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HomeMy WebLinkAboutMinutes - 19940523 1 APPROVED 6/28/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING MAY 23, 1994 The Orange County Board of Commissioners and the Orange County Planning Board held a quarterly public hearing on Monday, May 23, 1994 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Stephen H. Halkiotis, Alice M. Gordon, Verla C. Insko and Don Willhoit. ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair William Waddell, and members Virginia Boland, Margaret Brown, Paul Hoecke, Elizabeth Walters, Cherie Rosemond, Joan Jobsis and Clint Burklin COUNTY ATTORNEY PRESENT: Geoffrey Gledhill (arrived at 8:30) COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Economic Development Director Ted Abernathy, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planner Mary Willis, Zoning Enforcement Officer Jim Hinkley and Planner Emily Cameron. A. OPENING REMARKS FROM THE CHAIR Chair Moses Carey welcomed everyone to the meeting and requested that citizens who want to speak on an agenda item to sign the clipboard in the front. B. PUBLIC CHARGE Chair Carey read the public charge. CHANGES IN THE AGENDA Marvin Collins distributed a new facesheet and explained that items 3a1, 3c1 and 3d2 have been removed from the agenda because they were not properly advertised as required by the Zoning Ordinance. Item 3e was removed and will be considered in August. NOTE: ALL BACKGROUND INFORMATION IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE C. PUBLIC HEARING ITEMS 1. SUSTAINABLE COMMUNITIES PRINCIPLES Marvin Collins presented for public comments a proposed policy outlining sustainable community principles which could be used to evaluate local programs and policies. In summary, a sustainable community is one which uses and protects its human and natural resources to meet the current needs while insuring that enhanced community assets are available for future generations. It seeks improved public health, an informed citizenry and a better quality of life for all of its residents while promoting efficiency, conservation, pollution prevention and developing local resources to 2 strengthen the local economy. In March of this year, Commissioner Willhoit presented a report to the Board of Commissioners and asked that the Board consider adopting a policy statement with emphasis on a "Sustainable Community" rather than just development. If adopted, the proposed policy statement would be incorporated into the Board of Commissioners' Policy Manual and applicable to all County departments and agencies. THERE WERE NO QUESTIONS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR THE PLANNING BOARD. CITIZEN COMMENTS Melva Okun spoke in support of sustainable communities. She stated that there are different concerns in different parts of Orange County and it is important that people work together toward a common goal. She noted that many areas are coming together as a region to work toward a regional effort. She thanked the Board for their interest in this issue which she feels will make this a better county for everyone. Although she has no changes to suggest to the policy, she encourages the County to solicit feedback from all the people because there is a need for as much communication as possible. Christopher Cooke spoke in support of including this policy in the Board of County Commissioners' Policy Manual. He lives in Cheeks Township and works at the School of Public Health at UNC at Chapel Hill. He said that it seems that the consideration of these principles have a lot to do with the future of Orange County which is focused on development -- how much, where and at what cost. He feels that approving these principles will provide guidance for development and maintain the quality of life now enjoyed in Orange County. CONSENSUS OF THE BOARD There was a consensus of the Board to put this item on the agenda for June 6, 1994 for decision. Commissioner Willhoit suggested that, at that time, it be referred to the Planning Board and other human service boards for adoption. 2. $I$TORIC PRESERVATION ORDINANCE TEXT AMENDMENTS a. Article 4 (new) - Procedures for Reviewing Proposed Nominations to the National Register of Historic Places Emily Cameron presented for public comments a proposed amendment to the Historic Preservation Ordinance which would include procedures for reviewing proposed nominations to the National Register of Historic Places. A new Article 4 is proposed to duplicate in the Ordinance the requirements of the Certified Local Government Agreement pertaining to the review of National Register nominations by Orange County and the Division of Archives and History. THERE WERE NO QUESTIONS OR COMMENTS. MOTION A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to refer the proposed text amendment to the Historic Preservation Commission for a recommendation to be returned to the Board of 3 Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS 3. AMENDMENTB RE ATED TO ECONOMIC DEVELOPMENT DISTRICT a. Comprehensive Plan Map Amendments (1) Section 3.4 - Locational Criteria (Economic Development Activity Nodes) b. Zoning Ordinance Text Amendments (2) Article 4.2.19 - District Statements of Intent and Application Criteria Marvin Collins presented for public comments additional criteria by which to evaluate the location of Economic Development Activity Nodes (Transition). Page 31 of the agenda list the proposal by Commissioner Gordon and the recommendation of the Ordinance Review Committee. QUESTIONS/COMMENTS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR THE PT.ANNTNG BOARD Commissioner Gordon noted that development nodes should be located in areas which and sewer and not in areas which are not provided like for the economic nodes to have the same commercial nodes. THERE WERE NO PUBLIC COMMENTS. she felt these economic could be served with water these services. She would criteria as industrial or MOTION A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS 4. AMENDMENTS RELATED TO OPEN SPACE/DEVELOPMENT AREA PROPOSALS a. Comprehensive Plan Text Amendments (1) Section 4.1 - Overview of Implementation Strategies (Land Use Element Categories/Zoning District Matrix (Open Space Development Zoning District)] b. Zoning Ordinance Text Amendments (1) Article 4.2.6 Open Space Development (OSD) District (2) Article 4.3 Permitted Use Table (Open Space Development District) (3) Article 5.1.1 - Dimensional Requirements for Residential Development (Open Space Development District) (4) Article 6.30 - Development Standards for Open Space Development (OSD) Districts (5) Article 22 - Definitions (Open Space Development Area) c. Subdivision Regulations Text Amendments (1) Section IV-B-12 Open Space Developments 4 Marvin Collins presented for citizen comments proposed amendments to the Land Use Element of the Comprehensive Plan, Zoning Ordinance, and Subdivision Regulations through which to implement the intent of a new land use plan category entitled "Open Space Development Area." In summary Article 5.1.2 - Establishment of Dimensional Requirements (Schedule for Residential Development) of the Zoning Ordinance would provide a notation that open space development projects are subject to the design standards contained in Article 6.30 of the Zoning Ordinance which would establish a set of development standards which all projects in an Open Space Development District must comply. QUESTIONS/COMMENTS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR THE PLANNING BOARD In answer to a question from Commissioner Insko about the four land use categories, Marvin Collins made reference to a matrix that was part of the May 5, 1994 agenda which indicated what zoning districts match up with the different land use planning categories. NOTE: Geoffrey Gledhill arrived at this point. Commissioner Gordon suggested in the Land Use Plan changing the words "Open Space Development Area" to "High Density Open Space Development Area" so that it could specify that this type of land use category, with higher densities and more commercial development than currently allowed in rural areas, would be permitted only in certain designated areas rather than in all rural areas of the county. She also suggested in the Zoning Ordinance changing the words "Open Space Development District" to "Planned Community" (or "Village") so that "villages" would be only one of the types of zoning districts allowed in open space development areas. Other lower density zoning districts, which we could specify later, also could be allowed as options in open space development areas. We could then specify that villages such as University Station would only be allowed in certain designated locations in the County. CITIZEN COMMENTS Bob Harrell asked that the designated open space be high quality open space and that the unbuildable areas be excluded when setting aside 30$ for open space. Clint Burklin spoke as a citizen and member of the Rural Character Study Committee. He noted that at meetings all over the County he heard support for two acre lot conventional development as the base density for Orange County. He found that people wish to preserve open space ;and he felt that the focus for the use of open space should be on wildlife corridors. He feels that a one unit per acre cap on density is okay, particularly since that would allow the use of conventional septic systems and citizens have expressed concerns about alternative systems. He stated that the citizens want to limit water and sewer to transition areas. Bob Hall suggested replacing the two units per acre with one unit per buildable acre which will give a density higher than Hillsborough in general. 5 Jay Zaragosa said that although he has not had the opportunity to read the document, he operates the open space program for Wake County and thus has some knowledge about open space. He feels a big challenge is to define open space. In Wake County it is essentially land that is not developable and the amount can be as high as 70~ He urged the Board to carefully monitor the formation of homeowners associations, including the provisions for maintaining open space areas. Commissioner Gordon made reference to page 48 of the agenda packet which amends Article 4.3 of the Zoning Ordinance Permitted Use Table to add the Open Space Development District and which includes a list of permitted uses within that zoning district. She asked that the Planning Board consider using the same list of uses for the Open Space Development District as are permitted in R-1 and R-2 districts and that all uses be included. Commissioner Gordon made reference to page 49, Section 6.30.1 (a-1) which states that a minimum of thirty percent (30~) of the total tract area shall be designated as common open space and asked that the Planning Board consider whether that percentage should be increased to 50 or something inbetween. MOT ON A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 8, 1994 and that the recommended revisions to the proposals be reviewed by the County Attorney to insure compliance with statutory requirements concerning public hearing procedures and that all evidence received at the May 5, 1994 public hearing pertaining to this topic be entered into the record of this public hearing. VOTE: UNANIMOUS 5. OTHER ZONING ATLAS AMENDMENTS a. Z-2-94 Orange Water and Sewer Authority Jim Hinkley presented for public comments a proposed Zoning Atlas amendment in Bingham Township requested by Orange Water and Sewer Authority. The property in question is situated in the northwest quadrant of NC 54 and Orange Grove Road and consists of a 68.4 acre tract owned by Orange Water and Sewer Authority (OWASA). The current zoning is AR Agricultural- Residential. The proposed zoning is AS Agricultural Service. The requested rezoning has been initiated to accommodate the construction of a wastewater biosolids (sludge) storage facility required of OWASA by the State of North Carolina. This rezoning would also allow for future facilities for recycling sludge. They plan to construct one large tank and then a second one for additional storage. QUESTIONS/COMMENTS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR PLANNING BOARD Commissioner Willhoit made reference to composting the sludge and asked if this would be a permitted use or one which would require a conditional use permit. Jim Hinkley indicated that composting sludge as a service for a bonafide farm would be a permitted use. However, composting sludge for other uses in the County than farms may require a conditional use permit but he was 6 not certain. Commissioner Willhoit asked that another option be considered for the tank. CITIZEN COMMENTS Burnice Sparrow said that the waste would ruin the property value for the whole area. He suggested putting the sludge in the towns where it is generated. He said he has suffered enough and does not want the waste put on him. He asked that it be stored in Chapel Hill and not out in the County. MOTION A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to refer the proposed Zoning Atlas amendment to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS b. Z-4-94 Bobby Kirk Emily Cameron presented for citizen comments a proposed Zoning Atlas Amendment in Bingham Township as requested by Bobby Kirk. In summary, the property is located at the northwest corner of Orange Grove Road and Bradshaw Quarry Road in the Cane Creek Protected Watershed. The applicant proposes to rezone five (5) acres to Neighborhood Commercial. CITIZEN COMMENTS Bobby Kirk, the applicant, stated he plans to put a community store on this site. It will be a rustic type building with a porch on the front and back. He said there is a need for a store of this type in this area. He asked that the Board approve this rezoning. The Bingham Township Advisory Board voted unanimously in support of this rezoning. Alan Miller stated that he lives adjacent to the proposed rezoning. He has no objections to a country store but noted that there are other uses permitted in a "Neighborhood Commercial" designation including a motor vehicle service station. He noted that there are five service stations from I-40 to the courthouse and he objects to a service station in this location. The Cane Creek Protected Watershed is directly across the road from this area. QUESTIONS/COMMENTS FROM THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR PLANNING BOARD Commissioner Halkiotis asked for an explanation of motor vehicle service station and if it included gasoline pumps. Commissioner Willhoit noted that all runoff would have to be contained onsite. He does not feel there is much different between a full service station and one with gasoline pumps. MOTION A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to refer this proposed Zoning Atlas Amendment to the Planning Board for a recommendation to be returned to the County Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS 6. OTHER SIIBDIVISION REGIILATIONS TEXT AMENDMENTS a. Amendments to Allow Private Roads in Minor Subdivisions (i) Section II-Definitions (Minor Subdivisions) (2) Section IIIB - Classification of Subdivisions (3) Section III-C-4 Action Subsequent to Approval (Public Road Dedication) Mary Willis presented for citizen comment proposed amendments to the Subdivision Regulations to allow subdivisions of five or fewer lots to be approved through the minor subdivision process when public road dedication or improvement is required. QUESTIONS/COMMENTS FROM THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR PLANNING BOARD Commissioner Gordon expressed concern that the proposed amendment requires the Board of Commissioners to accept the right-of-way dedication without having reviewed the subdivision prior to its approval by the Staff, and asked if Board review could occur before the subdivision was finalized. The County Attorney stated that such a change would have to be advertised as a different amendment because the purpose of the amendment was to allow for staff approval of the subdivisions. Commissioner Willhoit expressed concern with amendments which would simplify and thereby encourage the approval of small, scattered subdivisions which may not contribute to the more comprehensive goal of preserving rural character. He further commented that the County should be encouraging the coordinated, cooperative development of open space in small subdivisions. THERE WERE NO CITIZEN COMMENTS. b. Section IV-B-4 Private Road Justification Criteria Mary Willis presented for citizen comments proposed amendments to the Subdivision Regulations to include, as a justification for a private road, the preservation of site features which preserve or enhance special or unique characteristics of the immediate area surrounding a proposed subdivision. QUESTIONS/COMMENTS FROM MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OR PLANNING BOARD Commissioner Gordon expressed concern that the proposed amendment was very subjective and could allow for approval of private roads in many circumstances, which appears to be counter to the current policy of favoring public roads. CITIZEN COMMENTS Chris Hogan expressed a concern that there be a community effort to work together to plan for the future of Orange County. MOTION A motion was made by Commissioner Willhoit, seconded by Commissioner ~ F 8 Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the County Commissioners no sooner than August 8, 1994. VOTE: UNANIMOUS D. ADJOURNMENT With no further items to come before the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on June 6, 1994 at 7:30 p.m. at the Caldwell Community Center in Rougemont, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk