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HomeMy WebLinkAboutMinutes - 199211021, . 1 APPROVED 12-7-92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONER REGULAR MEETING MONDAY, NOVEMBER 2, 1992 The Orange County Board of Commissioners met in Regular Session on Monday, November 2, 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 Rod Visser and Albert Kittrell, Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Zoning Enforcement Officer Jim Hinkley, County Engineer Paul Thames and Planner Mary Willis. 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 Item 8-E "Advertisement for the November 23, 1992 Quarterly Public Hearing" was moved to the top of the items for decision. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey indicated that those 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 - NONE PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to approve the items on the Consent Agenda as listed below. A. SMALL BUSINESS AND TECHNOLOGY DEVELOPMENT CENTER CONTRACT The Board approved and authorized the County Manager to execute the contract with the Small Business and Technology Development Center to provide assistance to small businesses. B. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY -- ESTABLISHMENT OF PUBLIC HEARING DATE The Board established December 7, 1992~as a public hearing date to receive citizen comments on the Comprehensive Housing Affordability Strategy Annual Plan for 1993 and the Annual Performance Report for Orange County. 2 C. MARK R. SCHIILZ AND LORI A. VENTURA - PARTIAL WIDTH RIGHT-OF-WAY Mark Schulz and Lori Ventura made a request to subdivide their 4.52 acre tract into two lots so they could convey the rear lot to the Eno River Association. The Board approved a partial width right-of-way of 25 feet for a private easement since the location of existing structures preclude the provision of the full 50 foot right-of-way. D. LIZZIB FRANKLIN - PARTIAL WIDTH RIGHT-OF-WAY Lizzie Franklin made a request to create a 40,000 square foot lot out of a 6.94 acre tract. The property is located north of Harmony Church Road. The Board approved reducing the right-of-way to the existing 30 feet because an adjacent property owner will not grant additional right- of-way . E. WINDY HILL MEADOW - PRELIMINARY PLAN The Board approved the Preliminary Plan for Windy Hill Meadow subject to the conditions contained in the Resolution of Approval. The property is located in Little River Township on the north side of Schley Road. Eight lots are proposed out of 8.5 acres. The property is unzoned, however, in the Land Use Element of the Comprehensive Plan, the property is designated Agricultural Residential and Water Supply Watershed. A public road is proposed. F. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - PERMITTED USE TABLE; ACCESSORY STRUCTURES IN RESIDENTIAL DISTRICTS; MOBILE/MANUFACTURED STRIICTURE; DEFINITIONS This item was removed from the Consent Agenda and considered at the end of the Consent Agenda. G. SPECIAL MEETINGS- ASSEMBLY OF GOVERNMENTS AND BOCC GOAL SETTING The Board approved two special meetings: (1) November 19, 1992 for an Assembly of Governments Meeting at 5:30 at the Homestead Community Center in Chapel Hill, and (2) December 12, 1992 at 8:30 a.m. at the Homestead Community Center in Chapel Hill. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEM REMOVED FROM THE CONSENT AGENDA F. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - PERMITTED IISE TABLE; ACCESSORY STRUCTURES IN RESIDENTIAL DISTRICTS; MOBILEfMANUFACTURED STRUCTURES; DEFINITIONS Commissioner Gordon questioned how these structures would be different from storage sheds. Planner Mary Willis stated that the storage sheds would be those purchased from a retail store and set on the property. These structures in this text amendment would be those that are assembled on site. In the building code there are different types of seals which would distinguish these two types of structures. The minimum size for a mobile home classification would be 8'x32'. If the seals are removed and it is questionable as to what the structure was, it would be referred to the building inspector for determination. Ms. Willis noted that this amendment is in response to a zoning violation. It is to specifically address those structures which are not mobile homes. These structures don't have wheels on the bottom, they have one door and maybe one window, 3 and they are smaller than a mobile home. Commissioner Gordon suggested holding this amendment until the home occupation concerns are addressed. One compromise is to approve this amendment in the AR district and wait on the R-1 and RB districts until the home occupation standards are developed. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to table this item. VOTE: UNANIMOUS IV. RESOLUTIONSJPROCLAMATIONS A. PROCLAMATION OF NOVEMBER 29 THROUGH DECEMBER 5, 1992. AS HOME CARE WEER IN ORANGE COUNTY A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to proclaim November 29 through December 5, 1992 as Home '.Care Week in Orange County as stated below: P R O C LAMA T I O N The citizens of Orange County have benefited from the advantages of home care for decades. As an alternative to institutional care, home care fosters a sense of independence and self-respect by affording patients the right to receive services in the comfort of their homes, with the reassurance and companionship of family and friends. Through the dedication and caring of Orange County home care providers and caregivers, a wide variety of home care services are available to our citizens. Home care allows quality care to be brought to all those in need: the young and old, indigent and wealthy, urban and rural. By caring for the individual at home, home care not only strengthens the family bond, but serves as a cost-effective method of care by avoiding unnecessary institutional care. Home care providers are recognized for their meaningful work with our ill and disabled citizens. Through the special relationships formed between patient and caregiver, a better quality of life and sense of dignity are achieved by many Orange County residents each year. NOW, THEREFORE, the Orange County Board of Commissioners, do hereby proclaim November 29 through December 5, 1992 as "National Home Care Week" in Orange County and urge our citizens to recognize the efforts of home care providers and the families and friends of the elderly and disabled who provide important services in the home. VOTE: UNANIMOUS B. PRESERVATION OF RAIL CORRIDORS AND GRADE SEPARATED CROSSINGS RESOLUTIONS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adopt the two resolutions as stated on the next page: 4 RESOLUTION ENDORSING EFFORTS TO PRESERVE ALL RAIL CORRIDORS WITHIN DURHAM, ORANGE AND WAKE COUNTIES WHEREAS, in 1989 the Boards of Commissioners in Durham, Orange and Wake Counties each passed resolutions creating the Research Triangle Public Transportation Authority, (d/b/a Triangle Transit Authority); and WHEREAS, in accordance with Chapter 160A, Article 26 of the NC General Statutes, the Triangle Transit Authority was chartered as a unit of local government by the Secretary of State on December 1, 1989; and WHEREAS, the Triangle Transit Authority was created to finance, provide, operate and maintain a safe, clean, reliable, convenient, energy efficient, economical and environmentally sound public transportation system for Durham, Orange and Wake Counties; and WHEREAS, with the support and funding of the State and local units of government, the Triangle Transit Authority will be receiving a Federal Transit Administration grant to initiate planning for a future fixed guideway transit system as a component of a multi-modal public transportation system; and WHEREAS, the work associated with this grant will identify potential fixed guideway transit corridors which will undergo further evaluation during the Federal Transit Administration Major Capital Investment Planning Process which may follow this study; and WHEREAS, all active and inactive rail corridors throughout the three county area have the potential of functioning as part of the network for the multi-modal public transportation system; and WHEREAS, the multi-modal public transportation system may include corridors, rights-of-way and/or easements which permit pedestrian access, non-motorized and motorized vehicular transportation; and WHEREAS, the removal of grade separated crossings in corridors and potential rights-of-way diminishes the ability and value of the corridor or right-of-way to function within the network. NOW, THEREFORE, be it resolved by the Orange County Board of Commissioners, that: 1. The Orange County Board of Commissioners fully endorses efforts to preserve all rail corridors within Durham, Wake and Orange Counties. 2. The Public Transportation and Rail Division of the NC Department of Transportation is commended for their current efforts and encouraged to continue to work on the preservation of all active and inactive rail corridors for use as part of the network of the multi-modal public transportation system. 5 3. The NC Board of Transportation is encouraged to use Enhancement funds authorized by the Internodal Surface Transportation Efficiency Act of 1991 to purchase the Durham to Timberlake and Durham to I-40 (including the American Tobacco Lead) corridors for future expansion of the public transportation system. 4. State agencies and units of local government are encouraged to participate in the preservation of rail corridors and other such rights-of-way to which may provide current and future pedestrian access and non-motorized vehicular linkages to the multi-modal public transportation system. RESOLUTION ENDORSING EFFORTS TO PRESERVE ALL HIGHWAY RAILROAD GRADE SEPARATIONS WITHIN DURHAM, ORANGE AND WAKE COUNTIES WHEREAS, the Triangle Transit Authority was created to finance, provide, operate and maintain a safe, clean, reliable, convenient, energy efficient, economical and environmentally sound public transportation system for Durham, Orange and Wake Counties; and WHEREAS, with the support and funding of the state and local units of government, the Triangle Transit Authority will be receiving a Federal Transit Administration grant to initiate planning for a future fixed guideway transit system as a component of a multi-modal public transportation system; and WHEREAS, the Triangle Transit Authority Board of Trustees has established a policy encouraging the preservation of all active and inactive rail corridors for use as part of the network of the multi-modal public transportation system; and WHEREAS, the removal of grade separated crossings in corridors and potential rights-of-way diminishes the ability and value of the corridor or right-of-way to function within the network. NOW, THEREFORE, be it resolved by the. Orange County Board of Commissioners that: 1. The Orange County Board of Commissioners fully endorses efforts to preserve all highway railroad grade separations for all active and inactive rail lines within Durham, Wake and Orange Counties. 2. The General Manager is directed to work with the North Carolina Railroad, the CSX Transportation Company, the Norfolk and Southern Railroad Company and the North Carolina Department of Transportation to preserve current grade separations and to discourage new at-grade crossings of rail lines. VOTE: UNANIMOUS 6 V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. CONTINUATION OF PUBLIC HEARING - NOT FOR CITIZEN COMMENTS 1. PD-2-92 HEARTWOOD AT BLACRWOOD STATIONfPHASE 3 Planner Mary Willis stated that the applicants are considering revisions to the plans in response to concerns raised at the public hearing held on August 23, 1992. They have requested that action on the project be delayed until issues regarding the use of Duke Forest property are resolved. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to adjourn this item to the February 23, 1993 quarterly public hearing. If there are significant changes made to the Planned Development, then it will be readvertised for presentation at the public hearing. If significant changes are not proposed the project will be presented to the Planning Board for a recommendation at its January meeting and to the Board of Commissioners on February 23, 1993 for a decision. VOTE: UNANIMOUS VII. REPORTS A. 1991-92 COMPREHENSIVE ANNUAL FINANCIAL REPORT John Link stated that this report covers all financial activity of the County for the fiscal year 1991-92. Presentation of this report fulfil',ls the requirements set forth in G.S. 159-34 of the North Carolina General Statutes. The Board received this report for information only. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. Z-3-92 ZONING ATLAS AMENDMENT - BRENDA CAROL AND DONALD WAYNE COMBS The applicants have requested a rezoning as a means to resolving a zoning violation involving the illegal operation of a motor vehicle salvage and repair business and the storage of junked motor vehicles. Planning Staff has been unable to substantiate the applicant's claims of a pre-existing business through the examination of aerial photographs. This rezoning was presented at public hearing on August 24, 1992. The Planning Board at its regular meeting on September 21, 1992 found (1) that there was a commercial business on the property on September 2, 1981, the date when zoning, was adopted for Bingham Township, (2) that the nature of the existing business was commercial automotive repair and outdoor storage of junked motor vehicles, (3) that if the County had known about the use at the time zoning was adopted, it would have zoned the lot located 597.22' to the west of Ferguson Road measuring 200.35' x 200' and (4) that the commercial operation of automobile repair and salvage has been in continuous operation since the Zoning Ordinance was adopted for Bingham Township on September 1, 1981. Additional information from Dr. Linda R. Noonan was received on September 22, 1991. On October 5, 1992 the County Commissioners referred the case back to the Planning Board to consider new evidence. At the October 19, 1992 Planning Board meeting, they considered this new evidence. The Planning Board found that the new evidence added no more t'o that which had been heard before and recommended that the 200.35' x 200' lot be rezoned to EC-5 Existing Commercial. The applicant Wayne Combs stated that when he bought the property, he was told by his attorney that what he planned to do was okay. Barton Lloyd stated that the question is how many cars were stored on this property in 1981 when the Combs' purchased the property. According to aerial photographs there were no cars on this property. If there were cars stored around the ball diamond as indicated then he feels that may justify a rezoning for one-third acre only. He asked the Board of County Commissioners to be very specific in asking Mr. Martin where the cars were on this property in 1981. Kenny Martin spoke in support of this request. He stated that there were 30 cars stored on this property in 1981 around the ball diamond. Robert Smith, Attorney for Wayne and Brenda Combs, stated that the Planning Staff's opposition is solely based on photographs. There has been testimony from numerous witnesses who have made it very clear that cars have been stored on this property for sometime. He noted that the cars cannot be seen from the road or from other adjoining property owners. He asked the Board to approve this rezoning. Commissioner Halkiotis expressed a concern about contamination. Mr. Combs explained that all fluids are drained from the cars. Commissioner Gordon noted that there is no evidence to show that cars were stored on this property in 1981 and if there were cars stored there it would not necessarily constitute a business. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to close the public hearing. VOTE: UNANIMOUS Motion was made by Commissioner Insko, seconded by Chair Carey to approve rezoning to EC-5 Existing Commercial the lot referenced that measures 200.35' x 200' based on the findings of the Planning Board as listed on page 5 of the agenda abstract. VOTE: AYES, 2; NOES, 3 (Commissioners Gordon, Halkiotis and Willhoit) Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to deny the rezoning request based on the conclusions on page 5 and supported by the eight (8) findings listed on pages 2, 3, and 4 of the agenda abstract. VOTE: AYES, 2; NOES, 3 (Commissioners Halkiotis, Insko and Carey) Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to reconsider this item based on the findings of the Planning Board. VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve rezoning the lot referenced that measures 200.35' x 200' to EC-5 Existing Commercial based on the findings of the Planning Board as listed on page 5 of the agenda abstract. VOTE: AYES, 3; NOES, 2 (Commissioners Gordon and Willhoit) 8 B. FEATHERWOOD PHASE II - PRELIMINARY PLAN Mr. Glen Veit stated he feels the private road request is in complete compliance with the private road standards. The Planning Board approved this subdivision with a private road. It has been designed for a private road. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to reconsider this item and direct the staff to bring this back to the County Commissioners with a private road and conditions that would assure. that the trees would remain. This motion does not rescind the action that was taken on August 3, 1992 by the County Commissioners. VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) Commissioner Gordon noted she feels the private road standards need to be reconsidered which will allow the County Commissioners to consider specific conditions. C. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM (TIP) Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to endorse the proposed transportation system improvement request as presented and that Chair Carey or his designee attend the TIP hearing and speak in support of identified transportation improvement needs. VOTE: UNANIMOUS D. CONNECTION OF RANCOR, INC. TO EFLAND SEWER SYSTEM Rancor, Inc. is a company located on US Highway 70 between Mebane and Efland. They propose to expand its facility within its existing site by replacing its existing building with a new, larger building. The proposed expansion of the existing facility requires that the Rancor site be served by a public sewer utility. Provision of sewer service to the site requires that a pump station be built on the site and a force main be extended approximately one mile to the Efland sewer system. The force main must be placed within the right-of-way of Highway 70. The NCDOT standard conditions for project approval will require that Orange County assume ownership/maintenance responsibility for the portion of the force main which is to be placed in the Highway 70 right-of-way. The County's agreement, in principal, to the sewer service proposal reassures Rancor that the proposed expansion is a viable project, in terms of the regulatory approval process. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to agree, in principal, to: a) allow Rancor to be serviced by the Efland sewer system via a sewer force main, which Rancor agrees to construct to standards set by the NC Division of Environmental Management and by Orange County; and b) accept ownership/maintenance responsibility for the portion of the force main lying within the right-of- way to US Highway 70. VOTE: UNANIMOUS E. ADVERTISEMENT- NOVEMBER 23, 1992 QUARTERLY PUBLIC HEARING Planning Director Marvin Collins presented for Board consideration the legal notice and items for discussion at the quarterly public hearing scheduled for November 23, 1992. The three items are (1) 9 Rural Character Strategies, (2) Comprehensive Plan Amendments for University Station and Proposed Open Space Development Area Land Use Plan Category and (3) Zoning Atlas Amendments for Hancor, Incorporated. Mr. Collins noted that the Planning Board at its October 19, 1992 meeting voted to recommend that the public hearing be expanded to cover a two-day period (November 23-24) instead of one and that the order of items be as follows: 1. Rural Character Strategies 2. Creation of Open Space Development Area Land Use Plan Category; and 3. University Station Petitions from residents who live in the vicinity of the University Station project have also been received asking that these two items be heard on separate nights. Mr. Collins provided the Board with a schedule showing alternative dates (November 23 and 30) on which to hear the two items and timelines for when the Planning Board would consider the items and when they would be brought back to the County Commissioners for a decision. December 1 is also a possible date for the second public hearing. Commissioner Gordon requested the implementation schedule for the rural character strategies. Mr. Collins made reference to the new category of open space development area and noted that they have attempted to include this as well as zoning districts which would match up with that land use plan category so that it would be viewed as an interim step. For example, if the Board established a new land use plan category and University Station was placed in that category, it could then apply for one of three zoning district designations. The controlling factor which would be in the land use plan amendment itself would be the stipulation that the densities could not exceed those that are adopted as part of the rural character strategies. Lindsay Efland spoke in support of holding two separate meetings as presented above. Fred Maske asked that the Board not rush their decision on the rural character study. Buffy Maske expressed a concern for the wildlife in the area that will be affected by development. Callie Warner spoke in support of holding two public hearings. She feels the issue of whether or not golf courses constitute open space needs to be fully explored. She asked that the County Commissioners not rush the process. Mr. Lee asked that the citizens be given additional time to look at all the issues associated with this proposed development. Arthur Cogswell spoke in support of holding two public hearings. Curtis Bain expressed concern about water and sewer service for the development. He asked that a fence be placed between the University Station development and his property. Mr. Collins clarified that the public hearing on University Station is to consider the specific project only in the sense that the Planning Staff was asked to address the impacts of the development. The Board will not be asked to approve the project. That approval will come later. If the land use plan amendment for University Station is approved, 10 the next step would be to have a public hearing on a planned development application at which time the specific site plan would be considered by the County Commissioners. If the Board approves the University Station land use plan amendment on February 1, on that same agenda would be another abstract setting the public hearing for the February quarterly public meeting. One of the items on that agenda could be the planned development application for University Station. If this happens, the Planning Board would consider it in March and the earliest the County Commissioners could consider it would be the first meeting in April. In answer to a question from Commissioner Gordon, Mr. Collins stated that University Station could be approved under the current ordinance as a planned development but the only basic control would be two units per acre unless it was linked someway with the strategies which sets the ceiling of 1.74 and requires a 60$ open space. Commissioner Willhoit noted that because of the concerns expressed by those who live in the University Station area, he recommends that the County undertake a dispute resolution process involving the major stakeholders in this issue. Participants would include two to three members of the neighborhood, the developer and members of the Rural Character Committee, plus staff support. The basic question to be addressed is "In regard to the University Station proposal, is he rural village development scenario more desirable than the development that could result under the current zoning?" Also, other concerns would be identified and addressed. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the schedule listed as alternative #2 with the public hearing on the Rural Character Strategies, the proposed Open Space Development Area Land Use Plan Category and the Zoning Atlas Amendment for Hancor on November 23, 1992 at 7:30 p.m. in Superior Courtroom and the public hearing on the Comprehensive Plan Amendment for University Station on December 1, 1992 at 7:30 p.m. in Superior Courtroom in Hillsborough, North Carolina. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve forming a dispute resolution process involving those listed above and others as deemed necessary with the County Manager implementing the process. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the two public notices as presented. VOTE: UNANIMOUS IX. BOARD COMMENTS - NONE R. COUNTY MANAGER'S REPORT - NONE 11 XI. APPOINTMENTS COMMISSION FOR WOMEN Motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint Judy Woodall for a term ending December 31, 1995. VOTE: UNANIMOUS HUMAN SERVICES ADVISORY COMMITTEE Motion was made by Commissioner Insko, seconded by Commissioner Gordon to appoint Robert G. Schmidt and C. Page Fisher for terms ending March 31, 1994. VOTE: UNANIMOUS YOUTH SERVICES NEEDS TASK FORCE Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to appoint Michael Andrews and Thomas Metzguer for terms ending December 31, 1995. VOTE: UNANIMOUS ANIMAL CONTROL/SHELTER STUDY COMMITTEE Appointment of the following citizens to serve on this Committee was done by written ballot_ NAME REPRESENTATION Ms. Judith Jones AT-LARGE Ms. Barbara Doermann AT-LARGE Ms. Frances Douglass AT-LARGE Ms. Sheri Nutter AT-LARGE Ms. Alice D. White AT-LARGE Mr. Don Liner APS Ms. Catherine Martin Town of Hillsborough Mr. C. William Davis Town of Chapel Hill Ms. Judy Sams Town of Carrboro Lindy Pendergrass Sheriff's Office Don Willhoit County Commissioners XII. MINUTES Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the minutes for August 18, 1992 as presented. VOTE: UNANIMOUS Motion was made by Commissioner Gordon., seconded by Commissioner Insko to approve the minutes for October 14, 1992 as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SE88ION - NONE XIV. ADJOURNMENT With no further items adjourned the meeting. The 17, 1992 at 7:30 p.m. in the Carolina. Beverly A. Blythe, Clerk for the Board to consider, Chair Carey next regular meeting will be held on November OWASA Meeting Room in Carrboro, North Moses Carey, Jr., Chair