HomeMy WebLinkAboutMinutes - 19730709MINUTES OF THE ORANGE COUNTY ~a00iS ~r $'P.9GE.~~ ~.
BOARD OF COMMISSION~tS
July 9, 1973
The B.oe.rd of County Commissioners of Orange County met in regular session
at 10:00 o'clock A.M. on Monday, July 9, X973, in the Conference Room of the
Social Services Department.
Members ?resent: Chairman C, Norman Walker and Commissioners Henry S.
Walker, Flora Garrett and Richard y, Whitted.
~ Members Absent: Conanissioner Ira A. Ward,
LL 5. M. Gatos, the Cour_ty Administrator, and Lucius M. Cheshire, the County
Attorney, were also present.
The Chairman requested that the Clark read the minutes of all, the previous
meetings.
A discussion ensued relative to the wording in the minutes pertaining to the
exemption of certain water lines planned by the Town of Hillsborough. It was
` agreed that the intent of the Board with regard to these lines was not properly
recorded in the minutes. The minutes for the meetings held on Juna 27th, June
2+?th and June 29th, 1973, were not available for reading as they had not been
transcribed. With the exception of the items above listed the minutes were
approved.
Chairman Walker presented the following letter from the State Highway
Commission:
"Effective July 1, 1973, the Department of Highways, 7th Diviaiony
which comprises Alamance, Casiaell, Guilford, Drange, and Rockingham
Counties, will require that sub-division streets, that are expected to
become a past of the state system and on which construction has bot
previously begun, be seeded and mulched in accordance with State Highway
Commission Standard Specifications for Roads and Structures (July 1,
1972). This will include all areas within the right of way which have
been disturbed by construction.
It will also be required, where needed, that silt fences, silt
basins, bruch barriers, silt ditches, or other acceptable methods of
controlling erosion be put into effect. These requirements are in
! keeping with the Division of Highways policy on Protection of the Environ-
ment and Control of Erosion."
Chairman Walker presented a letter from Mrs. John Tubiola relative to the
conditions that existed on a community road. The Clerk was requested to answer
Mrs. Tubiole's letter and to advise her of the proper action that could be taken
by petitioning the State Highway Commission.
Chairman Walker presented a letter from Mra. Louisa Forrest of Ffland, N. C.
requesting that the Board grant her another appointment before the Board of
Equalization and Review as she missed her scheduled appointment because of
illness. Mr. Gatos advised the Soard that he had received other requests from
citizens who were unable to keep their appointments before the Board of
Equalization and Review and that he felt all of these requests could be heard
at one time. The latter was filed with Mr. Gattia for his response and his
records.
Chairman Walker recognized Clayton Haithcock, the County Zoning Officer.
Mr. Haithcock stated that all of the plats that he was presenting had been
approved by the County Planning Board except for the pne preliminary plat.
1. Property of Ruby Mae Wilson in Chapel Hill Township dated June 11, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Flora Garrett, it was moved that the Chairman be authorized to sign the certificate
of approval on said plat. Commissioner Richard E. Whitted amended the motion
by requesting that the number of square feet on said plat be computed in order
to determine that it did meet the requirements of the County Zoning Ordinance.
Commissioner Henry Walker accepted this amendment and said motion was unan3.mously
` adopted. ti.
~ 2. Property of Cleo Bryan and Jacquelin Hiwett in Chapel Hi11 Township
j dated June 5, 1973.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and adopted, that the Chairman be authorized to
sign the certificate of approval if Lot #1 of the plat, after being checked for
the total number of square feet, proved to contain the proper number of square
feet then same could be recorded,
soap $ ~~~ : •:_~
3, Final plat of Barington Hills located in Chanel Hill Township on old
Highway ,'~86, dated June 1!}, 1973, property of Harold Williams and
David Curl. Mr. Haithcoek presented a cony of the percolation test
that had been made on the soil in the proposed subdivision.
Upon motion of Commissioner Henry $. Walker, aeeonded by Commissioner
Richard E. Whitted, it was moved and adopted that the Chairman be authorized I
to sign the certificate of approval on said plat.
L~., Property of Steven D. Paschal located on Old Corm,rallis Road in ~.
Chapel Hill Township dated June 1, 1973. -1
Upon motion of Commissioner Henry S. Walker, aeeonded by Commissioner
Flora Garrett, it was moved and adopted that the Chairman be authorized to
sign the certificate of approval on acid plat.
~. Morris Grove Heights, Section II in Chapel Hill Township, dated June,
1973, property of James C. Finn and M. Ray Hunter. A copy of the
percolation test that had bean made of the soil in the proposed
subdivision was submitted by the County Planning Officer.
Upon motion of Commissioner Richard E. Whitted, aeeonded by Commissioner
Flora Garrett, it was moved and unanimously adopted, that the Chairman be
authorized to sign the certificate of approval on said plat.
6( Property of J. C, and Bernice Persona located in Chapel H311 Township
dated May, 1973. Mr. Haithcoek stated that the County Planning Board
had apprgved only four (l~) of the lots in the proposed development as
the developers did not want to cut a road to the back lots shown on
the plat at this particular time.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard
E. Whitted, it was moved and adopted that the Chairman be authorized to sign
the certificate of approval on said plat.
7. Froperty of Tom L, Cook located on Pleasant Green Road in Eno Township.
Said plat was revised as of May 25, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Cocranissionar
Richard E. Whitted, it was moved and adopted that the Chairman be authorized to
sign the certificate of approval on said plat.
8. Property of James L. Hogan on Homestead Road in Chapel Hill Township
dated May 8, 1973.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Henry S. Walker, it was moved and adapted that the Chairman be authorized to
sign the certificate of approval on said plat.
9. Maps 1 and 2 of Country Lane Estates, property of Joe F, Berini
Construction Company, Inc. in Eno Township, dated June 15, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Richard E.•Whitted, it was moved and adopted that the Chairman be authorized
to sign the certificate of approval on said plat.
10. Preliminary plat of Birchwood Lake Forrest Estates in Chapel H3,11
Township dated May, 1973.
Commissioners Flora Garrett and Richard E. Whitted requested the Zoning
Officer tv call to the attention of the developer that Lots 11 and l2 should
be reviewed due to their location near a stream. Both of the Commissioners
expressed concern because of the recent flooding problems that was being
encountered in this area.
Mr. Haithcoek stated that he had in his possession re-zoning requests
that had been approved by the County Planning Board, but that these requests
Headed the approval of the County Board of Commissioners.
1. A request from W, E. Blackwood in Chapel Hill Township to re-zone from
an agricultural area to a general commercial area 1.25 acres that is
located on the Bethel Church Road. ~
The Zoning Officer stated teat Mr. Blackwood's original request for
re-zoning had shown only the word "commercial" and that h® as the Zoning
Officer had inserted the word "general" but that he was of the opinion that
it would not matter to Mr, Blackwood which type of zoning was applied as
long as he was permitted tc build the store and garage that he had planned.
A plat of the property and the proposed building was presented by the Zoning
Officer. A dissuasion ensued Concerning the dafination and the difference
in general commercial and rural coimneraial as set forth in the Zoning Ordinance.
~ Commissioner Flora Garrett moved that the Board disapprove the request o_'
W, E. Blackwood to re-zone from a agricultural area to a general commercial area
-.. 1.25 acres that is locoted on the Bethel Church Road, and to request Mr.
Blackwood to resubmit his re-zoning request by asking that the property be zoned
rural commercial. This motion died for the lack of a second,
Upon motion of Commissioner Henry S, Walker, seconded bq Commissioner
Richard ~, Whitted, it was moved that the recotrmiendation of the County Planning
Board relative to the request of YT, E. Blackwood be approved,
Chairman Walker called for the vcte, Commissioners Henry S. Walker and
Richard E. Whitted voted "aye", Commissioner Flora Garrett voted "nay", Chairman
YTalker declared the motion passed.
2, Request of 1, S, Newton to re-zone from residential to general commercial
2.38 acres of lead located at the intersection of Wearer Dairy Road and
Piney Mountain Road in Chapel Hill Township.
Discussion ensued as to the re-zoning request of 2. S, Newton as Commissioner
Garrett was concerned as to the Board beginning a practice of spot commerci&1
zoning. She suggested that the Board allow a delay on this request in order to
receive the re-zoning application that was expected to be filed by the developers
who were proposing to construct a Wareing home project on a site that did ad3oin
the Newton property. The County Attorney advised the Board that if the request
to re-zone was approved then the county could not withdraw its approval of the
property from a general commercial area. The Board agreed that they did net wish
- to spot zone the county,
- Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
F1ora.Garrett, it was moved and adapted that the matter of the request for re-zoning
of the I, S. Newton property be deferred until a later date.
3. Request from Jimmy Freeland to re-zone 5.2 scree in Chapel Hill Township
~,- from a residential area to a mobile home park area was presented. A
copy of a written consent of all adjoining property owners was read..by
Chairman Walker.
Commissioner Henry S, Walker moved for the adoption of the request of Jimmy
Freeland to re-zone 5,2 acres in Chapel Rill Township from a residential area to
& mobile home park area, This motion died for the lack of a second.
Discussion ensued. Mark Burnham of the Triangle J Council of Governments
suggested that the Board inspect the soil survey of the area that was on file
with the Boil Conservation Service.
Upon motion of Comrwasioner Flora Garrett, seconded by Commissioner Richard
E. Whitted, it was moved that the Board disapprove the reaueat of Jimmy Freeland
to re-zone 5.2 acres in Chapel Hill Townakzip from a residential area to a mobile
home park area. Chairman Walker called for the vote. Commissioners Flora
Garrett and Richard R, Whitted voted "aye". Commissioners Henry S, Walker and
Norman Walker voted-"nay", Chairman Walker declared that the motion neither was
passed or was defeated due tv a tie vote,
The Zoning Officer questioned the Board as to what position this left him
with as Mr. Freeland was awaiting an answer, The County Attorney advised Mr.
Haithcovk that i~lr, Freeland should request the Board of Comm ssioners to reconsider
his re-zoning request.
La.. Request of LeRoy Rope to re-zone 17.06 acres located off of St. Marys
Road on Dumont Drive in kho Township from a residential area to a mobile
home park area.
~~ Mr. Hope presented a completed map of the
Discussion ensued relative to the apposition thatohadebeenbregisteredratethe
~ Public Hearing when the matter of this request was brought before the County
Planning Board,
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Chairman Tdalker inquired of Willie Glover, who is a resident of the area,
"ldhat the adjoining property owners felt about the proposed project?".. Mr.
Glover replied "that he objected to the request for re-zonir_g from a residential
area to a mobile home park area". Mr. Hopo replied "that only one adjoining
property owner, to his knowledge, objected to the re-zoning request".
Commissioner Richard E. Whitted referred to the County Zoning Ordinance and
he read from its contents the following: I
"Section Purpos_a_
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It is the purpose of this ordinance:
3:1 To recognize the clear interest of the residents of Orange County
in the efficiency, prosperity, appearance, health, and safety of
their County;
3.2 To recognize the basin right of each resident to use and enjoy
land which he legally owns or controls;
3.3 To avoid potential conflicts between the ?and user and the
general public;
3.L~ To protect the present and future enjoyment of property by all
residents in all portions of Orange County covered by this ordinance.
To these ends this ordinance is designed to promote the sound and
harmonious development of Orange County and to further the general
welfare of all residents by safeguarding property values. This ordinance
is further designed to provide for residential, commercial, and
industrial growth in Orange County by the establishment of districts
within which each type of use can develop properly and profitably and
not interfere with the use of land in adjacent parcels or districts..
Questions erase as to the petition that was filed in opposition to the request.
The Zoning Officer stated a petition in favor of the re-zoning request had, also,
been received by the County Planning Board. He stated that both petitions, the
one in opposition and the one in favor, contained signatures of individuals who
were not residents of the affected area. The Board expressed a desire to inspect
the petition a. The Zoning Officer stated that he did not bring them to the
meeting, but they were on file in hie office. I
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner Flora ~.
Garrett, it was moved and unanimously adopted, that based on the purpose of the
Zoning Ordi,nanee t4 promote the sound and harmonious development of Orange County
and to further the general welfare of all residents by safeguarding property values
that the request of LeRoy Hope to ra-zone 17.06 acres in Eno Township be denied.
Commissioner Flora Garrett stated that she felt that the inconsistencies
that did currently exist in the Ordinance requirements for a single home dwelling
and a mobile home park dwelling should be corrected.
The Zoning Officer read to the Board a letter that had been received from
Donald N, Divine requesting a special public hearing on his request to re-zone
from a residential area to a rural commercial area property located on Highway
#86 near Homestead Road. The rural commercial area would enable him to build some
greenhouses and time was of upmost importance to his project. Th.e matter of Mr.
Divines request was referred to the County Planning Board for their recommendation.
l4ark Burnham presented-the following m@morandum dated earth 2•, 1973, that had
been addressed to. the Orange County Plaan~.ng-Board..r®lative.to.an amendment .to
the. Orange County Zoning.Drdinance.making Sanitary Landfills a Special Use:
In the present Orange County Zoning Ordinance, sanitary landfills are
permitted in Rural Industrial districts. Te create a Rural Industrial
district strictly for sanitary landfill use would not ba advisable for at
least three reasons:
1. A sanitary landfill is not an industrial use. In fact, sanitary
landfill operations are incompatible with industrial uses because
a sanitary landfill renders property unsuitable for industrial use. ~~
Buildings cannot be safely built on a sanitary landfill bscauae of ~
settling, gas generation, and other problems.
2. The Rural Industrial zoning would continue after the land is no --
longer used for sanitary landfill purposes. No control over farmer
sanitary landfill land could be exercised by the county and an
industrial use incompatible with the surrounding area could be ..
legally moved in.
3. Because of increased demand for land For sanitary landfill purposes
it is not Just possible but probable that in the future private enterprise
will enter the solid waste disposal field and Orange County will be called
on to rezone land for a privately operated landfill. Under the present
ordinance this would result in a request for industrial rezoning that,
if rezoning were accomplished, would allow any industrial or landfill
use for the property in question. This would not be a good situation.
There should be provision for sanitary landfill use only, with regulation
and buffering appropriate to that use required.
Because of these reasons amendments to the Orange County Zoning Ordinance
are suggested that would remove sanitary landfills as a permitted use under
Rural Industrial classifications and would make them a special use under permits
issued by the County Commissioners after a Joint public hearing with the County
Planning Board.
The first amendment would strike out the line headed "Sanitary Landfills"
in the table of permitted urea given in section 6.1 of the Orange County Zoning
Ordinance.
The second amendment would add a section numbered 1D.8 to the Orange County
Zoning Drdinance.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner
Richard ~. Whitted, the following amendment to the Orange County Zoning Ordinance
making Sanitary Landfills a Special Use wee unanimously adopted.
Section 10.8 Sanitary Landfills
The Orange County Board of County Commissioners shall be empowered to
issue Sanitary Landfill Uae permits.
Proposals to establish a sanitary landfill aita.may be initiated by the
Board of Commissioners, by the Drange County Planning Board, or by petition
by any interested persons or goverr_mental agency. All such proposals shall
be referred to the Planning Soard for its consideration and recommendation.
In nc case shall final action be taken to establish a Sanitary landfill
site until a duly advertised public hearing is held.
10.8.1 Sanitary Landfill Special Uae Permit Procedure
10.8.1.1 Any sanitary landfill site proposal shall be submitted
to the Zoning Officer in writing and in complete detail
at least 20 days prior to the regular public hearing
provided in Section 1s.2.2.
10.8.1.2 The Hoard of Commissioners and the Planning Soard shall
hold a Joint public hearing on any sanitary landfill site
proposal, advertising such a hearing once a week for two
consecutive weeks with the first advertisement appearing
not less than 15 daps prior to said hearing, in a news-
paper of general circulation in the appropriate portion
of the county before taking action concerning proposed
sanitary landfill special use permits.
10.8.1.3 Tha Zoning Officer shall post on env affected property a
notice of the public hearing at least 10 days prior to
the date of said hearing,
10.8.1.1+ The Planning Board shall submit its recommendations on
any proposed sanitary landfill sites to the Board of
Commissioners within 36 days after such proposals have
been referred to the Planning Board for its consideration.
Failure to do so shall constitute a favorable recommendation.
10.8.2 Before issuing s Sanitary Landfill Special Use Permit the Orange
County Soard of Commissioners and the Orange County Planning Hoard
shall make the following findings:
10.8.2.1 The lot size shall bo not less than 10 acres.
10.8.2.2 That the site and plane for the sanitary landfill
operation meet the approval of the North Carolina State
Soard of Health Solid Wastes Disposal Section and
follow the North Carolina State Board of Saalth rules
and regulations providing standards for solid waste
disposal.
10.8,2.3 That a buffer strip of not leas than 100 feet measured
from all exterior property lines and main travelled road-
way right of way lines shall be maintained free of land-
fill operations, structures, vehicle or equipment parking,
and outdoor storage.
BOOK S FACE 6
10.8.3 To protect the health, safety, and general welfare of the community,
the operation under a Sanitary Landfill Special Uae ].'ermit shall be
reviewed and a permit renewal required every two years at a regularly
scheduled quarterly public hearing before the Orange County Planning
Board and County Commissioners. Notice of such permit renewal
proceedings shall be posted or_ the property and advertised in the
same manr_er as the original permit application.
10.8.4 The Sanitary Landfill Spacial Use Permit will automatically
terminate when the site is no longer used for Sanitary Landfill
activity and no material has been burled for a period of 90 days.
Upon motion of Commisaionar Richard E. Whltted, seconded by Commissioner
Flora Garrett, it was moved that the proposed amendments to the Orange County
Zoning Ordinance as to Planned Unit Developments was unar_lalousl.y adopted.
Under Section s of the ordinance:
Add at the bottom of page 5-2 after the paragraph headed Hura7.
Procasaina District, and before the paragraph starting "The
specific uses of~property and the minimum requirements...":
Planned Unit Develovment District
The purpose of the Planned Unit Development District is to allow
originality in the planning of a ao~nunlty development by modifying
the minimum and maximum requirements set forth in the above zor_ing
distrieta. It is proposed that development under the Planned Unit
Development district classification will provide for maintained open
spaces and recreational areas, safety features for pedestrian and
behicular traffic, elimination of unsightly uniformity, and con-
servation of the natural features of the land to be developed.
Under Section 6.1, Permitted uses table:
Add a column heading titled "Planned Unit Developments."
Under Section 6.1, Permitted uses table:
Place an "X" under the "Planned Unit Developments" heading after the
following uses: Single Family Dwelling Units, Individual Mobile
Homes on Individual Lots (as permitted in Section 7), and Duplex or
Multi-Family Dwelling Units (as permitted in section 10.2).
After section 6.12 of the Orange County Zoning Ordinance add a new section
numbered 6.13 titled "Planned Unit Development" to read as follows:
6.13.1 Statement of Intent
Planned Unlt Development zoning district classification is intended
to allow originality in the planning of a community development by
modifying the minlmutn and maximum requirements set forth in
residential zoning districts. It is proposed that development under
the Planned Unit Develoament district classification will provide for
maintained op an spaces and recreational a-eas, safety features for
pedestrian and vehicular traffic, elimination of unsightly uniformity,
and conservation of the natural features of the land to be developed.
6.13.2 Principal Permitted Uses
(s) Single family dwelling units
(b) Two-family dwelling units
(c) Multi-family dwelling units
(d) Combination of any of the above
6.13.4 other Permitted Uses
By appropriate design and designation on the Planned Unlt Development,
Plan,. the following uses may be allowed:
(a) Recreational facilities and areas
(b) Stables
(c) Community buildings
(d) Country clubs
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BODK $ P„GE ~
6,13,s Lot Requirements
As set forth in the Planned Unit Development Plan and in accordance
with the minimum lot size requirements for residential districts set
forth ir. section 6.2 of this ordinance.
Setbacks from all exterior boundaries of a Planned Unit Development
shall equal or be greater than the setback requirement of the zoning
district outside that boundary.
No setback or aideyard requirements will be enforced on interior lots
of the Planned Unit Development.
6.13.6 Minimum area and density requirements
(a) A minimum of l0 (ten) acres will be required before considering
any application for rezoning under this Planned Unit Development
article.
(b) Maximum density requirements under this article will bs set by
the Planned Unit Development Plan in accordance with the mi.nzmum
lot size requirements for residential districts set forth in
section 6.2 of this ordinance.
(c) Duplex or Multi-Family Dwelling Unit Special Use Permits are
issued by-the Board of adjustment under section 10 of th3.s
ordinance. If Duplex or Multi-Family Dwelling Units are
proposed as part of a Planned Unit Development plan, special
use avproval must be obtained from the Board of Adjustment prior
to suSmission of the Planned Unit Development P~.an.
6.13.7 Instruments to be submitted when applying for change of zoning under
Chia article:
(a) Applicant shall submit with his application to the Dranga County
Zoning Cffica a minimum of 7 (seven) prints of a Planned TSnit
Development Plan which shall include the following information:
(1) Proposed name of development
(2) Names and addresses of the owner(s) and the land planner
(3) North point and date
(1.F) Legal description of the development
(5) Boundary lines of the development in a heavy solid line
(6) scale - written and graphic
(7) Total acreage
(8) misting contours with intervals of two (2) feat or less
(9) street pattern within development
(LO) Designation of all common areas within the development
(11) Designation of all proposed dimensions for each, lot within
the development
(12) Designation of the uses for each lot within the development
(13) Designation of the uses and improvements in the common areas
within the development
(1!}) Designation of the proposed height of all buildings in the
development that will exceed 25 (twenty-five) feet in height
(b) In addition to the Planned Unit Development Plan, the applicant
shall submit a vicinity map showing the geographic relationship
of the proposed Planned Unit development Plan to the surrounding
area, The vicinity map shall show major land use, divisions,
and streets for at least one-quarter (1/!~.) mile on all aides of
the Planned Unit Development Plan.
(c) 'd'he applicant shall also submit together with the Planned Unit
Development plan .and the vicinity map all of the necessary legal
documents and materials which will show the manner and method of
improving, developing, and maintaining the common areas within
the Planned Unit Development Plsn.
BOOK $ r•ACE $
6.13.8 Planning Board Review
In addition to the public hearing prooedures set forth in section 15 of
the Orange County zoning ordinance, the Planning Board shall review all
instruments submitted in paragraph eight (8) of this artiale and shall
approve, disapprove, or make suggestions concerning said instruments and
aha11 incorporate said suggestions in the resolution recommending
approval or disapproval of the change of zoning. -
The applicant(s) may request an informal review of a Planned Unit
Development-proposal by the Orange County Planning Board at a regular
meeting of that board prior to advertisement of the Planned Unit Plan
far public hearing if they desire such review.
6.13.9 County Commissioners
In addition to the procedures set forth in section 15 of the Orange
County Zoning Ordinance, if a change of zoning is allowed under this
article by the Orange County Board of Commissioners, they shall:
(a) Concurrently with the passage of the resolution changing the
zoning of the proposed area to "Planned Unit Development" zoning,
they shall approve the Planned Unit Development Plan and the
instruments and materials submitted under paragraph eight (8) (c)
with any changes, deletions, or additions as consented and agreed
to by the applicanta(.s).
(b) Applicants(s) and the chairman of the Orange County Board of
Com¢nissionera shall execute the approved Planned Unit Development
Plan, which shall be a reproducible permanent record on linen or
other suitable material and said plan shall be filed in the Orange
County Administrator's office as a permanent record.
6.13.10 Effect of zone change under this article
(a) A change in zoning to "Planned Unit Development" District will
bind the development of the real property sc zoned to the Planned
Unit Development Plan filed in the County Administrator's office
pursuant to section 6.13.7 of this artiale.
(b) The Planned Unit Development plan is not a subdivision plat for
ar_y purpose and it will be necessary to comply with the sub-
division regulations of Orange County, North Carolina, before
development is commenoed on the property zoned as a Planned Unit
Development District.
(c) Subdividing property contained within the Planned Unit Development
Plan may be in whole by one subdivision plat or in parts by a
series of subdivision plats, and each subdivision plat submitted
under the precadurea of the Subdivision Regvlationa must be in
substantial compliance with the Planned Unit Development Plan.
6.13.11 Procedure for amending the Planned Unit Development Plan
(a) Amendments of the Planned Unit Development Plan shall be considered
only when one of the following conditions exists:
(1) A clear and obvious hardship would result unless an amendment
is granted.
(2) There was an error or mistake in the plan.
(3) There has bean a change in conditions in the surrounding area
which would necessitate a change in the plan.
(b) Application for amendment(s) of the Planned Unit Development Plan
shall ba filed with the zoning officer of Orange County.
(c) A joint public hearing of the Planning Board and the Board of
County Commissioners of Orange County shall hear all testimony
and evidence concerning the amendment. Notice for this public
hearing shall be given in accordance with section 15 of the Orange
County Zoning Ordinance.
(d) Within thirty (30) days o£ the public hearir_g referred to in paragraph
(c) above, the Orange County Planning Board shall make recommendations
in the form of a resolution to the County Commissioners concerning the
proposed amendment. Failure to forward a resolution within thirty (30)
days constitutes a favorable recommendation.
(e) After receipt of the Planning Board resolution the County Commissioners
may amend the Planned Unit Development Plan, and if any amendment is so
allowed the applicant(s) and the Chairman of the Orange County Board of
Commissioners shall execute the amended Planned Unit 'Development Plan
and file the amended plan in the County Administrator's office with the
original plan.
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60aK $ r„cE 9
Commissioner Flora Garrett questioned the Zoning Officer about highway
signs that she had noticed had bean installed on Highway #70 and Interstate
$$. She stated that she felt these signs ware in violation of the Zoning
Ordinar_ce.
Willie Glover, Supervisor of the Farmers Home Administration Office,
submitted the following annual report:
INFDRi~TION ON FART'tERS HOPS ADMINISTRATION
ACTIVITY-FISCAL YEAR ENDING 1973
109 Court Street, Room 10
Hillsborough, North Carolina 27278
ORANGE COUNTY
Number Amount
1, Rural Housir_g Loans Approved 91 $1,60L},520,p0
2. Farmer Loans Approved (OL,FO,EM,EO,S~,I) 1!} $ 67,630.00
3. Association or Group Type Loans/Grants Approved 0 0
4. FHA Credit provided Fiscal Year 1973
$1,627,150.00
(Total lines 1,2,3 above)
s. Number of Individual Borrowers in County 7/30/73 325
6. Number of Group Type Loans in County 1
Number of Families Served 1199
7, Estimated Amount Added Directly to County $ 19 250.00
Tax Base ~
8. Outstanding Principal Indebtedness 7/3D/73 X5,815,620,32
Chairman Welker presented a letter from F. K, Xarborough Sanitary Ehgineer
of the Department of Human Resources, Said letter requeeted t'that a copy of the
Comprehensive Plan for Water and Sewer Development for Orange County" be filed
with hie Department. The County Administrator advised the Board that a copy of
this Plan could be secured and forwarded. The Board instructed that same be done.
Chairman Walker read a latter from Dr, Robert C. Hanes, Superintendent of
the Chapel Hill-Carrboro School Dnits, inquiring into the possibilities of the
county to utilize the Northside School property. The County Administrator advised
the Bcard that a study of the possible uses for said school property was being
made by several governmental agencies.
Chairman Walker presented the following proposal from Burch Compton, Director
of the Orange County Civil Defense Agency.
PROPOSAL
T0: Norman Walker, Chairman, Orange County Board of Commissioners
:'ROM: Burch Compton, Ccordinator
SUBJECT: Name Change
DATE: June (}, 1973
On Thursday, P4ay 17, 1973, the rt, C. General Asse:nb1_y passed an
amendment to the N, C, Civil Defense Act of 1961 which made the old
Civil Defense Agency the Division of Civil Preparedness under the
Department of Military and Veterans' Affairs.
We propose a nomenclature from Orange County Civil Defense Agency
to Crange County Civil Preparedness Office with Burch Compton es
Coordinator.
Chairman Walker referred to the letter of resignation that he 'had received
from Commissioner Ira A, Ward of Chapel Hill. The Chairman then presented a
letter that he had vmitten in behalf of the Board relative to Commissioner Ward~a
resignation.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Richard E, Z•Thitted, it was moved that the resignatior_ of Commissioner Ira A, Ward
be accepted with regret.
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L. M. Cheshire, County Attorney, presented a letter from Hyper-Video
Company. Said letter requested that the County certify that it does not have
the authority to grant Hyper-Video Company a Cable Television franchise that
would serve the area around the Town of Hillsborough. Said letter pointed
out that the Town of Hillsborough had already granted the company a franchise.
It was the feeling of the Board that the County had been given the authority
under an enactment by the last General Assembly to franchise cable television.
The Board requested the County Attorney to further investigate the authority -
of the County in such matters before ar_awering the request of the company.
The following letter from James E. Barrington, Secretary of the Department
of Natural and Economic Resources, was presented.
"Enclosed is the final draft of a proposed agreement among the State
of North Carolina, the City of Durham, the Orange County Commissioners
and the Durham County Commissioners relating to future management of the
Eho River. The purpose of the agreement is to enable the State of North
Carolina to move ahead with the plans V.*e have been developing for a State
Park on the Eno while at the same time recognizing the prior interests of
the City of Durham in possible use of the Eno River for a water supply at
some time in the future. I believe that Z sent you a much earlier copy
of this agreement so, hopefully, this final draft will not catch you
uninformed as to its intent.
Would you please review this agreement and discuss it with your board.
If you then feel that you can became a party to the agreement, please let me
know and I will send you final copies for your signature. Tf you have any
questions concerning it, please do not hesitate to call me or Dr. Art Cooper
at 829-49a4.
Many thanks for your consideration.
Chairman Walker brought to the attention of the Board the fact that the
Board must appoint its voting delegate to the forthcoming National Conference
that is being held in Dallas, Texas, on July 22-26, 1973.
Upon motion of Commissioner Benry S. l+ialker, eeconded by Commissioner
Richard E, Whitted, it was moved that the Chairman of the Board be appointed as
the voting delegate to the National Conference. Commissioner Flora Garrett
amended the motion to appoint Commissioner Henry S. Walker as the alternate
voting delegate to the National Conference. The Clerk was instructed to file
the appointment of the voting delegate and the voting alternate with the National
4ssociation of County Official's Credentials Committee.
Mark Burnham was requested to study and to propose a Special Use Section
that would incorporate water sheds under the jurisdiction of the County Zoning
Ordinance.
Di acusaion ensued relative to the matter of the wording of the minutes
relative to the exempt water lines for the Town of Hillsborough. It was agreed
that in the absence of a list from the Town of Hillsborough that no decision
could be reached on the matter at this time. The Clerk was instructed to request
from the Town of Hillsborough a specified list of projects that the Town wants
to have the .Board consider excluding from the `.•7ater/Sewer Extension Policy that
was adopted on June.l~, 1973.
Chairman Walker recognized Fred Cates, Mayor of the Town of Hillsborough.
Mayor Cates requested the Board to approve the installation of 500 feet of 6
inch water. line that would be located on the west aide of Highway x¢86 and was to
be extended from the Long Chevrolet property to the property of James J. Freeland.
Uvon motion of Commissioner Henry 3, Walker, seconded by Commissioner Flora
Garrett, it wsa moved and adopted that the Town of Hillsborough be granted
aermission to install S00 feet of 6 inch water line from the Long Chevrolet property
to the property of James J. Freeland.
Di acussion ensued concerning the proper water lire size Headed for certain areas
and certain types of property.
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard E.
Whitted, it was moved and adopted that the Board request the County Administrator -.
to employ an Engineering Firm for the purpose of establishing the needs and the
proper standards for all proposed water line installations and connections.
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The County Administrator requested the Board to establish dates and times
for the 1973-197(} budgget hearings. It was agreed that the Board vrould meet on
Tuesday, July 10, at 8 o'clock p.m. with the County Board of Education, on
Wedr_eaday, July 11, at 8 o'clock p. m. with the Chapel H311 Board of Education
• and on Thursday, July 12, at 7:30 o'clock p. m, for the purpose of allowing
Russell Wright of Chapel Hill register hie opposition to the County assessing
certain mobile homes as real property. The Board would, also, hear the budget
presentations of the Chapel Hi11 Library Committee, the Sheriff and the
District Health Officer. Monday, July 16, at 8 o'clock p.m, was scheduled as
the time for the Public Hearing on the proposed Orange County Budget. This
meeting must be conducted in order to comply with the General Statutes of the
State.
There being no further business to come before the Board the meeting
was adjourned.
C. Norman Walker, Chairman
Betty June Hayes, Clerk
MINUTES DF THE DRANGE COUNTX
BOARD OF COMMISSIONERS
July 10, 1973
The Board of Commissioners of Orange County met on Tuesday, July 10, at 8
o'clock p, m. in the District Courtroom of the Courthouse in Hillsborough, The
purpose of this meeting was to begin hearings on the proposed 1973-1971} County
Budget.
Members present: Chairman C. Norman 47alker, and Commissioners Henry S.
Walker, Flora Garrett and Richard E, ldhitted.
j/ Members Absent: None.
The County Administrator, 5. M. Gatti s, and the Clerk to the Board, Betty
!F June Hayes were also present.
Mrs. Emma Sue Loftin, H. G. Coleman, Jr. and Oscar Compton, members of
the Orange County School Board, were present as was George Williams, Superin-
tendent pf the County School Unit, and Charles Crowder, Assistant Superintendent
of the County School Unit. Mr. Williams informed the Board that Robert Haas,
Chairman of the School Board, was absence due to a death in his family and that
Roland Scott, one of the members of the Board, could not be present as he was
out of town for business reasons.
Chairman Walker asked the members of the Board of Education if they were
prepared to make the appointment to the A.B,C. Board. Discussion ensued relative
to the absence of two of the School Board members, Chairman Walker stated that
in order to avoid the calling of another,joint meeting between the two Boards
that he would prefer that the matter of the A.B.C, Board appointment be made at
this meeting as it had been the policy in the past to settle such matters at
this particular time of the year.
Upon motion of the County School Board it was moved and adopted that C.
Bunn Pope, Jr. of Cedar Grove, N. C, be appointed as a member of the A.B.C,
Board for a term of three (3) years. Said term is to become immediately effective.
Chairman Walker recognized George Williams, Superintendent of the School
Board, who made the presentation of the 1973-197L~. Sahpol Budget request; The
Superintendent filed the budget for the Orange County Schools 1973-1974. For
a complete copy of this budget request see pages !a7 through ¢ in
the Commissioners bocket Book Number 8.
~`~ Mr. Williams stated that a number of reasons did exist for the increase
of more than $290,639 over last year's request. The schools were budgeted
$611.5,31E5 for current expenses last year and received $52,875 in surplus. A
decrease in Title I fund which had been used to pay teacher aides in the county
_. kindergartens.