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HomeMy WebLinkAboutMinutes - 19780227MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS FEBRUARY 27, 1978 The Orange County Board of Commissioners met jointly on A4onday, February 27, 1978, at 7:30 p.m., with the Orange County Planning Board far a regular quarterly public hearing on planning matters. The meeting was held in the Superior Courtroom in the County Courthouse in Hillsborough. Commissioners present were Chairman Richard Whitted, members Norman Gustaveson, Jan Pinney, Norman Walker and Donald Willhoit. Planning Board members present were Chairman Dr. Robert Bonar, Paul Gates, Marilyn Riddle, Jean Anderson, Andrew Dobelstein, Lindsay Efland, Hilliard Caldwell, Pat Crawford, Col. ~+7illiam Breeze, Art Cleaxy and Hazel Lunsford. , Staff personnel present were Assistant County Manager, Neal Evans, Acting Planning Director, Hal Minis, and members of the Planning Staff, Geoffrey Gledhill, County Attorney, and Agatha Johnson, Clerk to the Board. Chairman Whitted opened the meeting by stating this is the time for the advertised quarterly public hearing held jointly by the County Commis- sioners and the County Planning Board. Air. [~1~-iitted then turned the meeting over to Dr. Bonar, Charrman of the Planning Board. Dr. Bonar informed those present that two xezoning requests would be heard. The usual procedure of a review by the Planning Staff of the request would be heard first then an opportunity would be extended for persons wishing to speak in favor of the request as well as those who wished to speak in opposition tc the rezoning request. Dr. Bonar asked Eddie Kirk from the Planning Department to review the first request of W. D. Jones, Jr., from residential to rural commercial. This one acre lot is located in Chapel Hill Township off Eubanks Road next to the railroad crossing. Mr. Kirk recited to the two boards the general uses within a rural commercial zone, which are: to provide for small cross roads rural commer- cial establishments. The Ordinance recognizes that such establishments provides convenient shopping facilities in areas where larger commercial groupings often would be inappropriate. Permitted uses in such areas are single family dwellings units, public and private utilities, individual mobile homes an individual lots, retail rates of convenient home and farm merchandise, automotive service station with not more than four pumps and non residential storage within closed structures. Mr. Kirk stated that across Eubanks Road from this tract of land there ~s a general industrial zoned area connecting a residential area. Mr. JOnes stated he wished to build a warehouse on the property, which is permitted in a rural commercial zone. The Chairman asked if there were persons who wished to speak in favor of the rezoning request. No one came forth. Dr. Bonar asked if there were persons who wished to speak in opposi- tion to the request. An unidentified male asked for a clarification of the diffezence bet- ween rural commercial and general commercial. Mr. Birk stated there are less useages in a rural commerical zone than in a general commercial zone, however, non residential storage would fall within either zoned area. A Mr. Nunn asked what A4r. Jones intended to store in the warehouse and the answer was office equipment and furniture. Mr. Dobelstein asked who owns the adjacent property to Mr. Jones' land, and how it is zoned. It was pointed out that some areas are presently zoned general industrial and other areas are zoned residential. Mr. Kirk stated that surrounding residents had been notified of the rezoning request and he had not received any correspondence for ar against the request. Mrs. Nunn, a resident of the Eubanks Road area, spoke against the rezoning request. She stated she presently lives next to the property being discussed and she feels there is enough traffic going in and out of Eubanks Road at this time, with the landfill. She stated she was con- cerned with not having a bodge-podge of uses in the area. Hal Minis informed the Boards that under the Land Classification System thds was classified as a rural area, however, r2r. Jones' property would be a corner of the' rural transision area. Larry Nunn stated that he wished to be recorded as speaking against the rezoning request. The Charrman asked if others wished to speak in opposition to this request and no one came forth. The Chairman referred to the rezoning request of Irving E. Nunn, Jr. The request was for rezoning from residential to general commercial. This lot is located in Chapel Hi11 Township off Eubanks Road next to the land- fill and also off of Highway 86. Mr. Kirk stated the purpose of the general commercial district is to provide for general businesses adjacent to main highways, such as outdoor storage, commercial uses, outdoor food service establishments, automobile service stations and repair garages, laundries, and other customary uses. Permitted uses'in thes area are: public and private utilities, zetail sales of convenient .home and faxm merchandise, automobile service stations with not more than four gasoline pumps, residential storage within closed structure, Class A automobile service stations, offices, mobile home sales, general wholesale and retail sales and service unlimited, general whole sale and retain sales conducting activities and storing merchandise within a building with exterior storage of sample merchandise for advertisement purposes only and only behind the set back lines. Mr. Nunn is requesting that a one acre tract be cut from a ten acre tract and the one acre tract be rezoned. Access will be from a non- platted road off of Eubanks Road and down the property line. Mr. Nunn stated that he planned to construct a small 25' by 36' garage and the garage would not have any gas pumps. He stated there are Duke Power and Piedmont Electric easements on the property which has caused the property to decrease in value. A 60 foot easement has been obtained from relatives of Mr. Nunn. Chairman Bonar asked if anyone wished to speak in favor of this re- quest, and no one came forth. The Chairman asked if there were persons who wished to speak in opposi- tion to the rezoning request, and no one came forth. Chairman Bonar then turned the meeting over to the Chairman to the Board of Commissioners. Chairman Whitted stated if there were no other items to borne before either~:Boards, the public hearing is hereby declared ajourned. K Mr. whittdd stated the Orange County Board of Commissioners would con- vene at this time for their regular fourth Monday night meeting. Item 1 on the agenda is consideration of extension of subdivision regulations countywide. Chairman whitted stated that the Board of Commissioners did review the recommendation of the Planning Board at their last meeting of February 21, 1978 and did move and adopt to consider all of the recommended amendments at the quarterly public hearing to be held in May. The item to consider the extension of the subdivision regulation countywide was tabled at that meeting until the meeting of February 27, 1978. He stated that one year ago tonight the first public hearing was conducted to discuss the Subdivision Ordinance. At that hearing, amendments to the Subdivision Ordinance were put into effect in Chapel Hill and Eno Township, where the Ordinance is now in effect. Since that time, there has been sevexal delays in implementing the Regulations, which were at the request of different people and the Planning Board P1r. Whitted stated the Board was aware of various problems Which were continuing to exist in the townships where the Subdivision Regulations are not in effect. He stated the Commissioners wanted to meet with the Planning Board to attempt to understand more fully the recommendation of the Planning Board to not extend the regulations countywide for sixty days, or to their meeting of April 20, 1978. The Chairman stated the Commissioners were faced with problems of having subdivisions of land without subdivision regulations where roads are inadequate and consumers are purchasing land not knowing whether that land is suitable for a septic tank. He stated the two Boards should consider seriously any further de~ lay of extending the Subdivision countywide. He added the Subdivision Regulations will continue to be reviewed and monitored after they are implemented in the townships. Dr. Bonar spoke of a special quality of having input into something before it becomes functional. He stated he felt this was the reason for the concern of the' Advisory Councils in the present matter. Dr. Bonar stated the Planning Board recognized the need for the Ordinance, but they are also concerned for the ;[tatter of communication and for the protection of the apparatus which has been created in the Advisory Countils. He stated this apparatus will be important in the County for years to come. This is one reason for the request for a delay. Commissioner Willhoit asked that all the recommended amendments sub- . miffed by the Planning Board be reviewed prior to the May pubic hearing. He added he felt it was important to distinguish between extending the Ordinance countwide and the amendments. T?r. Willhoit stated that is appeared to him that the Board of Commissioners had shown good faith by hearing input from the Planning Board to delay implementation of the Regulations by a year. The idea of Advisory Councils was borne by the County Commissioners several years ago, and indicates the Commissioners' dedication to citizens input. He added that he flet it would not be a breach of faith to implement the Regulations at this time. That many pro- blems in the County need to be addressed. Mr. Willhoit specifically mentioned the need to protect the watershed areas of University Lake, Cane Creek and Seven Mile Creek. He concluded these remarks by stating there appears to be little justification to delay implementation. Commissioner Walker stated he felt the Ordinance should be cleaned up before implementation. He stated this would facilitate communications between the Commissioners and the citizens of the County. He added that he would go along with a sixty day delay as recommended by the Planning Board. Commissioner Whitted stated the Ordinance was not one in rough draft, but an ordinance which is in effect in two townships presently. Commissioner Gustaveson expanded on Chairman Whitted's remarks further by adding there appears to be no major problems with the operations of the Ordinance in these two townships. He stated there are no legal problems and the planning criteria is functioning well. Mr. Aobelstein stated a concern of the Advisory Councils was that the Ordinance would not work as well in other townships as it is working in areas where the Ordinance has been in effect for some time. He added that it is important to consider the difference of areas within the County. Commissioner Gustaveson pointed out that input from the Planning Board and the Advisory Councils would be oncoing. His concern was to balance the series of concerns and problems of the County with the concerns of the Advisory Councils. Lindsay Efland added that he felt the Advisory Councils would be frustrated if they did not have a final opportunity for input into the Ordinance. He stated he felt the Regulations should be extended, however, the Advisory Councils should be allowed to complete thier process.. Col. Breeze stated he agreed with Mr. Efland's remarks, that a delay would release the minds of county citizens to have faith in one another. He urged the Board to delay extending the Ordinance at this time. Pat Crawford stated that people in Bingham Township were aware of growth pressures, however, the Advisory Council did not feel the Sub- division Qrdinance would relieve that pressure. Jean Anderson spoke for implementation at this time. She stated she felt it would not hurt anyone to extend the Regulations now when they are going to be extended at some later date, whereas it might do greater harm to delay. Commissioner Willhoit reminded the Planning Board that they and the Bingham Advisory Council had gone on record as favoring the concept of the Subdivision Ordinance. He stated the approval of the concept of the Ordinance and the amendments should be separated. That he did not feel any real problems would result from the amendments. Commissioner Willhoit then moved to extend the Subdivision Ordinance Countywide; to be effective March 13, 1978. This motion was seconded by Commissioner Gustaveson. The Chairman then opened the meeting for public input. Those persons speaking against the motion on the floor were Ben Lloyd, Bobby Nichols, John Williams, Dr. David Lang, Lucy Liggins, Bob Greer, James Snipes, Mayor Fred Cates, Edmund Stroud and other unidentified persons. During this discussion, Commissioner Gustaveson reviewed the many meetings which had been conducted for the purpose of reviewing the Ordinance. He stated that since June, 1977, thirty-five Advisory Council meetings have been held in the County. The County Commissioners, in their meetings have debated the issue far over a year and will continue to be open for input from citizens as the Ordinance is implemented. He added that in the long run, citizens of the County will recognize the benefit of the Ordinance. Chairman Whitted reviewed the motion of Commissioner [dillhoit. Commissioner Walker stated he would not vote for the motion, and asked Mr. Willhoit to withdraw the motion in order that the Advisory Councils can finish their work. Commissioner Willhoit declined to withdraw the motion and stated the Planning Board had accepted the Ordinance in concept, that he felt it was time to proceed with other important matters. The Chairman called for a vote on the motion. Voting aye were Commissioners Gustaveson, Pinney, Whitted and Willhoit. Voting nay was Commissioner Walker. The motion was declared passed. After a brief recess, the Chairman referred to stem II on the agenda: Discussion regarding extraterritorial jurisdiction request by the Town of Chapel Hill. Chairman Whitted informed the two Boards the last action from the County to the Tawn of Chapel Hi11 was following a meeting of the Commis- sioners and the Planning Board. A set of questions were directed to the Mayor of Chapel Hill and the Planning Board along with a request for answers in order that the County could further consider Chapel Hi11's request for extra-territorial jurisdiction. Mr. Whitted stated a reply to the questions asked the Town had been received. The two Boards need now to develop a mechanism for submitting additional questions, if there are any, to Chapel Hill and to set up a timetable in which to deal with the extraterritorial request. Dr. Sonar informed the Boards that a deled`ation from the Chapel Hill Planning Board would met with the County Planning Board at their next scheduled meeting. This will be a time of exchanging views and a chance to get additional information regarding the questions which have been asked. Also, Dr. Bonar stated, he hoped at this meeting to discuss a bettez method of correlating the work of the two Boards and the two Planning staffs. Ms. Riddle stated she felt this was a vital need o£ the two Boards. She referred to the projects mentioned in Mayor Wallace's letter and which the Planning Board and Commissioners have approved. She stated these projects would increase the density substantially and that the County Zoning Ordinance does not allow the County any way to set density in these areas in which there is a lnad use plan. The land use plan does not conform to the Ordinance. She stated the Planning Board needed to develop the Ordinance in concert with the land use plan. Ms. Riddle stated that Chapel Hill should be concerned about the density in these areas, how- ever, she was not sure extending the jurisdiction area was the answer. Mr. Dobelstein suggested that the two Boards discuss procedural issues at the March 20th meeting before dealing with the substance of the request of Chapel Hi11. Dr. Boaar referred to the action of the Town of Chapel Hi11 concerning their application to the State for the landfill area in the New Hope Commu- nity. He stated this had left a very bad impression on the people of the community. He stated the needed same evidence of the need for the extra jurisdiction of, in some cases, over three miles, that he personally needed additional information in order to deal with the request. Commissioner Willhoit stated he would like the Boards to consider the extraterritorial request not in terms of arbitrary radii from the Chapel Hill Board, but in terms of the land classification of transision lines in this area. He suggested that lines be based on criteria of areas which will be serviced by water, sewer, and other services. Commissioner Pinney stated a key issue of his'was whether or not Chapel Hill planned to bring trailors in their plan as non-conforming or whether trailors will be zoned as such. The Planning Board indicated they had not digested Maycr Wallace's letter throughly and would be in a better position to talk about the jurisdiction request after the March 20th meeting with representatives of the Chapel Hill Planning Board and staff. Ttem TTI: A vacancy on the Area Mental Health Board has existed for sometime and last appeared on the Commissioners' agenda on November 7, 1977. Commissioner Pinney has requested this item be added to the agenda. Commissioner Pinney nominated Frances Bridgera as a member of the Area Mental Health Board. Commissioner Willhoit seconded the motion and all members of the Board voted aye. The motion was declared passed. An item added to the agenda was a Proclamation declaring March 5th through 10th as Orange County Sheltered Workshop Week. Upon motion of Commissioner Walker, seconded by Commissioner Gustaveson, it was moved and adopted to approve .the proclamation. (For copy of proclamation, see next page). The Gounty Attorney reported that from his research, he had determined that a general Ordinance making power would provide the legal vehicle to execute a Disclosure Ordinance declaring that the Health Department must approve all underground absorption systems before they are used. This would apply to all land sold and where construction occurs not now covered by the Subdivision Regulations. Commissioner Willhoit moved to authorize the County Attorney to invest- igate options in which direction the County can proceed. Discussion ensued. The Board requested the County Attorney to prepare a memorandum of options regarding disclosure of underground absorption systems for their consideration. Commissioner Willhoit's motion died for lack of a second. The meeting was then adjourned. RicTiard Whitted, Chaixman Agatha Johnson, Clerk -:..,_ . ....:. ..._._....... _a - - - - ----- -- ------ ---------- ORANGE COUNTY BOARD OF COMMI55IONERS PROCLAMATION WHEREAS, The Orange County Work Activity Center, now known as Orange County Industries, opened its doors March 4, 1974 as a workshop providing rehabilitative services and sheltered employment fox the handicapped of Orange County; and WHEREAS, The workshop now offers 32 handicapped citizens ranging in age from 18 to 73 the opportunity to earn a salary, to study adult education, to .improve social skills and to enjoy recreational programs; and WHEREAS, The Families and Friends of Orange County Industries have chosen Sunday, March 5 to invite the public to an Open House at the workshop at 120 N. Hassel 5t. in Hillsborough from 2 tp 5 p.m. and have also invited citizens to visit the workshop during regular working hours from 9 a. m. until 4 p.m. March 6-10; and WHEREAS, The Orange County Board of Commissioners wish to join the Families and Friends of Orange County Industries in encouraging the public to to visit the workshop and familiarize themselves with its purpose and programs, we, the Orange county Commissioners, do hereby proclaim March 5-10 as Orange County Sheltered Workshop Week. DULY ADOPTED this the 27 day of February, 1978 by the ORANGE COUNTY BOARD OF COPIMLSSIONERS. COTJNTY OF ORANGE STATE OF NORTH CAROLINA I, AGATHA JOHNSON, Clerk to the Orange County Board of Commis- sioners, da hereby CERTIFY that the foregoing is a true and accurate copy of a portion of tYte minutes of the Orange County Board of Commis- sioners' meeeting held an Monday, February 27, 1978. WITNESS MY HAND AND SEP.L• OF Office this the 2nd day of March 1978. ~~~ Agath, Johnson,-.iClerk to the Orange County Board of Corunissioners