HomeMy WebLinkAboutMinutes - 19781127738
MINUTES
ORANGE COUNTY BOARD OF CDMP~ISSIONER5
NOVEP16ER 27, 1978
The Board of County Commissioners and the Orange County Planning board conducted ..
a public hearing on Monday, November 27, 1978 at 7:30 p.m., in the Superior Court
Room of the Courthouse, Hillsborough, North Carolina.
Commissioners present: Mr. Richard l~lhitted, Chairman; Mr, Donald lJillhoit,
Mr. Norman Walker and Mr. Norman Gustaveson. Ms. Anne Barnes, Commissioner Elect,
attended the public hearing. Commissioner Jan Pinney was absent.
Planning Board members present: Dr. Robert Bonar, Chairman; Dr. Logan Ervin,
Mr. Art Cleary, Mr. Lindsay Ef1and, Ms. Jean Anderson, Mr. Robert freer, Mr. John
Scarlett and Mr. Andrew Dobelstein.and Ms. Hazel Lunsi`ord.
Mr. Richard Whitted called the meeting to order. He asked for discussion
of the amendments to the Orange County Subdivision Regulations. He said the
amendments had been to public hearing, had been recommended by the Planning Board
and were awaiting final action by the Board of County Commissioners.
Commissioner Gustaveson asked whether the amendments would add better planning
and administrative procedures or better legal clarification to the present regulations.
Dr. Bonar said some of the changes slightly modified technical procedures and
others primarily clarified points in the present subdivision regulations.
For copy of subdivision amendments, see page 790 of this book.
Dr. Bonar said section III-A-2 clarifies the nature of the planning staff review -.
of proposed subdivision before consideration by the Planning Board. It also spells
out the question of exemptions in rare cases. He said section III-A-4 clarifies
the question of appeal. Section III-C-1 gives the right to appeal to the Commissioners
decisions of the Planning Board on minor subdivisions.
The Planning Director told the Boards that section III-A-2 places the responsibility
of determining exemptions upon the planning staff and the planning staff currently
makes this decision under the present ordinance without difficulty. He felt this
section shifted the purpose of subdivision from the subdivider to the planning staff.
The County Attorney said sections III-A-2 and III-A-3 incorporate two different
ideas. One is the decision making process in determining whether a subdivision is
exempt under the statutes and the other is a special exemption idea in a proposed
subdivision when no sale is intended immediately. He suggested keeping a permanent
record which would show which subdivisions were exempt and why. .
The Planning Director said a key problem is determining who will use the land
and when they will use the land. He said currently, ~vhen a subdivision act occurs,
the planning staff assumes land will be developed and'will fall under subdivision
regulations. He felt sections III-A-2, III-A-3 and III-A-4 were unnecessary.
Commissioner Whitted called for the public hearing to convene and turned the
meeting over to Dr. Bonar, Chairman of the Planning Board. .
Agenda Item 2: Public Hearin to Consider Rezonin 1.15 Acres
of Land Dwned by Raymond Williams from Residential
to general Commercial
The Planning Director told the audience Mr. Raymond's property was located on
Highway 86, south of Blackwood Station, contains a metal structure on the southern
end, has septic tank, individual well and pole electricity. He said all property
789
owners within 600 feet of the parcel have been notified. He said average traffic
on Highway.86 as of,1977 was approximately 4,900 cars per day. He said surrounding
land contains two mobile home parks, a restaurant, cemetary and chemical plant and
there are no flood plain or other naturally environmentally sensitive areas involved.
Mr. P, H, Graig spoke in favor of Mr. Williams' request. Mr. Craig explained
he was a real estate agent trying to sell the property for Mr. Williams. He said he
was having difficulty getting a contract to sell because of the zoning. He reouested
the zoning be changed to general commercial. He said Mr. Williams currently races
cars and runs a hobby shop where he rebuilds race cars.
- No one else spoke in favor of the request.
No one spoke in opposition to the request.
Commissioner Whitted as~Ced if the property would be sold if it were rezoned.
Mr. Craig said one geht1eman signed a contract but backed out after consulting
with the County Attorney,
Commissioner Whitted asked the use and traffic of the property if it were rezoned.
Mr. Craig said Mr. Williams requested general commercial zoning to allow him
to be a Hirsh representative.
Upon conclusion of the public hearing, Dr. Bonar turned the meeting over to
Commissioner Whitted.
Agenda Item 3: Discussion of Amendments to County Subdivision
Ordinance
Commissioner Whitted said the Commissioners needed to set a date for possible
action on these amendments.
Dr. Bonar urged the Commissioners to adopt the amendments which were satisfactory
as soon as possible and, if there were some amendments that required further con-
sideration, hold only those back rather than delay the whole group.
Commissioner Gustaveson asked if some amendments were urgently needed to improve
the function of the ordinance.
Dr. Bonar said the ordinance was functioninn well as it stands and most
amendments addressed situations which were relatively uncommon.
Mr. Dobelstein requested the Commissioners adopt all amendments that were
satisfactory as-soon as possible. He felt the amendments were a piece of unfinished
business that continued to hand over the Planning Board's head.
Commissioner Whitted suggested putting this item on the agenda for the third
Tuesday in January For discussion and to act on the ones we want to adopt and defer
action on others for further consideration. He wanted to publicize this meeting so
interested persons could attend.
Commissioner Gustaveson said he would like to discuss the January agenda at
the December 4th meeting.
Mr. Robert Greer said one purpose of the amendments was to clarify subdivision
regulations and the other was to change to a degree the intent of the subdivision
regulations. He felt the Corrntissioners should know the ones which clarify and
the ones which change the intent.
Dr. Bonar said the only amendment which makes a significant change is
section III-A.
There being no further business to come before the Board, the meetin was
adjourned.
v
i
'l ~ -
Richard !dhi'tted, Cha7rman
Mary Lou Bouley, Clerk
790
The follo;~ing charges to the Orange County Subdivision HcgulaFions were
considered at the Play 30 Public Hearing and have been recommended by the
Prange County Planning Board for adoption.
oa~e 1 Puraose; Authority, Jurisdiction
1. Section I-D (Proposed new section): Private Property Ri7Ft_s_
This Ordinance, all material included herein by reference and all u~ateria7.
used for the adm9.ristration of xhis Ordinance, do not take
any prapz:ty, property right nor property use nor coavart_ any of these to
public use except by due process of law. Just compensation, including com--
pensatoxy damages, may be requested for all involuntary conversions of
private praperry, property right•or property use. .
papa 2 Definitions
1_ Amend the defir_itioa of easesent to read as follows: A grant of rigb.ts .
by the property owner to a portion of land for a specified purpose.
- 2. kiove the definition of minor subdivision from page 5 to the definition
section.
pwga 4 Procedure for Plat Approval•
Section -
TII - A - 1. Subsequent to the e.Ezective date of this ordinance, no land
• within Orange County shall be subdivided, or zesubdivided and
offered for sale, gift, exchange oz in nay other way conveyed -
until a plat thereof has bean approved as herein provided.
I3o plat shall be recorded by the Orange County Register of
Deeds until this approve]. is entered in writing on the Eace
of the plat as herein provided_
III -- A -- 2. A11 proposed subdivisions shall. Tie reviewed by the Orange
County Planning Staff for initial determination as to whether
the proposed subdivision is exempt from the requirements of
-this ordinance. In ma'Ning this detertunation, the Planning
Staff shall. review the proposal, considering, among others,
the follossirg faCCOrS: -
a, ExisCing lead use in the area.
b. The number and pattern of Lots to be created.
c. Current use of the tract to be subdivided_
d. Topography of the tract to be subdivided.
e. Soil types and applicability to stated pt~__~ose for
subdivision.
f. Tmprovem_nts anticipated_ -
g. Affidavit of subdivider as to the proposed use of the _
• tract to be subdivided and the nature and reason for
division. (I'or esample,.probate, division among heirs,
partition among co-tenants, continuing <lgzicultural use,
sale, gift, lease, etc.).
791
i•Ih-are a street is to b2 created and platted as part of the
•~ subdivision in question, the subdivision shalt not b2 ese:apt __
from the provisions of this ordinance regardless of any uthe,;
factors. A division of a tract of Iaad for the purpose of
sale r..ay be exempt fran the requirements of this vrdin.nce
provided the Planning Staff concludes from fire facts presented
that the pEOposed division is not for thz purpose, whether
immediate or future, of building davelop3ent. Any exeQpti.on
as set forth herein shall not exempt the person subdividir;
from the provisions of Section IX of this ordinance, e111
• transfers or sal°s, exempt or not, of an interest in, any
property within a subdivided tract shall be madQ by express
reference, book and pave, to the recorded plat.thereaf.
' III -- A - 3. If the Plann~.ng Staff shall detez~.iule thz_t the subdivision ,
i~s exempt from the provisions of this ordinance, the final
plat shall be endorsed to that effect and may be recorded
with tae P.egister of Deeds. If the plat is exempted frog
the provisions of this ordinance because the developer has
no irt7.ediate or future intention to develop the tract, the
exemption noted on the plat shall bear the following additional
statement:
This plat recorded without subdivision approval. Su3divi-
sion approval shall be necessary be;.ore any devewopmant is
authorized_ loo representation concerning compliance with
- Orange County subdivision standards and regulatl.ons is
made or implied by the fact that this plat is retarded.
The Orange County Building Inspector shall be notified of all
such exempted plats. It shall be the duty of the Orange
County Building Inspector to insure that np building peruits
are issued for subdivided property so exer.^.pted. In order to
develop property so exempted, subdivision approval must be
obtained pursuant to this ordinance.
. The Planning Staff sha11 make findings of fact in accordance
with the criteria set out above in all. cases where an exemo--
tion is requested and shall notify the subdivider and the
Planning Board in writing of its decision and the reasons
therefor_
III - A - 4. The subdivider may appeal the denial of a requested exemption
to the Orange County Planning Boara_ This appeal must be made
within 30 days of notification of the Planning Staff's decision
and must be made to the Planning Board in wrttin;. The Planning
Board shall calendar all suth appeals far hearing giving written
notice to the subdivider and the Planning Staff at least ten
days prior to the hearing. The Planning Board`s decision on.
the requested exec~ption shall be the final administrative
decision. The Planning Eoard in all such appeals shall make
findings of fact in support of its decision, The proposed
subdivider shall be notified in writing of the Planning Eoard's
decision within 10 days after the said decision is made.
792
The Orange County Plannin%} Staff shall provide the 4rx~ge
'. County board of Co~;nissioners with a quarterly report listing --
all subdivisions exenpted fron the provisions of ttte Ocanoe
County Subdivision Yegulations. -
page ~ Procedure for Review and Aonroval of i•linor Subdivisions
1. Section IIZ-C--1: Add: The decision of the Plaaniizg Board raay be ap-
pealed Gv the County Ca~aissi.orers.
?. Section III-C-2: amend to 'read as follows: No pore than four (k) new
lots may be created out of a track of land by the minor subdivision process
within a o:!e year period. Add: Any tract of land which changes ownership
ray be resubdivided by the minor subdivision process.
3. Section II?-C-3--a (proposed new subsection): When access to a minor
su3divisio~ is propcsad via apre-existing, platted, private road, and
where the private road provides access to lots in addition to the ].ot(s}
created by the proposed minor subdivision, the Planning Board may grant a
variance, pursuant. to subsecCions VII-A to -D-of this ordinance, from the
right-of--caay ar_d maintenance requirerients of subsection IV-B 3-e of this
ordinance. All other variar!ces shall be .gzanted ixt accordance witl-t .Secti.on
VII of this ordinance.
gaffe S Preliminary Plan A nroval
1. Section III-D-4-a: Add: 6. Each township's advisory cou'fcil shall be
inforied by the Llannina Board of preliziinary plans of progosed subdivisions
within that township. -
2. Section IYx-D--4-b: Arend to read as fellows: The subdivider ma be
required to demonstrate ho:+ potential problems have been avoided oz the impacts
of development mini..rsized by the use of mechanical devices, arraageetent of
].ot lines, bu££er strips, large lots, or any other appropriate techniques.
Delete:
page 9 3. Section III--b-4-•d:/ The Board shall direct addiCional review and action
pursuan4 to this section or preparation a£ the Final Plat ~~hichever is
appropriate_
Replace with: In the event that the County Cor,~.issioners shall reject a
recoruaendation of the Planning Board, the proposal shall be re[umed to the
Planning Board which will review and reconsider it aloha with the County
Cor~.missioners' stated reasons £or denial. The appropriate advisory council
will be notified of the decision also. After the review, the proposal, along
caith new recoam<endations, will be returned to the Cor,,-~issiozers for reconsi-
deration.
pate 4 Final Plat
1. Section III--F.-1: Add: The Planning Baard~s decision•may be appaa],ed
by the subdivider to the County Cor~issioners.
pave 13 Land Suitabilit
1. Section IV-B-2 (paragraph 1): Delete the follow.Ln~, too sentences: Each
793
lot of a subdivision shall contain at least onr~ site which is ~~~it~eble for _
developn:znt. Lists that are of restricted develope~ent potential shall be
designated as such on the plat•and by instru«.ent.recorded in the Orange
County registry as snacifically prescribed by Section III-E-~-e of thi:
ordinance.: replace with: Each lot that does rot contain a suitable building
site shall be designated ~n the plat as being of restricted development
potential and by instruzent recorded in the Orange County registry as
specifically prescribed by Section XxT--E--5-e of this ordinance.
page 14 2. Section xV-B-2 (paragrapY: 3): Amend to read as followsz ate proposal
shall be evaluated by the_Plannang Soard for potential impairment of habitat
of tare and endangered species or unique natural areas _as listed by the
North Carolina Natural,fleratage Program ox 1~orCh Carolina PYatural Areas
Advisory Committee. -
page 17 Lot Lavou~
1. Section IV-B-S-b: An=_nd to read as follows: A building perriit may not
be issued until the access road has been built as specified for this sub-
davisiozi, or appropriate assurance provided as specified by Section ~' of
thi's ordinance. '
Reservation. of Space for IItilitaes
1. 5eetion IV-B-6-b: delete entire section
2. Section IV-B-6-a: See last page of revisions.
,'page 18 _ Buffer S trip - ••
1. Section IV-B-8: Aner_d to read as follows: A buffer strip r..ay be
required in a subdivision adjacent to railroads, limited access highways,
ca~mercial development, industrial development, critical areas of natural
environment, and agricultural areas where the Planning Board shall find an
incompatibility between the existing use and the proposed use. (Continued
as written)
page 19_ Stgrtn Water Mena etaeut
1. Section V-B-I: B. Amend to read as follows: Protect the characteristics
and capacaCy of natural drainage ways, and encourage reliance on natural
drainage ways for the removal of runozf by praventi.ng their impoundment,
except where there may be a sate for intentional storac water detention.
page 20 [daste Water Disposal
1. Section V-C--2: Delete section.
page 21 Removal of Final Plat Restrictions
1. Section VI (new section): Tne Planning Department shall maintain a
retard of all easements, set backs, gays, buffer strips and other foams of
property restrictions imposed under this ordinance together with the detailed
justification for each such restriction. At any ti~ae subsequent to subdivi-
sion approval, the property owner or his representative i^~1y present information
to the Plann~in¢ Department to establish that the restriction(s) are no longer
applicable due to changed conditians_ The Planning Department shall rake a
794
final decision as to rodizication ar elimination of such restriction(s)
~.•ithin 30 days. T.ne prapzrty o-caner ar his representative nay appeal deci- '~
signs of the Planninb pepartment to the Planning Beard :•:hich sh:1i i.ssu2
a decision within an additional 30 days.
cage 32 Variances
I. SecCioa VZI: Give final approsral of variances to the 1'lanaing Board
with the right to appeal tp the County Co~nissior_ers.
r=•
Other
1. Feplace the word 'developer' with the word 'subdivider' throu4hout the
ordinance. -
psge 17 Feserv~.~on of Specs Lor Utilitizs
2, Section IV-B-6-a; Viand to read as follows: trays
May be required .along said Ipt lines-or
across lots far•the extension of existing or plannzd utilities such as poles,.
wires, conduits, store pr sanitary savers and water or gas 7-fines.
s