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HomeMy WebLinkAboutMinutes - 199409061 APPROVED 11/1/94 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SEPTEMBER 6, 1994 REGULAR MEETING The Orange County Board of Commissioners met in regular session on September 6, 1994 at 7:30 p.m. at the Northern Human Services Center in Cedar Grove, North Carolina. 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 PREBENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Rod Visser, Clerk to the Board Beverly A. Blythe (other staff members are identified appropriately below) NOTE: All documents referred to in these minutes are in the permanent agenda file in the Clerk's Office. I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey moved to the top of the agenda reports "B" and "C". He asked that citizens submit their questions in writing to the Clerk because time will not allow all of their questions to be answered. He also deleted from Item VIII-D the refund for the Chapel Hill Country Club. B. REPORT ON APPLICATION OF STREAM BUFFER REQUIREMENTS ON EXISTING LOTS Planner Mary Willis presented information on the stream buffer provisions of the Zoning Ordinance as applied to existing lots of record. She explained that in some cases, the required buffers may render an existing lot unbuildable without a variance, since the width of the buffer was not taken into account when the lot was created. This issue creates a particular problem for the existing lots surrounding Lake Orange. She stated that the County Commissioners may wish to consider a strategy that could be used to address the development on existing lots of record which are now subject to stream buffer or reservoir buffer requirements. This strategy would allow the Planning Staff, in consultation with Environmental Health and the County Engineer to issue a zoning compliance permit for development which does not meet 'the minimum buffer requirements, when specific findings could be documented. In cases, where all the findings could not be met, the applicant would continue to have the choice of going before the Board of Adjustment for a variance. The list of findings would cover most of the situations.. She went over the specific findings as stated in the agenda. This proposed strategy will go to public hearing on November 28. She will be presenting this strategy in detail at a gathering scheduled for 6:00 p.m. this Friday at Lake Orange. She also plans to communicate directly with the property owners and will try to meet with any group that is interested in this information. In answer to a question from Commissioner Insko, Ms. Willis said that the present watershed standards do render some lots unusable. In order to alleviate that, the proposal will list the specific findings that would be 2 necessary for the lot to be used. In answer to a question from Commissioner Gordon, Ms. Willis said that there are Health Department requirements for the distance between the well and septic tank. The state requirement for the location of a septic system is 50 feet from a stream and 100 feet from a reservoir. Mr. Bob Perry, property owner on Arrowhead Trail, stressed the need for the citizens to have specific information. He spoke on behalf of 50 property owners (34 homes) around Lake Orange. He said there are no two acre lots on his side of the Lake. He built his home in 1987 and thought these new setback requirements did not apply to him. He understands that all the existing homes will be grandfathered in and asked how that would be handled. He asked what would happen if he sells him home, leaves it to his heirs, or if it is destroyed by fire or natural disaster. He understands that they are now nonconforming and have been downzoned. He is worried about what will happen to his home. Geoffrey Gledhill responded to Mr. Perry's questions. He explained that the Orange County Zoning Ordinance treats houses different from other structures. The zoning regulations allow. property owners to rebuild a residence if it is on a lot that was appropriate for the building of a house at the time the house was built there. One minor exception is that a new house built on a lot after the original house is destroyed would have to meet side, rear and front setbacks. If for some reason it could not meet these setbacks, the person would be eligible to apply to the Board of Adjustment for a variance. Most of the time this is not a problem. The setbacks for the watershed protection regulations are in the same category. If a property owner wants to build a house and can not meet the watershed protection setbacks, they would need to go through the Board of Adjustment process. What is being proposed is to allow the staff to plan for the placing of the home on the property to keep the maximum amount of buffer possible. With respect to the Health Department regulations, existing systems are treated differently than new systems. It allows for compromises on setbacks for existing systems. If a house burns, the septic tank and septic system would not be affected so the Health Department would not have to be involved in the permitting of the reconstruction except to approve the system on that site. If a person never built on their lot and a permit is requested, the Health Department rules (State rules) cannot be varied with respect to setbacks. This is the only time that a person would not be able to build a house on an existing lot. With respect to transferability, the lots are transferable and the ability to build is transferred with the house. There are some lots around Lake Orange that were created around 1981 that do not meet the Health Department regulations and those lots have had to be combined in order to be permitted. Except for that situation, he feels that the implementation of the proposed changes would result in all of the lots around Lake Orange being developed. Chair Carey encouraged the citizens in the audience to attend further Planning Board meetings and to submit their comments in writing. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to forward the strategy as described in the agenda to the Planning Board for development of a Zoning Ordinance Amendment to be presented at the quarterly public hearing scheduled for November. VOTE: UNANIMOUS 3 C. REPORT RIIRAI, CHARACTER PRESEROATION PROPOSAL Marvin Collins reported on a staff-generated rural character/open space preservation strategy. A .summary sheet was distributed. The proposal is an attempt to focus on a specific means of addressing all the different interests. In summary, the proposal would maintain the existing one acre minimum lot size requirement. The provision of open space would be optional. However, a developer would be required to submit two concept plans -- one for a conventional subdivision and another for a "flexible" or open space subdivision. Both plans would be approved and it would be the developers option which plan they want to pursue. Another proposal is that at least one- third (33$) of the land within a "flexible" or open space subdivision must be set aside as open space which may be preserved through several approaches as listed in the report. Density bonuses will be provided, based on compliance with design guidelines rather than the amount of open space provided. Bonuses are also limited by the type of water supply/sewage disposal service available to the development. The "Flexible Development" option is being prepared in the format of an amendment to the Subdivision Regulations. The basic strategy is to substitute it for the current "cluster Development" standards. Associated with the amendment would be the preparation of a Rural Design Guidebook to illustrate, through a case study approach, how to use the option in designing open space or "flexible" developments. Commissioner Gordon noted that she voted against taking the two acre minimum lot size to public hearing. She felt that the options as outlined by the Rural Character Study Committee was what should have been taken to public hearing. Chair Carey announced that this report is for information only at this time. This item is currently under consideration by the Planning Board. II. AIIDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey said that anyone who would like to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA 1. Community Concerns Tyson Clayton said that the meeting at Lake Orange originated because of random rumors. He stated that he is concerned about actions. the County Commissioners have taken during the last few years which have resulted in increased burdens on landowners in Orange County. These include fees, setback requirements for watershed protection which far exceed the State standards and now the two acre minimum lot size. He noted that last year the Planning Board recommended that the one acre minimum lot size be maintained and open space provisions be voluntary. He questioned why the County Commissioners elected not to adopt those recommendations. He feels that imposing the two acre minimum and mandatory open space provision .slaps affordable housing in the face. He said he is not against open space or the two acre minimum. He feels the method being proposed is ethically and morally wrong and hopes that the method adopted is fair and equitable for all the citizens of Orange County. Mr. Tyson's statement is in the permanent agenda file in the Clerk's office. Chair Carey noted that public hearings are held so that the 4 County Commissioners can consider public comments and concerns when they make their decision. Sue Culbreth spoke as a representative of the Coalition for Rural Equity. She presented a petition to the Board with 1,808 signatures. The petition reads as follows: We the undersigned hereby request: (1) that the county commissioners not adopt the proposed 2-acre minimum/average lot size; and (2) that any open-space options be strictly voluntary. Jennifer Hall-Tilley stated she sells real estate in Orange County. They are having a difficult time finding affordable homes for their customers. She feels the two acre minimum will make it impossible to find a home which cost less than $100,000. Wayne Tilley stated that he has two lots on Lake Orange. One lot is vacant and he understands that, according to the new regulations, he cannot build a house on his second lot unless he goes ,through a complicated procedure. He said that he was told that existing lots of record were exempt. He now understands that his property will be included in these new regulations. Chair Carey emphasized that the Board did not adopt anything that had not gone to public hearing first. He asked Mr. Tilley to contact the Planning Department about his specific situation. John Canada said that he developed a piece of property on St.Mary's road in accordance with the Subdivision Regulations. He now has a lot that is nonconforming because of the new guidelines. He would like for the guidelines to stay the same and not change midstream. He questioned the State guidelines and Chair Carey asked that Mr. Canada be provided with a copy of those regulations. Vic Knight spoke about the two acre minimum and how it may affect the cost of housing. He feels it is important to meet with groups and exchange ideas. Commissioner Willhoit noted that he has offered and feels it is very important to meet with groups of citizens and talk about issues important to them. Deborah Reid spoke against adding a courtroom to the new courthouse. She feels a new courtroom will not help the quality of the judges, district attorneys, magistrates or lawyers. Her complete statement is in the permanent agenda file in the Clerk's office. Deneen Mullins said that her parents purchased five acres for her and her brother and sister to build a house. They cannot build because of the new regulations. If the County does this to her, she will move her family to a county that cares about their citizens. Joan Helton lives in a small development on Harmony Church Road. They live in a mobile home and have been making payments on their land for two years. Out of nine lots in this development, she is the only one that has a lot large enough to build. Geoffrey Gledhill said that if the lots are 5 already platted that any change in the lot size will not affect the ability to build a house on the lots. However, setbacks will have an effect if they are in a watershed. Camilla White presented a letter from a neighbor.. She said that they love the property they have and asked the Board to help them with the property instead of taking it away from them. She asked that the Board help the senior citizens to stay in their homes instead of a rest home. Lillie Coble who lives in Perry Hills spoke against the two acre minimum lot size. She is concerned about her children and grandchildren and their ability to have a house. She said that people have been building on lots less than one acre as long as she can remember. She asked that this privilege not be taken away and that they take into consideration the feelings of the people. She asked the Board to forget about this proposal and think of the people. Reverend G. I. Allison spoke against the two acre minimum lot size. He asked the Board to consider the population that depends on public assistance. At this point in the meeting, there was a five minute break. There was a consensus of the Board to continue items IX-B, C, and D and item X-D and E to a future meeting. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. BOARD COMMENTS - NONE IV. COUNTY MANAGER'S REPORT - NONE V. RESOLUTIONS~PROCLAMATIONS A. PROCLAMATION OF SEPTEMBER 24, 1994 AS HUNTING AND FISHING DAY IN ORANGE COUNTY A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to proclaim September 24, 1994 as "Hunting and Fishing Day" in Orange County as stated below: PROCLAMATION HIINTING AND FISHING DAY SEPTEMBER 24, 1994 WHEREAS, Conserving our state's natural and wildlife resources is one of the most important responsibilities we have to this and future generations of North Carolina; and WHEREAS, Hunters and anglers were among the first to realize this 6 responsibility nearly 100 years ago when they saw firsthand how expanding civilization and unregulated exploitation had caused disastrous declines in wildlife population throughout North Carolina; and WHEREAS, North Carolina hunters and anglers took steps to reverse this trend, helping found the conservation movement, supporting laws to stop uncontrolled exploitation of wildlife and helping establish game and fish laws, enforcement and management practices; and WHEREAS, They also suggested and supported laws to establish special hunting and fishing license fees and special taxes on their equipment to pay for conservation programs; and WHEREAS, In the fiscal year 1993-94, North Carolina's hunters and anglers contributed $25 million to the N.C. Wildlife Resources Commission's conservation programs. These programs have benefitted hundreds of wildlife and fish species, from deer, quail, wild turkey, striped bass and brook trout to otters, bald eagles, alligators, and songbirds--fish and wildlife that all North Carolinians can enjoy. NOW, THEREFORE, the Orange County Board of Commissioners, do hereby proclaim September 24, 1994 as "HUNTING AND FISHING DAY" in Orange County and call upon all the citizens of the County to recognize the roles of these men and women in preserving this important part of our American heritage and in ensuring the wise and proper management of our natural resources. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS - NONE VII. POBLIC HEARINGS A. PIIBLIC HEARING ON FARMLAND PRESERVATION BOND REFERENDIIM Planning Director Marvin Collins said that this is a legally required public hearing to provide an opportunity for anyone who wishes to be heard on the questions of the validity of the Bond Order and the advisability of issuing the bonds. Prior to the meeting, information on this program was distributed. A slide presentation was done at this time by Management Analyst Sharron Siler. The public hearing was open for citizen comments. Joyce Stanford stated she is against this program because she does not believe that selling development rights can keep a farm in business. Ben Lloyd stated that he would like to be included in the program but disagreed with the rating system used to rate farms. James Upchurch stated he is not interested in the program. Bill Waddell spoke in support of the proposal. Bobby Nichols stated he is opposed to the program and suggested 7 another program instead. Mary Copeland asked a question about the 80 acre requirement for participation. George Chockley asked about the criteria for selling the bonds. Chair Carey reemphasized that if the bond is approved, a person will need to go through the steps as outlined in the proposal in order to be considered for participation. If there are no participants, no bonds will be sold. Commissioner Halkiotis feels it is very discouraging that the word "voluntary" has been lost.. He knows that many farmers support this program. A motion was made by Commissioner Insko, seconded by Commissioner Willhoit to close the public hearing and approve a Bond Order Authorizing $5,000,000 in Farmland Preservation Bonds and Notice of Special Bond Referendum Resolution and authorize the Clerk to meet all publishing requirements as suggested by Bond Counsel. A copy of the fully executed Bond Order is in the permanent agenda file in the Clerk's office. VOTE: UNANIMOUS B. CABLE R'V SERVICE, EOIIIPMENT AND INSTALLATION RATE APPROVAL Assistant County Manager Albert Kittrell reported that the Cable Committee agreed with the findings of the consultants for TJCOG that both cable companies' rates are in compliance with the FCC rates. Since both cable companies are in compliance, he recommends that the Board not request rate changes from the FCC. A motion was made by Commissioner Insko, seconded by Chair Carey to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Insko to authorize the County Manager to sign the "Order Approving Benchmark Rates" for Cablevision and Cablevision Industries. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Insko, seconded by Chair Carey to approve those items on the Consent Agenda as listed below: A. COORDINATED AREA TRANSPORTATION AGREEMENTS The Board approved and authorized the Chair to sign Coordinated Area Transportation agreements for (i) Vehicle Lease with OPC Mental Health, Orange Enterprises, Wake Opportunities, Cedar Grove Day Care, and Charles House, (2) Driver Assignments with OPC Mental Health, Orange Enterprises and Wake Opportunities, and (3) Taxi Provider with Airport and Intown Taxi, Canaday Cab, Orange Cab, and Tarheel Taxi. B. WYNGATE LAREB - PRELIMINARY PLAN This property is located on the south side of Interstate 85 on the Hillsborough/Eno Township line at the western corner of Old NC 10 and .. 8 Lawrence Road. The total acreage is 36.8. Thirteen new residential lots are proposed. The Board approved the Preliminary Plan for Wyngate Lakes Subdivision with a public road built to State standards and subject to the conditions contained in the Resolution of Approval as presented in the agenda. C. NEW HOPE SPRINGS, SECTION TWO PRELIMINARY PLAN This property is located in Chapel Hill Township on the south side of Davis Road at the end of Hope Valley Drive and New Hope Springs Drive. Section one was approved in October. In Section Two, 26 lots are proposed that average 1.12 acres in size. The Board approved the Preliminary Plan for New Hope Springs, Section Two with public roads built to State standards and subject to the conditions contained in the Resolution of Approval as presented. D. PROPERTY TAB REFUNDS The Board approved a tax refund for Louis C. Almekinders, Acct. # 159744 for $156.14 and a tax refund for James E. Upchurch, Acct. #9529 for $189.59. The tax refund for the Chapel Hill Country Club was deleted from the agenda. E. BBTDC CONTRACT RENEWAL The Board approved and authorized the Chair to sign the Small Business and Technology Development Center (SBTDC) contract to continue implementation of the Economic Development Commission Strategic Plan Challenge 5. F. CONTRACT APPROVAL - GEOTECHNICAL SERVICES FOR JAIL AND COURTHOUSE ADDITION PROJECTS The Board approved and authorized the Chair to sign a contract with Trigon Engineering Consultants, Inc. in the amount of $2,550 for geotechnical services associated with the Jail Addition and the Courthouse Addition Projects. G. MINUTES The Board approved the minutes for June 6, 1994 and August 23, 1994 as submitted in the agenda. H. ESTABLISHING CABLE TV PIIBLIC HEARING DATE FOR FRANCHISE The Board established a public hearing on cable TV franchise renewal for October 5, 1994. VOTE ON THE CONSENT AGENDA: UNANIMOUS CITIZEN COMMENTS ON A TA% REFUND REQUEST Mr. James Upchurch asked that the Board consider his refund request for 1988. He feels that since this request was on an earlier refund request that it should be honored at this time. The County Manager and Chair Carey will take this request under advisement. IX. ITEMS FOR DECISION - REGIILAR AGENDA A. REOUEST TO APPOINT AN ANIMAL CRUELTY INVESTIGATOR A motion was made by Commissioner Willhoit, seconded by 9 Commissioner Insko to approve the request of the Orange County Animal Protection Society (APS) to appoint a County Animal Cruelty Investigator under North Carolina G.S. 19A with the understanding that as an appointee of the County, this investigator will follow the cruelty investigator protocol, as agreed to by the County and APS, and will be subject to County review as is customary for any County appointed representative. VOTE: UNANIMOUS B. SEWER EASEMENT AGREEMENT WITH HILLSBOROUGH This item was postponed. C. PINEY MOUNTAIN GRANT FUNDING PROPOSAL This item was postponed. D. PROFESSIONAL ASSISTANCE - JUSTICE FACILITY STUDY GROIIP This item was postponed. X. REPORTS A. CHAPEL HILL/CARRBORO SCHOOL DISTRICT REPORT PLANS FOR NEW ELEMENTARY SCHOOL Neil Pedersen, Superintendent, made some supporting comments for a new elementary school. The architect summarized the design and layout of the elementary school. This is included in the agenda. THE BOARD EXTENDED THE MEETING 15 MINUTES BEYOND THE 10:30 ADJOURNMENT TIME Chair Carey asked for figures from both systems for energy consumption. John Link will provide these figures. Commissioner Halkiotis expressed a concern about the cost for specific items as presented in the agenda. In answer to specific questions, Neil Pedersen said that the contingency for the McDougle School. was used for site preparation and technology. Commissioner Halkiotis did not agree with these items coming from contingency. He emphasized that a lot of schools have been built for a lot less with a lot less traditional designs that are energy efficient. He asked for reports on energy consumption from. both schools. He has a problem with $500,000 in contingency, movable equipment and fixed equipment. He feels it important to be accountable to the citizens. In answer to a question from Chair Carey about site development, Neil Pedersen said that although a lot has been spent on site development, there will be a lot of infrastructure that will need to be extended for this new school. Chair Carey stated that discussion on this item will be continued at the next meeting. B. REPORT ON APPLICATION OF STREAM HIIFFER REQUIREMENTS ON EXISTING OTS This report was given on page one of these minutes. 10 C. REPORT - RU This report D. DUMPING OF 1 This report E. DUKE FOREST This report ItAL CHARACTER PRBSERVATION PROPOSAL was given on page three of these minutes. iPASTE--MULTIFLORA GREENHOUSES INC. was included as part of a Manager's memo. PARKING RESTRICTIONS was included as part of a Manager's memo. XI. APPOINTMENTS - NONE XII. MINUTES - NONE XIII. EBECUTIVE BESSION - NONE XIV. ADJOURNMENT With no further items for the Board to consider, Chair Carey adjourned the meeting. The next regular meeting will be held on Tuesday, September 20, 1994 at 7:30 p.m. at the OWASA Operations Center Community Meeting Room, Jones Ferry Road in Carrboro, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair