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HomeMy WebLinkAboutMinutes - 199411301 APPROVED 1/17/95 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD NOVEMBER 30, 1994 The Orange County Board of Commissioners and the Orange County Planning Board met on November 30, 1994 at 7:30 p.m. in the new County Courthouse, Superior Courtroom, Hillsborough, North Carolina, for a joint quarterly public hearing. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice Gordon, Stephen Halkiotis, Don Willhoit and Verla Insko COIINTY ATTORNEY PRESENT: Geoffrey Gledhill COIINTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Marvin Collins, Planner Mary Willis and Deputy Clerk to the Board Kathy Baker. COUNTY PLANNING BOARD MEMBERS PRESENT: Chair William Waddell, and members Karen Barrows, Joan Jobsis, Elizabeth Walters, Cheryl Howie, Kent Scott, Clint Burklin, and Margaret Brown. COIINTY PLANNING BOARD MEMBERS ABSENT: Paul Hoecke, Cherie Rosemond, Virginia Boland and Larry Reid. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE LOCATED IN THE PERMANENT AGENDA FILES IN THE CLERK'S OFFICE A. OPENING REMARKS Chair Carey opened the meeting and introduced Planning Board Chair Bill Waddell. B. PUBLIC CHARGE Chair Carey dispensed with the reading of the Public Charge. The meeting was called to order at 7:40 p.m. C. PUBLIC HEARING ITEMS 1. Amendments Related to Watershed Protection Overlay Districts a. Article 6.23.2 - Residential Density This item was presented by Mary Willis in order to receive citizen comments on the proposed amendment to the Zoning Ordinance which would allow the transfer of dwelling units across common boundaries of adjoining lots of record for cluster subdivisions within the University Lake Watershed. THERE WERE NO QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS A motion was made by Commissioner Willhoit, seconded by Commissioner Insko, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than January 17, 1995. VOTE: UNANIMOUS 1. Amendments Related to Watershed Protection Overlay Districts b. Article 6.23.7b - Permitted Use in Stream Buffers c. Article 6.23.8 - Water Supply/Sewage Disposal Facilities d. Article 6.23.10a - Applicability/Existing Development s e. Article 6.23.1Oc - Applicability/Existing Lots f. Article 6.23.11 - Administration Items C1 (b-f) were presented by Mary Willis in order to receive citizen comments on proposed amendments which would allow for the reduction of setbacks adjacent to streams and reservoirs to the extent necessary to allow development of an existing lot of record. QIIESTIONS AND/OR COMMENTS FROM BOARD OF COMMISSIONERS OR PLANNING BOARD Commissioner Willhoit requested statistics on the frequency of pump failures and on the length of time between failure and completion of repairs. The localized effect from leaking tanks and/or nitrification fields needs to be considered. Mary Willis indicated that she would request this information from the Health Department and forward to the Commissioners. She commented that current Health Department standards require the septic tank and nitrification field to be 100 feet from the reservoir which exceed the state standards. Kent Scott indicated that each pump is equipped with an alarm which sounds when there is a failure. This is intended to immediately advise homeowners of the failure of their system. QDESTIONS AND/OR COMMENTS FROM CITIZENS MOLLIE S. JOHNSON, a Lake Orange homeowner, thanked the Orange County Planning Staff, Health Department and Board of Adjustment for their work on this project. She urged that these amendments be approved. GARY LUBARSKY, a Lake Orange homeowner, spoke in support of these proposed amendments. He indicated that on January 1, 1994 the existing structures and undeveloped lots on Lake Orange became non-compliant. Property owners were upset about the prospect of being required to use the Board of Adjustment process and pay those fees. He believes that these proposed amendments protect the existing property owners as well as the lake front property. MARILYN FAST, a Lake Orange property owner, thanked the Planning Board for their work on these proposed amendments, and requested that the Board of Commissioners approve them. She stated that it is important to the property owners that existing development be considered conforming. These amendments protect water quality without placing an undue burden on homeowners. TYSON CLAYTON, a Lake Orange property owner, spoke in support of these amendments and requested the Board of Commissioners approve them. BOBBY NICHOLS, requested that the Board of Commissioners approve these amendments. A motion was made by Commissioner Willhoit, seconded by Commissioner Insko, to refer these items to the Planning Board to be returned to the Board of Commissioners no sooner than January 17, 1995. VOTE: UNANIMOUS 2. AMENDMENTS RELATED TO I-40jOLD N.C. 86 ECONOMIC DEVELOPMENT 3 DISTRICT a. CP-5-94 I40/OLD N.C. 86 Economic Development District (Comprehensive Plan Amendment) b. Z-5-94 I40/OLD N.C. 86 Economic Development Districts (Zoning Atlas Amendment) c. Article 6.29.3 - Economic Development Districts Design Manual (Zoning Ordinance Text Amendments) These items were presented by Marvin Collins to receive citizen comment on proposed amendments to the Orange County Comprehensive Plan, Zoning Atlas, and Zoning Ordinance to implement the recommendations of the I-40/Old N.C. 86 Economic Development Districts Work Group. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD In response to a question from Chair Carey, Marvin Collins indicated that there was one property split by the district boundary. This occurred because the line follows Cates Creek. Where the line crosses Cates Creek the land becomes steeper and less suitable for development. The area west of Old NC 86 has been added to this proposal since the time of the original public hearing. This area is adjacent to Cornwallis Hills and includes property that fronts along Old NC 86 between the entrance to Cornwallis Hills and Oakdale Drive. These properties were added at the request of the individual property owners. Commissioner Gordon mentioned that south of I-40, the I-40/Old Hwy. 86 Work Group's intention was to reduce the impact of development so that there would be a gradual transition into the Rural Buffer. Although this is outside the scope of the Economic Development District she hoped to preserve the one dwelling unit per acre toward the Rural Buffer. The difference between Primary Development I and Primary Development II is that the southern-most portion does not have retail and requires a different site volume ratio. Marvin Collins indicated that step-outs or pipes have not been installed under I-40 through which sewer lines could be run. If sewer were extended in that location it would require boring under I-40. Extension of water would require boring and casing pipes unless the sewer line borings were used. OWASA does own a 16" water line which is connected to the Hillsborough system at Old NC 86. Old NC 86 might provide an easier means of getting from the north side to the south side of I-40 in lieu of having to bore the roadway itself. However, it would be extremely expensive. COMMENTS AND/OR QUESTIONS FROM CITIZENS EVELYN LLOYD, Commissioner for the Town of Hillsborough, indicated that the Hillsborough Board of Commissioners strongly recommends that the Orange County Board of Commissioners approve the rezoning for the proposed Economic Development District and the Design Manual with the stipulation that development is allowed to extend public water and sewer within the entire Economic Development District, including the area south of Interstate 40. This extension should be allowed without a time limit or build-out requirement. A written copy of this statement is in the permanent agenda file in the Clerk's office. PATRICK CLAYTON spoke in support of the Economic Development District proposal. He voiced a concern about the Primary II designation and about 4 the water issue. He and his family request that water be provided to the entire area. He feels that the south side will be penalized if water is not provided. MARY AYERS indicated that she was speaking for herself as well as the Ayers and Harris families. She stated that water and sewer needed to be extended into the entire Economic Development District. BILLY SMITH requested that this proposal be adopted. J. W. SMITH did not speak. JAMES WILLIAMS, a resident of Chapel Hill/Hillsborough Road, requested that these Amendments be adopted. JUNE HAAS, requested that her property be included in this proposed District and that the Board of Commissioners adopt these amendments. GUY MASSEY spoke as President of the Cornwallis Hills Property Owners Association. The association requested that the property on both side of the entrance to Cornwallis Hills be included in the district and that the proposed Hillsborough Economic Development District be included in the Orange County Economic Development District guidelines as set forth in the Design Manual. TONY WHITAKER, a resident of Cornwallis Hills, encouraged preplanning the driveway locations which will feed into Hwy. 86 so that traffic problems can be avoided. He recommended that the Primary II designation be used for this area. VIC CUNNINGHAM, a Cornwallis Hills resident, spoke in support of the Primary II designation. JO SOULIER of Cornwallis Hills spoke in support of the Primary II designation. MIKE DODSON stated that he is concerned that water and sewer be provided to the south side of this proposed district. He also supports retail being permitted in this area. DON COLLINS stated that he does not own property in the area in question, however, he does have an interest in the traffic. He supports the limitation on retail in the southern section of this proposed district. RICHARD ALLISON, a resident of Cornwallis Hills, supported the Primary II designation for the area which joins Cornwallis Hills. BOB BRIDGES, a Cornwallis Hills property owner, spoke in support of the Primary II designation being assigned to the area that joins this development. He requested that water and sewer be installed in both Primary I and Primary II. STICK WILLIAMS a member of the Public Water and Sewer Work Group, commented that the process used by this group was very effective. Having the Town of Hillsborough participate was critical to the process. He 5 supports this proposal, although, he would like to see water and sewer extended south of I-40. This is something that the Planning Board will have an opportunity to review and the Board of Commissioners will decide. The properties that join Oakdale and Cornwallis Hills were carefully considered. Those residents need to be considered in this process. SAM BRIGHTON, owner of the southeastern corner of the proposed district, stated that his request was for his entire property to be in the district and that water and sewer be provided. JACK SMYRE, Director of Planning with the John McAdams Company, spoke as a representative of the Carolyn Barnes property. Their concern is specifically focused on the small portion of land between the two R-2 areas. He requested that one land use be established and that the required width of the buffer be discussed. An unidentified citizen indicated that his property adjoins the Clayton property and requested that the amendments be adopted. ALLEN ADDISON spoke in support of the adoption of these amendments. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer these items to the Planning Board to be returned to the Board of Commissioners no sooner than January 17, 1995. VOTE: UNANIMOUS 3. OTBER ZONING ORDINANCE TERT AMENDMENTS a. Article 4.1 - Establishment of Use Regulations (Telephone/Fiber Optic Equipment) This item was presented by Mary Willis, to receive citizen comment on a proposed amendment to the Zoning Ordinance which would reduce restrictions related to the placement of cabinetized telephone equipment. TBERE WERE NO QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer these items to the Planning Board to be returned to the Board of Commissioners no sooner than January 17, 1995. VOTE: Unanimous ADJOURNMENT: With no further items to be heard, Chair Carey adjourned the meeting. The next regular meeting of Monday, December 5, 1994, at 7:30 Hillsborough, North Carolina. the Board of Commissioners will be held on p.m. in the old County Courthouse, Moses Carey., Jr., Chair Kathleen C. Baker, Deputy Clerk