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HomeMy WebLinkAboutMinutes - 19921005.., ~~ 1 APPROVED 11/17/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 5, 1992 The Orange County Board of Commissioners met in Regular Session on October 5, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., and Commissioners Stephen Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Erosion Control Officer Warren Faircloth, and Human Resources Director Elaine Holmes NOTE: All Documents referred to in these minutes are in the Permanent Agenda File in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Insko asked and the Board agreed to remove the resolution on giving access to potential landfill sites. Commissioner Willhoit added as item 8-E, a discussion on scheduling a public forum on the school bond referendum. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those who wish to speak to a specific item will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA A. ADOPTION OF SCHEDULE OF VALUES - 1993 REVALUATION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the final schedule of values, standards and rules and direct the Tax Assessor to observe all statutory requirements related to public notice about the schedule of values. VOTE: UNANIMOUS IV. RESOLUTIONS/PROCLAMATIONS A. ACCESS TO POTENTIAL LANDFILL SITES - REMOVED 2 VI. PUBLIC HEARINGS A. CONTINUATION OF PUBLIC HEARING ITEMS ~1Z PD-2-92 HEARTWOOD AT BLACRWOOD STATION/PHASE 3 j2Z ZONING ORDINANCE TEXT AMENDMENT (MOBILE/MANUFACTURED STRUCTURES) Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to continue the public hearing to November 2, 1992, at 7:30 p.m. in the Old County Courthouse, Hillsborough, N.C. to receive the Planning Board recommendation. VOTE: UNANIMOUS VII. REPORTS - NONE VIII. ITEMS FOR DECISION - REGULAR AGENDA A. EFLAND AREA SEWER SYSTEM "STATUS OUO AGREEMENT" Geoffrey Gledhill asked that the Board consider an agreement with some Efland area residents concerning contracts relating to the establishment, construction and operation of the Efland Sewer system. The purpose of this agreement is to preserve whatever claims these people may have against Orange County, principally related to the fact that only a portion of the planned sewer system has been constructed and is operational, while the County undertakes, long term, expansion of the Efland Area Sewer System. This status quo agreement provides that the County "makes no admission, expressed or implied, against its interest and, in particular, does not admit that any contract holder retains or has any right enforceable under any such contract against the County." Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve and authorize the Chair to sign the Status Quo agreement. VOTE: UNANIMOUS B. ASSESSMENT OF PENALTIES FOR VIOLATION OF THE EROSION CONTROL ORDINANCE Originally this item was to ask the Board to consider an assessment of $68,500 in accumulated penalties against Johnny Mace, who is the person financially responsible for Mt. Willing's Summit Subdivision, for violations of the Orange County Erosion Control Ordinance. However, as of today, he has brought this property into compliance. Commissioner Willhoit asked for the cost in pursing this compliance. Warren Faircloth indicated the cost would include those of the County Attorney and staff time in correcting this violation. Commissioner Willhoit feels that the County should recover these costs. After extended discussion, it was decided that a penalty of $500 would be assessed to Mr. Johnny Mace. It was the consensus that a policy be developed to address these kinds of situations. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to assess Mr. Johnny Mace a penalty of $500.00 to cover the costs associated with the resolution of this case and to ask the Administration to bring back a policy for their consideration. VOTE: UNANIMOUS C. CP-1-92 UNIVERSITY STATION Marvin Collins presented for the Board's consideration of approval a proposed amendment to the Land Use Element of the Comprehensive Plan. The property in question is located south of the Southern Railroad on both sides of Old N.C. l0 (SR 1710) and contains approximately 629 acres. The property fronts on New Hope Church Road for a distance of 2,900 feet, on Old N.C. 10 for a distance of 4,920 feet, and on University Station Road for a distance of 865 feet. The current zoning designation of the property is R-1 Residential. They are requesting that the land use designation be changed from :Rural Residential, Agricultural Use, and Resource Conservation to Ten- Year Transition. The purpose of this request is to allow the developers to make application for approval of a planned residential development. This request was presented at public hearing on August 24. Comments received at that public hearing as well as letters received after the public hearing are included in the agenda abstract as well as the original staff report presented at the hearing. The main concerns raised by those in opposition of the proposed amendment are (1) the maintenance of the rural atmosphere of the area, (2) density, (3) impact on the school system and (4) roads and traffic associated with the project. The Planning Board considered the application at its Sept. 21 meeting and voted 7-3 recommending approval of the amendment to the Land Use Element. The Administration's recommendation is also for approval of the amendment. Commissioner Willhoit was not present at the August 24, 1992 public hearing. He hereby confirms that, in accordance with Board policy, he listened to the tape in its entirety for that meeting. Commissioner Willhoit questioned receiving additional public comments tonight and Geoffrey Gledhill indicated that the public hearing was held open to receive the Planning Board's recommendation and not to receive additional evidence. If the Board wants to receive additional public comment that would be received as evidence, they need to adjourn the public hearing and take some action to resurrect the public hearing for that purpose. The Board agreed to receive additional comments but not for the purpose of receiving additional evidence in the decision that is before them. Callie Warner stated that fifty people came to her house last evening to voice their concerns and oppose the amendment that is before the County Commissioners tonight. She stated that they are not opposed to development. However, they are shocked that this land along Old N.C. 10 and New Hope Church Road is even being considered for urban development. They were under the impression that these 650 acres of R-1 could support at most 400 houses after perk tests and road improvements. This zoning change would allow a town of 1300 homes bringing in approximately 4,000 people and is being presented as a better choice than the piecemeal development that the County has had thus far. She does not feel that this is in keeping with the rural character of the area. She feels that their quality of life would be devastated with the impacts that this type of development would cause. She emphasized that many people did not know about the public hearing and did not realize that this would be their only opportunity to voice their opposition 4 to this request. She requested a postponement of the decision tonight and asked that another public hearing be held so that they can voice their concerns in opposition to this development. They feel this density is too great for this area. They are not opposed to a smaller scale planned development. Paul Andrew, President of the Windy Hill Farm Homeowners Association, spoke in support of Callie Warner's statement. They are not opposed to development but feel this is an inappropriate development for rural Orange County and is out of character for rural Orange County. He asked that they delay their decision until the Rural Character Study is approved. Bob Strayhorn stated he would not be opposed to this development if the County adopts the rural character strategies first. In answer to questions from Commissioners Halkiotis and Gordon, Marvin Collins stated that the County has an agreement with the Town of Hillsborough. One provision in that agreement is that the Town of Hillsborough will not annex any property within the open space area which has been designated around the town. As it presently stands, they cannot annex any developments that are approved under the County's jurisdiction within that open space area. The City of Durham cannot annex within this area. The real issue related to annexation and whose jurisdiction this project stays under centers around what happens if this property is changed to a transition designation ahead of the rural character strategies and ahead of any land use plan for the cooperative planning area. He feels that because the County has an agreement with the Town of Hillsborough and because there is a map attached to that agreement that identifies transition and open space areas, that even if this were changed to transition at this time, the County would still have to go to Hillsborough and ask that the map and agreement be changed in order for this project to qualify for annexation. If the County does not change the map that is part of the Hillsborough agreement, then it stays in the County's jurisdiction and Hillsborough could not annex it. Changing this designation to ten year transition is viewed by the Planning Staff as an interim solution. The applicants plan to comply with the strategies of the rural character study -- 60$ open space and 1.74 units per gross acre. This project will not become an issue in the future but will stay open space and in the County's jurisdiction. Commissioner Willhoit expressed concern that this project assumes that the rural character strategies will be adopted as is and that may not be the case. He feels that the citizens should have input on the rural character plan and then apply that plan to this area and receive input from the citizens again in that context. He asked that when this proposal is brought back that it include the impact on the schools in this area and how this will be addressed. In answer to a question from Commissioner Insko, Marvin Collins explained that the densities for the rural buffer around Chapel Hill are between 1 unit per acre and 1 unit per two acres. In the rural character strategies for the rest of the county, originally they were talking about permitting rural villages, which is the same concept as this planned community. The density being considered was lowered. Then the rural character committee changed directions and instead of allowing the planned communities or rural villages anywhere in the county, they identified areas where they potentially should go and one of the areas was the Hillsborough open space area. One of the factors they took into account was the high cost 5 of the property and that the density would need to be increased to make it workable from a financial standpoint. They also took into account the discussion of the transit corridors. They focused on the need for high density developments because the higher density would help support the transit system. The density of 1.74 is much lower than any kind of density required to support a transit system. The village itself may have the density that can support a system but when spread out over the entire development it would not. Commissioner Insko asked for a fiscal impact analysis on the tax base that a development like this would have. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adjourn this item to November 23, 1992 for the purpose of receiving additional public comments and additional information. The transition area change portion of the public hearing will be advertised. VOTE: UNANIMOUS D. Z-3-92 ZONING ATLAS AMENDMENT - BRENDA CAROL AND DONALD WAYNE COMBS This rezoning request is being made to correct an apparent error in the Zoning Atlas. The applicant alleges the rezoning will correct an error in the Zoning Ordinance, in that the property was used for the storage of junked motor vehicles prior to the zoning of Bingham Township in 1981. Planning Staff has been unable to substantiate the applicant's claims through the examination of aerial photos. The Planning Staff recommended to the Planning Board that they recommend to the Board of Commissioners the disapproval of the request to rezone 1.84 acres. The Planning Board recommends that the 200' x 200' lot be rezoned to Existing Commercial (EC-5). The day following the Planning Board meeting, they received a letter from a person unable to attend the public hearing. The administration feels that the substance of this letter is enough to recommend to the Board of Commissioners that the Combs rezoning request be referred back to the Planning Board for them to consider the new information that has been received. Bart Lloyd, Jr., stated that four of the five who own property directly adjacent to the Combs' property have signed a petition which states their opposition to the rezoning. They petition the Board of Commissioners to uphold the Planning Staff findings and recommendation. They feel that the absence of automobiles in the photographs taken in 1981 and 1982 is sufficient evidence to repute claims that the property was used for commercial activity. He questioned the use of a garage on the property and the use of paid labor. Linda R. Noonan stated that she sees no reason for granting the rezoning. The area that is proposed for rezoning is not directly adjacent to her land. However, the land that has been cleared of topsoil and trees is directly adjacent to her land. It was suggested to Mr. Combs that he could not store automobiles there and that he needed to replant that area. As of today, there are automobiles on that area and no vegetation. There are cars stored in an area on this property that is not considered for rezoning. Motion was made by Commissioner Insko, seconded by Chair Carey to refer this rezoning request back to the Planning Board to consider new information received, and that the public hearing be continued to November 2, 1992, at which time a Planning Board recommendation will be considered. VOTE ON THE MOTION: UNANIMOUS 6 ADDED ITEM E. PUBLIC FORUM ON THE SCHOOL BOND Commissioner Willhoit stated he feels there needs to be a more concerted effort to provide an opportunity for dialogue on the bond issue. He proposed that there be two forums with one in the Hillsborough area and one in the Chapel Hill-Carrboro area. He would like the county to provide a mechanism for questions by the general public to be answered. His main concern is that there is a lot of misinformation being circulated and a public meeting would help clarify the issues. He suggested that the first two hours of the Board's regular meeting scheduled for October 20 be devoted to a forum on the bond issue. Chair Carey suggested that the public be encouraged to raise their questions directly with the school boards rather than with the County Commissioners. Most of the information being circulated has been prepared by the schools. Commissioner Gordon suggested that these forums be coordinated with what the bond committee is doing. She did not agree with having the forum on a regular board night. John Link indicated that there is a lot of misinformation being distributed. He feels that these specific allegations need to be addressed. It was decided that this request would be made to the bond committee by the County Manager. The dates will be coordinated with the bond committee and the two school boards. IX. BOARD COMMENTS Commissioner Halkiotis indicated he was disturbed when reading about a teenager who "died as car plunges into the Eno." The article stated that Mayor Horace Johnson indicated that this was the third person to lose control near a dilapidated wooden bridge over the Eno River since the realignment of Eno Mountain Road three years ago. It further indicated that the Orange County Commissioners delayed the project that would have replaced this bridge. Commissioner Halkiotis emphasized that this is a Department of Transportation function and not the function of the County. Either the newspaper or the Mayor is in error and a retraction needs to be pursued. Another story in the Chapel Hill Herald stated that the landfill siting issue is in the County Commissioners court and no action will take place until they approve the testing. However, Chapel Hill could proceed without the County's approval if it so desires. Commissioner Halkiotis indicated that the landfill issue does not need to be made into a game. It is serious and everyone needs to be sensitive to what the citizens who live near the potential landfill sites feel. He asked that this not turn into a political basketball game. It is important to consider those who live near these potential sites. Commissioner Gordon stated that the Department of Transportation will begin their hearings on the TIP in November. She recommends that Gene Bell be allowed to update and work on the County's presentation. She offered to work with him on this. X. COUNTY MANAGER'S REPORT - NONE XI. APPOINTMENTS - NONE XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for August 3, 1992 as corrected. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for August 24, 1992 as corrected. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - LITIGATION Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adjourn to Executive Session to discuss litigation. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on October 20, 1992 at 7:30 p.m. in the OWASA Community Meeting Room in Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk