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-A .f 7 primarily in Durham County with only 1 1/2 acres in Orange County. This 1 1/2 acres is in the Rural Buffer and it has been argued that it is more appropriately a Transitional Area. Chapel Hill regilested that Orange County roal.e that change ar-d all three Boards " ...-.~-.~ voted to so do. At the present time it is in Lhe Transition Area. He stated that a tWO"._ part proposal was expected. First, the Land Use Plan would be changed. Second, a rezoning request would be brought before the Chapel Hill Board since it is in Chapel Hill's Transition Area. Chapel Hill would then bring it to the Joint Planning Area " Public Hearing. The next step in this process will be for each Aoard to consider this" request. The request submitted is far this property to be rezoned R1-A zoning district which requires a minimum lot size of 25,000 square feet. This is consistent with tl,e Joint Area Land Use Plan and will do na damage to tl~e concept of the Rural. Buffer. Tl~e Planning Staff and Planning Board recommends approval of this request. THE HEARING WAS OPEN FOR CITIZEN COMMENTS. hf~or Eleanor l;innaird asked if this property was zoned Rural Buffer at the time that it was purchased. Commissioner Marshall indicated that it was, however, Ms. Zinn, President of Cazwell Development, was not aware that this portion of the property was ].orated in Orange County. -~_ ~. Kinnaird asked i:f there were other similar parcels in the Rural Buffer. r Walden stated that this is a very unique situation. His staff has .researched the Rural Buffer area and they did not find otlrcr parcels encroaching into t}ae Rural Huffer. A motion was made by Commissiarrer Hartwell, seconded by Commissioner Marshall, to refer this matter to the Chapel Hill Town Council for a decision, and to the Orange County Planning Board for a recommendation, to come back to the Board na sooner than November 6th. VDTE: UNANIMOUS 2. JDINT PLANNING AGREEMENT a. Article 4 - Water & Sewer Extensions The presentation was made by Orange County Planning Director Marvin Collins for the purpose of receiving citizen comment on a proposed amendment to the Orange County-Chapel Hill-Carrboro Joint Planning Agreement. The proposed amendment to the Agreement was precipitated by the plans of the Orange County Board of Education to construct an eleIDentary school at the northeast corner of New Hope Church Road and ?. C. Highway 86. The Mite of the scl-ool will not be in the Rural Buffer. However, the school will best be served by public water and sewer, and parts of the lines will need to be extended through the Rural Buffer. Plans are to extend a l2-inch water line from the Hillsborough system, and a three-inch force main for sewer. Both.lines would be extended south along N.C. Highway 86. All parties to the Joint Planning Agreement have been operating with the understanding that public water and sewer extensions could not be made into the Rural Buffer. In response to questions regarding the extension of utilities to the proposed school, the County Attorney concluded that there are no prohibitions against such extensions in either the Joint Planning Agreement or the Joint Planning Area Land Use flan. On July 2$, 1989, the Managers and Planning Directors for Orange County, Chapel Hill, and Carrboro met to discuss the situation. It was concluded that an amendment to the Joint Planning Agreement was needed to clarify the intentions of tlxe three jurisdictions in regard to public water and sewer extensions into the Rural Buffer. The proposed amendment would add a new Article, specifically Article ~} -Water and Sewer Extensions. Under the provisions of the new Article, the extension of public water and sewer lines through the Rural Buffer portion of the Joint Planning Area would be permitted, provided the extensions were necessary to serve an essential public facility, such as a school, ar to remedy a public health emergency not otherwise