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HomeMy WebLinkAboutMinutes - 19920824~ ~' T 1 APPROVED 10 92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD AUGUST 24, 1992 The Orange County Board of Commissioners ~d the Orange County Planning Board held. their quarterly public hearing on August 24, 1992 at 7.:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis and Verla Insko. COUNTY COMMISSIONER ABSENT: Don Willhoit _ COUNTY ATTORNEY PRESENT: Geoffrey Gledhill PLANNING BOARI? MEMBERS PR$SFNT: Chair Carol Cantrell and members H. Paul Hoecke, William J. Waddell, James Gray, Elizabeth Eidenier, D. Kent Scott, Clinton E. Burklin, Jean Hamilton, Virginia W._ Boland and Larry Reid. COUNTY STAFF PRESENT: County Manager-John M. Link, Clerk to the Board Beverly A. Blythe, Planning Director .Marvin Collins, Planners Gene Bell, Jim Hinkley, Eddie Kirk and Mary Scearbo. A. OPENING REMARKS FROM THE CHAIRMAN Opening remarks were made by Chair Moses Carey, Jr. B. PUBLIC CHARGE The public charge was read by Chair Moses Carey, Jr. C. PIIBLIC HEARING ITEMS 1. COMPREH$NSIVE PLAN AMENDMENT a. CP-1-92 University Station .Marvin Collins stated that this proposed amendment to the Comprehensive Plan involves the Land Use Plan of the land use element. He stated that 87 required notices were sent out to those property owners within 500 feet of the proposed amendment. Also, over 200 courtesy notices were sent to let other people know about this proposal. He explained the approval process that the applicant will have to follow before any work can begin on such a project. He emphasized that this item is a proposed amendment to the Comprehensive Plan and not a rezoning. This public hearing does not involve approval of a specific site plan. A conceptual plan has been submitted to give others an idea of the contemplated use of the property. He noted that no decision will be made tonight. Following this public hearing this item will be referred to the Planning Board for a recommendation. The earliest the Planning Board could consider this proposal would be September 21. Written comments received before that meeting will be considered in making the recommendation. He continued that if this land use amendment is approved, a second public hearing is required. At that time, the detailed plan will be submitted for review and approval. The developers would also need to request 3 In answer to a question from Wayne Huffy, Marvin Collins showed the Rural Buffer boundary and stated that no portion of the agreement with Hillsborough can extend into or affect this area. If University Station was placed in transition, that would mean that the town could zone it but at that time, it would have to be approved by both the town and the County as part u. of the cooperative agreement. If there is any change to the zoning in that area by the town that differs from the Land Use Plan that is jointly adopted by the County and the Town of Hillsborough, then it would require a joint.'... public hearing involving. both the County and the Town and would need to be~° approved by both jurisdictions to become effective. Areas outside of the transition will be governed by the Land Use Plan which will be jointly adopted. In that area, the County would maintain jurisdiction and the County would have all the administrative powers, zoning powers, and subdivision powers that it currently oversees. No rezonings could take place without a joint public hearing and approved by both jurisdictions. CITIZEN COMMENTS PETER KLOPFER spoke in support of preserving the character of this area with open areas and rural buffers. He feels that this project would take a large chunk of rural Orange County and give it to developers. The justification for this lies in the financial interest of a few landowners but it is also an area where the needs have changed. It will not be long before another developer argues for the need of yet another town. He suggested that sight not be lost of the whole purpose of the Comprehensive Plan which was to slow the population growth in this area to maintain some open area for as many generations as possible. Even though a planned community of this kind is better than no planning at all in the destruction of rural countryside, that is not the only option. There is still the option of preserving the rural countryside and requiring developments of this sort to be contiguous with and included within existing urban boundaries. ALAN SEIFERFELD indicated he moved to this area because of the rural character of this area. He would like to see it preserved and is against any proposed changes that would increase the density. DENNIS MCCULLOCH stated that a lot of planning has gone into this area relative to the development of a model school. A development of high density in the immediate area will have a serious impact on the growth and development of this model school. The roads in the immediate area can not handle the kind of traffic generated by this project. The development would destroy the rural nature of this area, the roads cannot handle the traffic and the school system will suffer a great impact if this project is developed. ARTHUR COGSWELL, one of the promoters for this project, made reference... to the "move back to earlier principles of rural land planning" which have:;: guided their planning for this project. They know that growth is going to ; occur. The task is to handle the growth in as benign a way as .possible. This project would provide a pedestrian oriented community which would deemphasis the automobile. The notion behind this is that the community will be, to a large extent, self-sufficient. One of the major tradeoffs is the 5 Class A Permits are required for larger projects where the impacts cover a much wider area. Commissioner Gordon asked if this entire area is in the open space area. Marvin Collins indicated that the lower portion of the project is not• in the cooperative planning boundary and would not be in the open space area if it did exist. She asked if this was not in existence at all and if the proposal went through and the developers wanted to put something in the open space, what would be allowed in that area. Marvin Collins noted that the way .~ the agreement is worded, in terms of the open space area, is that the Town of Hillsborough can extend public water and sewer to projects in the open space area if they. are developed in accordance with one of the rural character strategies that are adopted. The closest strategy to the conceptual plan that the study committee is considering is the one with 1.74 units per acre and 60~ open space. Commissioner Gordon asked about the impact on the environment of maintaining a golf course. Mr. Cogswell stated that there have been many studies which have indicated that water leaving a golf course downhill is purer than the water that runs. onto a golf course. He will provide a copy of the study to Commissioner Gordon. Marvin Collins stated that one of the things the staff has been discussing with the Rural Character Study Committee is the whole issue of golf courses and the potential impact that could result from the pesticides or insecticides or nutrients that come off of a golf course. Clemson University has been conducting studies for several years on these very impacts and even though there are not any standards set at this time, he is interested in their findings and how to mitigate those impacts. There have also been some recent articles, one of which he will provide copies for. the Board, about a golf course that was designed in the Charleston, South Carolina area in conjunction with a natural area. The biggest complaint is about mosquitos because no pesticides are used. Atypical golf course takes up about 15D acres. Marvin Collins noted that it will be April, 1993 when the Cooperative Area Land Use Plan is brought to public hearing. In answer to a question from Michael Drowns,. Mr. Collins noted that as part of the Cooperative Planning Agreement, the staff position would. be that this area be changed from transition to open space so that the project will stay within the County's jurisdiction. Mr. Drowns asked if the staff and the developer would be willing to take the position that, if this land use change is allowed, to put everything on hold until the Cooperative Agreement is reached and that area designated as open space. This would mean staying with the County which can handle the development. Mr. Collins stated that the reason for the request at this time is the concern of expiration of land options and the threat of losing the project. Commissioner Gordon asked what would happen if the Land Use Plan is changed and becomes a ten-year transition area and then no cooperative agreement is reached with Hillsborough. Mr. Collins stated that it could stay transition and would be the County's jurisdiction. If the County wanted 7 not any motor vehicles on the parcel. The Zoning. Officer has reviewed the application, the site plan and all supporting documentation and has found that no error was made in respect to this property in the Zoning Atlas when zoning was adopted for Bingham Township on September 2, 1981. The current owners of the property purchased the first six acres on February 9, 1984. The twelve acre lot to the north was purchased in January of 1991. Jim Hinkley noted that currently there is a three bay garage on this property and automobiles are being refurbished. Parts are being taken off of automobiles in the salvage yard and being used to refurbish automobiles to make them road worthy again. The parcel is also currently being used for insurance purposes where damaged automobiles-are stored until there is a determination by the in:~urance company on what to do with them. It is also being used for the storage of cars which are towed off the streets of Chapel Hill. The recommendation is that, provided the Planning Board and County Commissioners find in the negative, the Zoning Officer recommends disapproval of the request. COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR THE PLANNING BOARD In answer to a question from Mr. Waddell, Mr. Hinkley stated that the eastern most portion toward Ferguson Road is in the upper most area of the University Lake Watershed. PUBLIC COMMENTS ROBERT SMITH, lawyer for the Combs in this matter, stated. that the only way Mr. Combs can continue this operation is to rezone this property to EC-S. This would acknowledge that this was used for commercial purposes at the time the zoning became effective on September 2, 1981. This matter started with one complaint to the Orange County zoning office in the fall of 1991. The property was purchased in May of 1979 by J.D. and Doris Martin for the purpose of storing junk cars and it was used for that purpose the entire time they owned the property. They called Orange County and was told that this was a permitted use. He stressed that if this is allowed to be rezoned, it will not be allowing anything new, but a continuation of something that has been there for quite some time. Mr. Combs has tried real hard to be a good neighbor. He .has kept the cars away from the road and away from the adjoining property. He has kept a natural barrier between where he keeps the cars and the adjacent property. In addition, after they bought the property, they built a house on the property and that is where they live. No cars can be seen from Ferguson Road. He presented a petition with 170 signatures in support of this proposal. If the person who complained about this property had approached Mr. Combs, he would have worked out the problems. One of the concerns was that there were too many cars on the property. In response to this complaint, Mr. Combs removed 200 cars from the property in December, 1991. Another concern was that Mr. Combs is working on cars. There is a garage on the property. Originally, Mr. Combs had applied for a building permit and received a certificate of occupancy from Orange County to store some of his personal cars. He has applied for a home occupation permit which would let Mr. Combs work on cars. Mr. Smith feels he can meet the requirements for that and work on cars under the present zoning. The problem is that there is not a home occupation permit for storing cars. They went to the Board of Adjustment which suggested that they apply for a rezoning. that Wayne Combs is a man of his word. 9 HUBERT ARRINGTON stated that he knew Mr. Martin when he owned the property and he helped him move some cars on the property in 1979~and 1980. Mr. Combs is a fine person who has a well organised place. BARYON LLOYD owns two lots to the south of the proposed area to be rezoned. His understanding is that the issue is whether or not .cars were stored on the property when the zoning came into effect in Bingham Township in 1981. When he acquired these two lots, he was aware that cars were being stored on Mr. Combs' property. He became concerned where-trees were cut and the lot was expanded. He asked that if the EC-5 zoning is granted, it reflect very precisely the actual area of land that was in use as a storage facility in 1981-at the time that it would have had to be in use as a storage facility to justify such a rezoning. He doesn't know if there were cars there at that time or how many. GARY ZADJEIRA owns two lots in the-southwest corner of this area. He asked if the application for a business license is reviewed and if so why the zoning was not checked. He is in the salvage business and had to appear before the Board of Commissioners in order to get a conditional use permit before getting his privilege license. He noted that it seems that Mr. Combs business is growing and that there were structures built on the property. County Attorney Geoffrey Gledhill stated that Orange County does not license businesses as such. They do issue permits for some kinds of land use like Special Use Permits and Home Occupation Permits which are for a particular use of the land. Privilege licenses are issued by the state and the towns. Gary Zadjeika stated no opposition to Mr. Combs continuing within the space that was preexisting but does not agree with rezoning the area which has been cleared since 1981. WILLIAM FORD owns a large tract of land west of the Combs' property. He has no objection to the zoning change and feels it is a good use of the property. There have been cars there since the mid 50's. He worked for Mr. Martin since high school. WAYNE MELNER lives in a mobile home approximately 50 feet from where the cars are stored. He has lived there for six years and this salvage operation has never bothered him. There is no erosion and he has never found a creek on the property. DURWOOD HOUSE lives on Damascus Church Road. He spoke in support of .this rezoning. He has known Wayne Combs for a lot of years. He is dependable. The site is clean and cannot be seen from the road. He indicated that he has nothing but good things to say about Mr. Combs. KENNETH MARTIN , stated that he is the son of the man who sold the land to Mr. Combs. The land was originally purchased for the purpose of storing junk cars. That use was permitted by the County at that time. He and his father used the land to store cars for parts in their automobile 11 Development Housing designation for 19.534 acres of land located north of the existing Heartwood at Blackwood Mountain development off Mill House Road. The proposed addition would contain 9 lots and receive access through the existing development by the extension of Heartwood Drive and Pathway Court. It is known as lot 26E, of Tax Map 19 in Chapel Hill Township. The present zoning. of the property is RB (Rural Buffer). The proposed zoning is PD-H-RB (Planned.Development-Housing-Rural Buffer). The applicant is proposing to use the existing community well system for water and have .individual septic tanks for sewage disposal. The property is located in the Rural Buffer area as designated in the Land Use Element of the Comprehensive Plan. The proposed addition constitutes a major modification to the Special Use Permit issued in 1986. Article 8.7.3 of the Zoning Ordinance required that such a change be considered by the Board of Commissioners following a public hearing. The proposed addition of the 9 lots complies with all the findings required by the Zoning Ordinance. Conditions have been included in the Planning Staff's recommendations to insure compliance with all state and local regulations. QUESTIQNS OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD. In response to a question from Commissioner Carey, Mr. Kirk indicated the exact location of the common area. PUBLIC COMMENTS_ BILL SELVIDGE President of the Heartwood Land Owners Association. voiced his concerns about this project. The neighbors would like to have these easements for the common areas removed from the plan. Regarding the maintenance of septic easements on common property, they request that the easements include specific language which require the owners of the property served by the system to provide for and finance the maintenance of those systems. Their third concern .involves the extension of Heartwood Drive and Partway Court. The owners request that the extension be built to the standards previously required and that the maintenance of that extension be divided on a prorated basis. LINDA POWERS, a resident of Heartwood indicated that her concerns are about the common areas,not the additional home sites. It appears that the Home Owners Association would be responsible for the maintenance of the common area, however, that area would actually be a septic field for specific homes. She also indicated that allowing non-residents to have access to the common lands is not appropriate. ROCH WILL indicated that he welcomed the Phase III development of Heartwood with the exception of several fundamental potential problems. Those problems are trail easements, septic systems and road construction. His main concern is that an undue burden will be placed upon current residents and that their quality of life will be jeopardized. SPENCE DICRINSON, developer of Heartwood, indicated that several existing lots already have septic easements and those home owners are aware that they are responsible for their septic maintenance. He indicated that 13 two or more tracts as long as they total more than 80 acres. The 80 acres conforms with the median farm size as opposed to the average. This would allow more smaller farms to participate in the voluntary districts program. Person Stewart spoke in support of this amendment. Motion was made by Commissioner Gordon, seconded by _ Commissioner Halkiotis to refer this proposal to the Agricultural Districts Advisory Board for a recommendation- to be returned to the County Commissioners no sooner than September 22, 1992. VOTE: UNANIMOUS D. ADJOIIRNMENT With no further items to consider, Chair Moses Carey, Jr. adjourned the meeting. The next regular meeting of the Board will be held on September 8, 1992 at 7:30 p.m. in the courtroom of the Old Courthouse in Hillsborough, North Carolina.- Beverly A. Blythe, Clerk Moses Carey, Jr., Chair