Complex poses zoning challenges

The proposed development of an apartment complex off Merritt Mill Road has presented Chapel Hill and Carrboro with the first zoning dilemma of its kind in recent years, according to planning officials.

"It's an unusual situation because the property actually straddles jurisdiction lines," said Roger Waldon, Chapel Hill's planning director.

Plans for the 164-unit apartment complex include building on 8.56 acres of land that resides in both towns. About 7.55 acres of the land is part of Carrboro, and the remaining 1.01 acres are in Chapel Hill.

The dividing line between both towns follows the path of creeks and property lines near and on Merritt Mill Road. Recent expansion of development has left land along the road sandwiched.

"In most places, the jurisdiction line is a road or something a little more concrete, versus (a line) splitting a piece of land," said Carrboro zoning specialist Marty Roupe.

In the current proposal, all of the building and infrastructure is planned for the Carrboro sector, while the incorporated Chapel Hill land has been left vacant, he said.

Roupe said the piece of land in Chapel Hill is small, but the town has the option to require developers to get separate permits for its section of the complex.

"I don't know how that's going to play out," Roupe said of the possibility of separate permit requirements.

By leaving the Chapel Hill land vacant in the plans, the developers are hoping to reduce hassles brought on by dealing with acquiring land ordinances and permits from both towns, said Jeff Kleaveland, a Carrboro zoning development specialist.

Plans for the complex might be redesigned to exclude the Chapel Hill land from the development. But Kleaveland said the Chapel Hill land could provide a separate entrance for the development, which is why it is still being included in plans.

Kleaveland added that it is too early in the planning stages for either town to discuss which town will hold jurisdiction over the complex, but if land from both towns is used, it is likely that Carrboro will take over regulatory responsibility.

Local services for the complex still would be provided by both towns cooperatively through the reciprocal relationship that already has been established, said Roy Williford, Carrboro's planning director.

"For things like daily operations - like emergency services, police protection - our police and fire departments coordinate very well and do that on a daily and regular basis," Waldon said.

The towns joined four years ago to develop the Rosemary Street parking lot at the corner of Rosemary and Sunset streets, said James Harris, Carrboro's director of community and economic development.

Harris said he worked with both towns to acquire funding and permits for the joint development, which Carrboro now is trying to lease.

"The towns work together well on broad general planning principles," Waldon said.

No date has been set yet for an updated presentation before either town of plans on the Merritt Mill development.

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