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HomeMy WebLinkAboutMinutes - 199308231 APPROVED 10/4/93 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING AUGUST 23, 1993 The Orange County Board of Commissioners and the Orange County Planning Board met on August 23, 1993 at 7:30 p.m., in the New County Courthouse, Superior Courtroom, Hillsborough, North Carolina, for their Quarterly Public Hearing. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planners David Stancil and Mary Willis. ORANGE COIINTY PLANNING BOARD MEMBERS PRESENT: Bill Waddell, Virginia Boland, Carol Cantrell, Jean Hamilton, Paul Hoecke, Betty Eidenier, Kent Scott, Joan Jobsis, and Clint Burklin. A. OPENING REMARKS FROM THE CHAIRMAN Chairman Carey called the meeting to order and welcomed the Planning Board members and citizens in attendance. He indicated that the Chair of the Planning Board, Carol Cantrell, would preside over each of the items on the agenda. Speakers were asked to keep their comments to a maximum of three minutes each. B. PUBLIC CHARGE Chair Moses Carey, Jr. read the Public Charge. C. PUBLIC HEARING ITEMS 1. COMPREHENSIVE PLAN AMENDMENTS (a) CP-3-93 Bobby Kirk Sr. and Jr. This item was presented by David Stancil for the purpose of considering a proposed amendment to the Land Use Element of the Comprehensive Plan which has been submitted by Bobby Kirk Sr. and Jr. The proposed amendment would affect a 1/4 mile radius at the Orange Grove Road/ Bradshaw Quarry Road intersection in Bingham Township. Part or all of 16 parcels would fall within this radius. The developer requests the creation of a Rural Neighborhood Activity Node at the intersection of Orange Grove Road and Bradshaw Quarry Road. The area is currently designated Agricultural-Residential in the Land Use Element of the Comprehensive Plan. By definition, Rural Neighborhood Activity Nodes are defined as 1/4 mile in radius, and are located at the intersection of arterial or collector roads. This amendment is a principal amendment to the plan since it proposes creation of a new activity node. Creation of a new Rural 2 Neighborhood Activity Node would allow up to five acres each of Local Commercial-1 (LC1) and Neighborhood Commercial-2 (NC-2) zoning. The property is currently zoned AR, and is within the Protected Watershed-II (PW-II) overlay district for Cane Creek watershed. It is located outside of the Water Quality Critical Area for Cane Creek Reservoir. Rural neighborhood activity nodes are areas at strategic intersections which may contain a limited amount of small-scale commercial activity, such as country stores. The applicant's plan would use only a portion of the intersection. There is no proposed zoning change at this time. The current zoning of Agricultural-Residential (Protected Watershed [PW]) would not be amended by this proposal. However, it would add an overlay district of Rural-Neighborhood Activity Node in a 1/4 mile radius around the intersection. A future petition for LC-1 or NC-2 commercial zoning may be requested for certain parcels. Otherwise, the zoning will remain agricultural-residential. In support of their request, the applicants cited the following points: There has been rapid subdivision development in Bingham Township over the past 20 years. The applicant has counted 1000 mailboxes within a possible market area for a community store. This is a strategic intersection where two collector roads that are primary thoroughfares in the township come together. There is no community store in the area to provide services to residents, or to provide an outlet for local agricultural products. --The Orange Grove Volunteer Fire Department has indicated it will remove the underground fuel storage tank if fuel services can be provided at this site. In addition to evaluating the proposal against locational criteria, two other efforts relate to the amendment. The Rural Character Study addressed the issue of rural community and neighborhood centers, and recognized their historic and cultural significance. It recommended the protection of existing rural centers and recommended that the potential for designating new community focal points be studied. The Water Supply Watershed updates are also relevant, since this site is within Cane Creek watershed. There are four goal statements in the Land Use Element that relate to watershed protection, and these are proposed for updating as part of CP-4-93. The state standards allow up to 5~ of the watershed (outside of the critical area) to be used for non-residential purposes and up to 70$ impervious surface. The proposed node, plus the existing commercial zoning totals 14.6 acres with less than 1~ of the watershed outside of the critical area. The applicants next steps involve petitioning for rezoning to LC-1 or NC-2 for the country store site. These zones are the lowest- intensity commercial zones in the Zoning Ordinance. A conventional activity node could have up to 10 acres of LC-1 and NC-2 zoned land. However, an alternative for consideration is the creation of a more compact, refined node, with limited commercial activity permitted only at the intersection core. This approach was used in the Joint Planning Area at Blackwood Station. In response to a question from the audience, Stancil indicated that the 1/4 mile radius of this proposed node consists of 125 acres. Ten (10) of those acres could be developed. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD: Planning Board Member Bill Waddell asked if this land was within the floodplain and if so what guarantees would be in place to assure that it would not be developed. Mr. Stancil indicated that 50 acres will be in the floodplain and only a small portion of the entire 125 acre parcel will be used by the store. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT BOBBY KIRK, the applicant and a resident of the Orange Grove Community, indicated that he and his father believes that establishing a store at this location would be good for the community as well as a good business venture. There was at one time a store at this location and he has very positive memories of the community gathering there. It was a focal point in the community. The Orange Grove community would be enhanced by having a local place to purchase milk or other staples. He indicated that their plan calls for a quality operation with a well designed building. He thanked David Stancil and the Planning Department staff for the quality of support they offered him in preparing this application. VICTORIA PRUITT, a local resident, spoke in support of this rezoning. She commented that a country store is important to a community. Also, having a local store would reduce the number of trips into town by local residents. PATRICK MULKEY, Chairman of the Bingham Township Advisory Council (TAC), spoke in favor of this rezoning. The Bingham TAC passed a resolution in support of this request. He indicated that Lois Herring, Chair of OWASA, suggested that small country stores could be accommodated in this area without opening the area to other uses. He indicated that he supports a tightly defined node. JEFF PELOQUIN, a member of the Bingham TAC, spoke in support of this request. He commented that it would be a great benefit to the community which is currently forced to drive long distances for milk, bread and other staples. He indicated that he also supported decreasing the size of the area in order to assure that the area would not be overdeveloped in the future. TOMMY HOLMES, the area volunteer fire chief, spoke in favor of this proposal and indicated that the fire department would be able to provide service to this facility. BOBBY KIRK indicate that he is in favor of a more compact node. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to adjourn the public hearing to 7:30 p.m. on October 4, 1993 in the Courtroom in the Old County Courthouse in Hillsborough, N.C. to 4 receive the Planning Board recommendation. VOTE: UNANIMOUS NOTE: ALL REMAINING ITEMS WILL BE CONSIDERED TOGETHER 1. (b) CP-4-93 Watershed Protection 2. ZONING ATLAS AMENDMENTS (a) Z-5-93 Little River Township (b) A-6-93 Cedar Grove Township (c) Z-7-93 Watershed Overlay Districts 3. ZONING ORDINANCE TE%T AMENDMENTS (a) Article 4.2.27 (b) Article 6.23 (c) Article 22 (d) Appendix Watershed Protection Intent and Application Extra Requirements for Overlay Districts Definitions Detention Pond Design Overlay Districts - Criteria Watershed Protection Standards 4. SIIBDIVISION REGIILATIONS TE%T AMENDMENTS (a) Section IV-B-1 Lot Standards (b) Section IV-B-S Lot Layout (c) Section IV-B-8 Landscape and Buffer Requirements (d) Section IV-B-9 Watershed Protection Standards (delete) (e) Section IV-B-10 Cluster Developments (f) Section V-C Specifications for Plat Drawings (Prelim. Plan) (g) Section V-D Specifications for Plat Drawings (Final Plat) Mary Willis presented proposed amendments to the Orange County Zoning Atlas, Zoning Ordinance, Subdivision Regulations and Land Use Element of the Comprehensive Plan for the purpose of extending zoning to Little River and Cedar Grove Townships and implementing State mandated watershed protection standards. On June 23, 1989, the North Carolina General Assembly passed the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph, is "...to protect and enhance the quality of the State's surface water supplies by establishing a cooperative program of water supply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC)." The EMC, with the NC Division of Environmental Management (DEM) as its staff, is the State's appointed board on environmental and resource protection. Its charge was to: -Develop and adopt watershed protection minimum rules, classifications and standards; and -Classify each water supply watershed across the State into categories consistent with these rules. The EMC created five watershed classifications for freshwater supplies. These classifications are based on the amount of existing and 5 proposed development in the watershed and the quality of the water in streams feeding the water source area generally described as follows: ~WS-I -watersheds are essentially natural and undeveloped with no permitted wastewater discharges. ~WS-II - watersheds are predominantly undeveloped, with only General Permit wastewater discharges allowed. ~WS-III - watersheds are low to moderately developed. -WS-IV - watersheds are moderately to highly developed. ~WS-V - watersheds are generally upstream of WS-IV waters and have no special watershed development or wastewater discharge restrictions. Each classification has different protection measures designed to protect the existing water quality. For example, the type and intensity of development allowed in the higher-quality WS-I and WS-II watersheds are more restrictive than that allowed in WS-III and WS-IV watersheds. A table prepared by DEM summarizing the minimum protection measures for each classification as adopted by the EMC is a separate enclosure. The Zoning Atlas changes create Watershed Protection Overlay Districts for the 10 water supply watersheds that are located in Orange County. The Zoning Atlas changes also include the establishment of Zoning Districts within Cedar Grove and Little River Township. The changes to the Zoning Ordinance involve standards for development within the protected watersheds and also include an appendix to the state standards which specify standards for developing detention ponds and their construction. The changes to the Subdivision Regulations and the Comprehensive Plan are technical in nature and are being proposed to eliminate any unnecessary duplication. Technical consistency will be provided between the Subdivision Regulations, Comprehensive Plan and the more substantive changes of the Zoning Atlas and the Zoning Ordinance. The North Carolina EMC has identified watersheds throughout the state which drain into drinking water supplies. Each of those watersheds has been classified into one of several categories. For each of those categories the minimum development standards have been created by the State. Local governments must comply with those standards. For the most part, the State standards deal with minimum lot sizes, densities, impervious surface limits, and the use of detention ponds to store storm water runoff to allow for slower infiltration to settle out pollutants. Impervious surface is a critical component of this. The State's definition requires us to consider gravel as impervious surface which is not a county requirement in many areas at this time. The State standards also address stream buffers and limitations on various types of land uses allowed in different types of areas. Little River and Cedar Grove Townships are being proposed for zoning at this time. Little River Township has two basic zoning districts (with several exceptions). The main recommendation is Agricultural-Residential (AR) zoning with a proposal for Rural-Residential (RR) for most of the 6 remaining land. The boundaries of all of these areas are consistent with the current Land Use Plan. The main difference between these areas is in the RR area where there is a minimum lot width of 130 feet and the AR which has a minimum lot width of 150 feet. Those figures would apply when subdividing property. The other distinction is that the AR districts allow a few more uses than the RR. Those additional uses focus on farm business activities. For example, a grain and feed store would be a use that would be allowed in the AR district but not in the RR district. In Little River there are three nodes and in Cedar Grove the base zoning for all of the Township is Agricultural-Residential with several activity nodes. Within the activity nodes there are already areas that are being used for commercial businesses and those would be given a Local Commercial (LC1) or Neighborhood Commercial (NC2) designation. Ms. Willis indicated that any existing lot which is currently built upon can continue to be used for its current purpose. This was in response to the question of rebuilding after afire. This is also true for existing commercial businesses which are in areas designated as Commercial. If the area is not designated as commercial it would be considered a non- conforming use which would require that no expansion or rebuilding occur. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE BOARD OF COUNTY COMMISSIONERS AND PLANNING BOARD In response to a question from Commissioner Willhoit regarding the status of green box collection sites, Ms. Willis indicated that green box uses would be permitted in any district. Commissioner Insko asked for an explanation of the rational between the 1/2 mile radius and the 1/4 mile radius in Little River Township. Ms. Willis indicated that the nodes with the 1/4 mile radius are designated in the Land Use Plan as the Rural Neighborhood nodes. The ones with the 1/2 radius are designated as the Rural Community Nodes. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT ROBERT NICHOLS asked for clarification of the term "stream". Ms. Willis indicated that the solid, or dotted blue line on the USGS map is considered a "stream". These are perennial or intermittent streams. The USGS map is used by county staff in determining streams in order to apply buffers, etc. Uses that are permitted within stream buffers are utility lines for electricity, telephone cable services, farming uses, streets, bridges and railroads. All other uses are prohibited. In response to a question from the audience, it was explained that the minimum standards are greater than the state requires due to the findings of the technical study. Non-residential uses are limited and are allowed only in the activity node. The minimum lot size is also impacted. Under current regulations, any land use type is allowed. With the new standards, non- residential uses will be limited to the Activity Nodes. The other major change deals with the minimum lot size for residential development. The minimum lot size will be 2 acres with a 6~ limit on the amount of area that could be covered with impervious surface. It was also clarified that EC-5 designation would need to be at least one acre, however it would rezone only the area in question. In response to a question from Dick White, Ms. Willis repeated that all current commercial uses would be grandfathered in the ordinance. GEORGE HORTON stated that the Camp, Dresser & McKee watershed study was only one of several studies available. He suggested that other sources be used as well. Mary Willis indicated that the Planning staff would be willing to use other studies to make recommendations if they were found to be accurate and helpful. She commented that the Camp, Dresser & McKee study stated that without the more stringent measures throughout the entire watershed, degradation of the water supply within those watersheds would occur. DICK WHITE requested that existing commercial zoning be considered as an option. Allowing non-conforming uses would allow the continuation of an existing business without opening the area to other commercial development. In response to a question from the audience, Ms. Willis indicated that if a commercial zoning district has not been established, existing businesses would continue as non-conforming. No changes, expansions or rebuilding would be permitted. Where commercial zoning is in place, .rebuilding and expansion would be permitted. The "nodes" themselves are designated in the Comprehensive Plan adopted in 1981. The township elements for Little River and Cedar Grove were adopted in 1986 and the nodes were designated at that time. They have not been applied in terms of the Zoning Ordinance because zoning has not been established in those townships. There are means of creating new activity nodes which generally they provide a community service and are at strategic intersections. In response to a question from Commissioner Willhoit, Ms. Willis indicated that expansion of a previously developed commercial establishment would require that the impervious surface ratio be met. An EC-5 zoning lot could be developed that would be non-conforming because of the impervious surface ratios, however, that lot would not be expandable unless it could meet the impervious surface ratios. Ms. Willis commented that building would be allowed on existing lots provided the dimensional requirements, such as setbacks, are met. A greater issue comes into play with non-conforming lots with a two acre minimum lot size. In the event that the land owner wanted to add an outbuilding, etc. on that lot, the State gives flexibility in dealing with that. The state normally does not require that their standards be met for existing lots even if they are not yet built upon. After the Public Hearing, this issue will be taken into account and specific recommendations 8 will be established so that existing lots can be built upon in a reasonable manner. She also mentioned that the approach the County is using avoids causing everything outside of the commercial areas to be non-conforming. County Attorney Gledhill commented that "spot zoning" is a term used by the Courts to tell local governments that you can't arbitrarily zone property. There must be a rational basis for the designation of different uses. These existing commercial districts are not considered "spot zoning" because the designation of Existing Commercial is not arbitrary. It is based on the fact that they do pre-exist the Ordinance. This Existing Commercial designation assures the property owners that they may continue the use of that property in the manner in which it is currently being used. Ms. Willis indicated that gravel surfaces are considered impervious in the University Lake Watershed. This was a change that was made several years ago. That is the only area in the County that includes gravel as impervious. The State mandate will require that gravel roads which are part of a lot be considered as impervious surface. In response to a questions from the audience, Ms. Willis indicated that the State mandate does not restrict the use of water and sewer lines. Within Orange County there is a water and sewer policy. A key aspect of that policy is that water and sewer service is limited to the transition areas which are the areas that allow for the higher residential density. The county water and sewer policy and underlying zoning is what determines this issue. County Attorney Gledhill indicated that the history of the "EC" district in Orange County demonstrates the County's approach to existing commercial uses that were not zoned "EC" at the time the zoning is put into effect. Those commercial uses are considered under the provision of the zoning ordinance that allows for amendments to the zoning atlas. For example, if there is an error in the original decision of an existing commercial use that fits the criteria used for the other commercial districts, the County would favorably consider changing that. THE PUBLIC HEARING WAS OPENED FOR COMMENTS FROM CITIZENS LOREN TOMPKINS, a property owner on Buck Horn Road, commented on the commercial application of the zoning in this watershed. The economic impact is substantial for the property along the interstate. He asked that the Board consider variable options, and alternatives and exceptions. He asked that the Board of Commissioners consider the expense that is incurred by the land owners when they purchase land they will not be allowed to use. He requested that railroads, farmland, state highways and interstates be considered allowable as a part of the 30~. JAMES MERGNER, Acting Chair of OWASA, presented a Resolution passed by OWASA on August 12th which authorized his comments on this issue. Those comments in summary are as follows: Strong support for strict measures for the University Lake watershed Support for amendments pertaining to the Jordon Lake Protected Area 9 Disagreement with proposals to weaken existing regulation in the Cane Creek Watershed Listed interim regulations to the Cane Creek watershed. Requested more protective rules to Cane Creek than to other WS-II watersheds in Orange County Concern over proposed amendments that would allow commercial activities in a watershed where no such uses are now permitted. Mr. Mergner's comments, in their entirety, are in the permanent agenda file in the Clerk's office. Ms. Willis indicated that Litter River and the Flat River are proposed at 2 units per acre with 6~ impervious surface. The Cane Creek proposal, which would be one acre outside of the critical area, more closely reflects the State minimum. Commissioner Willhoit commented that upon completion of the Camp, Dresser & McKee report the Board of Commissioners urged OWASA to budget the money to study Cane Creek. BUD MAYES owns 240 acres south of I-85 on Seven Mile Creek and indicated extreme concern about its use. The land is restricted to two acres per lot and he urged OWASA and Board of County Commissioners to extend water and sewer into that area. Industrial/Commercial zoning on the north side of Seven Mile Creek could be good for Orange County. He also asked that a decision be made about Seven Mile Creek and the proposed reservoir. TOMMY WARREN thanked the Planning Department for all of its hard work in locating the existing businesses and zoning them appropriately. He resides in the Flat River Watershed which has more restrictions on it than Cane Creek Reservoir. He commented that he felt that an unfair burden was being placed on Orange County landowners. He asked that Person County officials be contacted in order to determine their intentions. He commented that the State guidelines call for two acres per lot or 24$ impervious surface. The State says that if a lot exceeds the minimum lot size, no impervious surface restrictions may be placed upon that lot. He stated that he attended a seminar hosted by Camp, Dresser and McGee and was advised that the only way to remove the pollutants is with the detention ponds. He asked that Orange County adhere to the State requirements, if necessary, but not set higher standards. JOYCE STANFORD, a resident of Stanford Road and land owner in the Cane Creek Watershed, indicated that she opposed more restrictive zoning. The Environmental Management Commission's final environmental impact statement noted the socio-economic impact losses to the community because of Cane Creek. Placing all of Cane Creek Watershed in the critical area denies the property owners full use of their property. She asked the Board of Commissioners to approve the Planning Board's recommendation and to oppose any additional restrictions in the Cane Creek Watershed. PATRICK MULKEY indicated that he agreed with Ms. Stanford's comments. He indicated that OWASA has a reputation for being inflexible and he 10 believes that they are once again proving that to be true. This proposal is a setback. He pointed out that during the debate over the reservoir, residents were promised protection from undue regulations. The Planning Board's recommendations are acceptable. He asked OWASA to purchase the land if they want to regulate all 20,000 acres. BOBBY NICHOLS, a Cedar Grove resident, thanked Mary Willis for her professionalism. He indicated that last year he went to the hearing in Raleigh on watershed protection for the State. The State classified the Upper Eno Watershed as WS-4. The Environmental Commission changed that to WS-2. This new classification makes the Upper Eno more restrictive than required by the State regulations. He asked that the 50-foot stream buffer not be increased and that the State standards be considered sufficient. He also requested that water and sewer be permitted in the water critical areas. He stated that it is much more progressive to have water & sewer rather than septic tanks and wells. NORMA WHITE requested a zoning designation from AR to RR on Schley Road. This is a residential community with over 40 homes in a 2 mile stretch. She asked that existing commercial businesses be granted non- conforming use so as to protect the residential community. She also asked the Board of Commissioners to review a business in this area. It is listed as "auto sales", however, it is actually a paint & body shop with over 50 cars on the property. BEN LLOYD, indicated that US 70 and I-85 and I-40 all run through his 700 acre dairy farm. Also, the main line of the Southern Railway, a connector from 70 to I-85 & I-40, a 16" water line and an 8" sewer line also run through it. All of this property is in a water quality critical area. He indicated that Orange-Alamance Water Company and the Town of Hillsborough provided some of the best water in the State to their customers. He asked the Board of Commissioners to consider if they are going to protect ourselves out of business. JOHN HARTWELL, Chair of the TJCOG Water Resources Committee, indicated that the plan which is being presented is on the whole necessary and laudable. He commented on the quality of material he received fromn the Planning Department and on the high level of expertise David Stancil demonstrates. He indicated that he owns land in two of the watersheds and these regulations would pose no particular hardship for him or others whose property is near his. His comments apply to the Lower Eno and Upper Eno Watersheds. He agreed with Mr. Nichols' statement regarding two acre lots with detention pond, however, detention ponds must be regional. Having ponds on each two acre lot is not the solution. He also mentioned that he Chaired Water Resources Public Hearings across this 6 county C.O.G. region on the issue of water and sewer. The argument against water and sewer lines comes down to the fact that sewer pump stations are bad in water quality critical areas. If sewer is put in the critical area, a pump station will probably be needed because all of the lakes are in bottoms. If you run the sewer to the bottom it must be pumped out. The threat is that of a catastrophic failure of a pump station. He indicated that potential problems with the current proposal center around impervious 11 surface. The State indicated that the requirements could be met by "either/or" because of the cost consideration. No one thought that lot size would take care of the problem. The State's plan is best because it reduces cost and is simple. Lastly, the flexibility in the State law as it applies to existing lots, increased stream buffers and lower impervious surface, results from efforts made by citizens at the State hearings. Severe hardships on individual, isolated cases will be the result of inflexible standards. This needs to be taken into consideration and plans need to be in place to assure that undue hardships are not placed on individuals. MR. CHOCKLEY, from Cedar Grove Township, indicated that this has been a very informative session. He asked that all of the information be seriously considered in the decision making process. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis, to refer all of the items to the Planning Board, for a recommendation to be returned to the Board of Commissioners no sooner than October 4, 1993. VOTE: UNANIMOUS There being no further items for consideration, the meeting was adjourned. The next regular meeting of the Board of County Commissioners will be held on Tuesday, September 7, 1993 at 7:30 p.m.in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly Blythe, Clerk