RES-1999-037 Resolution to Deny Application for CP-1-99 Apex Northwest Partnership

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43 Orange County Board of Education dated December 18, 1998). When developed, the property to the north of the By-pass will be served by a road network with one or more access points on the By-pass, and would provide stub-outs to adjoining properties so that a road network could eventually be created to serve the area bounded by the by-pass,-NC 57, NC 86 North, and Phelps Road. One advantage to this road network is that access points onto NC 57 and NC 86 North would be limited. The area to be amended south of the bypass fronts on NC 86 North in two places. The northern frontage is about 400 feet in length. Access to NC 86 North would be limited to the southernmost 100 feet due to the location of Stroud's Creek. The sight distance at this location is about 750 feet to the north and 600 feet to the south. According to NCDOT, the sight distance needed to safely access onto a road with a speed limit of 55 MPH is 500 feet. Thus the area is of sufficient size and is in an appropriate location to be used as an access point onto NC 86. b) Existing Land Use The staff report states that the area is largely undeveloped, or is developed in low-density residential use. It also states that an existing 10-year Transition Area south of Coleman Loop Road and west of NC 86 remains undeveloped. Applicant's Response The southern boundary of the site is within about 200 feet of Rocky Lane, which is the northern boundary of the town limits of the Town of Hillsborough. Most of the area bounded by NC 57, Phelps Road and NC 86, and Rocky Lane is comprised of relatively large lots, the largest of which is included in the proposed Plan amendment. About%of the lots in the area are 5 acres or less. Of these smaller lots, about 70% are less than 2 acres. The smaller lots are located predominately along NC 86 North, and most have direct access onto NC 86 North or Phelps Road. It is understandable that the area has remained undeveloped due to lack of an interior road network and lack of public utilities. The property owner of the existing Transition Area south of Coleman Loop Road spoke at the public hearing and stated that he had bought the property years ago, and had requested Transition Area designation as an investment. It had been his understanding, when the plan designation was changed in 1985, that services would be extended to the property within ten years. He also stated that he was not a developer and did not have the funds to extend water and sewer. With regard to the subject property, water and sewer will be extended to the southern portion when the school site is developed. (The school site has been conveyed, and plans are underway to open the school in 2000.) The subject property also has the added advantage of easy accessibility to both NC 57and NC 86 North when the bypass is constructed to NC 86 North.