HomeMy WebLinkAboutMinutes - 19790117`u'
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
JANUARY 17, 1979
The Board of County Commissioners met in special session on Wednesday,
January 17, 1979, at 6:00 p.m., in the Commissioners'Room of the Courthouse„
in Hillsborough, North Carolina. l[[[
Members present: Commissioners Richard Whitted, Norman Walker,
y
Norman Gustaveson, bon Wi1lhoit and Anne Barnes. - -~
_.. _.-_-_•-- ---.__._-----Agenda Item 4:_~_-~.-..~...-- Amendments to_Orange_ Count~Subdivisian ----..---_
Ordinance
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Commissioner Gustaveson moved the proposed Section I-p,"Purpose, ~_-
Authority, Jurisdiction; on page 1, be disapproved. Motion died for
lack of a second. - .
Commissioner Wi1lhoit moved, seconded by Commissioner 4lalker, to adopt
the Planning Board's recommendation, as amended by the Planning Staff,. on
page 1, to include a new section which reads as follows:
Private Property Rights: This Ordinance, all material included herein
by reference and ail material used for the administrat'
ion of this Ordinance,
do not take any property, property right nor property use nor convert any of
these to public use except by due process of law. Vote: ayes, 5; noes, 0.
Commissioner Willhoit moved, seconded by Gommissioner Walker; to adapt
the Planning Board's recorrunendation to amend page 2, Section II, "Definitions",
as follows:
1) Amend the definition of easement to read: A grant of rights by
the property owner .to a portion of land for a specified purpose.
2) Add the definition of Minor Subdivision to pale 2, Section II,
"pefinitions".
- Commissioner Gustaveson moved, seconded by Commissioner Barnes, to
adopt the Planning Board's recommendation, as amended by the Planning Staff,
- on page 4, "procedure for Plat Approval", as follows: ~...
Section III-A-1. Subsequent to the effective date of this ordinance, no
land within Drange County shall be subdivided, or resubdivided and offered
for sale, gift, exchange or in any other way conveyed until a plat thereof has
been approved as herein provided. No plat shall be recorded by the Orange
County Register of Deeds until this approval is entered in writing on the
face of the plat as herein provided.
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Section III-A-2. All proposed subdivisions shall be 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 making this determination, the Planning Staff shall revie-a the proposal,
considering, among others, the following factors: a. Existing land use in
the area, b. The number and pattern of lots to be created. c. Current
a use of the tract to be subdivided, d. Topography of the tract to be sub-
F divided. e. 5oi1'types and applicability to stated purpose for subdivision.
' f. Improvements anticipated. bdivider why i
g. Affidavit of.su s requesting an
exem tion as to the ro osed us
P P P e of__the tract to-be:subdivided and the nature
and reason far division. (For example, probate, division among heirs,.par-
tition among co-tenants, continuing agricultural use, Sale, gift, lease, etc.),
Where a street is to be created and platted as part of the subdivision
in question, the subdivision shall not be exempt from the provisions of this
ordinance regardless of any other factors. All transfers or sales, exempt
or not, of an interest in any property within a subdivided tract shall be
made by express reference, book and page, to the recorded plat thereof.
Section III-A-3. If the Planning Staff shall determine that the sub-
division is exempt from the provisions of this ordinance, the final plat
shall be endorsed to that effect and may be recorded with the Register of
Deeds.
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 no building permits are issued for subdivided property sa
exempted. In order to develop property so exempted, subdivision approval
must be obtained pursuant to this ordinance.
Vote: ayes, 5; noes, 0.
Commissioner !Jillhoit moved, seconded by Commissioner Gustaveson
to change the Planning Board's recommendation, as amended by the Planning
Staff, on page 4, "Procedure for Plat Approval", Section III-A-4, to
read as follows:
The subdivider may appeal the denial of a requested exemption to the
Orange County Board of Commissioners. This appeal must be made within
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30 days of notification of the Planning Staff's decision and must be
made to the Board of Commissioners in writing. The Board of Commissioners
shall calendar all such appeals for hearing giving written notice to the
subdivider and the Planning Staff at least ten days prior to hearing. The
Board of Commissioners shall make findings of fact in support of its decision:
The proposed subdivider shall be notified in writing of the Board of
Commissioner's decision within ten days after the said decision is made.
Vote: ayes, 5; noes, 0. - ---
__.-_-__ ._: Commissioner_~J.i.-l.lho.it_moved,.-seconded b- Commissioner_austaveson~to ~-
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'adopt the Planning Board's-recommendation and•addition to page--5,-- ~~°- - - -
"Procedure for Review and Approval of Minor Subdivisions", as follows:
to Section III-C-1, add: The decision of the Planning Board may be
appealed by either the subdivider or the Planning Staff to the County
Commissioners. Vote: ayes, 5; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to
disapprove the Planning Board's recommendation to amend page 5, "Procedure
for Review and Approval of Minor Subdivisions, Section ITI-C-2. Vote:
ayes, 5; noes, 0. --
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to
adopt the Planning Board's recommendation, as amended by the Planning Staff,
to add to page 5, "Procedure for Review and Approval of Minor Subdivisions",
a proposed new subsection, Section TII-C-3-a, which reads:
l4hen access to a minor subdivision is proposed via a pre-existing, platted,.
private road, and where the private road provides access to lots in addition
to the lot.(s) created by the proposed minor subdivision, the Planning Board
may recommend a variance, pursuant to subsections VII-A to -p of this
ordinance, from the right-of-way and maintenance requirements of subsection
IV-B-3-e of this ordinance. All variances shall be granted in accordance
with Section VTI of this ordinance. Vote: ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, -.
the proposed amendment recommended by the Planning Board on page 8,
"Preliminary Plan Approval", Section ITT-Q-4-a, No. 6, be denied.
Vote: ayes, Corrrnissioners Gustaveson, Willhoit, Barnes, and Whitted; noes,
Corrmissioner Walker.
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Commissioner ~dillhoit moved, seconded by Commissioner Fustavesan,
to adopt the Planninn Board's recommendation to amend the second
sentence under Section III-d-4-B, page 8, "Preliminary Plan Approval",
as follows:
The subdivider may be required to demonstrate how potential problems
have been avoided or the impacts of development minimized by the use of
mechanical devices, arrangement of lot lines, buffer strips, large fats,
or any other appropriate techniques. Vote: ayes, 5; noes, 0. `
Commissioner Wi l7 h_o-tit. moved., , seconded.,.by, C9mmiss Toner. Barnes.,- to. _ '
adopt the Planning Board's-recommendatib~i to delete the lash:sentence"'
in Section III-Q-4-d, on page 8, "Preliminary Plan Approval". Vote:
ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to
disapprove the Planning Board's recommendation to replace Section ITI-b-4-d,
on page 8, "Preliminary Plan Approval". Vate: ayes, 5; noes, 0.
Commissioner tlillhoit moved, seconded by Commissionerrustaveson, to
adopt the Planning Board's recommendation tv add the following sentence
to Section III-E-1, page 9, "Final Plat":
The Planning Board's decision may be appealed by the subdivider to the
County Commissioners. Vote: ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded by Commissioner Barnes, to
adopt the Planning Board's recommendation to delete the last two sentences
in Section IV-B-?, on page 13, "Land Suitability", and replace those two
sentences as follows:
Each lot that does not contain a suitable building site shall be designated
on the plat as being of restricted development potential and by instrument
recorded in the Orange County registry as specifically prescribed by
Section III-E-5-e of this ordinance. Vote: ayes, 5; noes, 0.
Commissioner Barnes moved, seconded by Commissioner !dalker, to
adopt the Planning Board's recommendation to amend page 14, Section
IV-3-2, (paragraph 3), as follows:
The proposal shall be evaluated by the Planning Board for potential
impairment of the habitat of rare and endangered species or unique'
natural areas as listed by the North Carolina Natural Heritage Program
or North Carolina Natural Areas Advisory Committee. Vote ayes, 5; noes, 0.
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Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to
deny the Planning Board's recommended amendment to page 17, "Lot Layout,
~ Section TV-8-5-b. Vote: ayes, 5; noes, 0.
Commissioner '~fillhoit moved, seconded by Commissioner Barnes, to _ ..
approve the Planning Board's recommendation, as amended by the Planning
Staff, on page 17, "Reservation of Space for Utilities", Section IV-B-6-a
so that the last sentence reads as follows:
Utility easements, setbacks or otfier ways may be required along
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said_•__ot_13nes or across ~ots~for the extension of existing orplariried~~~-~~_'T___
utilities such as poles,-wj•res, conduits, storm or sani"tapy sewers ar-d ~ "-`-'- '
water or gas lines. Vote; ayes, 5; noes, 0.
Commissioner Gustaveson moved, seconded 6y Commissioner ['talker, to
adopt the Planning Board's recommendation to delete Section IV-B-6-b,
on page 17, "Reservation of Space for Utilities". Vote: ayes, 5; noes, 0.
Commiss inner !di.llhoit moved, seconded by Commissioner Gustaveson, to
adopt the Planning Board's recommendation to amend the first sentence of
Section IV-B-8, "Buffer Strip", to read as follows;
q buffer strip may be required in a subdivision adjacent to
railroads, limited access highways, commercial development, industrial
development, critical areas of natural environment and agricultural
areas where the Planning Board shall find an incomoatibility between the
existing use and the proposed use. Vote: ayes, 5; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Gustaveson, to
adapt the Planni.•ng Board's recommendation to amend page 19, "Storm
;Dater Management", Section V-B-1:6, to read as follows:
protect the ef~aracterT$tics and capacity of natural drainage ways, and .
encourage reliance on natural drainage for th@ removal of runoff by preventing
their impoundment, except where there may be a site for intentional storm
water detention. Vote: ayes, 5; noes, 0.
Commissioner Barnes moved, seconded by Commissioner Gustaveson, to
adapt the Planning Board's recommendation to delete Section V-C-2,
"!taste !dater Disposal", on page 20. Vote: ayes, 5; noes, 0.
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Commissioner Gustaveson moved, seconded by Commissioner Willhoit,
to disapprove the Planning Board's recommendation to add a proposed new section
on page 21, "Removal of Final Plat Restrictions", Section VT. Vote:
ayes, 5; noes, 0.
Commissioner Willhoit moved, seconded by Commissioner Barnes, to
disapprove the Planning Board's recommendation to amend page 22,
"Variances", Section~VII. Vote: ayes, Commissioner Gustaveson, Whitted,
Idil1hoit, and Barnes; noes; Commissioner Walker. T _ .
Commissioner Willhoit moved, sec'ond'ed by'Gommiss'ianeh Barnes; to -••-.
adopt the Planning Board's recommendation to replace the word ~"developer"
with the word "subdivider" throughout the ordinance. Vote: ayes, 5; noes, 0.
Commissioner Willhoit requested the Planning Director review
the changes in the subdivision ordinance with the Planning Board. Me
also requested the Planning Director look into the question raised about
definition of the word "tract" and the question raised about the reference
to "thoroughfare plan".
Commissioner Barnes requested the dates on the subdivision regulations
be clarified.
Dr. Lang, Chairman of the Eno Advisory Council, felt the Planning
Director should have reviewed his recommendations for alterations to
the subdivision regulations with the Planning Board and Advisory Councils
before submiti;ing them to the Commissioners.
Commissioner Gustaveson requested the subdivision ordinance be
typed in a more attractive form with a section designated to explain
the steps required .in the subdivision process.
Agenda Item 5: Grady Brown
Commissioner Gustaveson moved, seconded py Commissioner Barnes, to
accept the low bid on the Grady Brown Renovation Project. Vote: ayes, 5;
noes, 0.
Commissioner Barnes said a certificate of appropriateness would
have to be obtained from the Hillsborough Historical Commission.
Commissioner Gustaveson said he would like to invite both school
systems to a meeting in early February to discuss their long-range capital
outlay needs. He requested a letter be sent to both boards notifying them
the Commissioners would be contacting them shortly about a joint meeting
so that the schools could update their long-range ca pita1 outlay needs.
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Commissioner Gustaveson requested the County Manager discuss the staff's
long-range capital outlay needs at the February 5th meeting. He also requested
the Finance Director present the long-range budget document for the capital
outlay plan at the Feburary 5th meeting.
Mr. Everett Kennedy offered some office space he had for the county
to rent at $2.00 a square foot.
Agenda Item 6: Develo mental Disabilities Proaosal
.Commissioner Willhoit moved, seconded. by Gommissioner r.,ustaveson,`to -`'
- - - -- enter i nto~-an agreement-. w~i th the• Devel opmentaT • Di sabi l-i ti es Council- for .= .._.
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-` technical assist ~ -
ante- in tom i'lin aneeds'-assessment for Orange; Coin " ..~
Vote: ayes, 5; noes, b.
Agenda Item 7: Announcements
Commissioner Barnes announced the Council on Aging would hold the
January 31st scheduled hearing at Culbreth Junior High School.
Commissioner !Jhitted said the Board would consider the Planning
Department's recommendation on a proposed water line extension into
Eno Township from the city of Durham at the February 5th meeting.
Agenda Item 8: Executive Session
Commissioner Gustaveson moved, seconded by Commissioner :Jillhoit, to
go into executive session to discuss litigation matters and the announcement
of the Tax Commissioner's findings on certain exempt properties.
The Chairman called the meeting back to order in regular session
to announce to the public the County Attorney had received the ruling
of the North Carolina Board of Tax Commission for Orange County vs.
University of North Carolina.
There being no further business to come before the Board,
Commissioner !dillhoit moved, seconded by Commissioner Gustaveson, to
adjourn. Vote: ayes, 5; noes, 0.
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Richard E. Whited; Chairman
Mary Lou Bouley, Clerk