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HomeMy WebLinkAboutMinutes - 19921123Approved: 12-7-92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD NOVEMBER 23, 1992 The Orange County Board of Commissioners and the Orange County Planning Board held a Quarterly Public Hearing on November 23, 1992 at 7:30 p.m. in the Superior Courtroom, New County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., Commissioners Verla C. Insko, Stephen Halkiotis, Alice M. Gordon and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Jahn Link, Planners Mary Willis, Emily Cameron, Gene Bell and David Stancil, Planning Director Marvin Collins, Economic Development Director Ted Abernathy, County Engineer Paul Thames, Clerk to the Board Beverly Blythe, and Deputy Clerk to the Board Kathy Baker. PLANNING BOARD MEMBERS PRESENT: Chair Carol Cantrell, and Members Paul Hoecke, Joan Jobsis, Bill Waddell, Jr., James Gray, Elizabeth Eidenier, Kent Scott, Clinton Burklin, Jean Hamilton, Virginia Boland, and Larry Reid. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. NOTE: THE PUBLIC HEARING ITEMS PRESENTED AT THIS MEETING WILL BE LEFT OPEN UNTIL THE PLANNING BOARD'S RECOMMENDATION IS RECEIVED BY THE BOARD OF COUNTY COMMISSIONERS. A. OPENING REMARKS County Manager John Link gave an update on the tornado that hit Hillsborough at about 2:30 a.m. on November 23rd B. PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. C. PUBLIC HEARING ITEMS 1. PROPOSED RURAL CHARACTER STRATEGIES Planning Board Member and Chair of the Rural Character Study Committee Clint Burklin welcomed everyone and acknowledged the committee members for all of their dedicated work. He asked that speakers offer concrete suggestions on how to improve this plan. This item was presented by David Stancil for the purpose of receiving citizen comment on the recommendations of the Rural Character Study Committee. In summary, since November 1987, the Rural Character Study Committee has been studying strategies and development options which would preserve open space in the rural portions of the County. In September 1990, the Committee began developing strategies for those portions of the County outside municipal planning jurisdictions and the Orange County-Chapel Hill- Carrboro Joint Planning Area. The strategies developed by the Committee over the past two years attempt to balance resource protection and land development interests through managed 2 growth and the preservation and protection of agriculture, managed forestry, natural resources and visual resources. The management of growth and the creation of flexibility for property owners are also goals of the study. On November 12, the Committee agreed upon a set of recommendations and presented the package at the public hearing for comment and feedback. A citizen information session was held on November 17 to preview the presentation and answer questions from the public. Sixteen people attended this session. The Committee's recommendations are included in the "Conceptual Guidelines for Rural Orange". A summary sheet of recommendations is also provided. In the package, the Committee recommends two broad administrative actions to implement their findings. 1. The Committee recommends the creation of a Rural Character Element of the Comprehensive Plan, as allowed under Section 2 of the Zoning Ordinance. This element would contain the Committee's findings, goals and action strategies and incorporate them into County policy. 2. The Committee recommends a series of six development options that serve as a catalyst for the Committee's program, representing ways to encourage rural character protection through flexibility and environmentally-sensitive design. The Committee recommends that these development options be incorporated into the County Zoning Ordinance and Subdivision Regulations - with the creation of a Rural Orange Design Guidebook as a resource for rural character-enhancing development. The development styles represent an attempt to expand upon current standards and introduce incentives for using new options which result in open space as a part of the development plan. As a part of the overall strategy, the current zoning density of 40,000 square feet in most rural areas would be changed to a range of densities from 10,000 square feet in a planned community to 200,000 square feet in large-lot development. The base conventional development density would be reduced to 80,000 square feet (1.74 acres). However, density bonuses, the use of private roads, and in some cases, access to water and sewer service would be available to those developments which preserve floodplains, wetlands, natural areas, historic/archaeological sites, farmland, and/or forest land. Proposals are also made for preparing plans for Rural Crossroads and Rural Community Centers, including the active participation of community or area residents. The rural character strategies are presented tonight in concept form as the first step in the process. Approval of these rural character strategies and development options in concept form by the Board of Commissioners will provide the basis for preparation of ordinances and plan amendments to implement the strategies. These amendments will be presented at a subsequent public hearing, along with the Rural Orange Design Guidebook - illustrating how to use and apply the development options to protect rural character. BOB STRAYHORN, a member of the Rural Character Study Committee (RCSC), indicated that he was a resident of the New Hope Community. He mentioned that although he was interested in keeping the rural character of the county, compromises must be made. He indicated that the committee's recommendations offer a way to sell a portion of your land without having to sell all of it to a developer. It should be the owners option as to how they use their open space. Incentives are being offered to the land owner which encourage them to set higher standards for their land. LIVY LUDINGTON stated that she is working with the Triangle Land Conservancy and is a member of the RCSC. She stated that the Rural Character Study Committee realizes that the issues surrounding the use of open space and the concept of a rural village are controversial. They welcome citizen comment and hope that constructive suggestions are offered. 3 GAROLE CRUMLEY, a member of the RCSC and the Solid Waste Task Force indicated that she believes consensus needs to be reached. She asked for respect for the hard work and long hours this committee has worked over the years. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD In response to a question from Commissioner Gordon, Clint Burklin indicated that many meetings were held with members of the various Township Advisory Councils (TAC). He also indicated that TAC members were specifically invited to each meeting. Information gathered at the meetings with the TAC members was used to determine goals and strategies. COMMISSIONER INSKO thanked the RCSC for the work they have done and mentioned that this plan has many positive qualities. It is important to preserve the quality and character of Orange County. Strong regulations will be required to protect against future zoning increases in the number of allowable units per acre. In response to a question from Clint Burklin, Geoff Gledhill indicated that dedicated open space can be protected in three ways: (1) development rights may be permanently transferred or deeded to the Triangle Land Conservancy, (2) purchasers may be awarded a legal right to the preservation of the open space of the development, or (3) the developer of the project agrees not to change the land use. Gledhill also stated that the Board of County Commissioners can not be committed to certain actions 20 years into the future, however, land owners have presented successful court cases which have stopped developers from using "set aside" land. QUESTIONS AND/OR COMMENTS FROM CITIZENS MICHAEL WARNER stated that he is in agreement with the mission of the Rural Character Study Committee. Density determines what is rural or urban. His research indicates that 15 units per one hundred acres is the norm in rural Orange County and 47 units per 101 acres is the norm in Chapel Hill/Carrboro. He spoke in opposition to the Planned Community option and the one-half acre open space development. A copy of his comments and the back up material is located in the Permanent Agenda File in the Clerk's office. ROY W. ROTH spoke in opposition to the Planned Community option. He indicated that it is a neo-traditional village and does not preserve the rural character. A copy of his comments are in the Permanent Agenda File in the Clerk's office. ROBERT NUTTER, a dairy farmer, spoke in support of the committee's recommendation. PAUL ANDREWS, a rural Orange County resident, spoke in support of Options 1 through 4 and against Option #6, the Planned Community option. He indicated that this is a social experiment which is not in the best interest of the community. ROBERT HARRELL expressed pride in Orange County for undertaking this study. He asked that the Planned Community option be deleted. CINDY IDOL commended the county for the farsighted approach to land use. She asked that zoning changes be carefully considered so that the rural character of the County is preserved. 4 CHERIE ROSEMOND spoke in opposition to the Planned Community Option. She expressed support for the remainder of the Study. LES RAY, a former member of the RCSC and a dairy farmer, indicated that his family has lived in Orange County for over 300 years. They are a part of the land and the land is a part of them. He spoke on behalf of the landowners need to sell or develop land they have had stewardship over. He supports the plan in general but asked that open space be clearly defined. He also indicated that the higher densities would not allow farm land to survive. He requested that special attention be given to the protection of the watershed. Farmers generally use pesticides more wisely then golf course operators and home owners and water quality must be the County's first priority. ALLEN SPALT commended the County and the RCSC for their hard work. He indicated that he is concerned about the higher density development. Open space needs to be defined excluding golf courses and other developed land. A copy of his statement is in the Permanent Agenda File in the Clerk's office. ROBERT CANTWELL spoke in opposition to the Planned Community option. He asked that it be excluded from the plan. AL JOHNSON, a New Hope Church Road resident, indicated that although increasing the number of homes per acre would increase the tax revenue for the county, it would also increase the need for services. He asked that the higher density strategy be removed from the plan. CARL WALTERS indicated that he has designated his farm as an Agricultural District. He mentioned that the landfill and the reservoir have both threatened his land in the recent past. He also indicated that he believes that low density subdivisions increase his share of the property tax unless the homes are in the higher price range. JANE MASKE spoke in opposition to the Planned Development option. Her statement is in the permanent agenda file in the Clerk's office. JENNIFER MILLER spoke in opposition to the Planned Development option. She asked that the impact on the schools be considered. Her written statement is in the permanent agenda file in the Clerk's office. A fact sheet on the Farmview Community in Lower Makefield Township, Pennsylvania. is in the permanent agenda file in the Clerk's office. CALLIE WARNER spoke in opposition to the Planned Development option. She indicated that water and sewer would be required for this option. She asked that the County not consider golf courses as open space. A copy of her statement is in the permanent agenda file. LEE REFALOW stated that there are both urban and rural areas in Orange County. He asked that rural strategies not be used to manage urban growth. ALAN SEIFERFELD spoke in opposition to allowing golf courses and driving ranges to be considered open space. He asked that the Planned Community option be removed from the list of options. NEIL BANERJEE spoke in support of the goals of the Rural Character Study Committee; however, he indicated that they are on the wrong path with this plan. Voluntary compliance 5 is naive because profit, rather than protection of the rural character, will be the goal of many developers and land owners. He asked that the Planned Community option be eliminated. LARRY BOHS spoke in support of the plan in general, however, he asked that the Planned Community option be excluded. His statement in its entirety is in the permanent agenda file in the Clerk's office. DEBBIE LEONARD spoke in opposition to the Planned Development option. BEN LLOYD stated that Orange County needs economic development to increase the tax base. He stated that the property owners have rights which need to be protected by the County. BARBARA ROBERTSON spoke in opposition to the Planned Development option and asked that golf courses not be used as open space. VIC KNIGHT indicated that both the Planned Development option and the Half-acre open space option would need to have a comprehensive water and sewer policy which would allow them to use a package treatment plant. If that is not available to them it would be impossible to develop at the suggested density. BOBBY NICHOLS commented that options 1 through 4 would not preserve farm land. He spoke in support of the Planned Development and Existing Lots of Record options. He stated that we need to concentrate on running water and sewer lines. LIBBY SEARLES spoke in opposition to golf courses being considered open space. She opposed the Planned Development option. MARGARET McKEAN spoke in opposition to the one-half acre open space development and the Planned Community. PHILIP PRICE spoke in opposition to the one-half acre open space development and the Planned Community. ANN MOSS JOYNER indicated that she has been involved in this process since its inception. She commented that many of the options will not be economically viable. She suggested approving the intent of the plan while reworking the figures so that they will be economically feasible. She asked that clustering be allowed. MARK O'NEAL, the development liaison with the RCSC, indicated that this plan is a compromise within a framework that will be effective for the County. The question that needs to be asked is "where do we want the people to live?" Letters from the following citizens opposing the Planned Development options were received: (1) Elizabeth L. Woodman, (2) J. Edwin King, (3) Alice Carlton, (4) Carolyn F. McCain, President Stoneridge-Sedgefield Property Owners Assoc., and (5) Betty D. & Rudy A. Renfer. A telephone message from Susan Nickell opposing the Planned Development is in the Permanent Agenda File. Printed material addressing the issues of pesticide use on golf courses is in the permanent agenda file in the Clerk's office. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to refer the proposal to the Rural Character Study Committee for final adjustments on December 3, and that the proposal then be referred to the Orange County Planning Board for a recommendation to be returned no sooner than January 4, 1993. VOTE: UNANIMOUS 2. COMPREHENSIVE PLAN AMENDMENTS a. CP-2-92 Proposed Open Space Development Area Land Use Plan Category This item was presented by Marvin Collins to receive citizen comments on a proposed text amendment to the Land Use Element of the Comprehensive Plan. The proposal would add language to include a new plan category entitled "Open Space Development Area". The Land Use Element of the Comprehensive Plan was adopted in 1981 as the Orange County Land Use Plan. In 1989, the Board of Commissioners recognized the County's planning policy documents under the guise of a Comprehensive Plan, and the Land Use Plan became the Land Use Element. The Land Use Element is a policy document which guides decision-making on land use related issues. As such, the Element contains a number of land use categories which reflect these goals and policies, and correspond to zoning districts containing development standards. There are currently 19 land use categories. The proposed "Open Space Development Area" category would address innovative open space development styles and their evaluation/application under the existing County plan. The amendment is also designed to address concerns regarding the consistency between the Hillsborough-Orange County Cooperative Planning Agreement and the Comprehensive Plan. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD COMMISSIONER GORDON asked if this proposed amendment will go to Hillsborough for their review? Marvin Collins indicated that would not be a normal part of this procedure but it could be given to them for review. Commissioner Gordon asked that they have an opportunity to review it. She also suggested that the RCSC review the citizen comments and separate the strategies into rural and urban. COMMISSIONER INSKO asked that the Planning Board take citizen comments into consideration in their recommendation. QUESTIONS AND COMMENTS FROM CITIZENS: None A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to adjourn the public hearing until 7:30 on January 4, 1993 at the County Courthouse, Hillsborough, N.C., to receive the Planning Board's recommendation. VOTE: UNANIMOUS 3. ZONING ATLAS AMENDMENTS a. Z-4-92 Rancor, Incorporated This item was presented by Mary Willis to consider a proposed zoning atlas amendment. Rancor is a plastic pipe manufacturing facility located on the south side of Highway 70 between Efland and Mebane. The Rancor property contains 15.9 acres, extending from Highway 70 to the Southern Railroad at a depth of about 1100 feet. The existing structures, which include a 9000 square foot manufacturing building and several metal buildings, are all located on the southernmost 150' of the property, adjacent to the railroad. Most of the remainder of the property is used for storage of manufactured materials prior to shipping. Surrounding land uses include undeveloped property to the north, a 9 acre residential lot to the east, additional Hancor property to the south, and the Orange-Alamance Water System to the west. Except for the I-1 Light Industrial zoning of the balance of the Hancor property, the surrounding area is zoned R-1 (Rural Residential). In 1984, when Cheeks Township was first zoned, 11.6 acres of the Hancor property was zoned E-I (Existing Industrial). The zoning lot corresponded with the land area used by Hancor at that time. In 1987, the site was rezoned form E-I to I-1 (Light Industrial) as part of a comprehensive rezoning of Cheeks Township. The change to I-1 was made because the Commercial/Industrial Transition area in the Land Use Plan was expanded to include the Hancor site and thus the I-1 zoning was consistent with the new Land Use Plan designation. After the property was zoned, Hancor expanded the area used for outdoor storage of finished pipe to include the 4.23 acre area adjacent to Highway 70 which was not zoned for industrial use. This area consists of two lots which were purchased by Hancor in 1979, but were not actually used until after Cheeks Township was zoned. A grading permit was obtained in 1989. However, there was no zoning permit requested or issued. The expansion violated the Zoning Ordinance because the storage was a part of an industrial land use, but occurred on land zoned R-1 (Rural Residential). Hancor, Inc. is now requesting that the 4.23 acres adjacent to Highway 70 be zoned Light Industrial, consistent with the remainder of their property. The rezoning will bring the existing outdoor storage area into compliance with the Zoning Ordinance. The Hancor site is within one of the four target areas being analyzed and reviewed by the Planning Board/Economic Development Work Group. The target area is generally bounded by I-85 on the south, the Southern Railway on the north, Buckhorn Road to the west and the Redman Homes facility to the east. A small portion of the target area extends north of the railroad from Buckhorn Road, and to the property just east of Hancor, Inc. The Planning Board/Economic Development strategies include rezoning of the target areas to allow administrative approval of appropriate commercial and/or industrial development. The proposed rezonings will be presented for public hearing in February, and will include the rezoning of all four target areas, as well as specific performance and design standards. Hancor is proposing to expand its manufacturing operation, and construction is scheduled to begin in early 1993. The applicant preferred to submit a rezoning application independent of the Planning Board/EDC work effort in order to maintain its schedule for development, and not take the risk that development standards will change to the point that the current development plans are not feasible. The rezoning request has been reviewed by Staff and found to comply with the findings necessary for approval of a rezoning request. Property which is zoned I-1 must: 1. be designated as Commercial or Industrial Transition Area in the Land Use Plan, 2. be of a size appropriate to the method of water supply and sewage disposal, and 3. have direct frontage on a collector road or major arterial. All of these criteria are met, and are discussed in more detail in the Findings of Fact recommended by the Planning Staff. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD AND CITIZENS TED ABERNATHY, Director of Economic Development indicated that this proposal has been endorsed by the Economic Development Commission. 8 A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to adjourn the public hearing until 7:30 on January 4, 1993 at the Old County Courthouse, Hillsborough, N.C. to receive the Planning Board recommendation. VOTE: UNANIMOUS ADJOURNMENT There being no further items for consideration, Chair Carey adjourned the meeting. The next regular meeting will be held on December 7, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair