AGENDA #17a(1)

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            Council Members Ed Harrison and Bill Strom

 

SUBJECT:       Proposed Extension of Utilities into Rural Buffer – Durham Subdivision

 

DATE:             January 10, 2005

 

 

At the most recent meeting of the Durham-Chapel Hill-Orange County Work Group (December 8, 2004) a report was offered by Durham staff regarding a recently approved subdivision at the County line.  Several issues are raised in consideration of this proposed development, and we believe it is desirable for the Chapel Hill Town Council to offer comments to the Durham County Board of Commissioners and also to the Orange County Board of Commissioners.

 

BACKGROUND FACTS

 

Earlier this year, Durham County approved a subdivision for a 42-acre tract of land west of the Durham city limits.  The parcel straddles the Durham-Orange County line at the place where Erwin Road crosses from Orange County into Durham County.  The parcel is on the southeast side of Erwin Road, across the road from the existing Hollow Rock Country Club, close to Erwin but with no frontage directly onto Erwin.  Of the 42 acres, approximately 30 acres are in Durham County and 12 acres are in Orange County.  The 12-acre Orange County portion is inside the Rural Buffer designation of the Joint Planning Area that is cooperatively planned and zoned by Orange County and Chapel Hill. 

 

The subdivision plan approved by Durham County proposes a cluster subdivision.  Thirty-nine lots would be clustered on 16 acres, all on the Durham County side, to be served with public water and sewer extensions from the Durham systems.  Approximately 24 acres would be set aside as permanent open space, including all 12 acres on the Orange County side.  The developer intends to dedicate that 12-acre site to Orange County government.

 

No portion of the site is currently within Durham’s city limits, although annexation of the 30-acre Durham County portion is anticipated at some point.  New public streets would be built to provide access to and within the new subdivision, and would be dedicated initially to the NC Department of Transportation for acceptance and maintenance.  One of the new streets would extend approximately 150 feet into Orange County to form a new intersection with Erwin Road, directly across from Hollow Rock Country Club.  This new intersection in Orange County would become the only access point into the new subdivision.  It is planned that water extensions would be constructed within the right-of-way for this new street and also in the Erwin Road right-of-way.

 

The subdivision has received preliminary plat approval by Durham County, with a condition that a final plat cannot be approved and recorded until March 2005.  This condition was put in place because Durham officials had expressed an interest in possibly acquiring the entire site as permanent open space.  The developer has offered to sell the site for $1.5 million, or develop the site as a cluster and voluntarily dedicate 60% of the site as open space.

 

A major subdivision is currently under consideration in Orange County for the approvals necessary to construct that new segment of road into Orange County, to intersect with Erwin.  Accompanying this proposal is the plan to extend a water line down Erwin, extending for a short segment within Orange County.  We understand that the application has been considered by the Planning Board, but not yet by the Board of Commissioners and is still pending.

 

ISSUES

 

Two key issues were discussed at the Durham-Chapel Hill-Orange Work Group on December 8, in response to receiving this background information.

 

Utility Extensions:  To what extent are water and sewer lines planned to be extended into the Rural Buffer in Orange County?  What configuration of lines is contemplated?   What Orange County or Chapel Hill approvals would be necessary before this utility extension can occur?  What effect would this have on the current prohibition of utility extensions into the Rural Buffer?  Would other properties in Orange County subsequently be able to tie in to these lines?

 

Purchase of Entire Tract:  A Durham County Commissioner present at the meeting asked if Orange County and Chapel Hill would be willing to contribute funds toward the purchase of the entire 42-acre tract (estimated purchase price:  $1.5 million).

 

RECOMMENDATION

 

We believe that it would be desirable for the Chapel Hill Town Council to adopt a resolution formally transmitting comments to the Durham County Commissioners regarding this proposed subdivision.  We recommend that the Council ask the Town Manager to bring a report to the Council on January 24, that offers staff comments in response to the two issues outlined above, along with a draft statement that the Council can consider.   Adoption of the attached resolution would do so.

 

ATTACHMENT

 

1.  Map Showing Proposed Location of Erwin Trace (p. 4).

 

A RESOLUTION REQUESTING A STAFF REPORT ON ISSUES RELATED TO A PROPOSED DURHAM COUNTY DEVELOPMENT (2005-01-10/R-21)

 

WHEREAS, Durham County has approved a subdivision for a 42-acre tract of land west of the Durham City limits, for a parcel that straddles the Durham-Orange County line;  and

 

WHEREAS, issues have been raised regarding the potential impact of this subdivision on the Chapel Hill-Orange County Rural Buffer;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council asks the Town Manager to prepare a report addressing the following issues:

 

Utility Extensions:  To what extent are water and sewer lines planned to be extended into the Rural Buffer in Orange County?  What configuration of lines is contemplated? What Orange County or Chapel Hill approvals would be necessary before this utility extension can occur?  What effect would this have on the current prohibition of utility extensions into the Rural Buffer?  Would other properties in Orange County subsequently be able to tie in to these lines?

 

Purchase of Tract:  What are the possibilities for purchase of some or all of the 42-acre tract that is the subject of this development proposal?

 

BE IT FURTHER RESOLVED that the Council asks the Town Manager to bring this report along with a draft statement to the Council for consideration on January 24, 2005.

 

This the 10th day of January, 2005.