AGENDA #6

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Joint Planning Application, American Stone Quarry

 

DATE:             May 8, 2000

 

 

The attached Joint Planning Department Staff Report discusses an application to amend the Joint Planning Land Use Plan concerning the American Stone Quarry (Attachment 9).  The applicants are the Orange Water and Sewer Authority, Alice and Philip Durham, and the American Stone Quarry.  The attached resolution would recommend approval of the proposed amendment to the Joint Planning Area Land Use Plan.  This application was considered at an April 12, 2000, Joint Public Hearing, and returns to the Town Council tonight for action. 

 

BACKGROUND

 

The applicants request a 75.20-acre expansion of the extractive use plan category of the Joint Planning Area Land Use Plan.  The present limit of the extractive use designation includes 151.06 acres.  The extractive use category encompasses mining and quarry operations.  The application requests that the extractive use category be extended to a 15.20-acre parcel owned by American Stone Quarry and a 60-acre parcel owned by OWASA.  Amendments to the Joint Planning Area Land Use Plan require the approval of the three local governments:  Chapel Hill, Carrboro and Orange County pursuant to the Joint Planning Agreement. 

 

The expanded extractive use property is located on the north side of NC 54 West, on the east side of Bethel-Hickory Grove Church Road.  American Stone Quarry presently leases the 100.31-acre property on the west side of the road on which their quarry operation is located from Alice and Philip Durham, and operates the existing quarry under a Special Use Permit issued in 1981.  The OWASA 60-acre property previously was the site of a quarry operation operated by American Stone Quarry.  American Stone Quarry owns a 15.2-acre site adjacent to OWASA.  With the closing of that quarry, OWASA acquired the site to be used for water storage. 

 

The three parties to the Joint Planning Agreement and Land Use Plan, Chapel Hill, Carrboro and Orange County, held a hearing on April 12, 2000, to receive public comment on a Joint Planning Land Use Plan amendment.  The plan amendment would allow the expansion of an extractive use (mining and stone quarrying) in the Rural Buffer.  The first public hearing on this matter was held on October 10, 1991, followed by hearings on October 14, 1993, and April 14, 1994. 

 

Approval by Chapel Hill, Carrboro and Orange County is required to amend the Joint Planning Land Use Plan to provide for the expansion of an ongoing extractive use.  This plan amendment constitutes the first step in the approval process for extended stone quarrying activities.  If this amendment is approved by all three parties, the Orange County Board of County Commissioners will be solely responsible for making decisions on subsequent actions that include amendments to the Orange County Comprehensive Plan and Zoning Atlas, and issuance of a Special Use Permit.

 

The American Stone Company’s mining and stone quarrying activities on properties in the vicinity of the intersection of NC Highway 54 West and Bethel-Hickory Grove Church Road have been ongoing since 1969.  The OWASA property contains a 200 million-gallon reservoir that was created with the closure of the original quarry that was mined from 1969 to 1978.  On April 11, 2000, the applicants reached an agreement-in-principle regarding OWASA’s intent to purchase the active quarry site.  OWASA has agreed to execute a deed restriction that would guarantee that the property, following the cessation of mining activities no later than 2030, would never be used for any activity other than water supply storage and delivery.  A contract to purchase, based on terms contained in the agreement-in-principle, is expected to be finalized by mid-May.  The extended quarrying activities would link the existing quarry with OWASA's existing Quarry Reservoir and would yield a reservoir with a storage capacity of three billion gallons. 

 

KEY ISSUES

 

The Council previously approved this proposed amendment in 1994.  The Town of Carrboro did not approve the request.  The Carrboro Board of Aldermen in 1994 asked that facilitated discussions take place between the applicants and neighbors.  The requested mediation discussion took place, and resulted in a set of proposed mitigation measures.  (Please see Attachment 6 for a summary.  The full mediation agreement is attached to the April 12 Joint Planning Public Hearing Memorandum which is attached to the Joint Planning Staff Post-Hearing Staff Report as JP-Attachment 1, page 249.)

 

We have received no new information that would change our 1994 recommendation that the Council approve this request.  Therefore, we continue to recommend approval of the proposed amendment.  However, there have been several new issues raised that we believe warrant discussion.  In particular, at the Joint Public Hearing on April 12, citizens discussed concerns related to impacts of the existing quarry operation.  These issues are summarized in the attached Post-Hearing Report.  The Town Council also heard a presentation on April 24 from citizens opposed to the proposal.  Those objections are also addressed in the Post-Hearing Report prepared by Chapel Hill, Carrboro and Orange County Planning Staff.

 

PROCESS

 

The Joint Planning Agreement requires that amendments to the Joint Planning Land Use Plan be approved by all three governments:  Chapel Hill, Carrboro and Orange County.  If all three jurisdictions approve the Land Use Plan amendment, and if the Orange County Board of Commissioners approves the creation of the Rural Industrial Node and a change to Orange County's Comprehensive Plan, then the applicant would have the opportunity to apply to the Board of Commissioners for an appropriate rezoning and a special use permit.

 

The Chapel Hill Town Council, Carrboro Board of Aldermen, and the Orange County Board of Commissioners held a Joint Planning Area Public Hearing on April 12, 2000.  The Chapel Hill Planning Board reviewed this request at its meeting on April 18, 2000, and recommended that the Council approve the amendment to the Joint Planning Land Use Plan.  (Please See Attachment 1.)

 

RECOMMENDATION

 

Planning Board Recommendation:  That the Council approve the proposed amendment to the Joint Planning Land Use Plan.  Vote:  8-0 (Attachment 1).

 

Manager’s Recommendation:  We recommend that the Council adopt the attached Resolution which would recommend approval of the proposed Joint Planning Land Use Plan Amendment.  Also, attached is an alternate resolution that would recommend denial of the proposed Joint Planning Land Use Plan Amendment.

 

 

Attachments:

 

1.            Summary of Chapel Hill Planning Board Action prepared by Chapel Hill Planning Staff, April 18, 2000.

2.            Special Use Permit for American Stone Quarry, October 1981.

3.            Four-party agreement (OWASA, Durhams, Nello Teer Company, American Stone Quarry), May 1990.

4.            Lease between American Stone Quarry and Durhams, January 1990.

5.            Agreement to Terminate the Asphalt Plan, May 1990.

6.            Summary of Mitigation Measures prepared by Martin Marietta Aggregate, April 25, 2000.

7.            Materials Submitted by Citizens at April 24, 2000 Council Meeting.

8.            Other Materials Submitted by Citizens.

9.            Joint Planning Staff Post-Hearing Report prepared by Chapel Hill, Carrboro, and Chapel Hill Planning Staff [with JP-Attachments 1-8].

 

 

 

A RESOLUTION ADOPTING THE AMERICAN STONE QUARRY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN (2000-05-08/R-8a)

 

WHEREAS, conditions have changed or are changing as cited by the applicant; and

 

WHEREAS, the proposed amendment to the Joint Planning Area Land Use Plan supports to concept of sustainability in that the proposed amendment provides a positive balance among the interdependence of the economy (quarry operation), the environment, and long-term water resource needs of the local population; and

 

WHEREAS, the creation of an additional water supply source for Orange Water and Sewer Authority (OWASA) will create a long-term public good; and

 

WHEREAS, additional water and air quality, visual, noise and vibration mitigation measures have been identified and would offer additional safeguards;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town of Chapel Hill adopts the Joint Planning Land Use Plan Amendment (JPA-1-00) proposed by Orange Water and Sewer Authority, Alice and Philip Durham, and the American Stone Company. 

 

BE IT FURTHER RESOLVED that the Town Council authorizes submission of this resolution to the Orange County Board of Commissioners.

 

This the 8th day of May, 2000.

 

 

A RESOLUTION DENYING THE AMERICAN STONE QUARRY REQUEST TO AMEND THE JOINT PLANNING AREA LAND USE PLAN (2000-05-08/R-8b)

 

WHEREAS, there are not sufficient reasons to support the proposed amendment:

 

[insert reasons]

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town of Chapel Hill denies the Joint Planning Land Use Plan Amendment proposed by Orange Water and Sewer Authority, Alice and Philip Durham, and the American Stone Company;

 

BE IT FURTHER RESOLVED that the Town Council authorizes submission of this resolution to the Orange County Board of Commissioners.

 

This the 8th day of May, 2000.