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HomeMy WebLinkAboutMinutes - 19801209 5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS DECEMBER 9, 1980 The Orange County Board of Commissioners met in special session on Tuesday, December 9, 1980, at 7:30 P.M. in the Commissioner's Room, Orange County Courthouse, in Hillsborough, North Carolina. The purpose of the meeting was a work session with the Planning Staff on the Proposed Zoning Ordinance and Land Use Plan. Commissioners present: Commissioner Anne Barnes, Chair, and Commissioners Norman Gustaveson, Norman Walker, Richard Whitted and Don Wilihoit. Planning staff present: Jim Polatty and Rick Cannity. Chair Barnes called the meeting to order and reviewed the background work on the Proposed Zoning Ordinance and Land Use Plan. Chair Barnes stated the Planning Staff and Planning Board had held work sessions and public hearing. She outlined the proceedings for this session. Mr. Jim Polatty made the Planning Staff presentation regarding the relationship between the Proposed Zoning Ordinance and the Land Use Plan and outlined the steps which would need to be followed if this Zoning Ordinance is adopted (see page of this book for a copy of the "Pro- posed Application of Orange County Zoning Ordinance). In response to a query from Commissioner Walker, Mr. Polatty stated that the Planning Staff had considered pre-existing uses and identified land use nodes in Townships (specifying Chapel Hill and Eno Townships) and these were already zoned; the Planning Staff had made no major changes. Commissioner Walker voiced concern that the Land Use Plan identified areas that should really be zoned differently, Mr. Polatty responded that all the Staff had done was identity existing trends in those areas. Mr. Polatty and Mr. Cannity then proceeded to consider the Proposed Zoning Ordinance by Article and explain the changes which the Staff rec- ommended as the result of the public hearing on November 24, 1980. (For a copy of the Memorandum detailing those suggested changes, see page -14-5 of this book.) Article 1 The Board expressed some concern over the deletion of the word "morals" from the Proposed Zoning Ordinance. The County Attorney expressed his opinion that the Board would neither weaken nor strenghten its police power by the exclusion or inclusion of that word. Commissioner Walker voiced concern over the lack of support for the Proposed Zoning Ordinance from Cheeks Township. Chair Barnes asked Mr. Polatty what the Cheeks Township Advisory Council thought about the Pro- posed Zoning Ordinance. Mr. Polatty said that the Proposed Zoning Ord- inance reflected very closely the desire of the Cheeks Township Advisory Council. Chair Barnes noted the presence of a representative to the Cheeks Township Advisory Council, Mr. David Shanklin, and requested his evaluation of the situation. Mr. Shanklin replied that the Proposed Zoning Ordinance did indeed reflect the feelings of the Cheeks Township Advisory Council. He thought the public needed to be accurately informed of what the Zoning Ord- contained and then they would concur with the Cheeks Township Advisory Council. In response to a question from Chair Barnes, Mr. Polatty stated the meetings with the Cheeks Township Advisory Council had been advertised. Mr. Shanklin then asked the Board if Cheeks Township could be deleted from the Proposed Zoning Ordinance until they had further meetings on it, in order to prevent the Proposed Zoning Ordinance from being unduly delayed due to dissension in Cheeks Township. Chair Barnes replied that the Board would rely on the •recommendations of the Planning Board. Article 2 There was no dissension and the Board did not indicate any recommendation to the Planning Staff. Article 3 There was no dissension and the Board did not indicate any recommendation to the Planning Staff. Article 4 There was no dissention and the Board did not indicate any recommendation . to the Planning Staff. Article 5 Commissioner Walker asked Mr. Cannity if one had to have a minimum set- back of 150 feet on a lot of record. Mr. Cannity replied not if it was a lot of record and the landowner did not have sufficient contiguous property ft 2. 3. !�. which could be used to enlarge the lot of record and thus meet minimum set- 5. back requirements. 6. Article 6 7. The Board expressed deep concern over section 6.23, "Commercial 8. Storage and Disposal of Hazardous and Toxic Substances." Commissioner 9. Walker pointed out this this heading included such things as pesticide 10. which is normally found on a farm. Commissioner Gustaveson noted the 11. presence of the University of North Carolina and N.C. Memorial Hospital 12. in Orange County, both of which present unique disposal problems. After 13. much discussion the Board directed the Staff to rewrite this section to re- 14. quire a special use'permit .for the storage and disposal of such substances. 15. The Board further directed the Staff to rewrite this Section with detailed 16. requirements regarding the use, retail, sale and storage of such substances 17. and to submit both directives to the Planning Board for its recommendation. 18. Commissioner Whitted questioned sub-section 6.16.6.1, wondering if 19. complimentary items which accompany homemade items would be outlawed under 20, the Proposed Zoning Ordinance. The County Attorney said he did not think the • 21. intent of the Ordinance would be violated by sale of complimentary items. 22. (The example given was that of a homemade candle holder and the accompanying 23. candle, which may not have been made on the premises.) 24. Mr. Polatty brought section 6.22.2 to the attention of the Board saying 25. that a developer who wished to buidl under a R-13 designation (the highest 26. land use intensity) must have at least 10% of the Section 8 (that is 2 7• subsidized rental housing). Chair Barnes questioned the legality of re- 28. quiring a developer to make such a commitment. The County Attorney said 29. he knew of no law which would prevent such a requirement and that such 30. a requirement would in effect, create a special zone for subsidized rental 31. housing. Chair Barnes told Mr. Polatty that she realized such a requirement -32. was intended as incentive for developers to provide such housing but wondered 33. if it had any merit on its own apart from that. Mr. Polatty replied that 3�+• it maximized land use. Commissioner Whitted expressed his opinion that it 35. was not the goal of the Board to restrict such housing to one area only. 1 36. Commissioner Whitted said it should be excluded from R-13 because it would 37. likely occur there anyway and included in all other areas. 38. 39. 40. 1• 7 = IJ • 2. 3. 4. The Board suggested the Planning Staff rethink-this section. Chair 5. Barnes asked the Staff to achieve a better balance between and among various 6. land use intensities. The Board directed the Staff to write Section 8 7. incentives in other areas and submit the re-written section 6.22.2 to the 8. Planning Board and to report and explain the Board of Commissioner` 9. concerns to the Planning Board. 10. Mr. Polatty informed the Board of Commissioners that Chapel Hill had 11. such Section 8 incentives written into its Zoning Ordinance under the R-13 12. designation. The Board then directed Mr. Polatty to study the Chapel Hili 13. Zoning Ordinance for compatibility with the Proposed Zoning Ordinance for 14.. Orange County. 15. Chair Barnes, noting the lateness of the hour and that there was yet 16. another Agenda Item for consideration, asked the Board $f it wished to i7. schedule another work session in order to finish the Proposed Zoning 18. Ordinance. The Board did schedule another work session for Wednesday, 19. January 7, 1981, at 7:30 P.M. in the Commissioner's Room, at which the 20. Board will begin with Article 7 of the Proposed Zoning Ordinance. 21. Ms. Josephine Barbour asked the Chair's permission to speak and it 22. was granted. Ms. Barbour asked that Article 6, section 16.6.1 be re- 23.. evaluated; she stated that under this provision home operated beauty shops, 24• and t.v. repair shops would be forbidden. Chair Barnes directed the 25. Planning Staff to consider Ms. Barbour's remarks. 26. Commissioner Willhoit moved to convene the Board in Executive Session 27. to consider personnel matters; Commissioner Whitted seconded the motion. 28. Vote: Ayes, 5; noes, 0. 29. The Board then adjourned to reconvene in Executive Session: 30. 31. Anne Barnes, Chair 32. 33. Paulette Pridgen-Pond, Clerk 34. 35. 36. 37. .• 38. 39. 40.