Hw>+ N m x E• EF M E� 0+•H WUa> H li H aW aoa Am rt pop��C�4CE+ N W L) 4 phi Mo� M � • . Nie )= 4y t M I .I• I 1 mw N• ~ W C_ id M d ' I o ii CD I ql • W I .I w `G I .. ppRa` aye \ a 'CO a N3 t07 FCC Z UW I �E 0 e7Q ti ' NN ain r m n N 0) (!1 to C� rc ul Ob LLJ it A• o 1" ti c M � c0 . •i •� O � Q N Z t6 \ A w H a - H x � PA a� OD or A T q N M4 � N � M •N a -r � H z O N C4 O r f E-t on '�NNSHIP - •� O � Q N Z t6 \ A w H a - H x � PA a� OD or A T q N M4 � N � M •N Wl E4 - U O E� N Z E _ s N -r a r H x 1 � � fl E /I x W� E Wl E4 - U O E� N Z E _ s N 5 .-ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 LAND USE PLAN AMENDMENT_ APPLICATION .11 persons requesting an amendment to the Land Use Plan of Orange :ounty are - required to complete the following application as completely �s possible: 015 OFFICE USE ONLY REQUEST SP -- — Iso� CP -3 •Cl1) AUG 5 1991 DATE RECEIVED : -1991 j I I,6OA(n • f fIV fD STAFF PERSON S RESPONSIBLE: Gene W1,DaveSianc� ENERAL DATA: American Stone Company, Orange Water ')roperty Owners) Name: and -Sewer Auth=itY. phi l i = anr3 Ali ra Tlyjrham ailing Address: phone: �gent(s) Name: -sail-ing Address: (Home) (Work) David M. Rooks, III P.O. _Box 2208, Chavel Hill,- NC 27515 -2228 _ hone: (919 ) 968- 4441'' 'PECIFIC DATA: 'ax Reference: Township Bingham• Tax Map 28 Block Lot nd 98 >ublic /Private Road Name: NC 54 and Bethel Church Road_ Jot Size: Acreage 278 Square Footage 12,113,600 3,600- N.C. 54 Lot Frontage4, -080- F/s sR 1Jgt, Depth 3,600- W /.S SR 1104 'urrent Plan Category Designation(s): General Rural Buffer Activity Node No Watershed Yes Joint-Planning Area -Yes PROPERTY DESCRIPTION TM: 7.112..32 016 ' Situated on the Southeast side of the Bethel Church Road (N.C. Secondary Road No. 1104) and BEGINNING at a point in the centerline of said road, corner with Bethel. Baptist Church; running thence with the Southern line of Bethel Baptist Church the following courses and distances: South 63 Deg. 27' East 414.11 feet to an iron stake, South 64 Deg. 37' 50" East 576.50 feet to an iron stake, and South 60 Deg. 21' 15" East 332.12 feet to an iron stake; running thence South 77 Deg. 27' 33" West 825.99 feet to an iron stake; running thence North 20 Deg. 53' 35" West 437.81 feet to an iron stake in the centerline of the old (abandoned) Chapel Hill - Greensboro Road; thence with the centerline of said old Chapel Hill - Greensboro Road the following courses and distances: South 47 Deg. 34' 32" West 226.97 feet to an iron stake, South 50 Deg. 21' 15" West 184.47 feet to an iron stake, South 35 Deg. 17' 51" West 94.82 feet to an iron stake, South 11 Deg. 23' 58" West 187.52 feet to an iron stake, South 19 Deg. 01' 57" West 177.30 feet to an iron stake, and South 21 Deg. 18' 49" West 154.86 feet to an iron stake in the line of the Orange Water and Sewer Authority; running thence with the East line of said Authority North 25 Deg. 44' 26" 806.56 feet to a point in the centerline of N.C. Secondary Road No. 1104; running thence with the centerline of S.R. 1104 North 53 Deg. 15' East 809.07 feet to the point and place of BEGINNING, containing 17.977 acres according to plat and survey of Robert J. Ayers, Surveyor, dated September 19, 1988, entitled "Property of George L. Wheless ". TM: 7.112..31A BEGINNING at a stake located in the line of Carey W. Durham and in the north line of the 60' easement of N.C. State Highway 54; running thence from said beginning point along the western line of the property of Carey W. Durham North 4 Deg. 10' West 312.40 feet to an iron at''a cedar tree; running thence along the western line of the property of Carey W. Durham North 23 Deg. 461 West 66.0 feet to an iron located at a walnut tree stump and at the southwestern corner of the property of T.M. Greene; running thence along the line of the property of T.M. Greene North 34 Deg. 52' West 101.0 feet to a stake; running along the said western line of the property of T.M. Greene North 16 Deg. 02' West 81.82 feet to a stake located at the intersection of the eastern line of the property of S.D. Durham and the said western line of the property of T.M. Greene; running thence South 20 Deg. 50' West 188.25 feet to a stake; running thence South 50 Deg.,46' West 276.68 feet to a stake located on the line of the property of S.D. Durham; running thence South 20 Deg. 06' West 82.02 feet to a stake located on the northern line of the 60' easement of N.C. State Highway 54; running thence with the said northern line of the 60' easement of N.C. 017 State Highway 54w452-.04 feet to the point and place of BEGINNING, being the property'l,of Jack Carlisle, according to the plat and survey of, Sidney V. Credle, Registered Land Surveyor, dated October 6, 1978.- TM: 6.28..9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104), said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence South 47 Deg. 48' West 88.68 feet to a stake; running thence South 47 Deg. 00' West 197.87 feet to a stake; running thence South 59 Deg. 14' West 165.00 feet to a stake; running thence South 70 Deg. 22' West 158.38 feet to a stake; being a control corner; running thence North 77'Deg. 04' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527.15 feet to the point and place of BEGINNING, being 12.166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S., dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. EXCEPTING from said tract the following parcels of land: BEGINNING at an iron stake at the common corner of the Property of S.D. Durham and the Property of E.A. Brown on the southern margin of Bethel Church Road (SR 1104), thence running South 24 Deg. 28' East 192.32 feet to an iron stake; running thence South 65 Deg. 12' West 174.55 feet to an iron stake; running thence North 33 Deg. 30' West 187.40 feet to an iron stake in the southern margin of Bethel Church Road; running thence North 33 Deg. 30' West 34 feet to the center line of Bethel Church Road; running thence with the center line of said road North 62 Deg. 53' East 210 feet to an iron stake; running thence South 24 Deg. 28' East 34 feet to the point and 'place of BEGINNING, being 0.99 acres, more or less. TM: 6.28..9 BEGINNING at a stake in the southeastern edge of the 60 foot right of way of SR 1104 (Bethel Church Road), the northwest corner of a 2.251 acre tract, said stake being North 56 Deg. 20' 15" East 25 feet from a stake in the edge of the right of way at the northeast corner of the Orange Water and Sewer Authority Property; running thence along and with the right of-way of SR 1104 North 56 Deg. 20' 15" East 204 feet to an iron stake; running thence South 31 Deg. 411 4511 East 490 feet to a stake; running thence South 61 Deg. 23' 30" West 204.18 feet to a stake; running thence North 31 Deg. 41' 45" West 472.00 feet to the point and place of BEGINNING, • being 2.251 acres,.more or less.., BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) in the westernmost corner of the Orange Water and Sewer Authority Property; running thence South 75 Deg. 30' East 687.70 feet to a stake; running thence South 0 Deg. 06' West 326.67 feet to a stake on the northern margin of State Highway 54; running thence North 76 Deg. 37' 45" West 780.19 feet along the northern margin of NC 54 to a stake; running thence North 42 Deg. 40' West 95.33 feet to a stake; running thence in a northerly and clockwise direction along an arc having a radius of 375.00 feet for a distance of 303.21 feet along the southern margin of Bethel Church Road to the point and place of BEGINNING, being 5.919 acres, more or less as per plat and survey of ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE, by Robert J. Ayers, R.L.S., dated March 16, 1979, and recorded in Plat Book 30 at Page 168, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28..9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right -of -way of N.C. Highway 54 and the eastern or southeastern line of the right --of -way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20' 15" East 1999.33 feet to an iron stake which is located at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527.15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux., South 77 Deg. 04' 30" East 316.69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54' East 259.43 feet to an iron stake; South 21 Deg. 42' 3011 East 196.06 feet to an iron stake; South 0 Deg. 191 -East--175.93 feet to an iron stake; South 02 Deg. 18' East 159.15 feet to an iron stake; South 26 Deg. 46' West 147.32 feet to an iron stake; South 09 Deg. 50' East 113.25 feet to an iron stake; South 23 Deg. 25' West 188.17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right -of -way of N.C. Highway 54; thence along and with the northern right -of- way of N.C. Highway 54 North 76 Deg. 37' 45" West 1420.00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 687.70 feet to an iron stake in the right -of -way of the east and south side of Bethel 419 Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Bel lent ine- Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979-, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28..9B BEGINNING at a concrete monument at the northwest corner of the intersection between. N.C. Highway 54 and State Road 1104 (Bethel Church Road); thence along the right of way of Highway 54 a curve to the left with a radius of 5752.32 an arc distance of 185.32 feet to .an iron stake; thence North 06 Deg. 38' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction); thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27' 54" East 125.07 feet to an iron stake; South 69 Deg. 52' 57" East 73.75 feet to an iron stake; South 38 Deg. 26' 33" East 176.56 feet to an iron stake; South 63 Deg. 36' 24" East 49.57 feet to an iron stake; South 19 Deg. 14' 15" East 150.13 feet to an iron stake; South 58 Deg. 06' 30" East 139.38 feet to an iron stake; North 31 Deg. 09' 26" East 83.69 feet to an iron stake; thence along the property line of .American Stone Company North 04 Deg. 14' 08" East 923.62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 11' 23" East 1650.00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc., James R. Hudson, R.L.S., entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham", dated July 1, 1976. TM: 6.28..8A BEGINNING at a stake in the eastern margin of Auburn Davis (Deed Book 117, Page 172, and Deed Book 209, Page 741, Orange County Registry) and the Southwest corner of David McCauley (Deed Book 181, Page 413, orange County Registry) running thence with the southern margin of David McCauley North 88 Deg. 47' East 508 feet and North 55 Deg. 58' 30" East 1046.66 feet to a"stake; running thence South 38 Deg. 46' 40" East 217.40 feet to an iron stake; thence South 02 Deg. 48' 10" West 727.99 feet to a stake; thence South 06 Deg. 35' 55" West 196.78 feet to an iron stake; thence 020 South 30 Deg. 32' 1 10" West 83.71 feet to an iron stake in the northern margin of Phil's Creek, thence with the center line of said Creek to a stake in the eastern margin of Auburn Davis, referenced by the following courses and distances: North 50 Deg. 04' 30" West 113 feet, North 30 Deg. 36' 50" West 163.51 feet, North 64 Deg. 14' 30" West 49.59 feet, North 39 Deg. 04' 30" West 176.50 feet, North 70 Deg. 31" West 73.75 feet, North 86 Deg. 06' 10" West 124.98 feet, South 65 Deg. 44' 30" West 92.66 feet, South 25 Deg. 04' 10" West 83.66 feet, South 43 Deg. 26' 30" West 66.73 feet, North 86 Deg. 18' 10" West 188.89 feet, North 67 Deg. 55' 10" West 105.06 feet, South 59 Deg. 38' 40" West 127.76 feet, South 24 Deg. 28' 20" West 64.31 feet, North 83 Deg. 06' 00" West 145.59 feet, South 47 Deg. 05' 50" West 70.87 feet,, North 83 Deg. 18' 20" West 40.38 feet and South 58 Deg. 26' West 72.27 feet, running thence with the said eastern line of Auburn Davis North 2 Deg. 25' 10" East 459 feet to the point and place of BEGINNING and being 18.679 acres according to plat of Fulton and Associates, entitled Property of American Stone Co., dated October 17, 1979. 021 August 1, 1991 Mr. Marvin Collins Director, Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: American Stone Co.lquarry - N. C. Highway 54 Dear Mr. Collins: This letter is submitted in support of our application to amend the Orange County LandlUse Plan and the Joint Planning Area Land Use Plan to designate the area surrounding the existing American Stone Company quarry and Orange Water and Sewer Authority reservoir on N. C. 54 near S. R. 1104 as a Rural Industrial Activity Node where extractive uses are allowed. Identification of property. The tracts affected are at the intersection of S. R. 1104 (Bethel- Hickory Grove Church Rd.) and N. C. 54, and are described on the attached map. The specific owners are as follows: Owner TM American Stone Company 7.112..31A 7.112..32 6.28..8A 6.28..9 6.28..9C Orange Water and Sewer Authority 6.28..9E Philip and Alice Durham 6.28..9E Orange Water and Sewer Authority ( OWASA) uses the old quarry pit on its property conjunctively with University Lake to store excess water from the Cane Creek Reservoir. American Stone Company (American) leases a portion of the Durham property on the west side of S. R. 1104where it operates an active a rock quarry. As an accessory to the quarry, Nello L. Teer Company (Teer) operates an asphalt plant on a portion of the OWASA property between OWASA's existing reservoir and American's active quarry. OWASA, American, Mr. and Mrs. Durham and Teer have entered into an agreement which, subject obtaining all relevant governmental approvals, calls for the relocation S.R. 1104 and the asphalt plant, which currently separate the reservoir and active quarry, 022 Mr. Marvin Collins August 1,, 1991 Page . 2 to the eastern side of the site so American can expand the active quarry toward the OWASA reservoir. At the end of the quarry operation, but no later than 2029, the expanded quarry and an adjacent buffer will be conveyed automatically by operation of the contract to OWASA for use as an reservoir with additional storage capacity of up to three billion gallons- more than five times the capacity of University Lake. The relocated asphalt plant would be designed and constructed with sophisticated environmental safeguards, as specifically recommended by Camp Dresser and McKee, OWASA's watershed consultant, and consistent with current environmental standards. Current Land Use Category The property is located in the Rural Buffer and University Lake watershed, and is zoned accordingly. The Joint Planning Area Land Use Plan designates uses as public /private open space, resource protection, rural residential and extractive use. Proposed-Land Use Category Applicants propose that the tract be designated as a Rural Industrial Activity Node in the Land Use Plan. Conformity with Pur oses of the Comprehensive Plan. The proposed designation would carry out the intent and purposes of the Land Use Plan by furthering specific goals set out in section 3.5 of the Plan. For Example, Goal ten ( "Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County "), - would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. The fact that this additional capacity can be obtained without acquiring any new agricultural property is consistent with Goal Seven ( "Continued use. of agricultural land and the preservation of the farming way of life ") . The proposal also promotes Goal Six ( "Economic development which meets local needs while protecting the natural environment ") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and 023 Mr. Marvin Collins August 1, 1991 Page 3 indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. By using a mutually beneficial public /private easement to transform a business enterprise into a public water supply reservoir, the proposal advances Goal Number One of the Comprehensive Plan: "To conserve the County's natural environment through means which are equitable to all citizens of Orange County." Special Conditions Making the Proposal Reasonably Necessary 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. 3. The provision of hot mix asphalt within reasonable hauling distance of the local market area. Summary This unique combination of circumstances, in which economic development and natural resource goals are mutually reinforcing, is a "win -win" opportunity with substantial benefits for the applicants and the community at large. Further documentation will demonstrate that economic and environmental costs to the community will be negligible. Sincerely, American Stone Company By :_kpa-tla" - Orange water and Sewer Authority By: P li urh m Alice Durham Oil < = z . 0- < LLI 0 j z < r- V. Lij IL -' / d s z A < LU X uj w co C3 . .. ........ ....... ................. till sa Y" ' W-1 'ivs VA 025 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: JPA -1 -91 and CP -3 -91, American Stone Company, Orange Water & Sewer Authority, and Philip and Alice Durham DATE: OCTOBER 2, 1991 GENERAL DESCRIPTION The property in question is located in Chapel Hill and Bingham Townships along the northern side of NC 54, both east and west of its intersection with Bethel- Hickory Grove Church Road. The total proposal consists of 207.64 acres. The subject area contains five individual properties identified in the following table. The format for property identification is TOWNSHIP.TAX MAP.BLOCK.LOT ( ".." signifies no block designation). Township codes are 6 for Bingham and 7 for Chapel Hill. PROPERTY MAP ACREAGE PLAN CATEGORY (RURAL BDFFER) 1) 7.112..31A 42.67 Rural Res. /Resource Protection 2) 6.28..8A 5.00* Rural Res. /Resource Protection 3) 6.28..9B 84.77 Extractive Use 4) 6.28..9C 15.20 Rural Residential 5) 6.28..9E 60.00 Public /Private Open Space Total 207.64 acres * - Split property, acreage calculated from tax map. This amendment is a request to amend the Joint Planning Area (JPA) and the Orange County Comprehensive Plan. They are referenced as JPA -1 -91 and CP -3 -91. JPA -1 -91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. 1 026 American Stone Company owns this property and operates an existing quarry there under a Special Use Permit issued October 23, 1981. Parcel 6.28..9E is currently owned by the Orange Water and Sewer Authority ( OWASA), and was at one time a quarry as well. With the closing of this quarry, OWASA obtained the site to be used as an emergency backup water source. The storage capacity of this quarry reservoir is 200 million gallons with a safe yield of 0.5 million gallons per day (mgd). Finally, it should be noted that if this (and subsequent) application is approved, Bethel- Hickory Grove Church Road will ultimately be relocated (at applicant's expense) east of its current alignment. The JPA amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP -3 -91 requests the establishment of a Rural Industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban -type services. Such an amendment requires only the approval of the Orange County Commissioners This proposal falls within the jurisdiction of the Joint Planning Area for Orange County, Chapel Hill, and Carrboro. Accordingly, all of this area is currently designated and zoned Rural Buffer in the Joint Land Use Plan. 'stor' cal Pers ectiv Currently there are three existing land uses relevant to this proposal: . 1. The former American Stone Quarry (1969 -1978) located on property 6.28..9E. This.quarry is now an OWASA reservoir. 2. The current American Stone Quarry on property 6.28..9B, which began_operation in 1979. 3. An existing asphalt plant operated by Nello L. Teer Company, on property 6.28..9E. (If this amendment and subsequent applications are approved, the asphalt plant would be modernized and relocated to property 7.112..31A.) The original (former) American Stone quarry came into existence in 1969, prior to the existence of zoning in Bingham Township. This quarry was in operation until 1978. In 1979, OWASA obtained the former quarry as a backup water supply reservoir, for which it is 2 currently used. 027 American Stone began operation at the current quarry site in 1977. Orange County public hearing minutes from October 6, 1981 indicate that the quarry complied with state and federal regulations in Place at the time for new quarrying operations. The enaction of zoning for Bingham Township on September 2, 1981 required the approval of a Special Use Permit for all quarrying operations. Around the time of adoption of zoning, American Stone applied for a Special Use Permit in order to make the quarry use consistent with adopted zoning. Company representatives indicated on October 6, 1981 that they had only become aware of the proposed Zoning Ordinance for Bingham in 1979, two years after beginning operation at the current site. The Special Use Permit for the current quarry was approved by the Board of Commissioners on October 23, 1981. On May 10, 1990, a four -party agreement between the three Petitioners and Nello L. Teer was signed that will transfer ownership of the current quarry to OWASA when anticipated quarrying ends by the year 2030. OWASA plans to utilize the current quarry as a supplementary reservoir in conjunction with the existing stone quarry reservoir. The expanded quarry reservoir will have a capacity of three billion gallons to be filled by a combination of runoff and pumped raw water from Cane Creek reservoir. Three other activities are planned as an overall project through the 1990 agreement. First, OWASA will acquire an additional 100- - acre buffer area around the proposed reservoir. In addition, Bethel- Hickory Grove Church Road would be relocated east of the existing reservoir by American Stone. Finally, Nello L. Teer Company plans to relocate and modernize or renew the existing asphalt plant located adjacent to the former quarry (reservoir). The asphalt plant was in operation prior to the 1981 zoning of Bingham Township. The proposed replacement plant would have a higher capacity of production, but would operate during the same hours, produce less noise, and emit less emissions, according to the owners. APPLICATION RE UIRMUMS 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 provisions of the Orange County Zoning Ordinance 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. 3 2. 028 a. Because of changed or changing conditions in a particular area or areas of the County; The applicant states that the continued growth in southern Orange County has placed a premium on the! location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. The applicant describes changing conditions as follows: 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site: conveniently located for public and private construction projects in southern Orange County. 3. The provision of reasonable hauling market area. b. To correct an error Comprehensive Plan; or hot mix asphalt within distance of the local. or omission in the! 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. No change in policies, objectives, principles or standards has been cited. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modification of policies,, objectives, principles or standards; The applicant states that no change in policies has been made in the initial plan. This request is based on changing conditions only. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or 4 029 This request would create a new activity node at the relocated Bethel - Hickory Grove Church Road and NC 54 intersection. This node would not be an expansion of an existing node. The proposed amendment is therefore, a principal amendment to the Comprehensive Plan and the JPA Plan. C. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres of land area. This request would also expand the Extractive Use designation by over 100 acres, qualifying it as a principal amendment to both plans. 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 that the proposed change to the Joint Planning Area Land Use Plan and Land Use Element of the Comprehensive Plan would appear to conform to the objectives and policies contained in section 3.5 of the Comprehensive Plan. The applicant cites the following: Goal Ten ( "Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County "), would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. Applicant states that this additional capacity can be obtained without acquiring any new agricultural property, consistent with Goal Seven ( "Continued use of agricultural land and the preservation of the farming way of life") 5 030 The applicant additionally states that the proposal also promotes Goal Six ("Economic development which meets local needs protecting the natural environment ") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. Finally, the proposal is described as advancing Goal Number One of the Comprehensive Plan ( "To conserve the County's natural environment through means which are equitable to all citizens of Orange County") by using a mutually beneficial public /private easement to transform a business enterprise into a public water supply reservoir. COMPARISON 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 is not. Additional explanation is provided where the response is not clear cut. The following section analyses the Extractive Use portion of the property against locational criteria, again with an assessment of how the area complies. E*1104:114t i+01WDWi - - *� SLOPE. Located on land with slopes of less than 15%. COMPLIES. Topographic mapping of the area indicates that the majority of this property was slightly sloped before development began. Moderate to steep slopes were evident along the banks of Phil's Creek, which originally crossed this site in a northwest to southeast direction. The original features of the area have been drastically altered by the existing extractive land use. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. l 031 HYDROLOGY. Located outside water supply watersheds where runoff might affect water quality. OUESTIONABLE. This site is located within the University Lake Watershed, and falls under the provisions of the University Lake Watershed Ordinance. The extractive land uses were operating prior to the enactment of the watershed ordinance, although any expansion of that operation should meet the requirements of the ordinance. Surface or subsurface mining operations which require a Mining Permit from the N.C. Department of Natural Resources must also submit an environmental impact statement (EIS) as part of the application for a special use permit. The applicant proposes that runoff will be controlled on- -site, citing that a portion of this operation is raw water storage. Discussions with OWASA staff and review of reports relevant to the subject indicate a greater concern on OWASA's part toward the possibility of runoff and /or a spill from the existing asphalt plant rather than runoff from quarrying operations. These concerns would be largely addressed by the proposed relocation of the asphalt plant. Associated improvements with the plant relocation would include above - ground storage tanks with containment facilities, a modern plant which would operate at lower temperature, and an improved system of emissions control for air pollutants. 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. COQ. This site presents no threat to unique or endangered species (as identified by the state or federal government) if developed as proposed by the applicant. SOIL CONDITIONS. Located in areas where soil conditions and stability are suitable for extractive operations. COMPLIES. The portion of the site west of Bethel- Hickory Grove Church Road is composed of Georgeville silt loam. This quarry provides fill for drainage fields for septic systems in the County. Georgeville soils pose no problems for future development. The remainder of the site east of Bethel- Hickory Grove Church Road is designated Pits, or an area where the soil has been removed by quarrying operations. PUBLIC SERVICES /UTILITIES. Located in areas where urban -type services, especially water and sewer lines, are not needed and should be discouraged. 7 032 COMPLIES. No water and sewer service extension is proposed for the Rural Buffer. On this basis, it would appear that this request complies with the basic criterion of the PUBLIC SERVICES /UTILITIES section for both Rural Industrial Activity Node and Extractive Uses. The applicant intends to use this property as an expansion of an existing quarrying operation, with a proposed future use of a raw water storage facility once quarrying operations have ceased. TRANSPORTATION SYSTEM. Located on or near areas with access to roads that are designed for heavy vehicle operation. COLLIES. This site has access from NC 54 and Bethel- Hickory Grove Church Road, both designated Major Urban Thoroughfares on the Durham - Chapel Hill- Carrboro Thoroughfare Plan. The site fronts approximately 2200 feet along the north side of NC 54, and approximately 2900 feet along the east side of Bethel - Hickory Grove Church Road and 3600 feet along the west side of Bethel- Hickory Grove Church Road. As part of this proposal, Bethel - Hickory Grove Church Road is to be realigned along the northern and eastern portions of the property to divert traffic away from the quarrying operations. Road relocation will be coordinated with the NCDOT. EXISTING LAND USE. Located in areas where the prevailing activity is agriculture, and outside of non -farm clusters of population. COMPLIES. This property is consistent with the requirements for existing land use for the Extractive Uses request. Currently, the predominant land use in this area is rural residential with some agricultural uses. This is typical of land uses within the Rural Buffer area (located in areas outside of Transition and Urban areas where prevailing uses are rural residential and agricultural in nature). AGRICULTURE AND FORESTRY. See Existing Land Uses. COMPLIES. This site is currently developed as a quarry operation and a raw water storage facility. The rural residential, agricultural, and forestry uses which exist in the vicinity have continued and expanded while this quarry has been in operation. The applicant proposes to expand this quarry operation within the present site, providing buffering where necessary to lessen development impact. POPULATION DENSITY. Located in areas of very low population density which is dispersed in a manner typical of rural areas. 8 033 COMPLIES. This area is sparsely developed with single family homes and manufactured housing. HISTORIC AND CULTURAL. Located away from areas where extractive uses would have a detrimental impact on state or federally acknowledged historic/ cultural sites or County - identified Public Interest Areas. COMPLIES. There are no state or federally acknowledged historic /cultural sites or County - identified Public Interest Areas in the vicinity of the proposed amendment. There are however, 2 churches, one cemetery, and one community site in the area as identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County". Hickory Grove Baptist Church and Bethel Baptist Church are located one -half mile northeast of the proposed operation. The Tarheel Sertoma Club and an unnamed cemetery are located approximately three - fourths of a mile west of this site. The following section analyses the Rural Industrial Activity Node portion of this property (CP -3 -91) against locational criteria, again with an assessment of how the area complies. RURAL INDUSTRIAL ACTIVITY NODE SLOPE. Located on land with less than 15% slope. COMPLIES. Topographic mapping of the area indicates that the majority of this property was originally slightly sloped. The original features of the area have been drastically altered by the existing extractive land uses. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. HYDROLOGY. Located outside of 100 -year flood prone areas as identified by-the Corps of Engineers. QUESTIONABLE. cPhil's Creek is shown on the 1983 FERA floodplain maps as having a 100 year floodway approximately 200 feet in width, crossing the site as described under the Slope section. This course has been significantly altered by the existing quarrying operations. It is not clear whether the quarry operation could function outside of this floodplain. Environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time a special use permit was considered. The applicant would address impacts on the floodplain at that ,��, ') 9 034 point. 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. This site presents no threat to unique or endangered species (as identified by the state or federal government) if developed as proposed by the applicant. SOIL CONDITIONS. Located in areas where general soil conditions are suitable for on -site sewage disposal systems. COMPLIES. The portion of the site west of Bethel- Hickory Grove Church Road is composed of Georgeville silt loam. This quarry provides fill for drainage fields for septic systems in the County. Georgeville soils pose no problems for future development. The remainder of the site east of Bethel - Hickory Grove Church Road is designated Pits, or an area where the soil has been previously been removed by quarrying operations. PUBLIC SERVICE /UTILITIES. Located in areas that will not require urban -type services. COMPLIES. No water and sewer service extension is proposed for the rural buffer. On this basis, it would appear that this request complies with the basic criterion of the PUBLIC SERVICES /UTILITIES section for both Rural Industrial Activity Node and Extractive Uses. The applicant intends to use this property as an expansion of an existing quarrying operation, with a proposed future use of a raw water storage facility once quarrying operations have ceased. TRANSPORTATION SYSTEM. Focused on the intersection of arterial and /or collector highways and extending .5 miles beyond such an intersection. COMPLIES. This site has access from NC 54 and Bethel - Hickory Grove Church Road, both designated Major Urban Thoroughfares on the Durham - Chapel Hill -- Carrboro Thoroughfare Plan. The site fronts approximately 2200 feet along the north side of NC 54, and approximately 2900 feet along the east side of Bethel - Hickory Grove Church Road and 3600 feet along the west side of Bethel- Hickory Grove Church Road. As part of this proposal, Bethel - Hickory Grove Church Road is to be realigned along the northern and eastern portions of the property to divert traffic away from the quarrying operations. 10 035 ENERGY USE. Located at least five miles from another Rural Industrial Activity Node. COLLIES. No other Rural Industrial Activity Nodes exist in the Rural Buffer. EXISTING LAND USE. Located in an area surrounded by rural, very low-- density residential uses or agricultural uses.. COMPLIES. This property is consistent with the requirements for existing land use for both the Rural Industrial Activity Node and Extractive Uses requests. Currently, the predominant land use in this area is rural residential with some agricultural uses. This is typical of land uses within the Rural Buffer area (located in areas outside of.Transition and Urban areas where prevailing uses are rural residential and agricultural in nature). AGRICULTURE AND FORESTRY. Located at sites within rural areas that would not unreasonably intrude upon the existing landscape character. COLLIES. This site is currently developed as a quarry operation and a raw water storage facility. The rural residential, agricultural and forestry uses which exist in the vicinity have continued and expanded while this quarry has been in operation. The applicant proposes to expand this quarry operation within the present site. POPULATION DENSITY. Located in areas with a very low- density rural population. COMPLIES. This area is sparsely developed with single family homes and manufactured housing. HISTORIC AND COLTURAL. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic - cultural sites or County identified Public Interest Areas. COMPLIES. There are no state or federally acknowledged historic /cultural sites or County - identified Public Interest Areas in the vicinity of the proposed amendment. There are however, 2 churches, one cemetery, and one community site in the area as identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County". Hickory Grove Baptist Church and Bethel Baptist Church are 11 036 located approximately one -half mile northeast of the proposed operation. The Tarheel Sertoma Club and an unnamed cemetery are approximately three- fourths of a mile west of this site. 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 analyses, 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 expansion of the quarry is a departure from the desired land uses within the Rural Buffer. However, it must be remembered that a quarry operation has existed on this site for a significant period, and the classification of Extractive Uses was created to accommodate this particular use. It should also be noted that the proposal is not the "intrusion" of a new quarry into the area, but represents the connection of a former quarry (now reservoir) to an existing quarry. The applicant states that this use serves the rural community in providing fill for septic tank systems and that the expansion-of this operation will be contained within the current site. 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 12 of water quality; development densities, and water and sewer into this watershed. (C) 037 should occur only at low lines should not be extended 90,TIQUMLE. The Orange County Land Use Element states that ground water is the only supply available to persons in the vast majority of rural areas in the County. While ground water reserves are estimated to be quite large, the crystalline fractured rock of the Piedmont make ground water use impractical for most uses other than small scale residential development. This situation forces most urban areas in the Piedmont to rely almost exclusively on surface water reservoirs for public water supply. The Orange Water and Sewer Authority (OWASA), a co- petitioner for this amendment, was created in June 1975 by Orange County and the towns of Carrboro and Chapel Hill to purchase, operate, and develop the water and sewer system then owned by the University of North Carolina at Chapel Hill. The OWASA system draws from two primary impoundments. University Lake, adjacent to Carrboro on the west, was constructed in 1932. Its current 20 -year safe yield has decreased to 3.0 million gallons per day (mgd) due to accumulations of sediment. A 20 -year safe yield means that for one year in twenty there will be some period for which a water source cannot supply a given amount of water. It is a widely accepted basis for evaluating and designing municipal water supply reservoirs. The Cane Creek Reservoir in Bingham Township was completed in 1989, and can provide the system with an additional 10 mgd. University Lake is augmented by raw water storage in the former American Store Quarry on NC 54 (site of this request). The 20 year safe yield of the quarry is estimated at 0.5 mgd, giving OWASA a total current 20 --year safe yield of 13.5 mgd (with Cane Creek Reservoir). Because Orange County is at or near the headwaters of major drainage basins, the sub - basins from which county suppliers can draw are small. This results in potential reservoir yields that are, as best, modest. It is clear that Orange County does not have the sites with a potential to supply large amounts of water over long periods of time. Even with the Cane Creek Reservoir, the County as a whole could face a demand deficit before the year 2010. This proposal if approved, will provide approximately 3 billion gallons of storage capacity - more than five times the capacity of University Lake. In 1979, the Orange County Board of Commissioners appointed the Water Resources Task Force, investing in it five charges: 13 038 1) defining water quality goals for orange County; 2) reviewing water resources data and compiling an inventory of existing and potential reservoir sites; 3) developing, reviewing, and ranking watershed protection strategies; 4) preparing the water resources section of the County Land Use Plan; and, 5) recommending A long term water resources management plan for Orange County. The Task Force Report recognized the existing quarry reservoir, but did not speak to the suitability of former quarries for water storage. Also, the report did not address the possibility of expanding the existing quarry operation to eventually connect with the quarry reservoir as is now being proposed. The protection of County water supply watersheds from point and non - -point source pollutants through regulation and land use controls was a prominent recommendation of the task force and a focal point of the watershed plan which resulted. Non -point source pollution generations is a function of land use. As a watershed becomes increasingly urbanized, the activities which generate pollutants are increasingly present in the watershed. Increased impervious surface area, as seen in more developed areas, alters the relative magnitude of runoff and infiltration. This can negatively affect the water quality of streams flowing through urban areas. The petitioner states that the relocated asphalt plant would be designed and constructed with sophisticated environmental safeguards, as recommended by Camp Dresser McKee, OWASA'S watershed consultant, and consistent with current environmental standards. The petitioners additionally state that runoff from operations can be controlled on site. 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. (C) NOT APPLICABLE. This development is proposed to occur in the Rural Buffer. 14 039 RURAL AREAS 1) The rural residential and agricultural character of the Township outside the Towns and adjacent transition areas should be maintained. (OC) OUESTIONABLE. The development on this site, both existing and proposed, must be closely monitored to prevent negative impacts on adjoining residential and agricultural land uses. The current uses on this site, due to their intensity, could negatively impact the surrounding rural area without controls offered under the Zoning Ordinance and the Rural Industrial Activity Node classification. The Land Use Element of the Comprehensive Plan, which designates the extractive use designation to the American Stone quarry operation, sought answers to the possible re -uses of this site in a manner acceptable to meet the Land Use Goals of the Joint Planning Area and the County. This site, if properly developed and monitored, may present a viable reuse option for the existing quarry and asphalt plant. 2) Rural lands currently existing between the Chapel Hill /Carrboro urban area and Hillsborough should be preserved. NOT ARPLICABL E. This site does not lie between the Chapel Hill /Carrboro Urban area and Hillsborough. 1) A compact form of development should be achieved avoiding urban sprawl. (0C) 2) The urbanizing areas of the Towns are the major growth centers of the Township. (C) NOT APPLICABLE. This development is proposed to occur in the Rural Buffer. UTILITY EXTENSION 1) The timing of utility extensions and the pace of growth should be coordinated. (C) 2) Water and sewer service should not be extended outside the boundaries of the Joint Planning Area. (C) COMPLIES. No water or sewer services are proposed to be extended inside the Rural Buffer. 15 040 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) NOT APPLICABLE. 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) OT APPLICAB The properties are not in this area.. 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 this area. 5) Duke Forest tracts will not be developed over the period 1980- 2000. (OC) NOT APPLICABLE. Duke Forest tracts are not involved. AGENCY COMMENTS No agency comments have been received. RECOMMENDATION The proposed amendments request two different means to an end which we believe is in the public interest. Amendment JPA -1 -91 requests an expansion of the Extractive Use designation currently applied in the JPA Plan to cover the expansion of the current quarry site. Amendment CP -3 -91 is necessary to create a Rural Industrial Activity Node under the Orange County Comprehensive Plan which would make it possible to request the appropriate zoning for the property's proposed use. 0 041 Both proposed amendments have been evaluated against the Locational Criteria from the Land Use Element of Comprehensive Plan, since JPA amendments are also inherently Comprehensive Plan amendments. The proposed Extractive Use expansion complies with nine of 10 criteria, with a "questionable" evaluation on the criterion relating to "Hydrology" impacts. The issue of hydrology is questionable because the criteria states that "Extractive Use" sites should be outside of water supply watersheds. As such, there are very real questions relating to the stringent University Lake Watershed standards and OWASA- commissioned Camp, Dresser and McKee Study regarding runoff from the expanded quarry and relocated asphalt plant and its potential to damage already sensitive water quality. Staff recognizes, however, that there is a balancing "public good" in this case that mitigates this concern. Likewise, these concerns seem to be answered to the - satisfaction of OWASA through their participation in the May 10, 1990 agreement with American Stone, Nello Teer, and Philip and Alice Durham. The proposed Rural Industrial Activity Node complies with 10 of the same criteria, receiving a "Questionable" evaluation on "Hydrology ". Rural Industrial Activity Nodes, according to the Land Use Element, should be located outside of 100 -year flood -prone areas. The floodplain of Phil's Creek, 200 -feet in width, crosses through the site. This water course has already been altered as part of the quarrying operations. Again, however, there is a mitigating circumstance. The diversion of Phil's Creek is in fact a "fait accompli", and the expansion of the quarry will not further negatively impact the floodplain area. It is not clear whether the quarry could operate outside of the floodplain, nor is it clear what the net effect on downstream water quality will be in the short -run. As noted previously, environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time of special use permit consideration. The applicant would address floodplain impacts at that point. Ultimately, the questions regarding this amendment deal with the public interest and the appropriateness of tradeoffs. Undoubtedly, the creation of an additional water supply source for OWASA will create a future public good, especially since the new quarry reservoir would be coming on -line around the year 2030 as projected water demand would be approaching the capacity of the existing system of reservoirs. In applying the locational criteria for Extractive Use and Rural Industrial Activity Node, HYDROLOGY was the only criterion to receive a "QUESTIONABLE" evaluation. This alone is not 17 042 Justification for a negative recommendation. However, from the standpoint of the requested amendment, HYDROLOGY is arguably the single most important locational criterion. It is precisely for reasons such as this that there are other policy considerations that come into play in acting on such amendments under the JPA and Land Use Element. These considerations take into account the public interest; the health, safety and general welfare of Orange County citizens. In evaluating these amendments against the criteria, the "benefits" of guaranteed future water storage capacity - including safeguards contained in the four -party agreement - seem to outweigh the reservations associated with expanding the use within the watershed. As such, the joint staffs of Chapel Hill, orange County and Carrboro concur with the "changed or changing conditions" cited by applicants and recommend approval of JPA -1 -91. Likewise, Orange County staff concurs with the "changes or changing conditions" cited by applicants and recommends approval of CP -3 -91, with the knowledge that safety measures through the state and the County's Environmental Impact Ordinance will safeguard and greatly increase the likelihood that this proposal will result in a gain for all county and town residents. 18 0 4,4 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 10, 1991 Action Agenda Item # SUBJECT: NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN JPA -2 -91 Proposed Amendments to the Joint Planning Area Land Use Plan and Map CP -4 -91 Proposed Amendments to the Orange County Comprenensive Plan (Land Use Element) and Map DEPARTMENT: PLANNING ATTACHMENT(S): New Hope Corridor Master Plan Map Proposed Amendments to the JPA Land Use Plan Proposed Amendments to the Comprehensive Plan PUBLIC HEARING: X Yes No INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To receive citizen comments on proposed amendments to the Joint Planning Area Land Use Plan and Map and the Orange County Comprehensive Plan (Land Use Element) and Map to incorporate recommendations from the New Hope Creek Corridor Open Space Master Plan. BACKGROUND: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value _of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Produced with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Creek Corridor Open Space Master Plan was presented to the elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. b,.44 Acquisition could be through donation, purchase in fee simple, or purchase of development rights. Some of the wildlife corridors should remain in private ownership. The Orange County portions of the Corridor are 1. Wildlife Corridors, including the 100 --year floodplain; a. New Hope Creek Wildlife Corridor - beginning at the point the creek crosses Mt. Sinai Road (SR 1718) extending through Duke Forest to Erwin Road (SR 1737); also includes a portion of the floodplain along Old Field Creek between the Oosting Natural Area and New Hope Creek; b. Piney Mountain Creek Wildlife Corridor - extending through the Couch Tract of Duke Forest south along Piney Mountain Creek across Mt. Sinai Road to New Hope Creek; c. Rhodes Creek Wildlife Corridor - beginning south of Cornwallis Road extending northeast to Eno River State Park; 2. Wildlife Protection Area, including the 100 - year floodplain between Erwin Road and the Durham County line; 3. Unpaved nature trails; and a. Within Duke Forest on existing roads and trails; b. Across Cornwallis Road (SR 1716) connecting the Couch Tract and the Durham Division of Duke Forest; and c. Along Sunrise Road crossing 1--40 to the Korstian Division access point of Whitfield Road; 4. Hike /pedestrian trails. a. In conjunction with a Scenic Road designa- tion along NC 751 and any future extension; and . b. Following Old NC 10 to Mt. Hermon Church Road, across US Highway 70 to Pleasant Green Road to reach Eno River State Park. On May 28, 1991, the New Hope Creek Corridor open 045 Space Master Plan was presented at public hearing. In August, the County Commissioners directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan to include the New Hope Corridor Plan. RECOMMENDATIONS: For JPA -2 -91, proposed amendments to the Joint Planning Area Land Use Plan and Map, the joint staff recommendation is as follows: The Orange County Planning Staff recommends approval of the proposed amendments. The Town of Chapel Hill Planning Staff recommends approval of the proposed amendments as presented. The Town of Carrboro Planning Staff recommends approval of the proposed amendments as presented. For CP -4 -91, proposed amendments to the Orange County Comprehensive Plan (Land Use Element) and Map, the Orange County Planning Staff recommends approval. 046 0.4'7 PROPOSED AMENDMENT TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP REFERENCE: JPA -2 -91 Section V. Joint Planning Operating Principles (Land Use Classification System) Section VI. Future Land Use - Joint Planning Area ORIGIN OF AMENDMENT: Staff Planning Board X BOCC Public EXPECTED PUBLIC HEARING DATE: October 10, 1991 Pur ose of Amendment: To incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Joint Planning Area Land Use Plan and Map. Impacts /Issues: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. _Acquisition could be through donation, purchase in fee simple or purchase of development rights. On May 28, 1991, the Master Plan was presented at public hearing. In August, the County Commission- ers directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan. The proposed amendment to the Joint Planning Area Land Use Plan will add language to two sections to describe the New Hope Creek Corridor Open Space Areas as an additional category of land use classification in the Transition and Rural Buffer limp Areas. Generally, the new category includes portions of two existing land use classifica- tions, Resource Protection Areas and Public/ Private Open Space Areas. The New Hope Corridor Master Plan map will be added with the Strategy Maps included in the Joint Planning Area Land Use Plan. The Joint Planning Area Land Use Plan Map will be amended to indicate the new land .use classification in the Transition and Rural Buffer Areas (see attachment). EXISTING AND PROPOSED JPA LAND USE PLAN TEST: Section V. JOINT PLANNING OPERATING PRINCIPLES LAND -USE CLASSIFICATION SYSTEM Joint Planning Area Land Use Classification system Transition Areas. (See attachment for revision to the table of JPA Land Use Plan Categories on page 57 to include New Hope Creek Corridor Open Space) The underlying or more detailed land use plan categories include: Resource Protection; Public/ Private Open Space; New Hope _Creek Corridor open Spacel Surburban Residential; Urban Residential; Office - Institutional; Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas designated within Transition Areas of the Joint Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas for the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. PublicLPri.vate_Open_Space Areas in the Transition Areas include UNC lands (excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along 1 -40, and a tract connecting the two landfill sites. These sites provide open space -in the midst of areas planned for urban expansion. 049 New Hope Creek Corridor Q2en S ace Areas include some of the Resource„ Protection Areas and a portion of the Public Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in A ril of 1991. See Master Plan May following Strate Ma s . The areas are nart of a system of o en s ace in Durham and orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up- of critical environmental areas such as stream beds flood lains steeR slo es and larger tracts of historic, educatianal,,or recreational value., - Rural Buffer and Conservation. The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories: Rural Residential; Agricultural; Public /Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay district designated Water Quality Critical Area. Public- Private open space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the 100 -foot buffer along I -40 and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas for the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. New Hope Creek Corridor gRen S ace Areas include some of the Resource Protection Areas and a portion 050 of the Public Private Open Space Areas which were designated as significant and worthy of protection according to the New Hone Corridor Open Space Master Plan com leted in April of 1991. See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope _Creek and its tributaries_ between Eno River State Park and U.S. Army Corps of,_ Engineers land north of Jordan Lake. This category is made Mp of critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic educational or recreational value. Section VI. FUTURE LAND USE - JOINT PLANNING AREA Transition Areas Ten categories of Transition Area have been depicted on the Joint Planning Area Land Use Plan. These categories include: Resource Protection; Public /Private Open Space; New Hope Creek Corridor Open Space: Surburban Residential; Urban Residential; Office- Institutional; Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas Public /Private open space Areas A Public /Private Open Space Area has also been designated along Interstate 40 in both Transition and Rural Buffer Areas to recognize the Major Transpor- tation Corridor (MTC) district established to provide a 100 -foot buffer along that route. The Plan recommends utilization of portions of the buffer to link proposed park and greenway areas together. New Hove -Creek Corridor Oven Space Areas include some of the Resource Protection Areas and a Rortion of the Public /Private Open-Space-Areas which were designated as significant and worthy of _protection according to the New,Hope Corridor Oven Space 051 Master Plan completed in April of ,1991. (See Master Plan Map following Strategy Maps) . The areas are part of a system of open space in Durham and Orange Counties along New its tributaries between Eno River State-Park-and U.S: Army Corps of Engineers land north-of __Jordan Lake. This. category is made up of critical environmental areas such as stream beds, floodplains,_stegp_ slopes, and larger tracts of historic, educational, or recreational value. The New Hope Corridor O en S ace Master Plan describes these areas in detail and makes specific recommendations as to how they should be Rrotected or utilized for environmental educational and or recreational purposes. The Rural Buffer Area Eight categories of Rural Buffer land use have been depicfted on the Land Use Plan. These categories include Resource Protection Areas, Public /Private Open Space Areas, Agricultural Areas, Water Quality Critical Areas, Rural Residential Areas, Retail Trade Areas, and Extractive Uses. Resource Protection Areas Public /Private Open Space Areas New HORS Creek Corridor Open S ace Areas include some of.the Resource_ Protection Areas and a portion of_the Public /Private Open Space-Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open, Space Master Plan completed in A ril of 1991. See Master Plan-Man followin Strate Ma Rs) . The areas are art of a system of open space in Durham and Orancre Counties along New Ho Re Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds flood plains, stee slo es and larger tracts of historic educational or recreational value. The New HO Re Corridor O en Space Master Plan describes these areas in detail and makes specific recommendations as to how they should be Rrotected or 052 utilized for-envirgnmental. educational and or recreational purposes. ORDINANCE REVIEW COMMITTEE: PLANNING BOARD: BOCC: u.. ORANGE COUNTY LAND USE PLAN CATEGORIES Bas c Category Land Use Plan Category DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION Ten -Year Transition Twenty -Year Transition Commercial Transition Activity Node Commercial - Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL, Rural Buffer Rural Residential Agricultural- Residential Rural Neighborhood Activity Node Rural Industrial Activity Node CONSERVATION Public Interest District Water Supply Watershed Water Quality Critical Area JOINT PLANNING AREA LAND USE PLAN CATEGORIES Major Land Use Plan Class Subclass CategorL Resource Protection MEW unE Qr_erx Public- Private Open CaRQ1C7oF_ OPEU 5PA4E&# Space Suburban Residential Transition urban Residential TRANSITION Transition I Office - Institutional Transition II Future UNC - - Development -_ Retail Trade -- _ Light Industrial �`- Disposal Use Water Quality Critical Area µop@ crzE r- Resource Protection RURAL °or-R'P°a ° � Public- Private Open Rural Buffer 4A Space CONSERVATION Agricultural Rural Residential Retail Trade Extractive Use 57 053 P 1�7 O P O S O rte_ Y `- - ^- ns��---'x. -Sr!W: �f'+�:•'.t tii: _ _ /� 1''I 1`1 Q M 1�1 -T .. - . •U �JT- - - - _. - - • -- . OP�il.l SPAG� •• - Orange County - Chapel Hill - C. 0.1 JOINT PLANNING AREA 11� LAND USE PLAN �= FI '�'+ Y - • --.�,1 jam,. •��.� ...._. - -- •_ ' + _ •`, ��r � 4w , TV Go 11Z fir--'- r� ,� �• -' '. ,� •.:, r•_•. _ ,_- 1► t- f•: • ,`,�FT. -tx'� •� -rµ roc= SF._ i� •" ,�! i :..yam 1�� �- -f��' , �r- ',1.� �;� .; 1� F _ ~ w�'�0.•• ,�' -. .rte'• TRANSITION aurew Pretwctlen �• ^j ! �- I M Public Prlvaty Open —..a'► t,_ µ.tyti.re, Spaces J ` } _ z f __� Pp ROSoburbwn Rw.ldwntl.l - � i C C41'r". � �1 e•. P.I .IU •e•......rn ... (, I ` C' car. r.. •..n•n..• •r.• it i C UPb" Rwdd.etial n, I G 011tcw Institutional 1 . Futureso pt•.iopm pm y 1` wwnt , �� •y '' `� �' R.W1 Trades I I Disposal Use 1 V 1 t � AURAL Bti FF'F'R W.tar Ou.11iy ' fir• Crlttcal Ar-a w . •• „• �.•: _ _ F `, •- 11.1+ewk4 GJ``Public 'Privates Opwn E3 Agricultural RnPal Rw-id.wtw ! - .' ��• -- �'' _• .�� 1 © Eztraetive U-a / - �.l e>�. � �. - ~+ _� ``i � Vr, %. •I I ,�,' '" - rte` - • -• _ -- „ • F. SY �^"^� _ ,: ;K.- _� ±.���. - .,;,i:• i _. .��"'� ale.. :r. .- - .. 055 PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND MAP OF THE ORANGE COUNTY COMPREHENSIVE PLAN REFERENCE: CP -4 -91 SECTION SECTION SECTION SECTION SECTION ORIGIN OF AMENDMEN 3.3 3.4 3.10 3.12 4.1 r: LAND USE PLAN CATEGORIES LOCATIONAL CRITERIA ENO TOWNSHIP CHAPEL HILL TOWNSHIP, NORTH OF THE JOINT PLANNING AREA OVERVIEW OF IMPLEMENTATION STRATEGIES Staff Planning Board X BOCC Public EXPECTED PUBLIC HEARING DATE: October 10, 1991 Pur ose of Amendment: To incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Land Use Element and Map of the Orange County Comprehensive Plan. ImpactslIssues: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Jordan Lake. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple or purchase of development rights. On May 28, 1991, the Master Plan was presented at public hearing. In August, the County Commission- ers directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan. The proposed amendment to the Land Use Element of C116V the Comprehensive Plan will add language to describe the New Hope Creek Corridor Open Space as an additional land use category in the Eno and Northern Chapel Hill Township Plans. The New Hope Corridor Master Plan map will be added to the Land Use Element as an appendix as well as shown on the Land Use Plan Map and the Eno and Northern Chapel Hill Township Maps. EXISTING AND PROPOSED LAND USE ELEMENT TEST: SECTION 3.3 LAND USE PLAN CATEGORIES DEVELOPED TRANSITION COMMUNITY RURAL CONSERVATION Public Interest Area Water Supply Watershed Water Quality Critical Area Resource Protection Area New Hope Creek Corridor O gn S ace LAND USE PLAN CATEGORY DESCRIPTIONS NEW HOPE.CREEK CORRIDOR OPEN SPACE. Some of the land worthy of protection according tothe-New Hope Corridor O en Space Master Plan Com leted in April of 1991. See Master Plan Map in the A endices . This tributaries between Eno River State Park and U S Army Corps of Engineers' land north,of Jordan Lake e New Ho a Corridor O en Space is made uR of critical environmental areas such as stream beds, loodplain_s, steep slopes, and larger tracts of historic educational or recreational value. SECTION 3.4 LOCATIONAL CRITERIA 057 PLAN CATEGORY: NEW HOPE CREEK CORRIDOR OPEN.SPACE _(Refer to the New _hope Corridor Open... Space Master Plan for details.) Land -Slope._ Located in areas where slope varies from gradual along_floodplains to 20% and above, Hydrology. Located primarily along New Hope Creek and its tributaries, including the 100 -year floodplain. Designated as "Important Regional Wetland" by U.S. Fish and Wildlife Service. Flora and Fauna. Located _in areas which contain great diversity, including recrionally rare lant s ecies hardwood trees of size and number uncommon for their location, and important wildlife habitat. Soil Conditions.. Located in areas where soil vary from well - drained moderately steer) firm clay to nearly level alluvial soils subject, to flooding` Public Services Utilities. Located in areas where urban-type services will not be recluired and should be discouraged. Transportation System. Located in areas where where the Principal form of transportation will be bike Raths and Pedestrian trails located adjacent to the rights-of-way-of interstate highways and minor arterials. Energy Use. No evaluation. Existing Land Use., Located in areas that are generally_ undeveloped due to slo a or soils limitations in addition to s eciali ed use areas in Duke Forest, and paths /trails adjacent or within road rights-of-way. Agriculture and Forestr . Located in areas which may be suitable for a riculture and forestry, with the-exception of steep slopes. See also Existing Land Use. Po ulation Derisit . Located in areas which by their nature would be very ow density residential areas. Portions in Duke Forest are not for residential use. Historic and Cultural. Located in areas which may have sites and or structures of historic or cultural value as identified by federal state or County government. SECTION 3.10 ENO TOWNSHIP TOWNSHIP PROFILE: SUMMARY AND ANALYSIS U58 Cultural and Natural Resources In the southwest corner of Eno Township is a portion of the New Hope Creek Open Space Corridor which links the Eno River State Park _with _the U._S_. Corps of Engineers I -land north of Jordan Lake. Elements of the corridor in Eno Township are: Rhodes,Creek Wildlife C= dor in the 100-year floodplain from under Interstate 85 and U.S. Highway 70 to-the Eno River State Park; _. Bike /pedestrian trails along NC Highway 751, Old NC 10, Mt.,, Hermon Church Road, and Pleasant Green Road to-Eno River State Park; and An unpaved nature trail in the vicinity of I -85 and U.S. 70 leading to the State Park. L4 ftl ,4p- organizing Concepts 4) Existing Eno River State Park lands and land designated for future development in the Eno River State Park Master Plan should be protected from adverse development pressures. 5) Duke Forest tracts in southern Eno Township, which are a valuable research, teaching, and recreational asset., should be protected from the negative impacts of surrounding development. -61 The -D9Xtion-_gL the New Hope Creek Open Space Corridor in southern Eno Township should _beprotected accordincx to the recommendations of the-New_ Hope Corridor Open Space Master Plan (April 1991). 7) Existing water supply watersheds in the Township should be developed in a manner that minimizes adverse impacts on water quality and does not conflict with agricultural uses. 059 Distribution of Land use Plan Categories RESOURCE PROTECTION AREAS AGRICULTURAL PROTECTION AREAS PUBLIC INTEREST AREAS NEW HOPE CREEK CORRIDOR OPEN SPACE AREAS: New Hope, Creek Corridor O en S ace Areas include some of the Resource Protection Areas and a Rortion of the Public Private O en S ace Areas which were designated as sicrnificant and worth of-protection according to the New Hope Corridor Open S ace Master Plan completed in April of 1991.--(See Master Plan Map in the A endices . The areas are Part of a s stem of open s ace in Durham and orange Counties along New Hone Creek and its tributaries between Eno River State Park and U.S. Army Corns of Engineers land north of Jordan Lake. This Cate or is made up of critical environmental areas such as stream beds flood plains, stee slo es and larger tracts of historic educational or recreational value. [See attached Revision to Eno Township Land Use Plan Map following page 3.10 -17 in the Land Use Element] SECTION 3.12 CHAPEL HILL TOWNSHIP, NORTH OF THE JOINT PLANNING AREA TOWNSHIP PROFILE: SUMMARY AND ANALYSIS Natural Environmental Constraints Cultural and Natural Resources In northern Cha el Hill TownshiR is a portion of the New Hone Creek Open Space Corridor which links the Eno River State Park with the U.S. CgrRs of En ineers' land north of Jordan Lake. Elements of the Corridor in this Dart of the Township are: Rhodes Creek Wildlife Corridor in the 100-year flood lain from south of Cornwallis Road to Old NC 10• Bike edestrian trails alona NC Hicrhwav 751 Old NC 10 and Mt. Hermon Church Road; and An un aved nature trails along existing roads within Duke Forest. 060 PLANNING FRAMEWORK AND APPLICATION organizing Concepts 3. The existing open space system in Chapel Hill Township, including the area north of the Joint Planning Area, which includes Duke Forest, existing agricultural and forest lands, as well as areas identified in the-New Hope Corridor Open Space Master Elan, should be protected from intrusion by incompatible land uses. Distribution of Land Use Plan Categories Land in Chapel Hill Township north of the Joint Planning Area falls into six land classifications. RESOURCE PROTECTION AREAS AGRICULTURAL PROTECTION AREAS PUBLIC INTEREST AREAS NEW HOPE CREEK CORRIDOR OPEN SPACE AREAS: New Hope Creek Corridor 0penSpace Areas include some of the Resource Protection Areas and a portion of the Public /Private Open Space.. Areas which were designated as significant and worthy of protection according to the New Hope Corridor-Open Space Master Plan completed in April of 1991. (See Master Plan Map in the Appendices). The areas are hart of a system of open sgaee in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as-stream beds, floodplains, steeRslop_e_s. and larger tracts of historic, educational,-or recreational value. [See attached revision to the Chapel Hill Township, North of the Joint Planning Area, Land Use Plan Map following page 3.12 -10 in the Land Use Element] SECTION 4.1 OVERVIEW OF IMPLEMENTATION STRATEGIES 661 Thoroughfare Plan Economic Development New HO Re Corridor O en Space Master Plan In 1989 the aoverningLboards of Orange Count Durham Count Durham, and Chapel Hill recognized the importance of a system of own space along New HP-Re Creek and its tributaries between Eno River State Park and U.S. Arm Cor s of Engineers' land north of Jordan Lake. The New Ho a Corridor O en S ace Master Plan includes recommendations for agggiring critical environmental areas such as stream beds flood lains steeR slo es and larger tracts of historic educational or recreational value, c uisition could be through donation urchase in fee simple or purchase of development rights. ORDINANCE REVIEW COMMITTEE: PLANNING BOARD: BOCC: ofDay' AN am RUIZAL. gur -WPM -4 r• ' ' j,i //�� 0. c � r� O b' T- - ` N . a Qs �TATZ,PAR[ ' - ! 641. W Or. ~1 -,JL _s &=--- 70� 1� OC �• b t� 17. DUKE UMIY. C r• v I \ � O �n �?K �-';dE I CHAP. - o (TRA ITI }LEEG"EEND. DUKE rD.ccT d v++ J 100 TEAM FLOOOPLAIR -PROPOSED OPEN k /A°S 1rILDuFC PAOT■CT1ON AREA ANONOMTMAIL'ACCCiS E +1 H.Itw A..Ik A.00.0 A"& I S_% YL Mor" A...0 Area EIS, Mae Cr..k A..... Area y E-4 pry creek Aoo....Ar.. it P+aD A trrld At. E -S so"? crook PSIR A..w 2:1j E+S Y•Irk Peru A...W Ar" !'s 0�.D * - woo MetF" Are. / OF.. OF"* � Q G C C C Q C 4 PROPOSED klKE AMD PEDi3TR1AN TRAIL U j U • —�± PROPOSED MATURE TRAIL 19"09.d) X voawn„rawj SLOPES To AS PROTCCTED d' .� I�■r �urza� 6u�te escuuva+�( of q Pickett Ad. D[1KHAM� 0. O pOP � Q b �> , n , ' F ••, • qty �a� . CORPS OF 9 MIZER 1 wAa OII uFE C IOOA I JORDAN RESERVOIR NEW HOPE 'CORRIDOR OPEN SPACE MASTER PLAN MAP CITY OF DURHAM. N.C. �Ic �toT'e: Rvcz,e.t. 15VF WZ AAtc TILII.MSM115M CITY OF CHAPEL HILL. N.C.EA.5 A1y0�D FGR GI�l.t2l�ICdTrOA! DURHAM COUNTY • - ORANOk COUNTY COULTER ASSOCIATES - Landscape Archltects - Land Planners Durham, N.C. i f Amended July S, 1988 __ -- ___- - - - - -- - - - - - - - - - - - 063 c i i a' t: 1111; 1{ i' �1 SCI- AJEXr PAGI r- Port vCr41 L_ or- Mew t4oPr- CIZ�KCpi�2lG►C� aF'�A► SFACF- EMO TOUN SHIP LRMO USE PLRH LAND USE CATEGO&xzS ACTIVrTY NODES AC.-ft"al Are., ® Rural Neighborhood Ra"%u% e, Prrxection Are., N ® Public Interest Area, E3 ❑ Commercial Transition Agricultural Residential LMRune Residential 0 30 Commercia st l- Indurial Transition Year Transaton ROADS ❑ 20 Year Tran,rtton �+ Interssate SCI$: V1,97 Supply d►ater,hed Arsenal Collector 0 rp00 yo0. �1 SCI- AJEXr PAGI r- Port vCr41 L_ or- Mew t4oPr- CIZ�KCpi�2lG►C� aF'�A► SFACF- ,q,wqw- A am uRttN '� r. COMM. CENTER RD. T Alt OLD N ,- , _ va b TovJ051A -t P mm m w 0-4& l- 41M TovJl�I lf, I P R:oQO sev A Mej1 r,>MF,14r ro T"F_ rnj o TO v AI'F -t 1 P L ,&N D U5F, U51 PL kJ To m C u)m U e Iw NUpe [GCii�ze � L. colze 1Doe. oPl�ki SPACe ED !*- g ■a W F J d 7 = 1� ) a4 r I a ` � A S,'� yy ■ Ld t t�0101 '7 i O u L61 r- > L.6 0 r. 9L HOE Iwo 9. r1 .- . ec LW z a p w >0 16 LL • 99 till 065 056 , C-AJO TDW�tj5F11P ■R�l JENL�J1rf m. M_mmvrnm mli Cµ4PEl. 1411 -L.. TWSP. 1� C-1 . � . l.. ! V �-�� i••�� ��7 rH '•:� •J/J.. '�`�.�; J. J..7J V Goo /s /v �crQaL Y 5OF:Fc1Z p 'p ;16 1� r PItoPo5aV AMekIVHrkl -r -ro T'HP- = GH 4Ve L. H IL-1 -. TOWAlSH IP WORETIA OF T4Fr- 3ow-r PLAT M ll cl ate: LAND USE PLA&I To ttJCLUP0 Mr-W 14DVe CaMEK CtZMVOC OrEW SPdCY--- XORTGAGL & REALTY ASSOCIATES, INC. C/o Be M. Sessoms, Registered Agent Haywood, Denny, Miller, Johnson, Sessoms & Patrick Attorneys P.O. Box 451, Durham, NC 27702 October 8, 1991 GOVERNING BODIES: City of Durham Durham, North Carolina Durham County Durham, North Carolina Town of Chapel Hill Chapel Hill, North Carolina Orange County Hillsborough, North Carolina RE: New Hope Creek Corridor Open Space Master Plan (Plan, herein) as it may affect: Mortgage & Realty Associates' Property per Durham County TM 457, BL 1, LT 1, 2, 3, 9 & 10 Approximately 99 acres ± (Zoned R -20); Orange County TM 16, LT 26, Approximately 43.16 acres ± (Zoned Rural Buffer), (Property, herein) located in Component 4 of the Plan. Dear County Commissioners, City Council and Town Council: The heirs to the Dallas D. Branch, Sr. Estate and owners of the referenced Property (located in Plan Component 4 and referred to as "Branch Estate Remnant Lowlands" in Technical Appendices to the Plan, pages 4 & 59) herein express our concerns relative to the Plan as it may affect our property and its present and future uses. we will follow the proceedings in which the Plan is considered by the respective governing bodies with great interest as their actions will directly affect our ability to make the highest and best use of our property -- a right guaranteed to every property owner. The Plan has merit in concept and principle, but we ask each of the governing bodies to consider our concerns as expressed in the following points in taking action on the Plan: 1. Costs of Implementation of the Plan, Section III, Pages 62 - 68: The costs allocated to the City of Durham and Durham County are approximately 85% of the total; and the costs allocated to the Town of Chapel Hill and Orange County are approximately 15% of the total. -l": County Commissioners, City Council and Town Council October 8, 1991, Page 2 Even though most of the Corridor is in Durham County, this is greatly disproportionate because the residents of Chapel Hill and Orange County will derive and enjoy at least equal benefits from the Plan along with the residents of Durham and Durham County. We submit that the implementation costs should also be allocated and shared at least equally. We urge the governing bodies to develop an equitable allocation of the implementation costs prior to taking action on the Plan. 2. The costs to acquire the Wildlife Protection Area and development rights on adjacent lands as shown on Plan Tables 1 & 2, Pages 63 &164, appear to be seriously underestimated when compared to acquisition costs for the land in several of the developments and subdivisions to the south, east and northeast of the Property. Thus, the total estimated costs of implementing the Plan may be seriously underestimated and before any action is taken on the Plan such costs should be estimated with greater certainty. 3. The portion of the property in Durham County is presently zoned R -20 and all development in the immediate area and to the south, east and northeast of the Property for several miles has been developed consistent with this medium density residential zoning. Further, the long range land use plans which have been adopted thus far endorse the development in this area consistent with such zoning. We will oppose a zoning change from R -20 to Rural Buffer (or similar zone of less density) as such zone change is inconsistent with the development in the area and as endorsed by all long range plans. 4. The timetable for Plan implementation, for all practical purposes, will cloud, inhibit, and restrict the use and value of our property and we oppose this implementation schedule. The Branch Estate heirs and owners of Mortgage & Realty Associates„ Inc., in addition to the concerns and opppQsition expressed above, convey a willingness to investigate mutually beneficial solutions to the concerns expressed above. This is in keeping with the Plan recommendation to the various governing bodies. In the meantime, as we expressed above, we will oppose specific portions of the Plan which will adversely affect the Property and our rights as owners. Sincerely, L4 �s Dr. Dallas D. Branch, J Chairman and Chief Executive Officer Mortgage & Realty Associates, Inc. .. d Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (9 9) 968 -4421 COMMENTS ON PROPOSED REVISIONS TO THE ORANGE COUNTY /CHAPEL HILL / CARRBORO JOINT PLANNING AREA LAND USE PLAN AND MAP 0 PROPOSED REVISIONS TO THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE, COUNTY,-NORTH CAROLINA PUBLIC HEARING CARRBORO ELEMENTARY SCHOOL CARRBORO, NORTH CAROLINA OCTOBER 10, 1991 7:30 P. -M. Presented by James T. Mergner, Vice—Chairman Orange Water and Sewer Authority Good evening. My name is Jim Mergner. I'm the Vice--Chairman of the OrangeWater and Sewer Authority Board of Directors, and am speaking tonight on their behalf. Lois Herring, our regular chairperson, is unable to be here, but extends her best wishes and regards to all of you. My comment's will be brief and, hopefully, to the-point. Part of OW'ASA's essential mission is "to provide our customers with an adequate supply of high quality drinking water." To achieve this, as you know, requires the protection, storage, treatment ''and delivery of a top quality product. Providing the necessary 'capital facilities in an orderly, efficient, and economical' manner requires long range vision and strategic planning. Another element of our mission is "to be guided by the land management! plans approved by [you] the governmental units in the area [that; we] the Authority serves," So, OWASA is a co— applicant to these proceedings in order to advance our mission of providing high quality drinking water, and An Equal Opportunity Employer Orange Water and Sewer Authority Comments to Joint Public Hearing on Stone Quarry Expansion October 10, 1991 Page 2 to be guided by your land management plans. Many of you were present three years ago at our intergovernmental dinner at the Holiday Inn when DWASA first described these efforts to, negotiate an arrangement that would help meet. our water needs well into the 2.1st century. Those negotiations resulted in the agreement described in your background material and which brings us here tonight. No later than the year 2030, the expanded quarry pit will be deeded to OWASA for use as a reservoir that will hold -up to three billion gallons of water. That's equal to the present volume of the Cane Creek Reservoir, and more than five times that of University,Lake. This new reservoir will be used to store high quality water from Cane Creek that would otherwise flow over the dam. The Cane Creek Reservoir cost nearly 20 million dollars. Essentially doubling its storage capacity and gaining a 150 foot buffer margin around the new reservoir would cost nothing. Additionally, the agreement allows DWASA to acquire more than 100 acres of additional land around the new reservoir — an option which will';,help realize our commitment to purchase and protect critical land in the University Lake watershed. By continuing a profitable quarry operation that provides additional tax revenue and jobs to the community, and by doubling OWASA's water storage capacity at no cost to the public, this proposal c,an help achieve several goals of Orange County's Comprehensive Plan. In particular it would provide: • "Clean and safe water supplies available and adequate to meet 'future needs of the residents of Orange County;" and, will provide "Economic development which meets local needs while protecting the natural environment." It is noteworthy that such a significant reservoir can be developed without displacing a single rural resident or farm. We support: the entire multi —party proposal as a complete package. Through the strong terms of QWASA's agreements with the f Orange Water and Sewer Authority Comments to Joint Public Hearing an Stone Quarry Expansion October 10, 1991 Page 3 owner /operators, we are confident that the expanded quarry as well as the renovated and relocated asphalt plant will be operated safely and efficiently with little or no risk to our water supply. And we're confident that the County's own rezoning, special use, and environmental impact requirements will reinforce those safeguards as we proceed into the next phase of the permitting sequence. This proposal appears to be a true "win -win" opportunity, not only for the public /private applicants, but for the entire community.' OWASA encourages you to amend the Joint Planning Area Land Use Plan and Map, and the Land Use Element and Map of the Orange County Comprehensive Plan as described in our application and in your background materials. Either I, or OWASA staff, will be glad to answer any questions you may have tonight or during the local review by your respective ',jurisdictions. Thank you very much. v y ORANGE COUNTY PLANNING DEPARTMENT t 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 rti41 MEMORANDUM TO: Orange County Board of Commissioners John M. Link, Jr., County Manager Betty Eidenier, Planning Board Chair Paul Thames, County Engineer Ted Abernathy, Economic Development Director Roger Walden, Chapel Hill Planning Director Roy Williford, Carrboro Planning Director Ed Holland, Orange Water and Sewer Authority Dan Jewell, Design Council of Chapel Hill / Carrboro Steve Yuhasz, ENT Land Surveys, Inc. Alois Callemyn, RLS FROM: Emily C. Cameron, ASLA, Planner II SUBJECT: Guidelines for New Subdivision Development in the University Lake Watershed DATE: October 10, 1991 The Planning Department publication, Guidelines for New Subdivision Development in the University Lake Watershed is now in its final form and available for public distribution. While preparing the copy -ready document, I discovered that the introduction page had been inadvertently omitted from the copy I sent to each of you at the end of August. Please insert the page attached to this memo in the front, of your copy before the Table of Contents. Since I received no comments during September regarding the form or content of the guide, no revisions were made. .y J IL !7_4 ,s l a a fi �o A 9L, b CrQ rQ ro CL CD ••! S� y T p 0 Q �J•-�• 0. n n_ to W ••� a ° CD 14. y CD o RL CD �» co coo �. CD CD Cr b o r: CD •v �, '� .. • D ° ro CD CD (D CD c[ r + 0 a. R V1 CL D fD CD trG y � O p 0 0 m c�D �Y rQy' (gyp � ?� r r-� • y � A. 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Box 451, Durham, NC 27702 October 8, 1991 GOVERNING BODIES: City of Durham Durham, North Carolina Durham County Durham, North Carolina Town of Chapel Hill Chapel Hill, North Carolina Orange County Hillsborough, North Carolina RE: New Hope Creek Corridor Open Space Master Plan (Plan, herein) as it may affect: Mortgage & Realty Associates' Property per 'Durham County TM 457, BL 1, LT 1, 2, 3, 9 & 10 'Approximately 99 acres ± (Zoned R -20); �Orange County TM 16, LT 26, Approximately 43.16 acres ± (Zoned Rural Buffer), (Property, herein) _ located in Component 4 of the Plan. Dear County Commissioners, City Council and Town Council: The heirs to the Dallas D. Branch, Sr. Estate and owners of the referenced Property (located in Plan Component 4 and referred to as "Branch Estate Remnant Lowlands" in Technical Appendices to the Plan, pages 4 &59) herein express our concerns relative to the Plan as it may affect our property and its present and future uses. We will follow the proceedings in which the Plan is considered by the respective governing bodies with great interest as their actions will directly affect our ability to make the highest and best use of our property -- a right guaranteed to every property owner. The Plan has merit in concept and principle, but we ask each of the governing bodies to consider our concerns as expressed in the following points in taking action on the Plan: 1. 'Costs of Implementation of the Plan, Section III, Pages 62 - 68: The costs allocated to the City of Durham and Durham County are approximately 85% of the total; and the costs allocated to the Town of Chapel Hill and Orange County are approximately 15% of the total. R r ,_ •c„ ����, w County Commissioners, City Council and Town Council October 8,, 1991, Page 2 Even though most of the Corridor is in Durham County, this is greatly disproportionate because the residents of Chapel Hill and Orange County will derive and enjoy at least equal benefits from the Plan along with, the residents of Durham and Durham County. We submit that the implementation costs should also be allocated and shared at least equally. We urge the governing bodies to develop an equitable allocation of the implementation costs prior to taking action on the Plan. 2. The costs to acquire the Wildlife Protection Area and development rights on adjacent lands as shown on Plan Tables 1 & 2, Pages 63 & 64, appear to be seriously underestimated when compared to acquisition costs for the land in several of the developments and subdivisions to the south, east and northeast of the Property. Thus, the total estimated costs of implementing the Plan may be seriously underestimated and before any action is taken on the Plan such costs should be estimated with greater certainty. 3. The portion of the property in Durham County is presently zoned R -20 and all development in the immediate area and to the south, east and northeast of the Property for several miles has been developed consistent with this medium density residential zoning. Further, the long range land use plans which have been adopted thus far endorse the development in this area consistent with such zoning. We will oppose a zoning change from R -20 to Rural Buffer (or similar zone of less density) as such zone change is inconsistent with the development in the area and as endorsed by all long range plans. 4. The timetable for Plan implementation, for all practical Purposes, will cloud, inhibit, and restrict the use and value of our property and we oppose this implementation schedule. The Branch Estate heirs and owners of Mortgage & Realty Associates, Inc., in addition to the concerns and oppposition expressed above, convey a willingness to investigate mutually beneficial ',solutions to the concerns expressed above. This is in keeping with the Plan recommendation to the various governing bodies. In the meantime, as we expressed above, we will oppose specific portions of the Plan which will adversely affect the Property and our rights as owners. inc\ ely, Dr. Dallas D. Branch, Chairman and Chief Executive Officer Mortgage & Realty Associates, Inc. ���� ►`•� 209 Ridgeway Drive Greensboro, NC 27403 DISTRIBUTED Tel. 919- 272 -4879 /c- October 7, 1991 le ZOC7 Orange County Planning Commission C/o Mr. Marvin Collins, planning Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Re: JPA -1 -91 American Stone Company Proposed Amendment Dear Commission Members: In response to a notice dated Sept. 20, 1991, from Mr. Marvin Collins, Orange County Planning Director, regarding a proposed amendment to the Orange County /Chapel Hill /Carrboro Joint Planning Area Land Ilse Plan and the Land Use Element of the Orange Count, Comprehensive Plan, specifically, JPA -1 -91 American Stone Com an , I wish the record to show that I ooRpose the amendment. The reason for my opposition is that I have and am herewith requesting answers to the following questions from American Stone Co., Nello Teer Co., and Orange County Planning Dept., namely: 1. ,Effects of the relocated asphalt-plant and expanded quarry? What effect(s) will the relocated asphalt plant and expanded quarry have upon the seedling sized, genetically improved loblolly pines which I planted in 1983 on my 69 -acre tract adjoining the American Stone Co. quarry? What pollution (air, water, groundwater, thermal, noise, etc.) will the plant produce? What is the danger of a toxic or chemical spill from the plant? What implications for limiting future alternative uses of my land will the relocated plant have? I have requested that American Stone consider rebuilding the asphalt plant at the existing site or north of the existing site, but have received no reply. What other alternatives exist for American Stone's quarry and for OWASA`s water storage facility? 2. Effects of relocated Bethel Church Road S.R. 1104)? How does relocated S.R. 1104 fit into the County's Master Road Plan? What are the implications of locating the road adjacent to a feeder stream of University Lake? When I clearcut my land in 1982, I left a stream buffer of existing trees and vegetation along this stream. Will the relocated road nullify the effects of this buffer? In addition to the Broadwell Road and'American Stone Company's proposed routes, what other alternatives have been explored for relocating S.R. 1104? What a re :the implications of leaving S.R. 1104 where it is? Yours trul , Ro gex- : . I1Ux Siam, L. S. c: R. Paxton Badham, Jr. OWASA draw fire for its ro..e�F, in qu.arry Plant By BLAKE DICKINSON The Chapel Hill Herald 10 CARRBORO — Plans to ex- pand quarrying and asphalt op- erations in the University .Lake watershed and the Orange Water and Sewer Authority's role in those plans drew fire at a public hearing this week. "OWASA should be on the outside making critical state- ments," Carrboro Alderman Tom Gurganus said during the joint public hearing of Carrbo- ro, Chapel Hill and Orange County officials. At issue. was a proposed revision of their joint planning area land -use map and the county's comprehensive plan to allow quarrying and an asphalt plant. l wonder if OWASA would . have the same comments relat- ing to all this if they did not stand to gain (from it)?" Gurga- nus asked. The three boards, their plan- ning staffs and about 30 audi- ence members met in the Carrboro Elementary School au- ditorium to hear comments" about the plan to move the Nello Teer asphalt plant and to allow American Stone to quarry land between its present quarry and OWASA's Stone Quarry res- ervoir. The mining operation would also require the reloca- tion of Bethel- Hickory Grove Church Road east of the exist- ing reservoir by American Stone. When the mine closes in 2030, OWASA would obtain the proposed quarry site and the ca- pacity to store an additional 3 billion gallons of raw water, ac- cording to a four -part agree- ment signed in May 1990 be- tween OWASA, Nello Teer, American Stone and the Philip Durham farnily. The matter has now been re- "I do invite you to come to my home and sit in my living room any time they blast and feel the vibrations. Each time it blasts that impact affects us. We're really getting fed up and there's no place to go. Roy Delon Resident near quarry ferred to the respective plan- ning boards. It is scheduled to come before the Chapel Hill Town Council and Carrboro board in November and the Or- ange County Board of Commis- sioners in January. .OWASA's main mission is to supply an adequate supply of high- quality water to its users, OWASA Board of Directors' Vice Chairman lien Mergner said dur- ing the hearing. "OWASA is a co- applicant ... to foster our mis- sion." Constructing Cane. Creek res- ervoir, which also holds about 3 billion gallons, cost OWASA $20 million, Mergner said. This pro- posal would allow the ' utility to equal that storage without fur- ther cost, without harming the environment and "without dis- turbing a single rural resident or farm," he said. "This pro- posal appears to be a true win - win opportunity." The county, Chapel Hill and Carrboro planning staffs recom- see QUARRY /2 Teer seeks approval to relocate plant CARRBORO — Local elected officials tonight will hold a joint public hearing on a proposal for moving an existing. asphalt plant to land near OWASA's Stone Quarry reservoir. The land is located in the University Lake watershed. If it wins approval, the plan would eventually allow Nello Teer to move and expand its ex- isting asphalt mine near the quarry. The plan to move the ,- mine is spelled out in a legal ' contract that involves Nello Teer, OWASA, American Stone Quarry and the Philip Durham % `farnily. When the mine closes, OWASA would be . allowed to use the abandoned quarry for water storage at no cost, the contract says. The quarry would double OWASA's capacity, ac- cording to utility officials. Tonight's public hearing will involve members of the Orange County Planning Board, the Chapel Hill Town Council and Carrboro Board of Aldermen. It is scheduled to begin at 7:30 p.m. at Carrboro Elementary School. on rainforest tvttire- CHAPEL HILL -- Rainforests are the topic of tonight's meet- ing of the Triangle Group of the Sierra Club. Greg Gangi will speak at the meeting, which is open to the public, beginning at 7:30 P.M. today at the Church of Recon- ciliation, 110 N. Elliott Road in Chapel Hill. �.a ❑ w r9 � :, � �' � � � �'- C O � � re ��.. .roy ,tnv- ro r5 Uti Vl ' . ry '7. ••1 O4 O $ry .W_. C R �'` ti, v C. rw, n po R rC G ro • '*� ^.. :z y b .W y et ro C -° 'y ro `�''• w p '�' G 'C7 �' 2 '� o ro rCJ r. 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We �.�.�, E1.ge .p PT 79.w,45, L�V� ORANGE COUNTY PLANNING DEPARTMENT 003 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 r� NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ORANGE COUNTY /CHAPEL HILL /CARRBORO JOINT PLANNING AREA LAND USE PLAN AND MAP AND PROPOSED REVISIONS TO THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Article 20, Sections 20.5 and 20.6, and Article 2, Sections 2.2.12 and 2.2.13, of the Orange County Zoning Ordinance; and Article 2 of a Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is hereby given that a public hearing will be held in the Carrboro Elementary School Auditorium on Shelton Street in Carrboro, N.C. on October 10, 1991, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: JOINT PLANNING AREA LAND USE PLAN The proposed amendments to the Joint Planning Area Land Use Plan and Man are as follows: 1. JPA -1 -91 American Stone Com an The property in question is located on the north side of N.C. Highway 54 on either side of Bethel- Hickory Grove Church Road (SR 1104). The property contains 207.64 acres and is specifica11y described as Lots 8A (Part), 9B, 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on N.C. Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for a distance of 3,600 feet, and on the east side of SR 1104 for a distance of 2,920 feet. The property is currently designated as Extractive Use, Resource Protection, Public /Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The applicant is requesting that the Extractive Use designation be extended to all of the properties described above. Mrs 2. JPA --2;91 New' Ho a Corridor Open S ace Master Plan In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects.& Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory. Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in'fee simple or purchase of development rights. The purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Joint Planning Area Land Use Plan and Map. Amendments to the Joint Planning Area Land Use Plan and Map require the unanimous approval of Orange County and the Towns of Chapel Hill and Carrboro. ORANGE COUNTY COMPREHENSIVE PLAN. The proposed amendments to the Land Use Element and Map of the Orange County Comprehensive Plan are as follows: 1. CP -3 -91 American Stone Company The property in question is located on the north side of N.C. Highway 54 on either side of Bethel- Hickory Grove Church Road (SR 1104). The property contains 207.64 acres and is specifically described.as Lots 8A (Part), 9B, 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on N.C. Highway 54 for a distance of 2,240 feet, on the west side of SR 1104 for • distance of 3,600 feet, and on the east side of SR 1104 for • distance of 2,920 feet. The property is currently designated as Public Interest Area and Rural Buffer on the Land Use Element Map. The applicant is requesting that a Rural Industrial Activity Node be established on N.C. Highway 54, to encompass the properties described above. 2. CP -4 -91 New Hope Corridor Open S ace Master Plan In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek., and U.S. Corps of Engineers' land at Lake 005 Jordan The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple or purchase of development rights. The purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Land Use Element and Map of the Orange County Comprehensive Plan. Amendments to the Land Use Element and Map require only the approval of Orange County. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8 :00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill - Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: September 25, 1991 October 2, 1991 Al liNs ORANGE COUNTY 007 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 10, 1991 Action Agenda Item # SUBJECT: AMERICAN STONE COMPANY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN AND ORANGE COUNTY COMPREHENSIVE PLAN DEPARTMENT: PLANNING PUBLIC HEARING x Yes No ATTACHMENT(S): - Application Materials Evaluation INFORMATION CONTACT: Marvin Collins, Ext. 2592 Gene Bell, Ext. 2589 . TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To receive public comment on a request to amend the Joint Planning Area (JPA) Land Use Plan and Land Use Element of the orange County Comprehensive Plan. BACKGROUND: Applications have been received to amend the JPA Land Use Plan and the Orange County Comprehensive Plan. They are referenced as JPA -1 -91 and CP -3 -91. They are submitted on behalf of American Stone Company, the Orange Water and Sewer Authority (OWASA), and Philip and Alice Durham. The subject area is composed of five properties referenced as Chapel Hill Township, Tax Map 112, lot 31A and Bingham Township, Tax Map 28, lots 8A (part), 9B, 9C and 9E. The subject area contains approximately 208 acres and is located north of NC 54 at the intersection of Bethel- Hickory Grove Church Road. The proposed amendments which will be considered jointly are summarized as follows: JPA -1 -91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. The amendment application requests that the extractive use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. _ CP -3-91 requests the establishment of a rural industrial activity node covering the subject properties. A rural industrial activity node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban -type services. Such an amendment requires only the approval of the Orange County Commissioners. RECOMMENDATION: The Orange County, Chapel Hill, and Carrboro Planning staffs recommend approval of the proposed amendments as contained in the attached analysis. Following conclusion of the Public Hearing, the matter should be referred to the towns of Chapel Hill and Carrboro for decision and then to the Orange County Planning Board for a recommendation to the County Commissioners. A proposed schedule for consideration is as follows: Chapel Hill. November 19, 1991 - Planning Board Recommendation November 25/26, 1991 - Town Council Decision Carrboro November 7, 1991 - Planning Board Recommendation November 19, 1991 -- Board of Aldermen Decision Orange_ County December 16, 1991 - Planning Board Recommendation January 6, 1992 - County Commissioners Decision DK9:1010AMST.DOC NORTHEN, BLUE, LITTLE, ROOKS, TxIBAUT & ANDERSON 009 JOHN A. NORTHEN J. WILLIAM BLUE, JR. J. ANDERSON LITTLE DAVID M. ROOKS, III CHARLES H. THIBAUT CHARLES T. L. ANDERSON JO ANN RAGAZZO WOODS CAROL J. HOLCOMB JAMES C. STANFORD .ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 CHAPEL HILL, NORTH CAROLINA 27514 August 19, 1991 MAILING ADDRESS: P. 0. BOX 2208 CHAPEL HILL, NC 27515-2208 ( 919) 968-4441 ,19) 942 -6603 A IV 10 Mr. R. Eugene Bell, AICP Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: Application of American Stone Company, Orange Water & Sewer Authority and Philip and Alice Durham to amend the Joint Area Land Use Plan and the Comprehensive Plan Dear Mr. Bell: Thank you for your letter of August 13, 1991. Please treat this letter as an amendment to the application filed on August 5, 1991. 1 The "Specific Data" section of the application should be amended to show the following: Township Tax Map/Block/Lot Bingham 28..8A (approximately 5 acres) 28..9B 28..9C 28..9E Chapel Hill 112-31A The tota ),_acreage is 207.64 and the total square footage is 9,044,798.44. The project has a total frontage on N. C. 54 of 2,240 feet with a frontage on S. R. 1104 of 3,600 feet on the west side and 2,920 feet on the east side. Under the "Request" section of the application, the Land Use Plan Category Designations requested should be amended to add "Extractive Use" to the Rural Industrial Activity Node already requested. I understand this is necessary for the purpose of amending the Joint Planning Area Land Use Plan. I have attached a revised legal description which takes the revised tax map designations into account. Please note that the description for TM 6.28..8A includes only that portion of the lot which will be part of the project. olo NoRTHEN, BLUE, LITTLE, Rooxs, THIBAUT & AxDF.HsoN R. Eugene Bell August 19, 1991 Page.2 The section of the letter attached to the application entitled "Special conditions making the Proposal Reasonably Necessary" was an attempt to address the issue of what changing conditions in the area and in the County generally make the proposed amendment reasonably necessary. The critical point is that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. I have advised American Stone Company of the application fee which I believe would be $1,198.20. American Stone will send a check in this amount directly to you. Please call me if you have any questions. Sincerely, a N-ViR 50 DMR /tjh Enclosures cc: Mr. R. Paxton Badham, Jr. Mr. W. Everett Billingsley Mr. H. Wayne Phears PROPERTY DESCRIPTION TM:. 7.112..31A 01-1 BEGINNING at rock and pointers on the Old Bethel Church Road, small road, the Northeast corner of the Church property; running thence with the Church property and others South 22 Deg. East 22 chains to a stake in a branch; running thence down the said branch the following courses and distances; South 70 Deg. West 7 of a chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains; South 42 Deg. West 1.50 chains; South 45 Deg. West 1.60 chains; South 36 Deg. West 2.60 chains and South 20 Deg. West 1 chain to an ash; thence along a branch South 41 Deg. 30' West 8.60 chains running thence up a gully the following courses and distances; North 29 Deg. West 2.50 chains; North 13 Deg. West 1.70 .chains; North 29 Deg. East 1.50 chains; North 3 Deg. East 1.5 chains; North 7 Deg. West 3 chains to the head of the gully; running thence North 26 Deg. West 7 chains to the center of the old road the following courses and distances; North 60 Deg. East 2.40 chains, North 56 Deg. East 2.50 chains; North 37 Deg. East 3 chains; North 21 Deg. East 5 chains; North 10 Deg. East 3.50 chains; North 35 Deg. East 1 chain; North 50 Deg. East 2 chains and North 45 Deg. East 4.80 chains to the beginning, containing 40 acres. TM: 6.28..9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104), said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence South 47 Deg. 48' West 88.68 feet to a stake; running thence South 47 Deg. 00' West 197.87 feet to a stake; running thence South 59 Deg. 14' West 165.00 feet to a stake; running thence South 70 Deg. 22' West 158.38 feet to a stake; being a control corner; running thence North 77 Deg. 04' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527.15 feet to the point and place of BEGINNJNG, being 12.166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S., dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28..9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right -of -way of N.C. Highway 54 and the eastern or 012 southeastern line of� the right -of -way in the Bethel Church Road, and running thence-from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20' 15" East 1999.33 feet to an iron stake which is located, at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527.15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux., South 77 Deg. 04' 30" East 316.69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54' East 259.43 feet to an iron stake; South 21 Deg. 421 30" East 196.06 feet to an iron stake; South 0 Deg. 19' East 175.93 feet to an iron stake; South 02 Deg. 18' East 159.15 feet to an iron stake; South 26 Deg. 46' West 147.32 feet to an iron stake; South 09 Deg. 50' East 113.25 feet to an iron stake; South 23 Deg. 25' West 188.17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right -of -way of N.C. Highway 54; thence along and with the northern right -of- way of N.C. Highway 54 North 76 Deg. 37' 45" West 1420.00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 687.70 feet to an iron stake in the right -of -way of the east and south side of Bethel Church Road, the place and point of BEGINNING, and being parcels A and B, containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Ballentine- Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28..9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road); thence along the right of way of Highway 54 a curve to the left with a radius of 5752.32 an arc distance of 185.32 feet to an iron stake; thence North 06 Deg. 38' 3911 West 626.73 feet to an iron stake; thence North 12 Deg. 38' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685.75 feet in said direction); thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27' 54" East 125.07 feet to an iron stake; South 69 Deg. 52' 57" East 73.75 feet to an iron stake; South 38 Deg. 26' 33" East 176.56 feet to an iron stake; South 63 Deg. 36' 24" East 49.57 feet to an iron stake; South 19 Deg. 14' 15" East 150.13 feet to an iron stake; South 58 Deg. 06' 013 30" East 139.38 _feet'to an iron stake; North 31 Deg. 09' 26" East 83.69 feet to an\ ron stake; thence along the property line of American Stone Company North 04 Deg. 14' 08" East 923.62 feet to an iron stake; thence along the property now or- formerly owned by George Tate, Jr. South 87 Deg. 11' 23" East 1650.00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc., James R. Hudson, R.L.S., entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham ", dated July 1, 1976. TM: 6.28..8A BEGINNING at a point in Phil's Creek, the northeast corner of the property of Philip and Alice Durham thence in a northeasterly direction approximately 480 feet to a point thence in an easterly direction approximate 280 feet to a point in the western line of the property of Philip Durham and Alice Durham, thence along the western line of the Durham property South 2 Deg. 48' lo" West approximately 447.99 feet to a stake; thence South 6 Deg. 35' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 32' 10" West 83.71 feet to an iron stake in the northern margin of Phil's Creek; thence with the center line of Phil's Creek in a northwest direction a distance of approximately 720 feet to the point and place of beginning and being approximately 5 acres and being a portion of the 18.679 acre tract conveyed to American Stone Company by W. Erwin Yates and Nancy Yates. �I! c N 0 W E h , a E C � ¢ \\ Q y N a \ NSHIP �I ui a �\ 7p N,SNIP a o+ z �i I � � � tau. s `' � o_ �•'• •'� E� a ; a `• Ep... cV... EH it trj CL id H Q OD $• l - • ,. U W W E 0 CD mQ A • N A N Y7 m i J y � � � !:• -- � - ODOR -T �cu ro Q o a ro rn (Kit I � o L ! ' cL E C E3 $W •-I .J..1 h Q] U _ O z z O O GQ cJ C W m H U . 34 0U � rn 0 � G O cn I y) II• A Caq� W O E +) - � W W'Z. a w 01.E O p U a 7 `n OO C a3i cliI Z o ro r� 0 as En 0 �I E fro N m haz 404 ro--i C rn i w ►+ a z c a HO •• ro z W o h E> Z E Hw>4 z m a x E E, M E rS C+•1-I G7 (ij�7a7 H f4 N aE P 004 04 04 N Pa WU4 �I! c N 0 W E h , a E C � ¢ \\ Q y N a \ NSHIP �I ui a �\ 7p N,SNIP a o+ z �i I � � � tau. s `' � o_ �•'• •'� E� a ; a `• Ep... cV... EH it trj CL id H Q OD $• l - • ,. U W W E 0 CD mQ A • N A N Y7 m i J y � � � !:• -- � - ODOR -T �cu w Q N - (Kit I L ! ' _ t7 Q M � .J..1 h Q] U _ O GQ cJ C c V r � � O cn I y) II• � � I ! cliI Z o �I E �I! c N 0 W E h , a E C � ¢ \\ Q y N a \ NSHIP �I ui a �\ 7p N,SNIP a o+ z �i I � � � tau. s `' � o_ �•'• •'� E� a ; a `• Ep... cV... EH it trj CL id H Q OD $• l - • ,. U W W E 0 CD mQ A • N A N Y7 m i J y � � � !:• -- � - ODOR -T �cu N ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 LAND USE PLAN AMENDMENT APPLICATION _11 persons requesting an amendment to the Land Use Plan of Orange :ounty are- required to complete the following application as completely :s possible: 015 11 X OFFICE USE ONLY RE UE S T S P— �- I sa C. P- 3 -Cl 1) AU6 DATE RECEIVED: S- 5-1991 IISoArn. �1 VED STAFF PERSON (S ) RESPONSIBLE: Gene &11, Dove Sianc, ENERAL DATA: American Stone Company, Orange Water -1roperty Owner(s) Name: and- Spy.7,7u- Alithority, _Philipai3dAti.re nirham Mailing Address: 'hone: kgent(s) Name: 4ail-ing Address: 'hone: ;PECIFIC DATA: (Home) David M Rooks, III (Work) P.O. Box 2208 Cha el Hill. NC 275IS-22OR (919 968 -4441' 'ax Reference: Township Bingham— Tax Map 28 Block Lot 9 and 98 3ublic /Private Road Name: NC 54 and Bethel Church Road Jot Size: Acreage 278 Square Footage 12,113,600 3,600- N.C. 54 Lot Frontage 4, 080- Vs _SR ljg$ Depth 3,600- W/s SR 1104 :urrent Plan Category Designation(s): General Rural Buffer Activity Node No- watershed Yes Joint - Planning Area -Yes PROPERTY DESCRIPTION TM: 7.112..32 atom Situated on the Southeast side of the Bethel Church Road (N.C. Secondary Road No. 1104) and BEGINNING at a point in the centerline of said road, corner with Bethel Baptist Church; running thence with the Southern line of Bethel. Baptist Church the following courses and distances: South 63 Deg. 27' East 414.11 feet to an iron stake, South 64 Deg. 37' 50" East 576.50 feet to an iron stake, and South 60 Deg. 21' 15" East 332.12 feet to an iron stake; running thence South 77 Deg. 27' 33" West 825.99 feet to an iron stake; running thence North 20 Deg. 53' 35" West 437.81 feet to an iron stake in the centerline of the old (abandoned) Chapel Hill - Greensboro Road; thence with the centerline of "said old Chapel Hill-Greensboro-Road the following courses and distances: South 4.7 Deg. 34' 32" West 226.97 feet to an iron stake, South 50 Deg. 21' 15" West 184.47 feet to an iron stake, South 35 Deg. 17' 51" West 94.82 feet to an iron stake, South 11 Deg. 23' 58" West 187.52 feet to an iron stake, South 19 Deg. 01' 57" West 177.30 feet to an iron stake, and South 21 Deg. 18' 49" West 154.86 feet to an iron stake in the line of the Orange Water and Sewer Authority; running thence with the East line of said Authority North 25 Deg. 44' 26" 806.56 feet to a point in the centerline of N.C. Secondary Road No. 1104; running thence with the centerline of S.R. 1104 North 53 Deg. 15' East 809.07 feet to the point and place of BEGINNING, containing 17.977 acres according to plat and survey of Robert J. Ayers, Surveyor, dated September 19, 1988, entitled "Property of George L. Wheless ". TM: 7.112..31A BEGINNING at a stake located in the line of Carey W. Durham and in the north line of the 60' easement of N.C. State Highway 54; running thence from said beginning point along the western line of the property of Carey W. Durham North 4 Deg. 10' West 312.40 feet to an iron -at.-a cedar tree; running thence along the western line of the property of Carey W. Durham North 23 Deg. 46' West 66.0 feet to an iron located at a walnut tree stump and at the southwestern corner of the property of T.M. Greene; running thence along the line of the property of T.M. Greene North 34 Deg. 52' West 101.0 feet to a stake; running along the said western line of the property of T.M. Greene North 16 Deg. 02' West 81.82 feet to a stake located at the intersection of the eastern line of the property of S.D. Durham and the said western line of the property of T.M. Greene; running thence South 20 Deg. 50' West i88.25 feet to a stake; running thence South 50 Deg.,46' West 276.68 feet to a stake located on the line of the property of S.D. Durham; running thence South 20 Deg. 06' West 82.02 feet to a stake located on the northern line of the 60' easement of N.C. State Highway 54; running thence with the said northern line of the 60' easement of N.C. 017 State Highway 54.452.04 feet to the point and place of BEGINNING, being the property' -of Jack Carlisle, according to the plat and survey of-Sidney V. Credle, Registered Land Surveyor, dated October 6, 1978.. - TM: 6.28..9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104), said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20' 15" East 951.32 feet to an iron stake; running thence South 22 Deg. 26' 45" East 713.12 feet to a stake; running thence South 47 Deg. 48' West 88.68 feet to a stake; running thence South 47 Deg. 00' West 197.87 feet to a stake; running thence South 59 Deg. 14' West 165.00 feet to a stake; running thence South 70 Deg. 22' West 158.38 feet to a stake; being a control corner; running thence North 77 -Deg. 04' 30" West 316.69 feet to a stake; running thence North 31 Deg. 41' 45" West 527.15 feet to the point and place of BEGINNING, being 12.166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S., dated October 29, 1982, revised March 16, 1983, and recorded in Plat Book 36 at Page 189, Orange County Registry, to which reference is hereby made for a more particular description of same. EXCEPTING from said tract the following parcels of land: BEGINNING at an iron stake at the common corner of the Property of S.D. Durham and the Property of E.A. Brown on the southern, margin of Bethel Church Road (SR 1104), thence running South 24 Deg. 28' East 192.32 feet to an iron stake; running thence South 65 Deg. 12' West 174.55 feet to an iron stake; running thence North 33 Deg. 30' West 187.40 feet to an iron stake in the southern margin of Bethel Church Road; running thence North 33 Deg. 30' West 34 feet to the center line of Bethel Church Road; running thence with the center line of said road North 62 Deg. 53' East 210 feet to an iron stake; running thence South 24 Deg. 28' East 34 feet to the point and place of BEGINNING, being 0.99 acres, more or less. TM: 6.28..9 BEGINNING at a stake in the southeastern edge of the 60 foot right of way of SR 1104 (Bethel Church Road), the northwest corner of a 2.251 acre tract, said stake being North 56 Deg. 20' 15" East 25 feet from a stake in the edge of the right of way at the northeast corner of the orange Water and Sewer Authority Property; running thence along and with the right of -way of SR 1104 North 56 Deg. 20' 15" East 204 feet to an iron stake; running thence South 31 Deg. 41' 45" East 490 feet to a stake; running thence South 61 Deg. 231 30" West 204.18 feet to a stake; running thence North 31 Deg. 41 45 West 472.00 feet to the point and place of BEGINNING, Ntoo] being 2.251 acres,.more or less. BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) in the westernmost corner of the Orange Water and Sewer Authority Property; running thence South 75 Deg. 30' East 687.70 feet to a stake; running thence South 0 Deg. 06' West 326.67 feet to a stake on the northern margin of State Highway 54; running thence North 76 Deg. 37' 45" West 780.19 feet along the northern margin of NC 54 to a stake; running thence North 42 Deg. 40' West 95.33 feet to a stake; running thence in a northerly and clockwise direction along an arc having a radius of 375.00 feet for a distance of 303.21 feet along the southern margin of Bethel. Church Road to the point and place of BEGINNING, being 5.919 acres, more or less as per plat and survey of ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE, by Robert J. Ayers, R.L.S., dated March 16, 1979, and recorded in Plat Book 30 at Page 168, Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6.28..9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5.919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303.21 feet from a marker in the northern line of the right -of -way of N.C. Highway 54 and the eastern or southeastern line of the right -of --way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20' 15" East 1999.33 feet to an iron stake which is located at the southwest corner of a 15.238 acre tract shown on the map as S. David- Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41' 45" East 527.15 feet to An iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux., South 77 Deg. 04' 30" East 316.69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54' East 259.43 feet to an iron stake; South 21 Deg. 42' 30" East 196.06 feet to an iron stake; South 0 Deg. 19' East--175.93 feet to an iron stake; South 02 Deg. 18' East 159.15 feet to an iron stake; South 26 Deg. 46' West 147.32 feet to an iron stake; South 09 Deg. 50' East 113.25 feet to an iron stake; South 23 Deg. 25' West 188.17 feet to an iron stake; South 53 Deg. 21' West 276.68 feet to an iron stake; and South 22 Deg. 41' West 82.02 feet to an iron stake in the northern right -of --way of N.C. Highway 54; thence along and with the northern right -of- way of N.C. Highway 54 North 76 Deg. 37' 45" West 1420.00 feet to an iron stake, the southeast corner of the 5.919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5.919 acre tract North 0 Deg. 06' East 326.67 feet to an iron stake, the northeast corner of said 5.919 acre tract; thence along and with the northern line of said 5.919 acre tract North 75 Deg. 30' West 68'7.70 feet to an iron stake in the right -of -way of the east and south side of Bethel 019 Church Road, the place and point of BEGINNING, and being parcels A and B, - containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER `AUTHORITY QUARRY RESERVOIR SITE" prepared by Bel lent ine- Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7, 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168, to which said map and record reference is hereby made for a more accurate and complete description. TM: 6.28..9B BEGINNING at a concrete monument at the northwest corner of the intersection between, N.C. Highway 54 and State Road 1104 (Bethel Church Road); thence along the right of way of Highway 54 a curve to the left with a radius of 5752.32 an' arc distance of 185.32 feet to an iron stake; thence North 06 Deg. 38' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38' 16" East to the centerline of Phils Creek (an iron stake *along Phils Creek being located 1685.75 feet in said direction); thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27' 54" East 125.07 feet to an iron stake; South 69 Deg. 52' 57" East 73.75 feet to an iron stake; South 38 Deg. 26' 33" East 176.56 feet to an iron stake; South 63 Deg. 36' 24" East 49.57 feet to an iron stake; South 19 Deg. 14' 15" East 150.13 feet to an iron stake; South 58 Deg. 06' 30" East 139.38 feet to an iron stake; North 31 Deg. 09' 26" East 83.69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14' 08" East 923.62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 11' 23" East 1650.00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59' 56" East 688.92 feet to an iron pin in the right of way of State Road 1104; thence along said right of way South 51 Deg. 08' 49" West 3467.55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100.00 acres according to a survey by Southeastern Surveys, Inc., James R. Hudson, R.L.S., entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham ", dated July 1, 1976. TM: 6.28..SA BEGINNING at a stake in the eastern margin of Auburn Davis (Deed Book 117, Page 172, and Deed Book 209, Page 741, Orange County Registry) and the Southwest corner of David McCauley (Deed Book 181, Page 413, orange County Registry) running thence with the southern margin of David McCauley North 88 Deg. 47' East 508 feet and North 55 Deg. 58' 30" East 1046.66 feet to a stake; running thence South 38 Deg. 46' 40" East 217.40 feet to an iron stake; thence South 02 Deg. 48' 10" West 727.99 feet to a stake; thence South 06 Deg. 35' 55" West 196.78 feet to an iron stake; thence 020 South 30 Deg. 32' ' loll West 83.71 feet to an iron stake in the northern-margin of .Phil's Creek, thence with the center line of said Creek to a stake in the eastern margin of Auburn Davis, referenced by the following courses and distances: North 50 Deg. 04' 30" West .113 feet, North 30 Deg. 36' 50" West 163.51 feet, North 64 Deg. 14' 30" West 49.59 feet, North 39 Deg. 04' 30" West 176.50 feet, North 70 Deg. 31" West 73.75 feet, North 86 Deg. 06' 10" West 124.98 feet, South 65 Deg. 44' 30" West 92.66 feet, South 25 Deg. 04' 10" West 83.66 feet, South 43 Deg. 26' 30" West 66.73 feet, North 86 Deg. 18' 1011 West 188.89 feet, North 67 Deg. 55' 10" West 105.06 feet, South 59 Deg. 38"4011 West 127.76 feet, South 24 Deg. 28' 20" West 64.31 feet, North 83 Deg. 06' 00" West 145.59 feet, South 47 Deg. 05' 50" West 70.87 feet., North 83 Deg. 18' 20" West 40.38 feet and South 58 Deg. 26' West 72.27 feet, running thence with the said eastern line of Auburn Davis North 2 Deg. 25' 10" East 459 feet to the point and place of BEGINNING and being 18.679 acres according to plat, of Fulton and Associates, entitled Property of American Stone Co., dated October 17, 1979. 021 August 1, 1991 Mr. Marvin Collins Director, Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: American Stone Co. quarry - N. C. Highway 54 Dear Mr. Collins: This letter is submitted in support of our application to amend the Orange County Land Use Plan and the Joint Planning Area Land Use Plan to designate the area surrounding the existing American Stone Company quarry and Orange Water and Sewer Authority reservoir on N. C. 54 near S. R. 1104 as a Rural Industrial Activity Node where extractive uses are allowed. Identification of property. The tracts affected are at the intersection of S. R. 1104 (Bethel -- Hickory Grove Church Rd.) and N. C. 54, and are described on the attached map. The specific owners are as follows: Owner TM American Stone Company 7.112..31A 7.112..32 6.28..8A 6.28..9 6.28..9C Orange Water and Sewer Authority 6.28..9E Philip and Alice Durham 6.2$._9B Orange Water and Sewer Authority ( OWASA) uses the old quarry pit on its property conjunctively with University Lake to store excess water from the Cane Creek Reservoir. American Stone Company (American) leases a portion of the Durham property on the west side of S. R. 1104 where it operates an active a rock quarry. As an accessory to the quarry, Nello L. Teer Company (Teer) operates an asphalt plant on a portion of the OWASA property between OWASA's existing reservoir and American's active quarry. OWASA, American, Mr. and Mrs. Durham and Teer have entered into an agreement which, subject obtaining all relevant governmental approvals, calls for the relocation S.R. 1104 and the asphalt plant, which currently separate the reservoir and active quarry, 022 Mr. Marvin Collins August 1,, 1991 Page 2 to the eastern side of the site so American can expand the active quarry toward the OWASA reservoir. At the end of the quarry operation, but no later than 2029, the expanded quarry and an adjacent buffer will be conveyed automatically by operation of the contract to OWASA for use as an reservoir with additional storage capacity of up to three billion gallons- more than five times the capacity of University Lake. The relocated asphalt plant would be designed and constructed with sophisticated. environmental safeguards, as specifically recommended by Camp Dresser and McKee, OWASA's watershed consultant, and consistent with current environmental standards. Current Land Use Category The property is located in the Rural Buffer and University Lake watershed, and is zoned accordingly. The Joint Planning Area Land Use Plan designates uses as public /private open space, resource protection, rural residential and extractive use. Proposed Land Use-Category Applicants propose that the tract be designated as a Rural Industrial Activity Node in the Land Use Plan. Conformity_ with Purposes of the Comprehensive Plan.. The proposed designation would carry out the intent and purposes of the Land Use Plan by furthering specific goals set out in section 3.5 of the Plan. For Example, Goal ten ( "Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County "), would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA's water treatment plant. The fact that this additional capacity can be obtained without acquiring any new agricultural property is consistent with Goal Seven ( "Continued use of agricultural land and the preservation of the farming way of life ") . The proposal also promotes Goal Six ( "Economic development which meets local needs while protecting the natural environment "), by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and 023 Mr. Marvin Collins', August 1, 1991 Page 3 indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. By using a mutually beneficial public /private easement to transform a business enterprise into a public water supply reservoir, the proposal advances Goal Number One of the Comprehensive Plan: "To conserve the County's natural environment through means which are equitable to all citizens of Orange County." S ecial Conditions Making the Proposal Reasonably Necessary I. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. 3. The provision of hot mix asphalt within reasonable hauling distance of the local market area. Summary This unique combination of circumstances, in which economic development and natural resource goals are mutually reinforcing, is a "win -win" opportunity with substantial benefits for the applicants and the community at large. Further documentation will demonstrate that economic and environmental costs to the community will be negligible. Sincerely, American Stone Company By : Oa ra .- Orange Water and Sewer Authority By: n ti � C J °l• y- r. J C w 4 t ul V) J Z C c Jr� y C C x 1 Oa C z o DIN wN IND L` 3 6 C ~ w O� C I {Y 0 NN %p Y� O 7 C1 w l i+r J Ae Q � i Q 0 U Q in o p 4 w • p 4 n ti � C J °l• y- r. J C w 4 t ul V) J Z C c Jr� y C C x 1 Oa C z o DIN wN IND L` 3 6 C ~ w O� C I {Y 0 NN %p Y� O 7 C1 w l i+r J Ae Q � i Q 0 U Q in o p 025 M E L I 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: JPA -1 -91 and CP -3 -91, American Stone Company, Orange Water & Sewer Authority, and Philip and Alice Durham DATE: OCTOBER 2, 1991 GENERAL DESCRIPTION The property in question is located in Chapel Hill and Bingham Townships along the northern side of NC 54, both east and west of its intersection with Bethel- Hickory Grove Church Road. The total proposal consists of 207.64 acres. The subject area contains five individual properties identified in the following table. The format for property identification is TOWNSHIP.TAX MAP.BLOCK.LOT ( ".." signifies no block designation). Township codes are 6 for Bingham and 7 for Chapel Hill: *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PROPERTY MAP ACREAGE PLAN CATEGORY RURAL BUFFER 1) 7.112..31A 42.67 Rural Res. /Resource Protection 2) 6.28..8A 5.00* Rural Res. /Resource Protection 3) 6.28..9E 84.77 Extractive Use 4) 6.28..9C 15.20 Rural Residential 5) 6.28..9E 60.00 Public /Private Open Space -------------------------------- Total- 207.64 acres * - Split property, acreage calculated from tax map. This amendment is a request to amend the Joint Planning Area (JPA) and the Orange County Comprehensive Plan. They are referenced as JPA -1 -91 and CP -3 -91. JPA -1 -91 requests expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. Currently Bingham Township, Tax Map 28, lot 9B is the only property so designated. 1 626 American Stone Company owns this property and operates an existing quarry there under -a.Special Use Permit issued October 23, 1981. Parcel 6.28..9E is currently owned by the Orange Water and Sewer Authority ( OWASA), and was at one time a quarry as well. With the closing of this quarry, OWASA obtained the site to be used as an emergency backup water source. The storage capacity of this quarry reservoir is 200 million gallons with a safe yield of 0.5 million gallons per day (mgd). Finally, it should be noted that if this (and subsequent) application is approved, Bethel- Hickory Grove Church Road will ultimately be relocated (at applicant's expense) east of its current alignment. The JPA amendment application requests that the extractive. use category be extended to the remaining properties. Amendments to the JPA Land Use Plan require the unanimous approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. CP -3 -91 requests the establishment of a Rural Industrial Activity Node covering the subject properties. A Rural Industrial Activity Node is land focused on designated road intersections in the rural areas that is appropriate for small scale industrial uses which do not require urban -type services. Such an amendment requires only the approval of the Orange County Commissioners This proposal falls within the jurisdiction of the Joint Planning Area for Orange County, Chapel Hill, and Carrboro. Accordingly, all of this area is currently designated and zoned Rural Buffer in the Joint Land Use Plan. Historical Pers_pecti�e Currently there are three existing land uses relevant to this proposal: 1. The former American Stone Quarry (1969 -1978) located on property 6.28..9E. This quarry is now an OWASA reservoir. 2. The current American Stone Quarry on property 6.28..9B, which began operation in 1979. 3. An existing asphalt plant operated by Nello L. Teer Company, on property 6.28..9E. (If this amendment and subsequent applications are approved, the asphalt plant would be modernized and relocated to property 7.112..31A.) The original (former) American Stone quarry came into existence in 1969, prior to the existence of zoning in Bingham Township. This quarry was in operation until 1978. In 1979, OWASA obtained the former quarry as a backup water supply reservoir, for which it is 2 027 currently used. American Stone began operation at the current quarry site in 1977. Orange County public hearing minutes from October 6, 1981 indicate that the quarry complied with state and federal regulations in place at the time for new quarrying operations. The enaction of zoning for Bingham Township on September 2, 1981 required the approval of a Special Use Permit for all quarrying operations. Around the time of adoption of zoning, American Stone applied for a Special Use Permit in order to make the quarry use consistent with adopted zoning. Company representatives indicated on October 6, 1981 that they had only become aware of the proposed Zoning Ordinance for Bingham in 1979, two years after beginning operation at the current site. The Special Use Permit for the current quarry was approved by the Board of Commissioners on October 23, 1981. On May 10, 1990, a four -party agreement between the three petitioners and Nello L. Teer was signed that will transfer ownership of the current quarry to OWASA when anticipated quarrying ends by the year 2030. OWASA plans to utilize the current quarry as a supplementary reservoir in conjunction with the existing stone quarry reservoir. The expanded quarry reservoir will have a capacity of three billion gallons to be filled by a combination of runoff and pumped raw water from Cane Creek reservoir. Three other activities are planned as an overall project through the 1990 agreement. First, OWASA will acquire an additional 100 - acre buffer area around the proposed reservoir. In addition, Bethel- Hickory Grove Church Road would be relocated east of the existing reservoir by American Stone. Finally, Nello L. Teer Company plans to relocate and modernize or renew the existing asphalt plant located adjacent to the former quarry (reservoir). The asphalt plant was in operation prior to the 1981 zoning of Bingham Township. The proposed replacement plant would have a higher capacity of production, but would operate during the same hours, produce less noise, and emit less emissions, according to the owners. 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 Plan, it falls within the Rural Buffer area in which provisions of the Orange County Zoning Ordinance 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. 3 2. 025 a. Because of changed or changing conditions in a particular area or areas of the County; The applicant states that the continued growth in southern Orange County has placed a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. The applicant describes changing conditions as follows: 1. The scarcity of suitable sources of high quality water to serve the growing needs of southern Orange County. 2. The availability of stone at a site conveniently located for public and private construction projects in southern Orange County. 3. The provision of hot mix asphalt within reasonable hauling distance of the local market area. b. To correct an error or omission in the Comprehensive Plan; or 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. No change in policies, objectives, principles or standards has been cited. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modification of policies, objectives, principles or standards; The applicant states that no change in policies has been made in the initial plan. This request is based on changing conditions only. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (lo) acres in land area; or 4 3. 029 This request would create a new activity node at the-relocated Bethel- Hickory Grove Church Road and NC 54 intersection. This node would not be an expansion of an existing node. The proposed amendment is therefore, a principal amendment to the Comprehensive Plan and the JPA Plan. C. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres.of land area. This request would also expand the Extractive Use designation by over 100 acres, qualifying it as a principal amendment to both plans. 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 that the proposed change to the Joint Planning Area Land Use Plan and Land Use Element of the Comprehensive Plan would appear to conform to the objectives and policies contained in section 3.5 of the Comprehensive Plan. The applicant cites the following: Goal Ten ( "Clean and safe water supplies available and adequate to meet future needs of the residents of orange County "), would be advanced by providing an expanded reservoir with the capacity to store up to three billion gallons of excess Cane Creek water. The site is conveniently located adjacent to OWASA's raw water transmission main between the Cane Creek Reservoir and OWASA,s water treatment plant. Applicant states that this additional capacity can be obtained without acquiring any new agricultural property, consistent with Goal Seven ( "Continued use of agricultural land and the preservation of the farming way of life ") 0 030 The applicant additionally states that the proposal also promotes Goal Six ("Economic development which meets local needs protecting the natural environment") by continuing a quarry operation that provides additional tax revenues and employment opportunities, both directly and indirectly. The expanded storage reservoir will provide additional high quality water for the community at little capital cost to the public. Finally, the proposal is described as advancing Goal Number One of the Comprehensive Plan ( "To conserve the County's natural environment through means which are equitable to all citizens of Orange County ") by using a mutually beneficial public /private easement to transform a business enterprise into a public water supply reservoir. COMPARISON 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 is not. Additional explanation is provided where the response is not clear cut. The following section analyses the Extractive Use portion of the property against locational criteria, again with an assessment of how the area complies. EXTRACTIVE USES SLOPE. Located on land with slopes of less than 15 %. COMPLIES. Topographic mapping of the area indicates that the majority of this property was slightly sloped before development began. Moderate to steep slopes were evident along the banks of Phil's Creek, which originally crossed this site in -a' northwest to southeast direction. The original features of the area have been drastically altered by the existing extractive land use. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. 6 031 HYDROLOGY.. Located outside water supply watersheds where runoff might affect water -quality. QUESTIONABLE. This site is located within the University Lake Watershed, and falls under the provisions of the University Lake Watershed Ordinance. The extractive land uses were operating prior to the enactment of the watershed ordinance, although any expansion of that operation should meet the requirements of the ordinance. Surface or subsurface mining operations which require a Mining Permit from the N.C. Department of Natural Resources must also submit an environmental impact statement (EIS) as part of the application for a special use permit. The applicant proposes that runoff will be controlled on -site, citing that a portion of this operation is raw water storage. Discussions with OWASA staff and review of reports relevant to the subject indicate a greater concern on OWASA's part toward the possibility of runoff and /or a spill from the existing asphalt plant rather than runoff from quarrying operations. These concerns would be largely addressed by the proposed relocation of the asphalt plant. Associated improvements with the plant relocation would include above - ground storage tanks with containment facilities, a modern plant which would operate at lower temperature, and an improved system of emissions control for air pollutants. 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. This site presents no threat to unique or endangered species (as identified by the state or federal government) if developed as proposed by the applicant. SOIL CONDITIONS. Located in areas where soil conditions and stability are suitable for extractive operations. COMPLIES._ The portion of the site west of Bethel- Hickory Grove Church Road is composed of Georgeville silt loam. This quarry provides fill for drainage fields for septic systems in the County. Georgeville soils pose no problems for future development. The remainder of the site east of Bethel- Hickory Grove Church Road is designated Pits, or an area where the soil has been removed by quarrying operations. PUBLIC SERVICES /UTILITIES. Located in areas where urban -type services, especially water and sewer lines, are not needed and should be discouraged. 7 032 COMPLIES. No water and sewer service extension is proposed for the Rural - Buffer. On this basis, it would appear that this request complies with the basic criterion of the PUBLIC SERVICES /UTILITIES section for both Rural Industrial Activity Node and Extractive Uses. The applicant intends to use this -property as an expansion of an existing quarrying operation, with a proposed future use of a raw water storage facility once quarrying operations have ceased. TRANSPORTATION SYSTEM. Located on� or near areas with. access to roads that are designed for heavy vehicle operation. COMPLIES. This site has access from NC 54 and Bethel- Hickory Grove Church Road, both designated Major Urban Thoroughfares on the Durham- Chapel Hill- Carrboro Thoroughfare Plan. The site fronts approximately 2200 feet along the -north side of NC 54, and approximately 2900 feet along the east side of Bethel- - Hickory Grove Church Road and 3600 feet along the west side of Bethel - Hickory Grove Church Road. As part of this proposal, Bethel - Hickory Grove Church Road is to be realigned along the northern and eastern portions of the property to divert traffic away from the quarrying operations. Road relocation will be coordinated with the NCDOT. EXISTING LAND USE. Located in areas where the prevailing activity is agriculture, and outside of non -farm clusters of population. COMPLIES. This property is consistent with the requirements for existing land use for the Extractive Uses request. Currently, the predominant land use in this area is rural residential with some agricultural uses. This is typical of land uses within the Rural Buffer area (located in areas outside of Transition and Urban areas where prevailing,uses are rural residential and agricultural in nature). AGRICULTURE AND FORESTRY. See Existing Land Uses. CO PLIES.. This site is currently developed as a quarry operation and a raw water storage facility. The rural residential, agricultural, and forestry uses which exist in the vicinity have continued and expanded while this quarry has been in operation. The applicant proposes to expand this quarry operation within the present site, providing buffering where necessary to lessen development impact. POPULATION DENSITY. Located in areas of very low population density which is dispersed in a manner typical of rural areas. 8 033 g LI,S. This area is sparsely developed with single family homes and manufactured housing. HISTORIC AND CULTURAL. Located away from areas where extractive uses would have a detrimental impact on state or federally acknowledged historic/ cultural sites or County - identified Public Interest Areas. COMPLIES. There are no state or federally acknowledged historic /cultural sites or County - identified Public Interest Areas in the vicinity of the proposed amendment. There are however, 2 churches, one cemetery, and one community site in the area as identified in the 1986 "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County". Hickory Grove Baptist Church and Bethel Baptist Church are located one -half mile northeast of the proposed operation. The Tarheel Sertoma Club and an unnamed cemetery are located approximately three - fourths of a mile west of this site. The following section analyses the Rural Industrial Activity Node portion of this property (CP -3 -91) against locational criteria, again with an assessment of how the area complies. RURAL INDUSTRIAL ACTIVITY NODE SLOPE. Located on land with less than 15% slope. COMPLIES. Topographic mapping of the area indicates that the majority of this property was originally slightly sloped. The original features of the area have been drastically altered by the existing extractive land uses. Topography has been altered to divert the majority of all runoff into the quarry area. The alignment of Phil's Creek has been changed from its original course diagonally crossing the site from northwest to southeast to the perimeter of the site. HYDROLOGY. Located outside of 100 -year flood prone areas as identified-by-the Corps of Engineers. STIONABLE. Phil's Creek is shown on the 1983 FEMA floodplain maps as having a 100 year floodway approximately 200 feet in width, crossing the site as described under the Slope section. This course has been significantly altered by the existing quarrying operations. It is not clear whether the quarry operation could function outside of this floodplain. Environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time a special use permit was considered. The applicant would address impacts on the floodplain at. that r� point. FLORA AND FAUNA. Located away from sites tr 034 036 located approximately one -half mile northeast of the proposed onerAtion. The Tarheel Sertoma Club and an unnamed cemetery 03S 1) defining water quality goals for orange County; 2) reviewing water resources data and compiling an inventory of existing and potential reservoir sites; 3) developing, reviewing, and ranking watershed protection strategies; 4) preparing the water resources section of the County Land Use Plan; and, 5) recommending a long term water resources management plan 040 ALLOCATION OF GROWTH 1) Areab where public facilities and services are available should be developed before such areas where services are not yet available. (CH) NOT_APPLICABLE. 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 APPLICABL 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) NOT APPLICABLE. The properties are not in this area. 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 this area. 041 Both proposed amendments have been evaluated against the Locational Criteria from the Land Use Element of Comprehensive Plan, since JPA amendments are also inherently Comprehensive Plan amendments. The proposed Extractive Use expansion complies with nine of 10 criteria, with a "questionable" evaluation on the criterion relating to "Hydrology" impacts. The issue of hydrology is questionable because the criteria states that "Extractive Use" sites should be outside of water supply watersheds. As such, there are very real questions relating to the stringent University Lake Watershed standards and OWASA- commissioned Camp, Dresser and McKee Study regarding runoff from the expanded quarry and relocated asphalt plant and its potential to damage already sensitive water quality. Staff recognizes, however, that there is a balancing "public good" in this case that mitigates this concern. Likewise, these concerns seem - to be answered to the-satisfaction of OWASA through their participation in the May 10, 1990 agreement with American Stone, Nello Teer, and Philip and Alice Durham. The proposed Rural Industrial Activity Node complies with 10 of the same criteria, receiving a "Questionable" evaluation on "Hydrology ". Rural Industrial Activity Nodes, according to the Land Use Element, should be located outside of 100 -year flood -prone areas. The floodplain of Phil's Creek, 200 -feet in width, crosses through the site. This water course has already been altered as part of the quarrying operations. Again, however, there is a mitigating circumstance. The diversion of Phil's Creek is in fact a "fait accompli", and the expansion of the quarry will not further negatively impact the floodplain area. It is not clear whether the quarry could operate outside of the floodplain, nor is it clear what the net effect on downstream water quality will be in the short -run. As noted previously, environmental review procedures would apply to an expanded quarry. Also, a full environmental impact statement would be required at the time of special use permit consideration. The applicant would address floodplain impacts at that point. Ultimately, the questions regarding this amendment deal with the public interest and the appropriateness of tradeoffs. Undoubtedly, the creation of an additional water supply source for OWASA will create a future public good, especially since the new quarry reservoir would be coming on -line around the year 2030 as projected water demand would be approaching the capacity of the existing system of reservoirs. In applying the Locational criteria for Extractive Use and Rural Industrial Activity Node, HYDROLOGY was the only criterion to receive a "QUESTIONABLE" evaluation. This alone is not Fed 042 justification for a negative recommendation. However, from the standpoint -of the requested amendment, HYDROLOGY is arguably the single most important locational criterion. It is precisely for reasons such as this that there are other policy considerations that come into play in acting on such amendments under the JPA and Land Use Element. These considerations take into account the public interest; the health, safety and general welfare of Orange County citizens. In evaluating these amendments against the criteria, the "benefits" of guaranteed future water storage capacity - including safeguards contained in the , four -party agreement - seem to outweigh the reservations associated with expanding the use within the watershed. As such, the joint staffs of Chapel Hill, Orange County and Carrboro concur with the "changed or changing conditions" cited by applicants and recommend approval of JPA -1 -91. Likewise, Orange County staff concurs with the "changes or changing conditions" cited by applicants and recommends approval of CP -3 -91, with the knowledge that safety measures through the state and the County's Environmental Impact Ordinance will safeguard and greatly increase the likelihood that this proposal will result in a gain for all county and town residents. 18 04-06 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 10, 1991 Action Agenda Item # SUBJECT: NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN JPA -2 -91 Proposed Amendments to the Joint Planning Area Land Use Plan and Map CP --4 -91 Proposed Amendments to the Orange County Comprehensive Plan (Land Use Element) and Map DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S): New Hope Corridor Master Plan Map Proposed Amendments to the JPA Land Use Plan Proposed Amendments to the Comprehensive Plan INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill -- 967 - 9251/968 -4501 PURPOSE: To receive citizen comments on proposed amendments to the Joint Planning Area Land Use Plan and Map and the Orange County Comprehensive Plan (Land Use Element) and Map to incorporate recommendations from the New Hope Creek Corridor Open Space Master Plan. BACKGROUND: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Produced with the assistance of a multi- jurisdictional Advisory Committee, the New Hope Creek Corridor Open Space Master Plan was presented to the elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. b,44 Acquisition could be through donation, purchase in fee simple, or purchase of development rights. Some of the wildlife corridors should remain in private ownership. The orange County portions of the Corridor are I. Wildlife corridors, including the 100 -year floodplain; a. New Hope Creek Wildlife Corridor - beginning at the point the creek crosses Mt. Sinai Road (SR 1718) extending through Duke Forest to Erwin Road (SR 1737); also includes a portion of the floodplain along Old Field Creek between the Oosting Natural Area and New Hope Creek; b. Piney Mountain Creek Wildlife Corridor - extending through the Couch Tract of Duke Forest south along Piney Mountain Creek across Mt. Sinai Road to New Hope Creek; c. Rhodes Creek Wildlife Corridor - beginning south of Cornwallis Road extending northeast to Eno River State Park; 2. Wildlife Protection Area, including the 100 - year floodplain between Erwin Road and the Durham County line; 3. Unpaved nature trails; and a. Within Duke Forest on existing roads and trails; b. Across Cornwallis Road (SR 1716) connecting the Couch Tract and the Durham Division of Duke Forest; and c. Along Sunrise Road crossing I -40 to the Korstian Division access point of Whitfield Road; 4. Bike /pedestrian trails. a. in conjunction with a Scenic Road designa- tion along NC 751 and any future extension; and b. Following Old NC 10 to Mt. Hermon Church Road, across US Highway 70 to Pleasant Green Road to reach Eno River State Park. On May 28, 1991, the New Hope Creek Corridor Open OR Space Master Plan was presented at public hearing. In August, the County Commissioners directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan to include the New Hope Corridor Plan. RECOMMENDATIONS: For JPA -2 -91, proposed amendments to the Joint Planning Area Land Use Plan and Map, the joint staff recommendation is as follows: The Orange County Planning Staff recommends approval of the proposed amendments. The Town of Chapel Hill Planning Staff recommends approval of the proposed amendments as presented. The Town of Carrboro Planning Staff recommends approval of the proposed amendments as presented. For CP -4 -91, proposed amendments to the Orange County Comprehensive Plan (Land Use Element) and Map, the Orange County Planning Staff recommends approval. 04b 047 PROPOSED AMENDMENT TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP REFERENCE: JPA -2--91 Section V. Joint Planning Operating Principles (Land Use Classification System) Section VI. Future Land Use - Joint Planning Area ORIGIN OF AMENDMENT: Staff Planning Board _x BOCC Public EXPECTED PUBLIC HEARING DATE: October 10, 1991 Purpose of Amendment: To incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Joint Planning Area Land Use Plan and Map. Impactsilssues: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase .Acquisition fee simple or purchase of development rights. On May 28, 1991, the Master Plan was presented at public hearing. In August, the County Commission- ers directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan. The proposed amendment to the Joint Planning Area Land Use Plan will add language to two sections to describe the New Hope Creek Corridor Open Space Areas as an additional category of land use classification in the Transition and Rural Buffer i Areas. Generally, the new category includes portions of two existing land use classifica- tions, Resource Protection Areas and Public/ Private Open Space Areas, The New Hope Corridor Master Plan map will be added with the Strategy Maps included in the Joint Planning Area Land Use Plan. The Joint Planning Area Land Use Plan Map will be amended to indicate the new land use classification in the Transition and Rural Buffer Areas (see attachment). EXISTING AND PROPOSED JPA LAND USE PLAN TEXT: Section V. JOINT PLANNING OPERATING PRINCIPLES LAND USE CLASSIFICATION SYSTEM Joint Planning Area Land Use Classification System Transition Areas. (See attachment for revision to the table of JPA Land Use Plan Categories on page 57 to include New Hope Creek Corridor Open Space) The underlying or more detailed land use plan categories include: Resource Protection; Public/ Private Open Space; New Ho a Creek Corridor 0-pen Space; Surburban Residential; Urban Residential; Office -- Institutional; Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas designated within Transition Areas of the Joint Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas for the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. PublicLPrivate Open Space Areas in the Transition Areas include UNC lands (excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along 1 -40. and a tract connecting the two landfill sites. These sites provide open space in the midst of areas planned for urban expansion. 049 New Ho a Creek Corridor open B ace Areas include some of the Resource Protection Areas and a Rortion of the Public Private Open S ace Areas which were designated as significant and worthy of protection ga-ccording to the New Hope Corridor Open Space Master Plan completed in A ril of 1991.-(See Master Plan MaR following Strategy Ma s . The areas are part of a system of o en space in Durham and orange Counties along New Hope Creek and its tributaries between Eno River State Park and_U.S._AKMv Corl2s of Engineers land north of Jordan Lake. This category is made u of critical environmental areas such as stream beds flood laids steep slo es and larger tracts of historic educational or recreational value. - Rural Buffer and Conservation. The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories: Rural Residential; Agricultural; Public /Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use; and the overlay district designated Water Quality Critical Area. Public- Private open Space Areas include major land areas owned or controlled by public and private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government lands associated with Jordan Lake, the loo -foot buffer along 1 -40 and Orange Water and Sewer Authority lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through research, educational, forest management, and recreational functions. Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e., floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas for the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. New KO Re Creek Corridor-QRen S ace Areas include some of the Resource Protection Areas and a Rortion 050 of the Public Private O en Sp-ace Areas which were designated as significant and worthy of protection according to the New Hope Corridor open Space Master Plan completed in April of 1991. (See Master Plan MaR following Strategy Maps)- The areas-are T part of a system of open space inDurham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream bedsr floodplains, steep slopes, and larger T tracts_ of historic, educational, or recreational value. Section VI. FUTURE LAND USE -• JOINT PLANNING AREA Transition Areas Ten categories of Transition Area have been depicted on the Joint Planning Area Land Use Plan. These categories include: Resource Protection; Public /Private Open Space; New Hope Creek Corridor Oeen Space; Surburban Residential; Urban Residential; Office- Institutional;.Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas Public /Private open Space Areas A Public /Private open Space Area has also been designated along Interstate 40 in both Transition and Rural Buffer Areas to recognize the Major Transpor- tation Corridor (MTC) district established to provide a 100 -foot buffer along that route. The Plan recommends utilization of portions of the buffer to link proposed park and greenway areas together. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a Rortion of the Public Private 0 en Space Areas which were designated as significant and worthy of protection according to the New Ho ]2e Corridor 0 en S ace LII+iI Master Plan completed in April of 1991. (See Master -Plan MaR following Strategy Maps). The areas are art of a s stem of open s ace in Durham and--Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps_of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds, floodplains, steep slopes, and _larger tracts of historic, educational, or _recreational value. The New Hope Corridor Open Space Master Plan describes these areas in detail and makes specific _ recommendations as to how they should be Protected or utilized for environmental educational and or recreational purposes. The Rural Buffer Area Eight categories of Rural Buffer land use have been depicfted on the Land Use Plan. These categories include Resource Protection Areas, Public /Private Open Space Areas, Agricultural Areas, Water Quality Critical Areas, Rural Residential Areas, Retail Trade Areas, and Extractive Uses. Resource Protection Areas Public /Private Open Space Areas New Ho Re Creek Corridor o en S ace Areas include some of the Resource Protection Areas and a ortion agcordina to the New Hope Corridor Open S ace Master Plan com leted in April of 1991. See Master Plan MaR following Strategy Maps). The areas are art of a system of o en space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S.-Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds flood plains, stee slo es and larger tracts of historic educational or recreational value. The New-Hope Corridor O en Space Master Plan describes these areas in detail and makes s ecific recommendations as to how they should be protected or 3 utilized for environmental, educational, and/or -recreational purposes_ ORDINANCE REVIEW COMMITTEE: PLANNING BOARD: BOCC: ORANGE COUNTY LAND USE PLAN CATEGORIES Basie'Categ_or- Land Use Plan Category_ DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION Ten -Year Transition Twenty -Year Transition Commercial - Transition Activity Node Commercial- Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL Rural Buffer Rural Residential Agricultural- Residential Rural Neighborhood Activity Node Rural Industrial Activity Node CONSERVATION Public Interest District Water Supply Watershed Water Quality Critical Area **************************** *x * * * * * * * * * * * * * * * ****w***** *** JOINT PLANNING AREA LAND USE PLAN CATEGORIES Major Land Use Plan Class Subclass Category_ Resource Protection "FEW WQya cr -p-my- Public- Private Open GoR7_tC;1oR oMsJ SPACE Space Suburban Residential Transition Urban Residential TRANSITION Transition I Office - Institutional Transition II Future UNC - - Development Retail Trade - Light Industrial Disposal Use Water Quality Critical Area W-OPEr_9E r_k Resource Protection RURAL eo Prvo12 a Ce' Public- Private Open Rural Suffer IL Space CONSERVATION Agricultural Rural Residential Retail Trade Extractive Use 57 003 _ '� s- r`.Y -r *.ig;#ia•13C 7%c"�4F+k..,r�S:s: -' -. e' �..w.s r.. ta[, p �OpO SE— ❑ - `i`_!.•., Vak +r,. ..v`v..., -_sy QT - -_ -ILJV . -ro NA C L u oE: - Q E VU 4 QPr -ZeEv- COQ f21 PO Z - -. OPF�ti! SPAGE- Orange County - Chapel Hill - Clrrboro �``�•' " JOINT PLANNING AREA LAND USE PLAN ,� 3 IN Ir —.ghtb-� ` rr 14 " r.. -p := :.� � i -� �. - .. .C: � -r+ •fir .s7 .: :• • a - L-_' _ � j •Y_ 1` �•. _ �!=i:�pt�i�° 1��_ Fi �:�r •' x. aaa_'S't>?+..? 1 �., )' J . ; r ` � j ... i J �. , �:� - ::.� " y �.•�` w:' "rt ..• � ` "�_ • '� Fri � (`, --1. > �� - 1 ` f -. - Sa• s 41 1 ' �•�[ p TRANSITION "'-7 I ��•- `f R R..ourr► P—t —lion V wcyw`t• f/• - _� / Public Prlv.t. Op.n ZoLuburban R..1d.nt al -I ' Ch•p.l Mnl Tr.n.r.Mn • 1 [ _ C 06n •�_' Cle••w., Trwnw wn rww 1 ` 1 . ...A:_r� - , , � Cwr.l.v T.wn n m feu ll -•il' ... 1 - � ��• �. Urban R.dd.ntt.l ti, -. L I� ` �'�� G Olrlw. lnatltnll.nal r . T ti 1 2 Futur. li - m Light Ind oatrl.l 1 DlapoaMl us. 1 r I �`•yi. t'C•r t `� RI:RAL RL•}`F'ER � ,'" •� Z m ltrtrt Gu.IltS r Crluart Ar.. � u ' R...urv. Proi.evn I aP� O Publle "Privat. Op.n sp •�. - - F I� �C np�h �y 1ys�� - t'J�Ag'ieult.ral I 1 � - - ^� � •� pr - T '�j � Rural R.rldwnllwl ' - - +'`'� - ` r•� j it ii.twll Tr.d. / ©Extractla. tl.. �. Y,.r- .ice �' -- - �'I/' ', 't••�`• 055 PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND MAP'OF THE ORANGE COUNTY COMPREHENSIVE PLAN REFERENCE: CP -4 -91 SECTION SECTION SECTION SECTION SECTION ORIGIN OF AMENDMEN 3.3 3.4 3.10 3.12 4.1 C: LAND USE PLAN CATEGORIES LOCATIONAL CRITERIA ENO TOWNSHIP CHAPEL HILL TOWNSHIP, NORTH OF THE JOINT PLANNING AREA OVERVIEW OF IMPLEMENTATION STRATEGIES Staff Planning Board X BOCC Public EXPECTED PUBLIC HEARING DATE: October 10, 1991 Pur ose of Amendment: To incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Land Use Element and Map of the Orange County Comprehensive Plan. Im acts Issues: In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Jordan Lake. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. _The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple or purchase of development rights. On May 28, 1991, the Master Plan was presented at public hearing. In August, the County Commission- ers directed the Planning Staff to propose appropriate amendments to the Comprehensive Plan and the Joint Planning Area Land Use Plan. The proposed amendment to the Land Use Element of 056 the Comprehensive Plan will add language to describe the New Hope Creek Corridor Open Space as an additional land use category in the Eno and Northern Chapel Hill Township Plans. The New Hope Corridor Master Plan map will be added to the Land Use Element as an appendix as well as shown on the Land Use Plan Map and the Eno and Northern Chapel Hill Township Maps. EXISTING AND PROPOSED LAND USE ELEMENT TEXT: SECTION 3.3 LAND USE PLAN CATEGORIES DEVELOPED TRANSITION COMMUNITY RURAL CONSERVATION Public Interest Area Water Supply Watershed Water Quality Critical Area Resource Protection Area New Hope Creek Corridor Open Space LAND USE PLAN CATEGORY DESCRIPTIONS NEW HOPE CREEK CORRIDOR OPEN SPACE. Some of the land in the Resource Protection Areas and a portion of the Public Interest Area designated as significant and worth of prot@gtion according to the New Ho Re Corridor Open Space Master Plan com leted in A ril of 1991. (See Master Plan Map in the Appendices). This category is part of a system of open space in Durham _and Orange counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army _C_o_rps_ of Engineers_' land north of __ Jordan Lake . The New Hope Corridor Open Space is made up of critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. SECTION 3.4 LOCATIONAL CRITERIA 055 7 PLAN CAT GO NEW HOPE CREEK CORRIDOR OPEN SPACE _Refer to the New Hope Corridor Open Space Master Plan for details.) Land-Slope. Located in areas where slope varies from gradual along floodplains to 201; and above. Hydrology. Located primarily along New Hope Creek and its tributaries, including the 100 -year floodplain. Designated as "Important Regional Wetland" by- „U S' Fish and Wildlife Service. Flora and Fauna. Located in areas which contain diversity, including regionally rare Rlant species hardwood trees of size and number uncommon for their location and im ortant wildlife habitat. Soil Conditions. Located in areas where soil vary from well- drained, moderate! y steep firm clay to near! y level alluvial soils subject to flooding. Public Services Utilities. Located in areas where urban-tylpe services will not be reauired and should be discouraged. Transportation System. Located in areas where where the Principal form of transportation will be bike aths and Redestrian trails located adjacent to the rights- of- wayof interstate highways and minor arterials. Energy Use. No evaluation. Existing Land Use: Located in areas that are generally undeveloped due to slope or soils limitations, in addition to specialized use areas in Duke Forest and Paths /trails adjacent or within road-rights-of-way. Agriculture and Forest r . Located in areas which may be suitable for agriculture and forestry, with the exception of steep slopes. See also Existing Land Use. Population Derfsit . Located in areas which by their nature would be very low density residential areas. Portions in Duke Forest are not for residential use. Historic and Cultural. Located in areas which may have sites and or structures of historic or cultural value as identified by federal state or Count_.government. SECTION 3.10 ENO TOWNSHIP TOWNSHIP PROFILE: SUMMARY AND ANALYSIS 058 Cultural and Natural Resources In the southwest corner of Eno Townshin is a portion of the New Hope C eek D en S ace Corridor w ich links the Eno River State Park with the U.S. Corps of Engineers' land north of Jordan Lake Elements of the corridor in Eno Township area Rhodes--Creek Wildlife Corridor in the 100- y_ear_.,floodplain from Old NC 10 under Interstate 85 and U.S.- Highway 70 to the Eno River State Park; Bikeipedestrian trails alon NC i hwa 751 Old NC 10 Mt. Herman-Church Road_ and Pleasant Green Road to Eno River. _State Park; and An unpaved nature_ trail_ in the vicinity—of 1-85 and U.S. 70 leading to the State Park. PLANNING FRAMEWORK ANALYSIS organizing Concepts 4) Existing Eno River State Park lands and land designated for future development in the Eno River State Park Master Plan should be protected from adverse development pressures. 5) Duke Forest tracts in southern Eno Township, which are a valuable 'research, teaching, and recreational asset, should be protected from the negative impacts of surrounding development. 6)_The_ portion of_the New Hoge Creek ooen Space Corridor in southern Eno Township should be protected_ according to the recommendations of the New Hope Corridor OiDen Space Master Plan (April 1991). 7) Existing water supply watersheds in the Township should be developed in a manner that minimizes adverse impacts on water quality and does not conflict with agricultural uses. 059 Distribution of Land Use Plan Categories RESOURCE PROTECTION AREAS AGRICULTURAL PROTECTION AREAS PUBLIC INTEREST AREAS NEW HOPE CREEK CORRIDOR OPEN SPACE AREAS: New Hope Creek Corridor O en S ace Areas include some of the Resource Protection Areas and -a 2ortion of the Public Private O en Space Areas which were designated-as significant and worthy of protection according to the New Hope Corridor O en S ace Master Plan completed in April of 1991. See Master Plan Ma in the A endices . The areas are art of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army or s of Engineers land north of Jordan Lake. Th-is-category is made up of critical environmental areas such as stream beds flood plains, steeR slopes, and larger tracts of historic educational or recreational value. [See attached Revision to Eno Township Land Use Plan Map following page 3.10 -17 in the Land Use Element] SECTION 3.12 CHAPEL HILL TOWNSHIP, NORTH OF THE JOINT PLANNING AREA TOWNSHIP PROFILE: SUMMARY AND ANALYSIS Natural Environmental Constraints Cultural and Natural Resources In northern chapel Hill Township is a portion of the New HO Re Creek'0 en S ace Corridor which links the Eno River State Park with the U. - Car s of Engineers' land north of Jordan Lake. Elements of the corridor in this-par of the Townshi are: Rhodes Creek Wildlife Corridor in the 100- ear flood lain from south of Cornwallis Road to Old NC 10• Bike /pedestrian trails along NC Highway 751 Old NC 10 and Mt. Hermon Church Road; and An unpaved nature trails along existing roads within Duke Forest. 060 PLANNING FRAMEWORK AND APPLICATION Organizing Concepts 3. The existing open space system in Chapel Hill Township, including the area north of the Joint Planning Area, which includes Duke Forest, existing agricultural and.forest lands, as well as areas identified in the New'Hope Corridor Open Space Master Plan, should be protected from intrusion by incompatible land uses. Distribution of Land use Plan Categories Land in Chapel Hill Township north of the Joint Planning Area falls into six land classifications. RESOURCE PROTECTION AREAS AGRICULTURAL PROTECTION AREAS PUBLIC INTEREST AREAS NEW HOPE CREEK CORRIDOR OPEN SPACE AREAS: New Hope Creek Corridor Open S ace. Areas include some of the Resource Protection Areas and__a portion of the Public/Private Open ._ „Space Areas which were designated as significant and worthy of 12rotection according to the New Ho Re Corridor Open Space Master Plan com leted in April of 1991. See Master Plan Map in the Appendices)._ The areas are part of a system of open space in Durham and Orange Counties aloe New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made u of critical environmental areas such as stream beds flood lains steep slopes, and larger tracts of historic, educational, or recreatiolzal_,value. [See attached revision to the Chapel Hill Township, North of the Joint Planning Area, Land Use Plan Map following page 3.12 -10 in the Land Use Element] SECTION 4.1 OVERVIEW OF IMPLEMENTATION STRATEGIES 061 Thoroughfare Plan Economic Development New Home Corridor Open space Master Plan In 1989 the governing boards of Orange County, Durham Count Durham, and Chapel Hill recognized the—importance of a system of Jordan Lake. The New Hope Corridor Open Space Master Plan includes recommendations for ac irin critical environmental areas such as stream beds flood plains. steep slo es and larger tracts of-historic, educational or recreational value_ A�isition could be through donations —Durchase in fee simple or Purchase of development rights._ ORDINANCE REVIEW COMMITTEE: PLANNING BOARD: BOCC: • E1t ETATE.►ARC bb' r 1 1A S am Jon #41M � �O�'S•C r•M�n.�w..1.+�� IWO 3 � W JO I `]y 3 Er►�. Pe »�••» ` ' CHAP L HI L� a c ..... (TVA 1'rt \° 0 .c�u r LEGEND. �. J euxc PeACer - •`�• �• 100 T19AN rlo0er4AtN- 0PROr03cO OPEN SPACE 0 000 .01 ilLOLIPE PRCTECTIOM ARCA ARCNOR/TRAtL Agill" E -i N.nrw R..; AG. *" Af.. ' • S -t Mw nor" A.n..n area A...N Ant E-{ Cry Cruel& Mu.a./4n. it 1-d0 A Ervin R4 bs i.ndT C+n.k Pon An.w 2:� 9- }r1.N roes Aeow" Ar.i A -T. Cn Ano - amw Rn".k A"& / OP.n •PM. 00 006O0O0 PROPOie:D 919E ARO PEDC%TftAN TRAIL �j V - --!-�� PROPOiSO RArURC TRAM. JURP...di f A°"'t�+�'"�i .LDres ro ■E ►RaTleTSD E � r uW • rzuRAL- euFr -IEe eyaULLPPA ( of or. =--Z 1 � 4 •i: z "r qap� E. F'` raw e ouKE UNIt. DU H M 'h- I CORPS OF E MEERi NrLDLI►E COR .0, . l •i� I 4. 1 4 S JORDAN 1194ERTOIR NEW HOPE 'CORRIDOR OPEN SPACE MASTER PLAN MAP CTTT OF DURHAM. N.C. A clT'B : Flt)17AL- 15vr- •ESL 4AJV TRA►A sr!"cU CITT OF CHAPEL HILL. N.C. AsWA j APDP-D F0FL e-LAlZi icArioAl DURHAM COUNTT ORANOE COYNTT COULTER ASSOCIATES - Landscape Architects - Land Planners Durham, N.C. 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O •w ° • Z 1 � � E• E � a c_ • L W L ..1 p m • cn Q Q U r (� O I � rL MOE V�( a 4 � d f. 1: • 6w go 1 • • j • • / �Lr L � r � ui .• .. � tit 6 � �•.,� . � rrrrr rrrrwrl� �� I _I Qq � �iJOW Iy`O/ K __ L R- D C-i-lo ToWA3s4IP FKOP050 -P AHMMVM� -All Ta cN AM L. u ILL- -rcwVAlSH Ix; MCCTIA aF Tur- Joi Axr PLA1JM iAiC, Azr --AI LA Al V USE PL, W TO I AI CLU M Alm AWE Cr-F-EK Cb2= 170C OPM&I SPACE x4ors r I�)-- <Q, 0 v 209 Ridgeway Drive Greensoro, NC DISTRIBUTED Tel. 919- 272 - 48797403 Az- October 7, 1991 Xle Change County Planning Commission c/o Mr. Marvin Collins, Planning Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Re: JPA -1 -91 American Stone Company Proposed Amendment Dear Commission Members: In response to a notice dated Sept. 20, 1991, from Mr. Marvin Collins, Orange County Planning Director, regarding a proposed amendment to the Orange County /Chapel Hill /Carrboro Joint Planning Area Land Use Plan and the Land Use Element of the Oran e Count Comprehensive Plan, specifically, JPA -1 -91 American Stone Com an , I wish the record to show that I opRose the amendment. The reason for ray opposition is that I have and am herewith requesting answers to the following questions from American Stone Co., Nello Teer Co., and Orange County Planning Dept., namely: 1. Effects of the relocated asphalt 21ant and ex anded quarry", What effect(s) will the relocated asphalt plant and expanded quarry have upon the seedling sized, genetically improved loblolly pines which I planted in 1983 on my 69 -acre tract adjoining the American Stone Co. quarry? What pollution (air, water, groundwater, thermal, noise, etc.) will the plant Produce? What is the danger of a toxic or chemical spill from the plant? What implications for limiting future alternative uses of my land will the relocated plant have? I have requested that American Stone consider rebuilding the asphalt plant at the existing site or north of the existing site, but have received no reply. What other alternatives exist for American Stone's quarry and for OWASA's water storage facility? 2. Effects of relocated Bethel Church Road (S.R. 1104)? Haw does relocated S.R. 1104 fit into the County's Master Road Plan? What are the implications of locating the road adjacent to a feeder stream of University Lake? When I clearcut my land in 1982, I left a stream buffer of existing trees and vegetation along this stream. Will the relocated road nullify the effects of this buffer? In addition to the Broadwell Road and American Stone Company's proposed routes, what other alternatives have been explored for relocating S.R. 1104? What ,are the implications of leaving S.R. 1104 where it is? Yours truly, Ro per W. Du_, am, L. S. c: R. Paxton Badham, Jr. hecavecl lL tt` 9 f6lC`�k�4M.� 209 Ridgeway Drive DISTRIBUTED Tel. 919 -272- 487974° 0 /c Cictober 7, 1991 Orange County Planning Commission c/o Mr. Marvin Collins, Planning Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Re: JPA -1 -91 American Stone Company Proposed Amendment Dear Commission Members: In response to a notice dated Sept. -0, 1991, from Mr. Marvin Collins, orange County Planning Director, regarding a proposed amendment to the Orange County /Chapel Hill /Carrboro Joint Planning, Area Land Use Plan and the Land Use Element of the Orange Count Com re- ensive Plan, specifically, JPA. -1 -91 American. Stone Company, I wish the record to show that I oppose the amendment. The reason for my opposition is that I have and am herewith requesting answers to the following questions from American Stone Co., Nello Teer Co., and Orange County Planning Dept., namely: 1. Effects of the relocated as halt Plant and expanded guarrY9 What effect(s) will the relocated asphalt Plant and expanded quarry have upon the seedling sized, genetically improved loblolly pines which I planted in 1983 on my 69 -acre tract adjoining the American Stone Co, quarry? What pollution (air, water, groundwater, thermal, noise, etc.) will the plant produce? What is the danger of a toxic or chemical spill from the plant? What implications for limiting future alternative uses of my land will the relocated plant have? I have requested that American Stone consider rebuilding the asphalt plant at the existing site or north of the existing site, but have received no reply. What other alternatives exist for American Stone's quarry and for OWASA's water storage facility? 2. Effects of relocated Bethel Church Road S.R. 1104)? How does relocated S.R. 1104 fit into the County `s Master Road Plan? What are the implications of locating the road adjacent to a feeder stream of University Lake? When I clearcut my land in 1982, I left a stream buffer of existing trees and vegetation along this stream. Will the relocated road nullify the effects of this buffer? In addition to the Broadwell Road and American Stone Company's proposed routes, what other alternatives have been explored for relocating S.R. 1104? What ,are the implications of leaving S.R. 1104 where it is? Yours truly, /,,,. -YA Ro ger W. Du_, am, L, S. c: R. Paxton Badham, Jr.