Loading...
HomeMy WebLinkAboutMinutes - 19930415 1 APPROVED 6129193 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD AND CARRBORO BOARD OF ALDERMEN JOINT PLANNING AREA PUBLIC HEARING APRIL 15, 1993 The Orange County Board of Commissioners, the Carrboro Board of Aldermen and the Orange County Planning Board met in joint session on Thursday, April 15, 1993, at 7:30 p.m. , in the Orange Water and Sewer Authority Community Meeting Room, Carrboro, NC. ORANGE COUNTY BOARD OF COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Alice M. Gordon, Stephen Halkiotis, Verla C. Insko and Don Willhoit CARRBORO BOARD OF ALDERMEN PRESENT: Mayor Eleanor G. Kinnaird, Aldermen Frances Shetley, Jacquelyn Gist, Hilliard Caldwell, Randy Marshall and Tom Gurganus. CARRBORO BOARD OF ALDERMEN ABSENT: Jay Bryan. ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Larry Reid, Bill Waddell, Virginia Boland, Paul Hoecke, Joan Jobsis and Clint Burklin. ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: James Gray, Elizabeth Eidenier, Kent Scott, Jean Hamilton and Carol Cantrell. ORANGE COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. TOWN OF CARRBORO ATTORNEY PRESENT: Michael B. Brough. ORANGE COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Planner Director Marvin Collins and Planner Mary Willis. TOWN OF CARRBORO STAFF PRESENT: Town Manager Robert Morgan, Senior Planner Julia Trevarthen and Deputy Town Clerk James Spivey. NOTE: All materials referenced herein are on file in the Orange County Clerk's Office. Chair Carey and Mayor Kinnaird welcomed the citizens in the audience. I. PUBLIC HEARING/REZONING REQUEST -- LAKE HOGAN FARM, INC. Chair Carey explained that the public hearing was being held to receive citizen comments on the proposed rezoning requests for property owned by Lake Hogan Farm, Inc. , and property owned by Virginia Pollitzer. If approved, the requests would involve amendments to both the Orange County Zoning Atlas and the Carrboro Zoning Map. 2 County Attorney Geof Gledhill answered two procedural questions. The first question dealt with the effect of a Protest Petition on the rezoning request. He explained that protest petitions are not applicable in County zoning issues. However, they do apply within town limits. He also explained the process that would be followed after the public hearing and the process leading to the final decision which will be made by both boards. If the protest petition is determined valid by the Town of Carrboro, a 4/5 vote by the governing board would be required for approval of the proposed rezoning request. Mary Willis, Orange County Planner, presented the Lake Hogan Farm, Inc. rezoning request. Ms. Willis gave a historical review of the Joint Land Use Plan and Joint Planning Agreement. She explained that Lake Hogan Farm is located in the T-1 Transition Area, which means that it is slated for development with densities of 1 to 5 units per acre. The proposed rezoning request to change zoning from R-R to R-20 designation is in accordance with the Joint Planing Area Land Use Plan. Julia Trevarthen presented information regarding both the R-R and R- 20 zoning districts. Ms. Trevarthen explained that although these districts are similar in many of the permitted uses, the R-R zoning district does have uses which are not permissible in the R-20 district. A significant difference between the Carrboro R-R and R-20 zoning districts is the maximum number of dwelling units allowed per acre. Carrboro's R-R allows 1 dwelling unit per acre; R-20 allows up to 2.1 dwelling units per acre. Dimensional requirements are the same for both districts. Ms. Trevarthen reviewed the maximum number of units that could be built per the respective zoning districts, reviewed possible transportation impacts, and explained that the properties could be served by public water and sewer. Chairman Carey read into the minutes the following letters and memoranda received by the County and the Town of Carrboro regarding the proposed rezoning request. Letters voicing opposition to the proposed rezoning were received from Spencer and Eleanor Leighton, Michael D. Tashjian and Christene Petry, and Carolyn Miller. A letter was received from Carol-Ann Greenslade, member of the Carrboro Small Area Planning Work Group. She asked for an 18 to 24 month moratorium on zoning changes to allow the Work Group to study the issues and make a report to the Town of Carrboro. A letter was received from "Jef" requesting that all zoning changes be postponed until after the Carrboro Small Area Planning Work Group has had an opportunity to study the issues. A memo from Roy Williford to the Board of Aldermen acknowledged receipt of the Protest Petition. A memo from Michael Brough to Julia Trevarthen acknowledged the 3 application of protest provisions. • Protest Petition was received by the Town on April 12, 1993. • memo was received from Robin Lackey to the Mayor and Board of Aldermen regarding the protest petition submitted by nine members of the Small Area Planning Work Group. A letter from Mr. and Ms. H. Taylor Vaden to Roy Williford and Marvin Collins opposed the rezoning. A telephone call was received from Joe and Barbara Arendt voicing opposition to the proposed rezoning. A memorandum from John Hartley indicated opposition to this rezoning request. Dan Jewell, representative for the applicants of the proposed rezoning, stated that the rezoning request of the applicants would be amended to withdraw one-hundred feet (1001 ) from the southern border of the property, to allow a 100-foot buffer area between the original rezoning request boundary and the Stoney Hill Subdivision. This amended request reduces the acreage of the proposed rezoned area. Mr. Jewell stated that the proposed rezoning request does not mean that the land will be annexed or that the land will be developed at five units per acre. He also stated that development of the land would not be a project that would happen immediately but would be a project developed over the next decade or so. Mr. Jewell stated that public water and sewer would service the area and low to moderate density development is the goal of the applicants. THE PUBLIC HEARING WAS OPENED FOR COMMENTS FROM THE BOARD OF COMMISSIONERS, BOARD OF ALDERMEN AND/OR PLANNING BOARD. Alderman Jacquelyn Gist questioned the effect of the applicant's amended request of allowing a 100' buffer along the southern border of the property. i Michael Brou h explained that by law, the 100' buffer nullifies the petitioners' protest petition. The law does allow an applicant to lessen the area to be rezoned prior to or during the hearing of the request. Commissioner Gordon asked whether a fiscal impact analysis had been done and, if so, asked that it be shared with the Board. Mr. Jewell stated that a fiscal impact analysis had not been done, but that one could be completed and shared with the Board. Commissioner Willhoit questioned the status of the trailer park and requested that staff give a report listing the subdivisions in the transition area, with lot sizes and the density of each development. Commissioner Gordon added that a map depicting land use activity in 4 the transition area over the last ten years would be helpful. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS Mary Ayers voiced support for the rezoning request stating that the applicants have dedicated much time and thought to their rezoning request They have solicited input from their neighbors and Carrboro Planning staff members. Ms. Ayers criticized a brochure that was created and circulated in the community by those opposing the rezoning request because the brochure contained misinformation and untrue statements. Bob Cosgrove voiced opposition to the rezoning request because higher zoning density would reduce his property value. Bart Willis voiced support of the rezoning request stating that a great deal of thought had been dedicated to the rezoning request and to a possible plan for development which would be sensitive to the land and wildlife. Jane Cates Fowler voiced support of the rezoning request stating that planned development would be good for the community. Stephanie Padilla read a protest petition, signed by nine (9) members of the Small Area Planning Work Group (SAPWG) , opposing the rezoning request. The petition requested a moratorium on any and all rezoning request in the Ti and T2 land in the transition area until the Small Area Planning Work Group has time to execute the charge given it by the Carrboro Board of Aldermen. Linda Roberts voiced opposition to the rezoning request because of traffic impact and higher density. Ms. Roberts stated that she accepts that development of the land is inevitable, but feels that the SAPWG should be allowed to execute the charge given it by the Carrboro Board of Aldermen. Chip Baker read a petition requesting denial of the rezoning request because of the impact on Seawell School, area roads and the wildlife corridors. Mr. Baker also stated that approving the rezoning request would undermine the charge of the SAPWG and the 2000 Task Force Report. John Hartley presented sketched scenarios of areas, in closer proximity to the town limits, for possible development, other than Hogan Farm. Mr. Hartley voiced opposition to the rezoning request citing the density impact on the land, school, and roads. He also stated concerns that the Hogan land is a large part of the area that the Carrboro Board of Aldermen has requested the SAPWG to consider for possible planning/development scenarios. Sally Nussbaumer stated that she does not oppose the rezoning request per se but does reject the process used by the governing boards to consider the request. This process excludes the SAPWG from the process and prohibits them from executing the charge issued by the Carrboro of 5 Aldermen to plan for the future development of the transition area. Ms. Nussbaumer asked that the SAPWG be included in this planning process. Carol Ann Greenslade, a member of the SAPWG, stated that this Work Group needs to be allowed to execute the charge given to them. She requested that a moratorium be placed on all rezoning requests in the T1 and T2 area. She felt that the applicant's request has been made solely for financial gain and does not take other important issues into account. Bud Varden reviewed the legal criteria for requesting and granting rezoning applications. Mr. Vaden asked that the financial gains of a few citizens not be allowed to outweigh the good of the community as a whole. Carol Miller spoke in opposition to this rezoning request citing increased density and adverse impacts on Seawell Elementary School. Doris Kaneklides voiced opposition to this rezoning request because of problems created by water runoff. Stephen Dear spoke in opposition to this request. He mentioned its negative impact on traffic flow, the school system, and wildlife. He requested that an environmental impact study be completed prior to any further action. Sidney Harrell voiced opposition to the rezoning request citing traffic impact and stormwater runoff. He asked that a comprehensive storm water model be developed for the Bolin Creek Watershed with particular emphasis on the T1 Transition area. Chuck Mosher voiced opposition to the rezoning request citing the negative impact on the land and the destruction of wildlife habitat. Steve Davis read a letter from H. Trawick Ward which opposed the rezoning request because of the increase in traffic as well as the increase in the number of school age children. He commented that this proposal would have a negative impact on the environment and would destroy or disturb archeological material. Tree Moore voiced opposition to the rezoning request because of the impact on the environment, traffic, schools, and the negative impact of higher density on property value. Mr. Moore indicated that he believes this request is solely for the financial gain of the applicants. Jean Worth read a letter from Maggie Grace voicing opposition to the rezoning request. Lynn Jaffe voiced opposition due to negative impact on the surrounding property owners. She asked that the SAPWG be given an opportunity to carry out its charge before further rezoning requests are granted which would be out of sync with the Carrboro 2000 Task Force Report. 6 Barrie Vaden voiced opposition to the rezoning request stating that careful planning of the transition area is very important and that mechanisms and processes already in place should be used in planning the transition area. Chris Hogan, one of the applicants, gave a historical review of circumstances which have caused his family to make this rezoning request. Mr. Hogan stated that a proposed development plan was presented to members of the community approximately 1 1/2 years ago to receive their input. The information was used to modify the proposed plan in order to satisfy their requests. He also indicated that the plan was informally presented to members of the Carrboro Planning Staff. Mr. Hogan indicated that he was surprised to hear citizens say that they knew nothing of this plan. He also mentioned that the schools are currently overcrowded and that new schools will be built regardless of whether or not this development is approved. He stated that time, effort and planning went into this development plan and that it is not based solely on personal financial gain. The rezoning request and development plan have been in the making for approximately five (5) years. Citizens and staff have been kept abreast of plans during that time. He felt it would be an undue hardship to require the SAPWG to complete its charge before this rezoning request is considered. He expressed his own strong feelings for this land and his desire to protect it ecologically and environmentally. Rob Hogan, another of the applicants, asked that the governing boards grant the request. He indicated that they have already responded to community concerns voiced over the years by not requesting the highest possible density which would be allowed by the requested zoning designation. Katie McLaurin voiced support of the rezoning request and stated her disappointment with the scare tactics being used. She presented a copy of the informational brochure which was sent home with the students of Seawell School. She indicated that the brochure was both incorrect and misleading. Ann Leonard, one of the applicants, stated that the approval of this request would allow the family to farm the remaining land. She also mentioned that the proposed density is much lower than that which could have been requested. Alan Finkel voiced opposition to the rezoning request and stated that individual financial gain should not outweigh the community welfare. Livy Ludington voiced opposition to the rezoning request. She mentioned the adverse impact on roads, schools and the environment. However, she also stated that land owners who chose to farm their land should be paid fairly if they are being asked to preserve their land. She urged all parties to work together to reach a compromise. Gary Giles stated that he had signed a protest petition because he believes the density should be decreased. He commented that the physical 7 features of the land will force land preservation for open space and wildlife and still allow for higher density. He also requested that a moratorium be placed on the T1 and T2 transition area. Jan Hogan asked that the governing boards approve the rezoning request. She stressed her family's love of the land and stated that they had devoted much time and effort to developing this plan. Ester Atwater McCauley voiced support for the rezoning request stating that knowing the Hogan's concern for the land, she has confidence that any development they propose would be environmentally and ecologically sensitive. A motion was made by Commissioner Willhoit, seconded by Commissioner Insko, to refer the proposed rezoning to the Carrboro Planning Board meeting of May 6, 1993 for a recommendation to be presented to the Carrboro Board of Aldermen on May 25, 1993. After action by the Board of Aldermen the proposed rezoning will be referred to the Orange County Planning Board at their June 21, 1993 meeting for a recommendation to be presented to the Orange County Board of Commissioners on August 4, 1993. VOTE: UNANIMOUS A motion was made by Alderman Gurganus, seconded by Jacquelyn Gist, to refer the proposed rezoning to the Carrboro Planning Board meeting of May 6, 1993 for a recommendation to be presented to the Carrboro Board of Aldermen on May 25, 1993 . After action by the Board of Aldermen, the proposed rezoning will be referred to the Orange County Planning Board at their June 21, 1993 meeting for a recommendation to be presented to the Orange County Board of Commissioners at their August 4, 1993 meeting. VOTE: UNANIMOUS II. PUBLIC HEARING/REZONING -- VIRGINIA POLLITZER Orange County Planner Mary Willis presented this item. She indicated that the total acreage of this property which is proposed to be rezoned is 16 acres. The property is currently zoned R-20 which allows a density of up to 2 .1 dwellings per unit per acre. The proposed zoning is R-15, which allows a density of up to 2 .9 dwelling units per acre. Carrboro Planner Julia Trevarthen also made a presentation on this item which compared the R-20 and R-15 zoning districts and how both the present and the requested zoning conform with the Joint Planning Area Land Use Plan. Ms. Trevarthen stated that the uses permissible in the R-20 and R-15 zoning districts are virtually identical with only one difference. Dimensional requirements are somewhat less in the R-15 zoning districts and the property can be served by OWASA. Michael Hughes, representing Ms. Pollitzer, addressed the Board stating that plans for development of the land have not been done yet, but once developed, the land would be serviced by OWASA. THERE WERE NO COMMENTS FROM BOARD MEMBERS OR CITIZENS 8 A motion was made by Commissioner Insko, seconded by Commission Halkiotis, to refer the proposed rezoning to the Carrboro Planning Board meeting of May 6, 1993 for a recommendation to be presented to the Carrboro Board of Aldermen on May 25, 1993 . After action by the Board of Aldermen, the proposed rezoning will be referred to the Orange County Planning Board meeting of June 21, 1993 for a recommendation to be presented to the Orange County Board of Commissioners on August 4, 1993 . VOTE: UNANIMOUS A motion was made by Alderman Gist, seconded by Alderman Gurganus, to refer the proposed rezoning to the Carrboro Planning Board meeting on May 6, 1993 for a recommendation to be presented to the Carrboro Board of Aldermen on May 25, 1993. After action by the Board of Aldermen, the proposed rezoning will be referred to the Orange County Planning Board meeting of June 21, 1993 for a recommendation to be presented to the Orange County Board of Commissioners on August 4, 1993 . VOTE: UNANIMOUS III. ADJOURNMENT There being no further business, Chair Carey adjourned the meeting. The next regular meeting of the County Commissioners will be held on April 20, 1993 at 7: 30 p.m. in the OWASA Meeting Room in Carrboro, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk