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HomeMy WebLinkAboutMinutes - 19900226 Approved: 4-17-90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD MONDAY, FEBRUARY 26, 1990 The Orange County Board of Commissioners met in Joint Session with the Orange County Planning Board for the regular Quarterly Public Hearing on February 26, 1990 at 7:30 p.m. in the Superior Courtroom, new County Courthouse, Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr. , and Commissioner Stephen Halkiotis, John Hartwelll , Shirley Marshall and Don Willhoit. PLANNING BOARD MEMBERS PRESENT: Virginia Boland, Carol Cantrell , Betty Eidenier, Chair, Barry Jacobs, Vice Chair, Steve Yuhasz, Dan Eddleman, Bill Waddell , Chris Best, Larry Reid, and Mike Lewis. PLANNING BOARD MEMBERS ABSENT: Peggy Abrams, and Jean Hamilton. COUNTY ATTORNEY PRESENT: Geoff Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Planning Director Marvin Collins, Planners Emily Crudup and Mary Scearbo, Clerk to the Board Beverly Blythe, and Deputy Clerk to the Board Kathy Baker. NOTE: All documents referenced in these minutes are in the permanent agenda file in the Clerk's office. A. OPENING REMARKS Chairman Moses Carey welcomed everyone and made introductory remarks. B. AUDIENCE COMMENTS 1 . Matters on the printed agenda Those who wish to speak will be recognized at the appropriate time. C. PUBLIC CHARGE Chairman Carey read the Public Charge. D. PUBLIC HEARING ITEMS 1 . ASSIGNMENT OF HOUSE NUMBERS a. Rural Route 2 - Durham b. Rural Route 5 - Hillsborough These presentations were made by Marvin Collins. In summary these items were presented to receive citizen comment on proposed house and building numbers to be assigned to Orange County Rural Route 5 served by the Hillsborough Post Office and Rural Route 2 as it extends into Orange County (Zip Code 27705) served by the North Durham Post Office. Route 5 Hillsborough includes an area beginning at Old NC 86 (Churton Street) , 2 east along Old US 70 E. , south on NC 86, then along Old NC 10 east to the Southern Railway crossing; then north on Lawrence Road, east along Old US 70 E. , to Seven Springs Road, returning westward along US 70 E. , south on Lawrence Road and west on Old US 70 E. to Old NC 86 (Churton Street). Included in Route 5 are Joppa Oaks, Byrdsville, Strayhorn Hills, Colonial Hills Mobile Home Park, Colonial Hills Subdivision and Piney Grove and Valley Forge Roads. Route 2 Durham encompasses an area beginning at the Durham County line on Ebenezer Church Road, south along Pleasant Green Road to US 70, and includes the following subdivisions: Country Lane Estates, Pleasant Green Estates, Meadow Estates, Brigadoon, and Meadows of Eno. The following roads are also included: Knight Drive, Deerwood Lane, Cole Mill Road, Jones Homestead Road, Cabe Ford Road, Willett Road, Laurel Ridge Road, Linden Road, and US 70 from Linden Road east to the Durham County Line. THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD, OR CITIZENS. A motion was made by Commissioner Hartwell , seconded by Commissioner Halkiotis, to approve the house and building numbers for Rural Route 2, Durham and Rural Route 5, Hillsborough, followed by notifications of the Hillsborough Postmaster, the Durham Postmaster and the N.C. Department of Transportation, as required by G. S. 153A-240. VOTE: UNANIMOUS 2. ZONING ORDINANCE TEXT AMENDMENTS a. Article 2.3.3.2 Board of Adjustment Administration This presentation was made by Mary Scearbo. In summary this item was presented to receive citizen comment on a proposed amendment to the Zoning Ordinance to show that the Board of Adjustment meeting is subject to the Open Meetings Law. The proposed amendment provides a reference to the portion of the General Statutes pertaining to Open Meeting Laws (H.S. 143-318.9 et seq). This portion of the General Statues includes the purposes for which a public body may hold an executive session and exclude the public. THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, THE PLANNING BOARD OR CITIZENS. b. Article 7. 14.4 Density Bonus for Affordable Housing This presentation was made by Mary Scearbo. In summary this item was presented to receive citizen comment on a proposal to provide incentives for the development of housing affordable to low and moderate income families. The Report of the Low-Moderate Income Housing Task Force, completed September, 1987, included a recommendation to amend the Zoning Ordinance to increase incentives for new construction of low and moderate-income housing. The proposed amendment provides such an incentive by offering a density increase when affordable housing opportunities are created by a developer. The density bonus provisions apply only to Planned Developments located outside of a protected watershed, and could be applied in one of several ways: 1) A density increase of up to 25% if a percentage of the units or lots are sold or rented to low or moderate income households. 2) A density increase of up to 25% if off-site land area is donated to Orange County for future development of an equivalent number of affordable units. 3) A 50% density increase if all of the lots/units are reserved for qualifying households. Occupancy would be restricted by a contractual agreement with the Orange County Department 3 of Housing and Community Development, and should be binding for at least 15 years. She noted that the Planning Board was against excluding the affordable housing provisions from the watershed restrictions. QUESTIONS FROM THE BOARD OF COMMISSIONERS OR THE PLANNING BOARD. Commissioner Hartwell suggested that the wording for median income be the same throughout the document rather than being "regional median income" and "median area income". He also asked about the opportunities and restrictions for land donated to the county. In particular, he asked if the county could donate that land to Habitat for Humanity. Scearbo indicated that the intent of that section was to enable the county to transfer donated land to Habitat for Humanity or similar groups. Gledhill indicated that the conveying instrument would assure that the donated land would be used as intended. He indicated that the Ordinance was not an effective way to assure the use of the land because the Ordinance could be changed by a future Board. In response to a question from Commissioner Carey, Scearbo indicated that the intent was not to discourage an increase in income of potential renters. Once someone moves into one of the units they would be allowed to stay there for as long as they chose regardless of future income. She also indicated that limiting the evaluation of the home to a specific amount so that the units remain affordable was a goal . However, the mechanism to assure this has not yet been finalized. In order to reach this goal there are several different options. Among those options are using the contract and/or the ordinance. Gledhill pointed out that appreciation of value is not at issue here. The issue is maintaining the resale price of the home. The resale price will be kept to the same affordability standards that are established in the program in the beginning. Commissioner Hartwell stated that Item 2. 14.4.2.2 needs to be reworded so that it states the same criteria for resale as is found in Item 7. 14.4. 1 . In response to a questions from Mike Lewis, Scearbo indicated that the 15 year limit for this program had been chosen because the Low-income Tax Credit had, until recently, used a 15 year term as had similar types of programs. Bill Waddell asked about the affordability index which is referred to as a "rule of thumb" of 2 1/2 times annual income as the affordable purchase price. Scearbo indicated that HUD used that as a guideline. HUD has studied this region extensively and they have a model that they use to determine what is affordable to a particular income group, such as 80% of regional median income. In early January they ran the model for Orange County to determine those income figures so that they could be used as a guide to determine the affordable price. The 2 1/2 times is not a fixed amount. Many other factors are taken into account. In response to a concern voiced by Commissioner Hartwell , Link indicated that 7. 14.4.2.2 states that "all sales and rental transactions shall be approved by HCD to assure compliance with eligibility criteria. " Gledhill indicated that homes stay on the market unless they are sold in compliance with these criteria. 4 Commissioner Marshall indicated that a "clearinghouse" needs to exist to keep track of those who want to buy the house as well as those who are under density bonus. It cannot be left entirely to the builder to market these homes for sale to low-income households. The county also needs to address that issue. In response to a question from Larry Reid, Scearbo indicated that improvements could be made to the home, however, if the home were sold during the 15 year period it would need to be sold to a qualifying household regardless of improvements/additions which might have been made to the home by the owner. Waddell asked for clarification of the definition of income. The consensus was that HUD guidelines would be used to determine eligibility. This point will be clarified in the amendment. A motion was made by Commissioner Hartwell , seconded by Commissioner Halkiotis, to refer these items to the Planning Board for recommendations to be returned to the Board of Commissioners no sooner than April 2nd. VOTE: UNANIMOUS 3. SUBDIVISION REGULATIONS TEXT AMENDMENTS a. Section III-D-1-b Planning Department Review Procedures This presentation was made by Mary Scearbo. In summary this item was presented to receive citizen comment on a proposal to provide adequate time for staff review of major subdivision Concept Plans. Current Subdivision Regulation time limits do not always allow sufficient time for staff review of major subdivision concept plans. The proposed amendment would assure a minimum time period of 30 days between project submittal and its presentation to the Planning Board. QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD. Commissioner Marshall stated that when time is added onto the process at one point, consideration needs to be given to taking an equal amount of time off at a later point in the process. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT Larry Blalock, a resident of Cedar Grove, indicated that he opposed adding time to this process. He pointed out that adding time also adds to the cost of housing. Cathy Carroll also requested that time not be added to this process. A motion was made by Commissioner Marshall , seconded by Commissioner Halkiotis, to refer this to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 2nd. VOTE: UNANIMOUS b. Section IV-B-8-e Schedule of Required Land Use Buffers This presentation was made by Emily Crudup. In summary this item was presented to receive citizen comment on proposed amendments to Section IV-B-8 of the Subdivision Regulations, Landscaping and Buffer Requirements. Two amendments are proposed for Section IV-B-8 of the Subdivision Regulations. The first involves interpretation of 5 the Schedule of Required Land Use Buffers as it applies to subdivisions in the unzoned townships. The second amendment to Section IV-B-8 will clarify the purpose of the buffer waiver provisions and extend the scope of IV-B-8-g to include waivers for other landscape requirements contained in the Subdivision Regulations. THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS. A motion was made by Commissioner Hartwell , seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 2nd. VOTE: UNANIMOUS E. ADJOURNMENT With no further items for Board consideration, Chairman Carey adjourned the meeting. The next regular meeting will be held on March 5, 1990 at 7:30 p.m. , in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. , Chairman Beverly A. Blythe, Clerk • APPROVED 4/17/90 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING OF FEBRUARY 20, 1990 FEBRUARY 26, 1990 The Board of Commissioners met on February 26, 1990 at 6:00 p.m. in the Commissioners' Library, Hillsborough, North Carolina for the purpose of continuing the regular meeting of February 20, 1990. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr. , and Commissioners Stephen Halkiotis, John Hartwell, Shirley Marshall and Don Willhoit. STAFF PRESENT: County Manager John M. Link, Jr: and Clerk to the Board Beverly Blythe. Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to go into Executive Session to discuss a personnel matter. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to go back into regular session. VOTE: UNANIMOUS ADJOURNMENT With no further items for consideration, Chairman Moses Carey, Jr. adjourned the meeting. The next regular meeting of the Board will be held on March 5 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk