AGENDA #4h

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Revision of Open Space Acquisition Map

 

DATE:             January 24, 2005

 

The attached resolution would adopt the revised 2005 Context for Potential Open Space Land Acquisition and direct the Manager to expand the Town’s search for open space acquisition opportunities to nearby areas of Orange County as long as the parcels meet criteria already adopted by the Council. The Manager recommends adoption of the resolution.

 

BACKGROUND

 

In November 1996, Chapel Hill voters approved $3,000,000 in general obligation bonds for purchase of open space.

 

On June 28, 1999, the Council adopted a resolution setting out guidelines for the Manager to follow in recommending acquisition of particular parcels.  The resolution also identified potential properties and easements for purchase.

 

On March 27, 2000, the Council established a goal of making more effective use of the Town funds allocated for purchase of open space.

 

On June 12, 2000, the Council adopted a resolution authorizing the Manager to prepare an analysis of undeveloped land in terms of the policy objectives adopted in June 1999.

 

In April 2002, the Council adopted a goal of using the remainder of the 1996 Open Space bond funds.

 

On November 11, 2002, the Council authorized the Manager to expand the search for open space properties from the specific areas authorized by the Council in 2000 to include any potential open space within the Town limits or extraterritorial jurisdiction (ETJ), as long as the properties addressed one of the primary goals identified by the Council.

 

In November 2003, Chapel Hill voters approved $2,000,000 in general obligation bonds for purchase of open space.

 

On July 17, 2004, the State legislature enacted local legislation that allows the Town to purchase open space property within Orange County, outside of the Town’s jurisdictional limits, as long as condemnation is not used.

On October 11, 2004, a citizen petitioned the Council requesting that the Council consider establishing a special open space committee and purchasing open space in Orange County outside of the Town’s jurisdiction.  The Council referred the petition to the Manager for a response.

 

On December 6, 2004, the Council authorized the Manager to update the 2002 Map entitled Context for Potential Open Space Land Acquisition to include areas in nearby Orange County.

 

A list of land purchases using 1996 and 2003 open space funds is included as Attachment 2.

 

DISCUSSION

 

The original 2002 Map Context for Potential Open Space Land Acquisition was used to help purchase over 75 acres of open space since 2002. The map identified parcels within a number of categories including:

·        Tracts that were 3 acres or more that were undeveloped or had at most one building

·        Publicly owned property

·        Potential storm water conservation areas

·        Specific potential acquisition targets

·        Town park and school system sites

·        Property acquired since the authorization of 1996 Open Space bonds

·        Undeveloped lots within the Town not meeting current standards

 

The draft 2005 Context for Potential Open Space Land Acquisition map differs in a number of ways from the 2002 map including:

·        The map now shows parcels suitable for acquisition in the Rural Buffer, outside of the Town’s planning jurisdiction.

·        Tracts suitable for acquisition are those 3 acres or more in size with no buildings and tracts 10 acres in size with no more than one building.

·        The Potential Acquisition category has been changed to Properties of Interest. The specific parcels shown have changed.

·        The number of properties acquired since 1996 has increased to reflect acquisitions made since 2002.

·        The Publicly Owned category has been expanded to show the Town Operations Center.

·        Orange County properties are indicated.

·        Duke Forest properties are indicated.

·        Land trust properties are shown.

 

Budget: All $3,000,000 of the 1996 Open Space bond funds authorized by the voters have been spent. We have also spent a portion of the $2,000,000 in 2003 Open Space bond funds.

 

2003 Open Space Bond Authorization                                $2,000,000

 

Bond Funds Spent as of January 2005                                   $661,000

 

Total Remaining Funds/Authorization 1                                $1,339,000

 

1 Of this amount we currently have approximately $539,000 on hand. The remaining $800,000 would be included in the scheduled 2006 bond sale.

 

Future Acquisition Efforts

 

We believe that the following goals established earlier by the Council have served well in identifying critical open space parcels and would continue to provide direction to the staff:

 

·                    Non-automobile community connectivity

·                    Entranceway corridor preservation

·                    Scenic vista preservation

·                    Protection of environmentally sensitive areas

·                    Protection of Resource Conservation District land

·                    Preservation of community open space and neighborhood open space. 

 

If the Council agrees, we will use these goals in conjunction with the revised 2005 Context for Potential Open Space Land Acquisition upon which to base future open space acquisition efforts. 

 

RECOMMENDATION

 

Manager’s Recommendation: That the Council adopt the attached resolution directing the Manager to use the updated 2005 Context for Potential Open Space Land Acquisition and already established goals as a base for open space acquisition efforts within the Town’s jurisdiction and nearby areas of Orange County.

 

ATTACHMENTS

 

1.                  Minutes of Thatcher Freund petition (p. 5).

2.                  Properties purchased using 1996 and 2003 Open Space bond funds (p. 6).

3.                  2002 Map: Context for Potential Open Space Land Acquisition (p. 7).

4.                  2005 Map: Context for Potential Open Space Land Acquisition (p. 8).


A RESOLUTION DIRECTING THE MANAGER TO USE THE UPDATED 2005 MAP ENTITLED CONTEXT FOR POTENTIAL OPEN SPACE LAND ACQUISITION AND ALREADY ESTABLISHED GOALS AS A BASE FOR OPEN SPACE ACQUISITION EFFORTS WITHIN THE TOWN’S JURISDICTION AND NEARBY AREAS OF ORANGE COUNTY (2005-01-24/R-7)

 

WHEREAS, Chapel Hill voters authorized the expenditure of $2,000,000 in Open Space bonds in 2003; and

 

WHEREAS, approximately $1,339,000 in bond authorization remains for purchase of open space; and

 

WHEREAS, on November 11, 2002, the Council authorized the Manager to search for any potential open space parcels within the Town limits or extraterritorial jurisdiction as long as the properties addressed one of the primary goals identified by the Council; and

 

WHEREAS, on December 6, 2004, the Council directed the Manager to update the open space map adopted on November 11, 2002, showing undeveloped parcels suitable for acquisition; and

 

WHEREAS, the legislature of the State of North Carolina has enacted local enabling legislation which allows the Town of Chapel Hill to purchase open space outside of its jurisdiction;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is directed to use the updated 2005 Map entitled Context for Potential Open Space Land Acquisition and the following already established goals as a base for open space acquisition efforts within the Town’s jurisdiction and nearby areas of Orange County:

 

·                    Non-automobile community connectivity

·                    Entranceway corridor preservation

·                    Scenic vista preservation

·                    Protection of environmentally sensitive areas

·                    Protection of Resource Conservation District land

·                    Preservation of community open space and neighborhood open space

 

This the 24th day of January, 2005.


ATTACHMENT 1

 

SUMMARY MINUTES OF A BUSINESS MEETING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, OCTOBER 11, 2004, AT 7:00 P.M.

 

3a(1).  Thatcher Freund, Regarding a Request for Council Committee to Discuss Strategies for any Future Town Expenditure for Open Space.

 

Chapel Hill resident Thatcher Freund thanked the Town Council and State legislators for providing “another weapon in the war on sprawl," by passing a bill that would allow the Town to buy open space outside its extra-territorial jurisdiction. He also praised the Town's plan for denser development downtown, but commented that such an approach would be useless without addressing sprawl and dependence on automobiles.  Mr. Freund described open space preservation as the "poor stepchild" of the new urbanism.  It was much discussed but then forgotten because building densely can be profitable while preserving land aside costs money, he said. But, thanks to the Town Council, Chapel Hill now had the funds to buy larger tracts and to compensate for increasing density in Town, Mr. Freund pointed out.

 

Mr. Freund stated that buying a conservation easement that would keep an entire farm free of development was a wiser use of Town money than buying a small, expensive parcel in a Town neighborhood.  Arguing that the public would agree with that statement, he suggested arriving at a community consensus on the most efficient way to save open space. Mr. Freund asked the Council to consider forming a committee to develop and preserve open space in Orange Country.  "That truly would be one of the greatest gifts we could ever give our children," he remarked. 

 

Mayor Foy asked for input from the Manager regarding Mr. Freund's petition.  He suggested that the Manager advise the Council on whether a committee or some other approach would be the best way to address the matter.

 

COUNCIL MEMBER STROM MOVED, SECONDED BY MAYOR PRO TEM WIGGINS, TO RECEIVE AND REFER THE PETITION TO THE MANAGER AND ATTORNEY.  THE MOTION WAS ADOPTED UNANIMOUSLY (8-0).

 


ATTACHMENT 2

 

LIST OF PROPERTIES PURCHASED

USING 1996 AND 2003 OPEN SPACE BOND FUNDS

 

1996 OPEN SPACE BOND FUNDS

 

Acquisition Location                                      Year               Acres                           Price____

 

Cleland Road                                                   1998                     6                           $279,000

Lower Booker Creek Trail                               1998                     3                                 2,000

Bennett Road                                                   1998                     9                             158,000

Mt. Carmel Church Rd                                     2000                     8                                 3,000

Dry Creek                                                        2000                   34                             800,000

Junction Bolin and Booker Creeks                    2000                     9                               11,000

Dickerson Court/Bolin Creek Trail                    2001                     2                             100,000

Morgan Creek/Duke Energy                             2002                     2                                 3,000

Pritchard Park                                                  2003                     1                                 6,000

Dry Creek (north of I-40)                                 2003                   18                             179,000

Morgan Creek                                                  2003                   10                             158,000

Tanyard Branch                                                2003                     3                             315,000

Dry Creek 1                                                     2003                   31                             386,000

Fees, expenses                                                                                                            325,000

 

REMAINING 1996 FUNDS/AUTHORIZATION                                                          $0

 

 

 

2003 OPEN SPACE BOND FUNDS

 

Acquisition Location                                      Year               Acres                          Price____

 

Dry Creek 1                                                     2003                31                             $661,000

 

REMAINING 1996 FUNDS/AUTHORIZATION                                            $1,339,000

 

 

1 Total price of $1,047,000 for purchase of 31.27 acres. $386,000 of purchase credited to 1996 bond and $661,000 to the 2003 bond.