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HomeMy WebLinkAboutMinutes - 199311221 APPROVED 1/4/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING NOVEMBER 22, 1993 The Orange County Board of Commissioners and the Orange County Planning Board met on November 22, 1993 at 7:30 p.m., in the Superior Court Room, new County Courthouse, Hillsborough, North Carolina, for their Quarterly Public Hearing. COUNTY COMMI88IONERB PRESENT: Chairman Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COIINTY ATTORNEY PRESENT: Geoffrey Gledhill COIINTY STAFF PREBENT: County Manager John M Link, Jr., Deputy Clerk to the Board Kathleen Baker, Planning Director Marvin Collins, and Planners David Stancil, Mary Willis and Jim Hinkley. ORANGE COIINTY PLANNING BOARD: Chair Carol Cantrell, Vice Chair Betty Eidenier, and members Elizabeth Walters, Clint Burklin, Paul Hoecke, Kent Scott, Larry Reid, Joan Jobsis and Karen Barrows. A. OPENING REMARICB FROI~t THE CHAIR Chair Moses 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. H. PIIBLIC CHAR(,~8 Chair Moses Carey, Jr. read the Public Charge. C. PIIBLIC HEARING ITSMB 1. Zoninq Atlas Amendments (a) Z-5-93 Little River Township (Revision) (b) Z-6-93 Cedar Grove Township (Revision) ~ honing Ordinance Test Amendments (a) Article 6.23 Extra Requirements for Watershed Protection Overlay Districts Mary Willis presented this item for the purpose of receiving citizen comments on proposed amendments to the Orange County Zoning Atlas and Zoning Ordinance. These changes will extend zoning to Little River and Cedar Grove Townships and implement State mandated watershed protection standards. On August 23, 1993 a public hearing was held to receive citizen comments on proposed amendments to the Orange County Zoning Atlas, Zoning Ordinance, Subdivision Regulations and Land Use Elements of the Comprehensive Plan for the Purpose of extending. zoning 2 to Little River and Cedar Grove Townships and implementing State- mandated watershed protection standards. The items below are related to the watershed protection provisions and the zoning of Little River and Cedar Grove Townships. Seven additional existing business have been identified in Little River and Cedar Grove Townships since the August public hearing. The Tables located in the permanent agenda file in the Clerk's office list all of the parcels proposed to be rezoned to a non- residential zoning district with the zoning of Little River and Cedar Grove Townships. The State mandate allows a non-residential impervious surface limit of 70$ in a portion of WS-II watersheds without construction of detention ponds, provided that residential development in excess of one dwelling unit per acre does not occur. If residential density for any project exceeds 1 du/acre, then both residential and non-residential developments which exceed 12$ impervious surface will be required to construct detention ponds. THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM THE BOARD OF COUNTY COMMISSIONERS AND THE PLANNING BOARD PLANNING BOARD CHAIR CAROL CANTRELL mentioned that citizens need to come forward and have all current uses included. The process after adoption of the amendments will be time consuming and cumbersome. Prior to adoption, established uses will be added automatically. After January 1st, all uses not listed will be considered non-conforming. CHAIR MOSES CAREY commented that the reason Back Creek Watershed is on the agenda is that it has a transition area that was not addressed in the previous public hearing. COMMISSIONER ALICE GORDON asked that the two watersheds be clearly listed as allowing the high density option. THERE WERE NO COMMENTS FROM CITIZENS. 1. Zoninq Atlas Amendments (c) Z-8-93 Old 86 Limited Partnership Eddie Kirk presented, for the purpose of receiving citizen comment, a proposed Zoning Atlas amendment. The property is located southwest of Cornwallis Hills Subdivision and will have access to Oakdale Drive (SR 1133) and Old Chapel Hill-Hillsborough Road (SR 1009) through Cornwallis Hills. The total area proposed for rezoning contains 48.68 acres and is described as Lot 1, Block C of Tax Map 42 in Hillsborough Township. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition. The current zoning is Residential-1 (R-1). The zoning district proposed is Residential-4 (R-4). A portion of the property is in the Transportation Corridor (MTC) overlay district. Adjacent property to the south and west is zoned Residential-1 and undeveloped. Cornwallis Hills Subdivision is north and east, which is zoned Residential-3 (R-3). The property will have access to public water and sewer from the Town of Hillsborough. The existing development of Cornwallis Hills is served by public water and sewer. Oakdale Drive is considered a collector and 3 had an average daily traffic count of 1,700 in 1991. Old Chapel Hill- Hillsborough Road is considered an arterial and had a 1991 traffic count of 11,000 trips per day. Under R-4 zoning, discounting 12~ for roads and recreation area, the maximum number of residential units allowed would be approximately 149, resulting in 1,490 trips per day. The Sheriff, EMS, fire protection, water and sewer service providers have each responded that service is available to the property in question. The Sheriff indicated additional personnel would be needed to provide proper service to the area. THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD In answer to a question Collins said that anything in the transition area could be developed at between one and 13 units per acre. The rural character strategies could be used but would not be required. EDDIE KIRK clarified that Oakdale Drive is considered a collector road in the Comprehensive Plan. Old Chapel Hill-Hillsborough Road is considered an arterial road. There are presently two streets that dead end into this property that are in Cornwallis Hills. Traffic from both of those streets would have to use the Cornwallis Subdivision to get to an arterial or collector street. THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM CITIZENS. MELVIN RASHKIS, General Partner, Old 86 Limited Partnership, indicated that this project has been under development for the last 10 to 12 years. When the original approval was given certain conditions were tied to the approval of the plat. Only one-half of the property was included in the original plat. He indicated that R-4 is being requested, rather than R-3, because the topography is different and flexibility will be needed in order to work around that topography. The density will not be increased as a result of the R-4 designation. 1. Zoning Atlas Amendments (d) Z-9-93 First South Bank, Inc. Eddie Kirk presented, for the purpose of receiving citizen comment, a proposed Zoning Atlas amendment in Efland. The property is located on the south side of Southern Drive (SR 1317) west of Mt. Willing Road (SR 1120). The proposed area to be rezoned is six (6.0) acres in size and is described as part of Lot 2A, Block F, of Tax Map 40 in Cheeks Township. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition, Commercial-Industrial Transition, and Water Supply Watershed. The current zoning designation of the property is Residential-1 (R-1) with overlay districts of Protected Watershed (PW-II) and Major Transportation Corridor (MTC). The zoning district proposed is Industrial (I-1) with overlay districts of PW-II and MTC. Adjacent property to the west is zoned Industrial (I-1) and Residential (R-1). Property to the east is zoned Local commercial and Residential (R-1). To the south is undeveloped property zoned Residential (R-1). The 4 property has access to public water but will be served by an individual septic system. The Health Department has found suitable soil on the property for a septic system. The lot has frontage on Southern Drive (SR 1317) which leads to Mt. Willing Road. Mt. Willing Road is designated as a collector in the Comprehensive Plan. The Sheriff, EMS and Fire protection have each responded that service is available to the property. The Sheriff indicated that additional personnel or equipment may be needed depending on the kind of proposed business. The Planning Staff findings as required by Article 20 and Article 4 of the Zoning Ordinance are included in the permanent agenda file in the Clerk's office . THERE WERE NO QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM CITIZENS MR. SIM EFLAND, owner of land adjacent to this property, spoke in opposition to this request for the following reasons: (i) There is an unresolved property line dispute. (2) The sewage line for the structure's septic. tank is on his property. (3) Orange County Government has not yet approved Phase II of the Efland Community sewage project. Mr. Efland indicated that at one time he owned all of this land. When the line serving the septic system became clogged, he ran the new line onto property adjacent to the First South Bank, Inc., property. PLANNING BOARD CHAIR CAROL CANTRELL indicated that the Planning Board will be considering this item on December 20th. She suggested that Mr. Efland attend this meeting. MR. TROY WOODARD, of First South Bank, Inc., stated that out of this 18 acre tract of land, six acres is being considered for rezoning. The building located on this property is currently zoned I-1 and the request is to have the six (6) acres adjacent to this building rezoned to the I-1 designation. The remainder of the property would remain R-1. The issue is that the driveway leading to the loading dock is zoned R-1. This does not give proper access to the building's loading dock. USA Dutch President Rita Keiser and Vice-President Bob Giggey currently occupy the building. Woodard indicated that First South Bank, Inc. would be happy to work with Mr. Efland in resolving his concerns. However, the six (6) acres in question for this rezoning request are not a part of the areas he mentioned as needing to have issues resolved. He also indicated that twelve (12) acres are in the water quality critical area. The rezoning request is for the remaining six (6) acres only. USA Dutch produces switching gear equipment for Northern Telecom and Data General. It is a non toxic industry which produces no liquid waste. PLANNING BOARD DIRECTOR MARVIN COLLINS stated that if this property 5 were rezoned the approval of the septic system would be determined by the Health Department, based on the number of employees, and amount of daily wastewater flow. There is no way to know in advance if a system would be approved. He feels that with 36" of red soil there would probably be no problem. The issue would be one of balancing the space needed for the septic .field vs. the size of the establishment. He commented that the existing line on Mr. Efland's property could possibly be relocated to the First South property. He will research that issue. He also commented that the current system is adequate for an establishment using water for bathrooms and sinks only. If another business located in this facility which required specialized processing of wastewater it could require pre-treatment and/or collection of the effluent from the manufacturing process and trucked to a public sewer system. This would be controlled by the approval or rejection of the improvement permits from the Health Department. The property could be rezoned now but an improvement permit would still need to be obtained. TOM WOODARD indicated that USA Dutch would like to purchase the land that the building is located upon as well as one other acre. The lending agent is requiring consistent zoning in order to approve the loan. MR. BOB GIGGEY, Vice-President of USA Dutch, indicated that this business was originally located in the Hillsborough Business Center until they outgrew the facility. They intend to expand their staff by an additional 10 employees within the next two years. He asked that the Board of Commissioners consider this rezoning request. 1. Zoning Atlas Amendments (e) Z-19-93 Paliouras Enterprises Inc., Jim Hinkley presented, for the purpose of receiving citizen comment, a proposed Zoning Atlas Amendment in Hillsborough Township. The proposed zoning lot is situated on the southeast quadrant of the interchange of I-85 and NC 86. The tract fronts on the rights-of-way of NC 86 for 886.1 feet and I-85, except for a narrow 3.34 acre strip owned by the Dental Foundation of North Carolina. The proposed area to be rezoned contains 1,653,973 square feet or 37.97 acres. The lot to be rezoned is situated entirely on the property owned by Paliouras Enterprises, Inc. The current zoning is CC-3 (MTC) Community Commercial (Major Transportation Corridor) and R-1 (MTC) Rural Residential (Major Transportation Corridor). Proposed zoning for the property is GC-4 (MTC) General Commercial (Major Transportation Corridor). Surrounding properties lie in the zoning jurisdictions of both the Town of Hillsborough and Orange County. The northwest quadrant of the interchange, which is in Hillsborough's jurisdiction, is zoned General Industrial (GI) and General Commercial (GC). The eastern side of the northeast quadrant is zoned General Commercial (GC) and Office and Institutional (OI). The southwest quadrant is zoned General Commercial (GC). The southeast quadrant, which is in Orange County's jurisdiction, is zoned R-1 Rural Residential (Major Transportation Corridor). The western side of the northeast quadrant is zoned GC-4 General Commercial (MTC) and I-2 Industrial (MTC). 6 THE PUBLIC HEARING WAS OPEN FOR QUESTIONS/COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD. COMMISSIONER INSKO commented that the entrance to a community needs to reflect that communities quality of life. This area does not reflect the quality of life in Hillsborough. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS/COMMENTS FROM CITIZENS. JOHN PALIOURAS indicated that the rezoning of this parcel would help to guide him in planning for the best use of this property in the future. A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko, to refer all of the items to the Planning Board, for a recommendation to be returned to the Board of Commissioners no sooner than January 4, 1994. 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 Monday, December 6, 1993 in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly Blythe, Clerk