Minutes - 19890406 - Laserfiche WebLink

Browse Search

- --- -..} Mr. Phears stated for the record that that pending amendment has created some uncertainty on their part in connection with the application. He requested that the Teers AR application be treated as a request to rezone. Jim Swenberg suggested working with the Department of Transportation to build some natural barriers far sound to reduce these problems for those people who are impacted and those people that live in that area. 1. b. LUP-5-89 CAZWELLL INCORPORATED The presentation was made by Marvin Collins. In summary this item is to receive citizen comment on the request to redesignate a 1.45 acre parcel from the current Rural Buffer category to Ten Year Transition. The Durham County lots in the subdivision average 30,000 square feet in size. The Rural Buffer has a minimum lot size of two acres. The proposed amendment would allow the 1.45 acre portion, in Orange County, to be subdivided in a manner consistent with the rest of the subdivision. THE HEARING WAS OPEN FOR CITIZEN COMMENTS CAROL ZINN, President of Cazwell Development, which is developing Montvale gave some history about Montvale. It is currently a 27 lot subdivision that went through the approval process in the city of Durham. It is served by Durham City sewer, individual wells, and public service gas. Tt is bordered on the west by Curly Road. $ecause of a freak of geography, the County line which divides Orange and Durham counties does not follow Curly Road. Montvale backs up onto Curly Road but the County line kind of straddles that road. Therefore, a tiny sliver of Orange County crosses the four lots in Montvale. Each of these four lots have a portion of land in Orange County, but most of the land is in Durham County. The entire Montvale subdivision has only 6~ in Orange County, while 94~ is in Durham County and Durham City. Lot 27 as shown on the final plat '~_:._ is over 60,000 square feet while the other lots are approximately 30,000 or more square feet. Tt's twice as large as the other Montvale lots. It was intended, originally, that this be 2-30,000 square foot lots--Lot 27 and lot 28. $ecause of the fact that this line straddles Modville, a very small portion of what was to the part of lot 28 is in the rural buffer. Therefore, they had to originally plat the subdivision with 27 lots to go through the Durham city approval process. That is how the subdivision was platted and filed. In late summer 1988, a variance application was filed with the Orange County Board of Adjustment so that Lots 27 and lots 28 would be consistent with the remainder of the subdivision. The variance was denied. The County Attorney and Planning Director suggested that this be rezoned which is the reason they are here tonight. Montvale is caught in a situation where the municipalities have not considered what to do when projects cross boundary lines. A rezoning is a sensible, practical, and appropriate way to deal with these problems. She expressed agreement with the Planning Staff's recommendation that it would create the consistency that is the intent and purpose of the joint planning area Land Use Plan. She supports an inter-local agreement to deal with situations such as this, and believes that it is necessary. It was hoped that this be considered a minor adjustment or fine tuning of the rural buffer and not something that is major. The inter-local agreement is something that could actually take several years to come about and not something that could address this problem right now. This sliver of Orange County goes through four lots. It only slightly effects three of these lot but goes through almost half of that lot 27. If this rezoning is approved one lot would be gained. The lot would be developed consistent with the rest of the. subdivision which has 30,000 square foot lots. The Town of Carrboro, the next item on the agenda, has requested that a 400 foot rural buffer area located between Carrboro Transition Area II and Duke Forest be removed and that the area be designated as Transition Area II on the joint - planning area Land Use Plan. When it comes down to practicality there needs to be some