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HomeMy WebLinkAboutMinutes - 199201061 APPROVED 1/23/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 6, 1992 The Orange County Board of Commissioners met in Regular Session on Monday, January 6, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Vice- Chair Stephen H. Halkiotis, and Commissioners Alice M. Gordon, Verla Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT:County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam Jones,. Planners Mary Scearbo, Emily Cameron and Eddie Kirk, Health Director Dan Reimer, and EMS Director Nick Waters. I. ADDITIONS OR CHANGES TO THE AGENDA Item 7-B will be heard before 7-A. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those citizens in the audience who want to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Scott Franklin spoke on behalf of SEAL. On December 17th, their group requested a special public hearing on proposed landfill site OC-17. They have not received a response to their request. Chair Carey stated he has not talked with the Chair of the Landfill Site Search Committee since this request was received. He clarified that the County Board of Commissioners will not hold a public hearing at this time in the process. County Manager John Link stated that the Landfill Site Search Committee has not scheduled another meeting. This request will be brought before the committee at their next meeting for their consideration. Commissioner Willhoit explained that the next step in the process is for the consulting engineer to report back to the committee after walking the four remaining sites. He emphasized that there will be at least one more public meeting which should address this group's concerns. John Link outlined the landfill site search process as approved by the County Commissioners. Mr. Franklin asked for a copy of the process and a copy of the minutes for the public hearing that was held by the Landfill Site Search Committee in November. 2 The Board emphasized to Mr. Franklin that there would be opportunity for public input into the process. The Board is very sensitive to this issue and will make every effort that the process is fair. Commissioner Gordon suggested that the remaining steps in the process be identified and the timetable for the remaining steps be set. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve those items on the Consent Agenda as stated below: A. HIIMAN SERVICES VISION STATEMENT This item was moved to VIII - A.O. B. BUDGET ORDINANCE AMENDMENT #8 The Board approved the proposed Budget Ordinance amendments as listed below: GENERAL FIIND Source - Intergovernmental $ 32,000 Appropriation - Human Services $ 32,000 (To budget for additional Child Protective Services funds ) Source - Intergovernmental $ 31 729 Source - Charges for Services 9,360 Appropriation - Human Services $ 41,089 (To budget for additional State and Medicaid funding for Family Planning and Child Service Coordination programs) Source - Miscellaneous $ (950) Appropriation - Community Maintenance $ 950 (To budget for Conflict Management Workshop) VOTE: UNANIMOUS IV. RESOLIITIONS/PROCLAMATIONS - NONE V. SPECIAL PRESENTATIONS - NONE VI. PIIBLIC HEARING AND A DECISION A. PD-1-91 STONEGATE MOBILE HOME PARR This property is located on Mount Herman Church Road north of the Norfolk Southern Railroad and south of Interstate 85. The applicant is requesting to modify the existing Planned Development by removing ten (10) mobile home spaces and changing the type of sewage treatment from a package plant to a spray irrigation system, thereby adding 19.86 acres to the park. The Planning Board approved the modification with five conditions as listed below: (1) All existing required conditions of the original special use permit are fully applicable. (2) All easement documents to provide access, construction, and maintenance of the proposed spray irrigation system must be executed and submitted. The applicant shall file with the Orange County Planning Department a copy of all executed easement documents prior to issuance of any building permit in the park. (3) Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet N. C. DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with N.C. DEM standards. (4) In order to ensure compliance with the- 25,000 gpd (gallons per day) capacity of N.C. DEM permit number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray irrigation System, Orange County, on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. (5) A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to close the public hearing for the planned development request for Stonegate Mobile Home Park. VOTE: UNANIMOUS Motion was made by Chairman Carey, seconded by Commissioner Halkiotis that the Board finds, based on a preponderance of evidence, that the Stonegate Mobile Home Park as modified is in compliance with the general standards and specific rules governing the planned development and that the mobile home park as modified complies with all required regulations and standards with the attachment of five (5) conditions as recommended by the Planning Board. The Board further finds that the mobile home park as modified will maintain or promote the public health, safety and general welfare., if modified as proposed and the planned development built and operated according to the plan as submitted. Also the use will maintain or enhance the value of contiguous property and that the use is in compliance with the general plan for the physical development of the County as embodied in these regulations and in the comprehensive plan, or portion thereof, adopted by the Board of County Commissioners. Therefore, the Board approves the modification of the existing planned development Special Use Permit for Stonegate Mobile Home Park to include the five conditions as recommended by the Planning Board. VOTE: UNANIMOUS 4 VII. REPORTS A. DISCIPLINARY ACTION REVISION TO THE PERSONNEL ORDINANCE This report was presented for receipt of comments and suggestions. Sections 8 and 10 of Article III of the Personnel Ordinance have been revised to coordinate these sections with the revised Disciplinary Action section which is Section 4.0, Article IX, of the Ordinance. B. SCHOOL BOND SIIRVEY John Link presented a report on the school bond telephone survey that will be conducted by Johnston, Zabor and Associates (JZA). He presented an overview of the primary objectives of the study, a sample survey listing the proposed questions and what results are expected in the survey. There was extended discussion on the content of the questions in the survey. Mr. Johnston from JZA was available to answer questions and take comments about the survey. After ensued discussion the Board decided to wait until after Saturday, January 11 to make a decision on the percentage split and if necessary revise questions 10, 11 and 12 to soften the second paragraph and revise questions 16, 17, and 18 to ask specifically. how their vote would be affected if the splits were different. Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to authorize the County Manager to enter into an agreement with Johnston, Zabor & Associates, Inc. in the amount of $9,850 and authorize the Chair to sign the contract on behalf of the Board. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - REGIILAR AGENDA A.O. HUMAN SERVICES VISION STATEMENT Commissioner Willhoit presented for the Board's endorsement the Vision Statement which evolved from the Fall 1991 Human Services Policy Forum. He explained that the forum would like to know if the County Commissioners agree with this statement. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to endorse the vision statement as presented in the agenda abstract and to include it in the County's long range planning. VOTE: UNANIMOUS A. E911/CAD EOIIIPMENT AND SYSTEMS INTEGRATION PROCIIREMENT John Link explained that in summary this agreement with IBM will provide the hardware, software and systems integration for the Enhanced 911/Computer Aided dispatch capabilities for Orange County. The cost for this proposed system is $380, 727 and will be funded through telephone subscriber fees except for the Land Records and Sheriff workstations and GIS software which are covered by funds approved by the Board for the GIS project and included in the 1991-92 budget. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the agreement with IBM, subject to final review by the County Attorney. VOTE: UNANIMOUS 5 B. BID AWARD - SHERIFF'S VEHICLES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve purchasing 15 Law Enforcement vehicles from Capital Ford, Inc. for a sum not to exceed $175,800.00. VOTE: UNANIMOUS C. MATERNAL CARE COORDINATION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the Health Department to apply for the Maternity Care Coordination grant. If funded by the State, a new temporary Maternity Care Coordinator position would be established through June 30, 1992. The continuation of this position for FY 92-93 would be evaluated and based on Medicaid revenues generated and the caseload demand experienced. VOTE: UNANIMOUS D. SHENANDOAH - PRELIMINARY PLAN This property is located in Chapel Hill Township on the east side of Neville Road and on the north side of Phil's Creek. It is zoned Rural Buffer, Protected Watershed II, and.. University Lake Watershed. The tract is designated Rural Residential in the JPA Land Use Plan. The total acreage of the tract is 28.38 acres. Six (6) new lots are proposed. Individual wells and septic tanks are required. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Preliminary Plan for Shenandoah Subdivision with a Class B private road based on the findings contained in Section IV-B-3-d-1 of the Subdivision Regulations and subject to the conditions contained in the resolution of approval. VOTE: UNANIMOUS E. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOME This item will provide a process for administrative approval of minor changes in approved large day care homes. Specifically, the amendment changes the last paragraph of 6.27.3 to read as follows: Each large day care home approved by the Zoning Officer shall be reviewed annually by him/her to assure compliance with the standards of evaluation for such facilities. The Zoning Officer is authorized to approve minor changes in the approved large day care home provided the changes are in harmony with action of the original approval and provided any change in the operation. complies with the standards of evaluation as specified in Section 6.27.2. Any change in the operation of the large day care home that does not comply with the standards for evaluation as specified in Section 6.27.2 will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve Article 6.27.3 as stated above. VOTE: UNANIMOUS 6 F. ZONING ORDINANCE TEXT AMENDMENT - WATER AND SEWER PUMP STATIONS This amendment to the Zoning Ordinance will modify development standards for certain utility facilities. More specifically, the changes to Article 6.16.12 are listed below: b) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. c-5) Add to the first paragraph: Screening shall be required along any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except where such property is owned or leased by a utility, and used by the utility for public utility purposes. Begin the second paragraph: Where screening is required . d) The minimum required lot area for such uses shall be 5,000 square feet. The facility shall be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. e) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the Zoning Ordinance amendment to Article 6.16.12 as stated above. VOTE: UNANIMOUS G. SIIBDIVISION REGIILATIONS TEXT AMENDMENTS DRAINAGE PROVISIONS This amendment to the Subdivision Regulations would incorporate specific provisions for requiring drainage easements. More specifically, the changes are listed below: Add to section III-C-3 - Second paragraph: After receiving a complete Final Plat, the Planning Department may submit copies of the Final Plat and accompanying material to the officials and agencies listed in Section III-D-2-b for their review and comment. The officers or agencies to which the plan is submitted shall provide a certification to the Planning Department as to the suitability, provisional suitability, or unsuitability of the proposal. 7 Recommendations of the review officers or agencies may be incorporated as conditions of approval of the subdivision. Add to Section IV-B-2 at the end of the last paragraph: including those listed in Section III-D-2-b. IV-B-2-c after the first paragraph: Each lot shall contain a suitable building area safe from inundation and erosion. Sanitary sewer systems, septic tank drainfields, water systems, wells, and adjacent properties shall also be protected from inundation by surface water. Roads, driveways and utilities shall be protected from damage caused by improper stormwater management. Mechanical devices, drainage easements, natural buffers, large lots, and/or other technical means may be used to achieve these objectives. Natural drainageways are a preferred means of stormwater runoff removal. The characteristics (including capacity), of natural drainageways shall be protected. Runoff levels from the 25-year storm after the site is developed shall not be greater than the rate of runoff on the same site in its natural state. V-D-5-c third paragraph: The location and purpose of storm drainage easements shall also be shown, including those along an existing and/or proposed drainage swell or channel. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the proposed amendments as stated above. VOTE: UNANIMOUS H. SUBDIVISION REGIILATIONS TEXT AMENDMENTS PLAT MAPPING REOIIIREMENTS This amendment to the Subdivision Regulations would incorporate changes in Final Plat mapping and recordation provisions as required by a recently ratified amendment to G.S. 47-30. More specifically, the amendments are listed below: Section V-D Final Plat: The, Final Plat shall sp by hu to (S .rements of G . S . .f ications of this registered land sup •ed (100) feet to tY ie inch .' (first paragraph) be drawn in accordance with the 47-30 as amended and to the Section. The plat shall be prepared ~veyor at a scale of not less than one :e inch nor more than twenty ( 2 0 ) feet :ond paragraph is deleted in its entirety). 8 DEFINITIONS - SUBDIVISION: (last paragraph) The surveyor and/or Planning Department shall also certify on the plat as required by G.S.' 47-30(f)(11) V-D-6-a: (last paragraph) (The surveyor shall also certify on the plat as required by G.S. 47-30(f)(11) as amended.) Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the amendments as stated above. VOTE: UNANIMOUS I. SUBDIVISION REGULATIONS TEXT AMENDMENTS -- ENVIRONMENTAL HEALTH CERTIFICATION This amendment to the Subdivision Regulations revise the current language of the Environmental Health Certificate for subdivisions. More specifically, the amendment is stated below: Section V-D-6-c-(3): Where sewage disposal within all or a portion of a subdivision is to be accomplished through the installation and use of surface sewage disposal systems, the plat shall show the following form for Orange County Health Department endorsement: "Soil and site evaluations have been conducted by the Orange County Health Department, Environmental Health Division, and unless otherwise noted, an area on each lot has been tentatively designated for septic installation and repair. This certification is not an improvements permit and not approval of a septic system for any lot in this subdivision. An improvements permit must be issued by the Orange County Health Department prior to any alteration of the lot." Environmental Health Specialist Date Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the amendment as stated above. VOTE: UNANIMOUS IX. BOARD COMMENTS Commissioner Insko suggested putting on the Consent Agenda those planning items which are not controversial and which have received at public hearing few or no comments. They can always be pulled from the Consent Agenda if further discussion is desired by any member of the Board. X. COUNTY MANAGER'S REPORT - NONE XI. - NONE 9 XII. MINIITES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the November 25, 1991 Regular Quarterly Public Hearing as presented. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the December 17, 1991 Regular Meeting as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION -NONE XIV. ADJOURNMENT With no further business to come before the Board, Chair Carey adjourned the meeting. The next Regular Meeting will be held at 7:30 p.m. on Tuesday, January 21 in the Community Meeting Room of the OWASA facility on Jones Ferry Road, Carrboro, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair 673 • RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COM MSSIONERS Date lanuary 6. 1992 Name of Subdivision Shenandoah Owner/Applicant Richard H. Swank for Laura Reaves, Rosa B. Stone and Thomas F. Stone The Board of County Commissioners hereby approves Shenandoah subdivision preliminary plat, dated September 10, 1991 and containing 6 lots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal • 1. Each residential lot shall contain an adequate area for septic disposal, and �1 P repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1. Sabre Court shall be constructed to Class B private road standards within a 50 foot right-of-way. Sabre Court shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the • travelway within the platted private road right-of-way shall also be certified. 1 6"7 4 ' OR A letter of credit, escrow agreement, or bond shall be submitted to secure • construction and inspection of Sabre Court to Class B private road standards. An estimate of the construction and certification costs must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. Submit an erosion control plan for construction of the road. 3. A Private Road Maintenance Agreement for Sabre Court shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 4. A provision that there be no further subdivision of any lot created by this subdivision shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 6. Lots 1 and 6 shall have access restricted to Sabre Court. All lots shall access onto the new subdivision roads. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 7. Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping I. Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. • 2 675 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with • the Final Plat. D. Drainage 1. The floodway and floodway fringe of Phil's Creek and the tributary on the eastern boundary shall be noted on the face of the Final Plat. Development restrictions within the floodplain shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. (PW-II only) Impervious surface data, as pursuant to Article 6.25.4 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A stream buffer shall be provided as shown on the Preliminary Plat along Phil's Creek and its tributary. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be • prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland 1. The applicant shall dedicate to Orange County a 10-foot wide strip of recreation/open space to be shown on the Final Plat located within 30' of the center of Phil's Creek as shown on the Preliminary Plat. The approval of this resolution by the Board of Commissioners of Orange County authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally the parkland and pedestrian easements shown on the Final Plat(s). The acceptance by Orange County of the dedication of the parkland and pedestrian easements shall be without maintenance responsibility. 2. A 10-foot wide public dedication shall be made by non-warranty deed to Orange County for recreation/open space purposes within the conservation easement along Phil's Creek. The dedication shall be located within 30 feet of the centerline of Phil's Creek, subject to approval by Orange County Recreation and Parks. It shall be labelled on the Final Plat with the total area of the dedication and "Property of Orange County for recreation/open space purposes". • 3 676 F. Miscellaneous 1. The Plat hall • e Final P s contain atitle-block and vicinity map m accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Phil's Creek; and b. Tributar}, to Phil's Creek on eastern boundary 3. The following easement shall be shown on the plat: a. 15-foot pedestrian access easement along the northern boundary of lot 2 to connect lot 1 with the conservation easement. 4. A setback of 40 feet shall be maintained as measured from the edge of right-of-way of Sabre Court. Side yards shall be a minimum of 20 feet, and rear _yards a minimum of 20 feet. There is also a setback for impervious surface 20 feet from the edge of the stream buffer. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff • and recorded concurrently with the Final Plat. 5. On the Final Plat, include the Plat Book reference for "Shenandoah II", and label the control corner. 6. Pursue negotiations with Triangle Land Conservancy or other qualified public/private entity for dedication of the conservation easement as shown on the Preliminary Plan. Submit final copy of the easement agreement to Orange County for review. Such agreement shall include the following: a. If the easement is dedicated by the current owner, all residents of the subdivision shall be permitted to access the conservation easement consistent with the agreement granted to Triangle Land Conservancy. b. Orange County shall be designated alternate Grantee in the event Triangle Land Conservancy ceases to exist or no longer desires to hold the conservation easement, or is no longer qualified as Grantee. C. Include in the inventory of relevant features that the easement includes the Orange County public recreation space. 7. If a conservation easement is not granted to Triangle Land Conservancy or • other qualified public/private entity, the area proposed as easement shall be included in the recreation dedication to Orange County. 4 6'7'7 8. Obtain final approval of the Conservation Easement Agreement and the Restrictive Covenants from the County Attorney. • G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3. The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Y ( Signature of Applicant Cler V to the Board 7 accept the above listed conditions of subdivision approval, and abinowledge that each must be met prior to recordation of the final plat. • 5