AGENDA #10

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Comments to Durham and Orange County Boards of Commissioners Regarding Proposed Erwin Trace Subdivision

DATE:             January 24, 2005

This memorandum responds to a Council request for comments and recommendations, made on January 10, 2005, on the status of a proposed subdivision of property that straddles the Orange-Durham County line.  The property is located on the County border, at the point where Erwin Road crosses from Orange into Durham County.

BACKGROUND

Council Members Harrison and Strom brought this item to the Council’s attention on January 10.  A copy of their memorandum outlining the circumstances of this property is attached (Attachment 1).   To summarize:  A 32-acre tract of land straddling the Orange-Durham County line was the subject of a subdivision application in Durham County.  Approximately 20 acres of the parcel is in Durham County, 12 acres in Orange County.  The application proposed to subdivide the Durham County portion into residential building lots; the 12 Orange County acres would be set aside as permanent open space, to be given to Orange County. 

A key issue is the proposed extension of a water line down Erwin Road, within Orange County.  This would occur in an area designated “Rural Buffer” on Orange County and Chapel Hill Land Use Plans.

A Durham County Commissioner has suggested that consideration be given to public purchase of the entire 32-acre tract.

DISCUSSION

There are several components to this situation that warrant discussion.  We organize our comments according to procedural issues, concerns about water extensions, and possibilities for acquisition of the parcel as open space.

Procedural Issues

As we understand it, subdivision of the 20-acre Durham County portion of this tract is subject exclusively to Durham County’s subdivision procedures and standards.  Under those rules, a Preliminary Plat for a subdivision of this size is subject to final action (approval or denial) by the Durham City-County Planning Department.  The Durham Planning Department determined that the application met all regulations, and approved the Preliminary Plat.  The next step is approval of a Final Plat, and subsequent commencement of construction. 

Orange County Attorney Geoffrey Gledhill has written a letter to the Orange County Board of Commissioners, describing Orange County procedural issues concerning this proposal.  Mr. Gledhill concludes that this development, as proposed, would need to have a preliminary plan of the subdivision approved by the Orange County Board of Commissioners.  (Pleases see Attachment 2.)

Water Line Extensions

As described above, the proposal shows a water line being extended into Orange County from Durham County, to be constructed within the Erwin Road right-of-way.  The plan then shows a smaller water line to be constructed to tap into the new Erwin Road extension, to bring water back into Durham County to serve these lots.

The County Attorney’s letter to the Orange County Board of Commissioners (included here as Attachment 2) concludes that Orange County will be in a position, with a condition of approval for a preliminary plat, to add a prohibition regarding water service from the new line within Orange County.   The resolution we are recommending supports a prohibition of any such service by OWASA or Durham.

Acquisition

As noted above, a Durham County Commissioner has suggested that the entire 32-acre tract could be purchased for use as public open space.  An idea is being developed that this 32-acre parcel could become a regional park, owned and operated cooperatively by Durham County and Orange County.  It has been suggested that the purchase price would be approximately $1.5 million, and that Durham County, Orange County, and Chapel Hill might consider participating in the purchase. 

The property is located near New Hope Creek, and there have been a number of initiatives to preserve land within the New Hope Creek corridor.  Preserving this land would fit with those objectives, although this parcel is not identified on any of Chapel Hill’s plans for acquisition. 

We believe it would be reasonable for Orange County to participate with Durham County in the purchase of this property to preserve it as open space.  We do not recommend that the Council authorize use of Open Space Bond Funds to participate in the purchase.  As reviewed in a separate report on tonight’s agenda, reporting on acquisition of open space, the Town has limited funds available for such purchases and we believe that there are other parcels of greater utility to the Town.  We believe the property under consideration would serve Town goals only in a limited way.  A park in this location would likely not become a component of Chapel Hill’s recreational facilities.

RECOMMENDED COMMENTS

We recognize that this is a policy matter for determination by the Council.  We recommend that the Council offer the following comments to the Orange County Board of Commissioners and the Durham County Board of Commissioners:

• Water Extensions:  That no approvals be given that would result in water lines being extended into Orange County that would provide public water service to properties within the Rural Buffer, as designated in the Orange-Chapel Hill-Carrboro Joint Planning Agreement.

• Open Space:  That efforts to secure some or all of this parcel as permanent open space should be encouraged. 

• Acquisition:  That the Town of Chapel Hill will not likely participate financially in an effort to acquire the parcel.

Adoption of the attached resolution would forward these comments. 

ATTACHMENTS

1. Copy of January 10, 2005 memorandum from Council Members Harrison and Strom, with map showing location of property (p. 5).
2. Letter from Orange County Attorney (p. 9).

Manager’s Recommendation

A RESOLUTION FORWARDING COMMENTS TO THE ORANGE AND DURHAM COUNTY BOARDS OF COMMISSIONERS REGARDING THE PROPOSED ERWIN TRACE SUBDIVISION (2005-01-24/R-13)

WHEREAS a 32-acre tract of land straddling the Orange-Durham County line was the subject of a recent subdivision application in Durham County (approximately 20 acres of the parcel in Durham County, 12 acres in Orange County) referred to as Erwin Trace; and

WHEREAS an accompanying subdivision application for a portion of this tract is under review in Orange County; and

WHEREAS this proposed subdivision involves issues related to the Joint Planning Agreement that has been executed by Orange County, Chapel Hill, and Carrboro, and issues related to land management in the corridor of New Hope Creek; and

WHEREAS the Chapel Hill Town Council seeks to offer comments and recommendations to Orange County and Durham County as considerations of this proposed subdivision proceed;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council offers the following comments on the issues raised by this proposed subdivision:

• Water Extensions:  That no approvals be given that would result in water lines being extended into Orange County that would provide public water service to properties within the Rural Buffer, as designated in the Orange-Chapel Hill-Carrboro Joint Planning Agreement.

• Open Space:  That efforts to secure some or all of this parcel as permanent open space should be encouraged. 

• Acquisition:  That the Town of Chapel Hill will likely not participate financially in an effort to acquire the parcel.

BE IT FURTHER RESOLVED that the Council requests that the Mayor forward these comments, along with a copy of the Town Manager’s January 24, 2005 memorandum on this topic, to the Orange County Board of Commissioners and the Durham County Board of Commissioners. 

This the 24^th day of January, 2005.