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HomeMy WebLinkAboutMinutes - 199501171 APPROVED 2/6/95 MINUTES JANUARY 17, 1995 ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING The Orange County Board of Commissioners met in regular session on Tuesday, January 17, 1995 at 7:30 p.m. in the community meeting room at the OWASA Operations Center, 400 Jones Ferry Road, Carrboro, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William C. Crowther, Alice M. Gordon, Stephen H. Halkiotis 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 and 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. All amendments to County Ordinances will be incorporated by reference into the Ordinance Book in the Clerk's office. I. ADDITIONS OR CHANGES TO THE AGENDA Chair Carey asked that the Board consider a correction from Commissioner Willhoit to the December 5, 1994 minutes as distributed. II. AUDIENCE COMMENTS A. MATTERS ON TH8 PRINTED AGENDA Chair Carey said that citizens who have indicated a desire to speak will be recognized at the appropriate time. He asked that comments on the same issue be made by selecting two or three citizens from each side of the issue to speak. B. MATTERS NOT ON THE PRINTED AGENDA Patrick Mulkey, member of the Bingham TAC and the volunteer fire department asked that the County Commissioners consider an arrangement with the UNC Hospitals, who recently purchased the PHE building, and OWASA to contribute to the fire district tax. Neither one pays for this service because of their tax exempt status. PUBLIC CHARGE Chair Moses Carey, Jr. read the public charge. III. BOARD COMMENTS Commissioner Gordon noted that there are additional materials that go with report "B" concerning Eno Drive. She asked that the Stoney Creek Planning Group be expanded to include citizens, and requested that the matter be placed on the agenda for the February 6 Commissioners' meeting. 2 Commissioner Halkiotis strongly emphasized that the dangerous situation at the Mount Herman Church Road/Highway 70 intersection be brought to the attention of the Department of Transportation. He asked the County Manager to make that contact. Also, he noted that DOT was investigating the New Hope Church Road/NC86 intersection during Christmas vacation instead of during a more normal period of time. IV. COIINTY MANAGER'S REPORT.- NONE V. RESOLUTIONS/PROCLAMATIONS A. ARTSCENTER FONDING RESOLIITION A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve the resolution as stated below: A RESOLUTION EXPRESSING THE INTENT OF THE COUNTY COMMISSION TO MAKE ANNUAL APPROPRIATIONS TO THE ARTSCENTER FOR SERVICES RENDERED IN THE AMOUNT OF $15,000 WHEREAS, the County has, every fiscal year since 1991-92, made an appropriation to the ArtsCenter in return for cultural activities and other services performed for or offered to Orange County residents; and WHEREAS, the amount of such annual appropriation has ranged from a low of $5,000 to a high of $15,000, and WHEREAS, the ArtsCenter now seeks to purchase the leased building where it currently conducts its programs and activities, and WHEREAS, to assist it in obtaining the financing necessary to acquire this building, The ArtsCenter has requested the County Commission to express its current intent to continue to make annual appropriations to The ArtsCenter in the amount of $15,000 for a period of ten years. NOW, THEREFORE, THE COUNTY COMMISSIONERS OF ORANGE COUNTY RESOLVE: Section 1. The County Commission hereby expresses its intent that the County will continue for a period of ten years, beginning with fiscal year 1994-95, to appropriate to The ArtsCenter, in return for services rendered, the sum of $15,000. Section 2. While this resolution expresses the good faith intent of the current County Commission, The Commission acknowledges that it cannot bind future County Commission members in the exercise of their governmental discretion, including discretionary appropriations. Thus, the Commission recognizes that this resolution is not intended to and does not constitute a legally binding commitment on the part of Orange County to appropriate funds to The ArtsCenter. VOTE: UNANIMOUS B. RESOLUTIONS OF APPRECIATION FOR SERVING ON THE HUMAN RELATIONS COMMISSION A motion was made by Commissioner Gordon, seconded by Commissioner 3 Halkiotis to approve two resolutions of appreciation for Lynette Jeffries and Miriam Slifkin who both retired from the Human Relations Commission after seven years of service on that volunteer commission. The resolution is stated below: RESOLUTION OF APPRECIATION WHEREAS, Lynette Jeffries/Miriam Slifkin have served Orange County's Human Relation Commission in an exemplary manner by providing active and continued leadership; and, WHEREAS, Lynette Jeffries/Miriam Slifkin have given freely and generously of their time, talents and energy in order to further human relations among citizens in Orange County; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners, through its members Moses Carey, Jr., Alice Gordon, Stephen Halkiotis, Don Willhoit and Bill Crowther does express its sincere appreciation to Lynette Jeffries/Miriam Slifkin for their efforts on behalf of the citizens of Orange County. VOTE: UNANIMOUS VI. SPECIAL PRESENTATIONS A. ORANGE COUNTY ARTS COMMISSION PRESENTATION OF GRANT AWARDS AND REPORT AND SPECIAL RECOGNITION FOR WILMA TINNEY After comments made by Arts Commission member Tom Waldrop, Chair Moses Carey read the names of the recipients of the grant awards for this year and checks were distributed. The Board recognized Wilma Tinney who retired as Special Populations Supervisor after twelve years with Orange County. Her major contributions have been associated with the growth of the Orange County Senior Games and while coordinating activities with the Cooperative Extension Service she implemented many programs for teens and reinstituted the Teen Board made up of Orange High School students. Wilma served as the Liaison to the Arts Commission from its beginning until her recent retirement. VII. PUBLIC HEARINGS - NONE VIII. ITEMS FOR DECISION - CONSENT AGENDA A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below: A. APPOINTMENTS The Board approved the following appointments: Mebane Board of Adjustment - reappointment of Leo Hoover for a term ending December 31, 1996 Nursing Home Community Advisory Committee - Reappointment of Nora Mellot, Mary Tyrey and James Benedetti for terms ending December 31, 1997 Board of Health - appointment of Dr. Laurel Cropper for a term ending June 30, 1997 B. MINIITES The Board approved the minutes as corrected for November 30, December 5, and December 20, 1994. 4 C. 1995 CLG SURVEY AND PLANNING GRANT APPLICATION The Board approved and authorized the County Manager to sign an application for up to $9,525 from the CLG Survey and Planning Grant Program. The amount will be matched by $6,075 from Orange County and will be used to complete Phase II and Phase III of Orange County's historic preservation program. D. PROPOSED ZONING ORDINANCE AMENDMENT - ARTICLB 4.1 ESTABLISHMENT OF IISE REGULATIONS The Board approved an amendment to the Zoning Ordinance which would reduce restrictions related to the placement of cabinetized telephone equipment. E. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - ARTICLE 6.23 WATERSHED PROTECTION OVERLAY. DISTRICTS (SUBDIVISION - LOTS OF RECORD) The Board approved an amendment to the Zoning Ordinance to allow the transfer of dwelling units across common boundaries of adjoining lots of record for cluster subdivisions within the University Lake Watershed. F. PETITION FOR ADDITION OF JAMESON ROAD IN LITTLE RIVER TOWNSHIP The Board approved a petition from NCDOT for the addition of Jameson Road in Little River Township to the State-maintained Secondary Road System. G. PETITION FOR ADDITION OF RAPIDS OF ENO LANE IN ENO TOWNSHIP The Board approved a petition from NCDOT for the addition of Rapids of Eno Lane in Eno Township to the State-maintained Secondary Road System. H. OPEN SPACE DEVELOPMENT DESIGN GUIDEBOOK The Board approved the approach as outlined in the agenda for preparing the design guidebook for open space development. The Chair was authorized to sign the letter of support for inclusion in the grant application to be submitted by the North Carolina Association of County Commissioners. VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. PROPOSED ZONING ORDINANCE TEXT AMENDMENT - ARTICLE 6.23 WATERSHED PROTECTION OVERLAY DISTRICTS (STREAM/RESERVOIR BUFFERS) Planner Mary Willis asked that the Board consider an amendment 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. With regard to the frequency of septic tank failures, the information is not available. OWASA's recommendation was addressed with the resolution that will be approved as part of this item and stated below. Several citizens expressed appreciation to the County Planning Board and staff for working through this situation to a satisfactory solution. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the proposed amendment with elimination of Article 6.23.10(c)6 and to approve the resolution as stated below which 5 provides assurance that the Planning Staff will continue to explore options by which the original intent of Article 6.23.10(c)6 can be met. Commissioner Gordon expressed a concern with applying this amendment to all stream buffers. Commissioners Carey and Willhoit said they were satisfied that this amendment would not have a significant impact on other stream buffers in other watersheds. A RESOLUTION DIRECTING THE PLANNING STAFF TO EXPLORE MEANS BY WHICH TO DETERMINE EFFECTS OF CERTAIN SEPTIC SYSTEMS ON WATER SUPPLY RESERVOIRS WHEREAS, Orange County has demonstrated a commitment to protect drinking water supplies by adopting watershed protection standards which in many aspects exceed minimum standards required by the Division of Environmental Management; and WHEREAS, the standards adopted by Orange County require that new septic system drainfields be located at least 300 feet from reservoirs, and that buildings be located at least 150 feet from reservoirs; and WHEREAS, the Orange County Board of Commissioners, in recognition that these setback requirements may pose a hardship on development of existing lots, has approved an amendment to the Zoning Ordinance which would provide an administrative procedure for consideration of a reduction in setback requirements on existing lots when specific criteria are met, and WHEREAS, the Orange Water and Sewer Authority staff had recommended that those criteria include a provision that administrative reduction of septic system setbacks adjacent to a reservoir not be allowed in situations where water quality problems were present in the reservoir which could be attributed to a failing septic system within 300 feet of the reservoir; and WHEREAS, the staffs of the Orange County Planning Department, Orange County Environmental Health and Orange Water and Sewer Authority have concluded that a baseline level of coliform within a reservoir is needed to determine if water quality has been impaired due to the failure of a septic system within 300 feet of the reservoir; and WHEREAS, there are no baseline coliform levels established for University Lake, Cane Creek Reservoir, Lake Orange or Corporation Lake; and WHEREAS, the amendment provision recommended by OWASA staff has not been adopted by Orange County due to the lack of information available by which to determine if a failing septic system has affected water quality in the reservoir; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby directs the Planning staff, Environmental Health staff and the County Engineer to continue to explore possible means, including but not limited to the feasibility of measuring of baseline coliform levels, by which to determine if a malfunctioning septic system within 30o feet of a water supply reservoir has affected water quality within the reservoir and to report its findings and recommendations on this matter to the Board of Commissioners no later than July 1, 1995. VOTE: UNANIMOUS 6 B. I-40/OLD NC $6 ECONOMIC DEVELOPMENT DISTRICT Planning Director Marvin Collins presented for Board consideration proposed amendments to the Orange County Comprehensive Plan, Zoning Atlas and Zoning Ordinance through which to implement the recommendations of the I- 40/Old N.C. 86 Economic Development District Work Group. The recommendations reached by consensus are listed in the agenda as well as the Planning Staff recommendations, Planning Board recommendations and the Neighborhood Mediation Session between the Cornwallis Hills Homeowners Association and the Old N.C. 86 property owners. The Planning Board recommended approval of the area south of I-40. They did not make a recommendation for the area from Oakdale Drive to Cates Creek. A compromise was not reached in that area. With regard to a question from Commissioner Halkiotis, Marvin Collins stated that in order for a Comfort Inn to be built in the Cornwallis Hills area, a person would need to buy up all the land, clear the site and start from scratch which is not likely to happen. Hillsborough has adopted a resolution of intent in their long-range plan for annexation of Cornwallis Hills. In answer to a question from Commissioner Willhoit, Collins said that if NC86 is widened, DOT will take 20 feet from each side of the road. With regard to driveway cuts, Commissioner Crowther said that Hillsborough has a driveway regulation permitting no more than one driveway cut per 1, 000 feet. Commissioner Willhoit feels that one option for the area from Oakdale Drive to Cates Creek is to develop a category between Primary and Secondary like "Highway Commercial". He suggested referring this back to the Planning Board and staff and asking that they, along with the Economic Development Commission, bring back a recommendation. PIIBLIC COMMENTS Mark Johnson, resident of Cornwallis Hills, stated that they live in a residential area that will stay residential. He feels that if they have industry surrounding them, their property values will decrease. He would like to see the Secondary category approved for this area because he feels it would be more appropriate. Jo Soulier, President of the Cornwallis Hills Property Owners' Association, said that she fears for the safety of her children. They have an established neighborhood of 134 families with children. This EDD will directly affect 26 of their lots. She feels that Secondary is a good compromise position. She is concerned that there will be development from I- 40 to the Courthouse. A copy of her complete statement is in the permanent agenda file in the Clerk's office. Cheryl Howie expressed concern about this area and the traffic that will be generated by the development. She feels that further discussion is necessary to come to a compromise solution. June Haas, resident of Old 86, stated that putting these homes in the Secondary category means that their property will be the only property from Hillsborough to I-40 that is not retail. She asked that the Board vote their conscience and to not be influenced. Richard Williams stated he does not own property in this area but participated as a member of the Economic Development Commission and a member of the working group. He noted that the citizens who live on Old 86 came to every meeting and asked for their help. He asked that the Board not limit what these people can do with their property. Bob Smith, resident of Old 86, said that he wants to be able to sell his land. He wants to find a place to raise his children away from the traffic and congestion. He stated that no one in the seven houses on Old 86 wants to create additional problems for those who live in Cornwallis Hills. He asked to be treated equal. He feels that eventually, DOT will build a 4- lane road in this area. Chair Carey said he is concerned with both sides of the issue. The County Commissioners' responsibility will be to make the best decision for those who live in this area. He hopes the Board can proceed with the area south of Cates Creek and that a compromise can be reached north of Cates Creek. Commissioner Halkiotis agrees with the creation of a new category between Primary and Secondary or expanding the Secondary to provide more options. A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to approve the proposed EDD south of Cates Creek, including the extension of public water and sewer within the entirety of the EDD as recommended by the Planning Board. Commissioner Gordon feels that the extension of water and sewer south of I-40 will cause increased development pressures on the rural buffer. Therefore, she does not feel that the area south. of I-40 should be an Economic Development District. VOTE: AYES, 4; NOS., 1 (Commissioner Gordon) A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit that daycare should be a permitted use in all zones of this EDD. VOTE: UNANIMOUS With regard to the area north of I-40 along Old 86, Commissioner Gordon suggested approving this area as Secondary now and then referring it back to the Planning Board so they could consider whether it was appropriate to add a new category which allowed other permitted uses in the Cornwallis Hills area. She does not recommend expanding the definition of "Secondary" since it is used appropriately in other sections of the I40/Old 86 EDD. Geof Gledhill said that if a new category is created, a new public hearing will be required. If uses are moved around between Secondary and Primary, a new public hearing will probably not be required. John Link suggested that discussion on the area north of Cates Creek be continued from an "interest" perspective instead of a "position" perspective for both parties. The interest include the intensity of traffic, safety, lighting, density of development, hours of operation, competition in the options and uses of the property located on Old 86. He feels these interest can be addressed through the Secondary, Primary or a new or combination category specific to this area. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to refer back to the Planning Board and Staff the proposed EDD north of Cates Creek to work with the citizens on both sides of the issue and, if necessary, take the results to public hearing on March 29. VOTE: UNANIMOUS 8 With regard to the two parcels not included as part of this node, Commissioner Willhoit feels there is no justification for including these two parcels. The Planning Staff will look at these two areas and make a recommendation. C. BLACK WALNOT FARM - PRELIMINARY PLAN Planner Mary Willis presented for approval the Preliminary Plan for Black Walnut Farm. This property is located on the east side of Baldwin Road at the intersection of Baldwin and St. Mary's Road in Eno Township. The area proposed for development is 44.3 acres with 25 lots. Access to the property is from Baldwin Road. A public road is proposed to serve the subdivision. There are two historic properties, Maple Hill Farm and Sunnyside, which will be affected by this subdivision. Other concerns voiced by the neighborhood include the increased traffic that will be generated and the density of the subdivision. The applicant has talked with DOT about the realignment of Baldwin Road and Lawrence Road but no commitment has been received. PIIBLIC COMMENTS Stewart Barbour asked that the Board reject Black Walnut until the boundary dispute is settled. He states that there are three boundary disputes -- one with Barbour, one with Baldwin and one with Hollandsworths. His other main concern is that this subdivision will adversely impact the two immediately adjoining historic sites -- Maple Hill Farm and Sunnyside. He feels the integrity of these two sites should be maintained for their obvious tourism value as well as for their wide recognition as important cultural links with the past. He asked that the awkward dog-leg from Lawrence Road to Baldwin Road be adjusted with future traffic problems in mind. Laura Baldwin clarified that her house is Sunnyside and is adjacent to the road on the proposal. The right-of-way will come within 12 feet of her chimney. She would like for the road to be moved over at least 80 feet The Department of Transportation has not agreed to move the road or to pave it. She feels that 25 homes in a rural historic area is too dense. She asked that the Board consider the remainder of the property and the total development. She would like to see a plan for St. Mary's Road which will include cluster development and open space to maintain the rural historic area. This subdivision is something they don't want to see happen in a rural historic area of Orange County. Stephen W. Roberts, developer, distributed a map showing the realignment of Baldwin Road and Lawrence Road. He does not have a commitment but is willing to continue pursuing this issue with DOT. He plans to provide housing ranging from $200,000 to $300,000 in price. He asked the County Commissioners to help him negotiate an agreement with the Department of Transportation. He did meet with the neighbors and heard their concerns. He said that Mr. Harbour's concerns have nothing to do with this property. He is willing to meet with Mr. Barbour and compromise and give within reason wherever Barbour says the property line should. With regard to this subdivision, Mr. Roberts feels the road should not be an issue and it should be approved using the dirt road as is. After a discussion of these issues, a motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to table this item to give staff time to talk with the Department of Transportation and resolve the issue of the road and the realignment with Lawrence Road. 9 VOTE: AYES, 3; NOS, 2 (Commissioners Crowther and Halkiotis) D. E%ERCISE OF OPTION TO RENEW LEASE AT CHAPEL HILL SENIOR CENTER A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the five-year renewal lease and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS MOTION TO E%TEND THE MEETING A motion was made by Commissioner Willhoit, seconded by Chair Carey to extend the meeting 30 minutes. VOTE: UNANIMOUS E. ZONING ENFORCEMENT CASES - CIVIL PENALTIES Two of the violations have been resolved. The Baldwin violation is the only one outstanding at this time. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to assess civil penalties and make demand for payment from Mr. Jerry W. Baldwin of 1320 Ferguson Road for $4,500. VOTE: UNANIMOUS F. SCHOOL REDISTRICTING DEMOGRAPHIC STUDY The Board was requested to approve the .County's participation, along with the two school systems, in a demographic study of student population growth and an appropriation from Contingency to fund the County's share of the cost of the study. After a brief discussion, there was a consensus of the Board to table this item until after the February 9, 1995 meeting with the two school boards. X. REPORTS A. ORANGE COUNTY COMMUNITIES IN SCHOOLS UPDATE Scott Gardner, Chair of the CIS Board of Directors and Charlotte Jones, Executive Director of CIS, provided an overview of the project. They thanked the County Commissioners for their support of this project. They have received various financial, in-kind and agency support. A video showing several of the CIS participants was presented. Ms. Jones stated that she has been able to attend conferences and workshops which will help her expand what the project will do. They have 41 participants at A.L. Stanback and plan to have 55 students at Phillips Jr. High. B. STATUS REPORT ON ENO DRIVE - CLOSURE OF I-85 E%IT 172 Transportation Planner Slade McCalip reported that as of today Exit 172 has been closed. A group of citizens met with NCDOT officials to discuss keeping Exit 172 open. Also discussed by NCDOT was accelerating the completion of the I-85/Eno Drive interchange, the extension of NC 751 and widening US 70 to three lanes from NC 751 to Cole Mill Road. If the DCHC MPO approved the acceleration, that construction could begin as early as 1997 and could be completed in approximately five years. The Exit 172 group does not want Exit 172 closed but may want NC 751 extended and the Eno Drive 10 interchange with I-85 built. The County Commissioners have been invited to attend a special presentation by NCDOT of the Draft Environmental Impact Study on January 30 at 7:00 p.m. Commissioner Gordon said that the County's position in the past has been that this interchange should not be in Orange County and should not align up with 751. This project as currently proposed would take some of the land from the Eno River State Park. Ms. Margaret Nygard, Eno River Association, and Ms. Hildegard Ryals, New Hope Corridor Advisory Committee, spoke against DOT proposals for constructing Eno Drive through the park and extending the road to NC 751. Ms. Nygard showed on a map the park acquisitions, planned for more than a decade, which are in four sections. Two parcels have been acquired, one will be acquired next year and the final one soon thereafter. Ms. Ryals indicated that in a letter from the New Hope Creek Advisory Committee, the negative impacts of a proposed interchange and connector road at 751 were listed. Reference is made to the New Hope Corridor Open Space Master Plan and the specific recommendations about NC 751 Scenic Road. After extended discussion, a motion was made by Commissioner Gordon, seconded by Commissioner Willhoit that a letter will be drafted which reflects the Commissioners opposition to an Eno Drive project which negatively impacts Eno River State Park, the New Hope Corridor, and other areas of environmental concerns, signed by all the County Commissioners and sent to NCDOT. VOTE: UNANIMOUS XI. APPOINTMENTS XII. MINUTES XIII. CLOSED SESSION XIV. ADJOURNMENT With no further items to be discussed, Chair Carey adjourned the meeting. The next regular meeting will be held on Monday, February 6, 1995 at 7:30 p.m. in the courtroom of the Old Courthouse in Hillsborough, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk