TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: JPA-1-01; Amendment to the Joint Planning Area Land Use Plan and Map
DATE: May 7, 2001
Attached are alternate resolutions to amend the Joint Planning Area Land Use Plan and Map to conform to the Land Use Plan adopted by the Chapel Hill Town Council on May 8, 2000. Specifically, the resolutions amend the land use designations in the Chapel Hill Joint Planning Transition Area (Northwest Area). A map of the area is found in Attachment 1.
At the April 11 public hearing, we recommended that the Greene Tract be designated Housing/Open Space and that the Neville Tract be designated Landfill Activities, consistent with the Land Use Plan adopted in May 2000 (see map, Attachment 1). At the joint public hearing, however, concerns were raised about designating land uses for the Greene Tract before a work group analyzing potential uses for the site has completed its work. Concerns were also raised about designating the Neville Tract for Landfill Activities when the parcel is only used for borrow of excavation materials and not disposal of solid waste. Given these concerns, we now recommend that the Council change the land use designations for both the Greene Tract and the Neville Tract to Public Use (see map, Attachment 2). We believe that a Public Use designation is an appropriate designation until such time as the work group has completed its evaluation. The Public Use designation accurately encompasses current uses at the sites, reflects the joint public ownership of the Greene Tract, and acknowledges the intent to use the property to serve public purposes.
Resolution A would amend the Joint Planning Area Land Use Plan and Map as presented at the April 11 public hearing, except that the designations for both the Greene Tract and the Neville Tract would change to Public Use. Please refer to the map in Attachment 2.
Resolution B would leave the Greene Tract designated as Housing/Open Space, but change the Neville Tract to Public Use.
We recommend that the Council approve Resolution A.
BACKGROUND
The Town Council adopted the Comprehensive Plan, including a new Land Use Plan, on May 8, 2000. Last fall, the Chapel Hill Town Council formally requested that a Joint Public Hearing be convened, and that the Joint Planning Area Land Use Plan be amended to reflect Chapel Hill’s new Land Use Plan for Chapel Hill’s Transition Areas.
On April 11, 2001, the three governing boards (Orange County Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen) held a public hearing on the proposed amendments. The joint staff report for the public hearing is attached to this memorandum (see Attachment 4).
According to the Joint Planning Agreement, amendments to the Joint Planning Area Land Use Plan require the approval of the Orange County Commissioners, Chapel Hill Town Council, and Carrboro Board of Aldermen.
Attached maps (see Attachment 1) illustrate the changes to land use designations in the Chapel Hill Joint Planning Transition Area (Northwest Area) that have been adopted by the Chapel Hill Town Council, and which the Town Council requests be incorporated into the Joint Planning Area Land Use Plan. Changes heard at the April 11, 2001 Joint Planning Public Hearing include:
The intent of these changes is to remove the Landfill designation from the Greene Tract; to adjust the surrounding land use from “Open Space” to “Low Residential” thereby reflecting existing land uses; to reduce the intensity of development adjoining the Landfill north of Eubanks Road; and to adjust the mixed use area to follow natural features of the creek.
COMMENTS AT THE PUBLIC HEARING
1. Three citizens commented on future uses of the Greene Tract. Two of the three represented affordable housing interests in the County, noting the need for land for affordable housing and their support for using at least a portion of the Greene Tract for affordable housing development. A representative of the Chapel Hill-Carrboro School Board noted the lack of future school sites in the district, and that the Chapel Hill-Carrboro School District would be supportive of considering the Greene Tract as a potential school site.
2. One citizen was concerned about the possibility of locating a future public works facility in the northern portion of the transition area, as noted on the Land Use Plan map. He stated that a public works facility would not fit well in an area designated for Rural Residential uses, and said that the neighborhood has not had enough input into the decision.
Staff Comment: On May 8, 2000, the Town Council adopted the Comprehensive Plan with a Land Use Plan showing a public works facility in this general location. The Town Council has now authorized acquisition of a specific site, and held a public hearing on a financing method. Site development planning would occur at a future date as yet unknown. When plans are developed, a new Development Ordinance may be in place with as-yet undefined public review processes. We anticipate that the site development process would include opportunity for public involvement.
3. A property owner neighboring the Neville Tract (southeast of the current landfill site) was concerned about designating the site for “Landfill Activities.” She noted that agreements are in place ensuring that the land will not be used for landfill purposes.
Staff Comment: The “Landfill Activities” designation is intended to reflect the current use of the site – borrow (earth extraction) for the landfill. A Special Use Permit for earth extraction activities was approved by the Town Council on July 7, 1997. Stipulation #2 of the Special Use Permit outlines what is permitted and not permitted on the site, and clearly stipulates that the processing and disposal of solid waste is not permitted. Stipulation #2 reads:
2. Land Use: This Special Use Permit approves the extraction of earth material for use in constructing containment cells and as daily earth cover for the Orange Regional Landfill.
a. This permit does not authorize the use of explosives for land alteration.
b. This permit does not authorize the processing or disposal of solid waste on this property.
c. An access easement for this property shall be provided across the Landfill property to Eubanks Road.
In view of the staff recommendation to change the designation of the Greene Tract to “Public Use,” we now recommend changing the designation of the Neville Tract to “Public Use” as well to underscore the intent to not use the property for solid waste disposal.
4. An owner of property north of Eubanks Road in the proposed “Mixed Use, Office Emphasis” area noted that, along with other mixed uses, there is an opportunity to develop affordable housing in that area.
Staff Comment: We believe that affordable housing would be an appropriate component of a mixed use development in this area. Strategy 8A-2 of the Comprehensive Plan states, “Encourage mixed-use development forms,” and this area is noted as a potential mixed use center in the Comprehensive Plan.
5. A property owner had concerns that the public hearing notice for the April 11 Joint Public Hearing erroneously identified parcel numbers in the description of Area 2.
Staff Comment: Public hearing notices for the Joint Public Hearing were sent to all owners of property affected by the proposed amendments, as well as all property owners within 500 feet of the affected properties. After the public hearing, we double-checked the descriptions of the properties described in the public hearing notice and found them all to be accurate.
Following public comment, the Chapel Hill Town Council voted unanimously to refer the item to the Planning Board for a recommendation to the Town Council. Orange County Commissioners and the Carrboro Board of Aldermen voted similarly.
RECOMMENDATIONS
Planning Board Recommendation: On May 1, 2001, the Planning Board recommended by a 4-3 vote that the Town Council adopt a resolution amending the Joint Planning Area Land Use Plan and Map. The Board recommended that the Council not create a new “Public Use” land use designation category for the Greene Tract and Neville Tract, unless the category can be further defined in the future and could be used on a broader basis throughout the community (see Attachment 3).
Manager’s Recommendation: There are two resolutions for the Council’s consideration:
Resolution A would amend the Joint Planning Area Land Use Plan and Map as presented at the April 11 public hearing, except that the designations for both the Greene Tract and the Neville Tract would change to Public Use. In summary, the resolution would:
Resolution B would amend the Joint Planning Area Land Use Plan and Map as above, except that only the Neville Tract would change to Public Use. The Greene Tract would change from Landfill Pending Further Study to Housing/Open Space, as presented at the April 11 public hearing.
We recommend the Council adopt Resolution A.
ATTACHMENTS
1. Map – April 11, 2001 Public Hearing, Existing and Proposed Land Uses (p. 8).
2. Map – Manager’s Recommendation, May 7, 2001 (p. 9).
3. Summary of Planning Board Action (to be distributed).
4. Joint Staff Report prepared for April 11, 2001 Public Hearing (begin new page 1).
A RESOLUTION AMENDING THE JOINT PLANNING AREA LAND USE PLAN AND MAP (2001-05-07/R-16a)
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; and
WHEREAS, the Town of Chapel Hill’s Comprehensive Plan, which provides a framework for the future use of land within the Chapel Hill Joint Planning Transition Area (Northwest Area), was adopted by the Chapel Hill Town Council on May 8, 2000; and
WHEREAS, the Comprehensive Plan was the product of a two year planning process that involved numerous public officials, planners, and residents of the affected area and the Town; and
WHEREAS, the geographic area covered by the revised Comprehensive Plan Land Use Plan includes the Chapel Hill Joint Planning Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan and Map; and
WHEREAS, implementation of revisions to the Chapel Hill Comprehensive Plan and Land Use Plan requires an amendment to the Joint Planning Area Land Use Plan and Map;
NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL AND CARRBORO BOARD OF ALDERMEN HEREBY RESOLVE THAT THE JOINT PLANNING LAND USE PLAN AND MAP BE AMENDED ACCORDING TO THE MAP SHOWN IN ATTACHMENT 2 OF THE MANAGER’S MEMORANDUM DATED MAY 7, 2001.
This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.
This the 7th day of May, 2001.
RESOLUTION B
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint Planning Agreement, and have since been amended on several occasions; and
WHEREAS, the Town of Chapel Hill’s Comprehensive Plan, which provides a framework for the future use of land within the Chapel Hill Joint Planning Transition Area (Northwest Area), was adopted by the Chapel Hill Town Council on May 8, 2000; and
WHEREAS, the Comprehensive Plan was the product of a two year planning process that involved numerous public officials, planners, and residents of the affected area and the Town; and
WHEREAS, the geographic area covered by the revised Comprehensive Plan Land Use Plan includes the Chapel Hill Joint Planning Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan and Map; and
WHEREAS, implementation of revisions to the Chapel Hill Comprehensive Plan and Land Use Plan requires an amendment to the Joint Planning Area Land Use Plan and Map;
NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS, CHAPEL HILL TOWN COUNCIL AND CARRBORO BOARD OF ALDERMEN HEREBY RESOLVE THAT THE JOINT PLANNING LAND USE PLAN AND MAP BE AMENDED ACCORDING TO THE MAP SHOWN AS MAP 2 OF ATTACHMENT 1 OF THE MANAGER’S MEMORANDUM DATED MAY 7, 2001.
This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.
This the 7th day of May, 2001.