Agenda - 10-11-1995 - Items 1 and 2 - Appendix 2

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ATTACHMENT 8 RUDOLF & MAHER, P.A. 312 WEST FRANKLIN STREET TELEPHONE(919)967-4W CHAPEL HILL,NORTH CAROLINA 27516 FACSIMILE (919)967-4953 February 27, 1995 I Mr. W. Calvin Horton Town Manager Town of Chapel Hill 306 North Columbia Street Chapel Hill, NC 27516 Re: Public Hearing on Proposed Small Area Plan for the Northwest Area Dear Mr. Horton: Unfortunately, because of a prior teaching commitment I cannot attend the March 1, 1995 public hearing before the Town Council regarding the proposed Small Area Plan for the Northwest Area. However, as one of the owners of property on the southeast comer of N.C. 86 and Weaver Dairy Road, I am very concerned about the effect of the plan on my property. As you may recall, several years ago the Town adopted the Mixed-Use zone, to promote increased coordination by landowners through density incentives for a mixed-use plan of 20 or more acres. More recently, at our request, the Mixed-Use regulations were amended to allow a second phase mixed-use plan for parcels of 10 or more acres that were adjacent to an already approved mixed-use plan. Pursuant to this, the four separate owners of parcels on the southeast corner of N.C. 86 and Weaver Dairy had a real incentive to coordinate any development plans. This incentive is now threatened in two ways. First, the State is about to take by eminent domain some of the property on this quadrant in order to expand N.C. 86, leaving less than 10 acres, the current threshold for a second phase mixed-use plan. Second, the proposed Small Area Plan deletes the mixed-use zoning for this parcel altogether, and allows only office/institutional. Under such zoning the property owners in this quadrant will not have sufficient incentive to coordinate their development plans. I would respectfully suggest that the current