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HomeMy WebLinkAboutMinutes - 19970527! -. d APPROVED 11/3/97 ORANGE COUNTY BOARD OF COMMISSIONER AND ORANGE COUNTY PLANNING BOARD MAY 27, 1997 MINUTES The Orange County Board of Commissioners and the Orange County Planning Board met in joint session on Monday, May 27, 1997 at 7:30 p.m. in the Superior Court Room, Hillsborough, North Carolina, for the purpose of holding a joint public hearing. ORANGE COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther, and members Margaret W. Brown, Alice M. Gordon, Stephen H. Halkiotis and Moses Carey, Jr. ORANGE COUNTY COMMISSIONERS ABSENT: None ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair Karen Barrows, and members S.A.M. Brooks, Robert Strayhom, George Allison, Elizabeth Walters, Paul Hoecke, James Selkirk, Renee Price, Libby Searles, and Howard McAdams, Jr. ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: Nell Andrews and Arnie Katz. COUNTY ATTORNEY PRESENT: Geoff Gledhill STAFF PRESENT: County Manager John Link, Deputy Clerk to the Board Kathy Baker, Assistant County Manager Rod Visser, Planners Jim Hinkley, Eddie Kirk, Emily Cameron, and Mary Willis. OPENING REMARKS FROM THE CHAIR Chair Crowther convened the meeting and welcomed those gathered. PUBLIC CHARGE Chair Crowther dispensed with the reading of the Public Charge Karen Barrows, Chair of the Planning Boarcl, requested that Planner Eddie Kirk present the first item. PUBLIC HEARING ITEMS 1. Zoning Atlas Amendments (a) Z-3-97 Ruth Cook Woods This item was presented by Planner Eddie Kirk for the purpose of receiving citizen comment on a proposed Zoning Atlas amendment in Hillsborough Township requested by Ruth Cook Woods. The property proposed to be rezoned is 7.83 acres. It is located off the west side of NC 86 at the end of Skogen Lane. Skogen Lane is an existing paved public road constructed in 1984 with Ruth Woods subdivision. It is located about 500 feet south of the southernmost entrance into Wildwood Subdivision. The 7.83 acres is currently zoned Rural Residential (R-1). The applicant proposes to rezone the property to Residential-4 (R-4). The parcel is undeveloped and the surrounding property to the north and west is undeveloped. The property directly north is zoned R-2 and the property west is R-1. Stagecoach Run is directly south and zoned R-1. The eastern property line abuts Ruth Cook Woods and Wildwood Subdivision, both zoned R-4. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 2 (B) Z-4-97 T. H. Bradley This item was presented by Jim Hinkley in order to receive citizen comment on a citizen request to correct an error in the Zoning Atlas in Cheeks Township. The proposed rezoning involves a portion of a parcel owned by Thomas and Louise Bradley. It is located at 5419 US 70 (Tax Map No. 3.28..31), between Frazier Road to the west and Efland-Cedar Grove Road to the east. The existing zoning district is R-1 Rural Residential. The proposed zoning district is EC-5 Existing Commercial. The property owners have requested that a 6.2 acre portion of their property, as shown on the attached map, be rezoned to EC-5 to recognize an existing business which was located on the property prior to the zoning of Cheeks Township. In January 1997, the corporation applied for a building permit in order to construct an equipment shelter. The application was not accepted because the property is zoned R-1. Air photos from 1974 through 1996, show that the business has consistently been located on about three .acres along the western property line, approximately 420 feet to the north of US 70. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commissioner Carey asked how it was possible to determine how much of this parcel had been used by the business in years past. Hinkley replied that they were able to determine that by reviewing aerial photographs taken over the years. The remainder of the land appeared to have remained in pasture and woods. However, Mr. Bradley has indicated that he had from time to time used an additional portion of that land to store gravel, stones and other materials used for fill in septic fields. COMMENTS AND/OR QUESTIONS FROM THE PLANNING. BOARD: Planning Board member Renee Price asked about access to the business. Hinkley indicated that access was from US 70 and skirted the west side of the property. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Carey, seconded by Commissioner Gordon, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 2. Zoning Ordinance Text Amendments (a) Economic Development District Design Manual 1) Perimeter Buffer • Article 3.2. Landscape Design This item was presented by Planner Mary Willis in order to receive citizen comment on an amendment to eliminate the 100-foot buffer requirement along the perimeter of an Economic Development District (EDD) which abuts an EDD adopted by another Planning jurisdiction. Article 3.2 Landscape Design (page 3.2.6) of the EDD Design Manual requires a 100-foot buffer around the perimeter of an EDD in order to separate incompatible uses. The northernmost portion of the Orange County I-40/Old NC 86 EDD on the west side of Old NC 86 between Cates Creek and Oakdale Drive consists of a narrow strip of properties, ranging from 300 feet to 500 feet in depth. On August 28, 1995, a proposal to eliminate the buffer requirement between two adjacent EDDs was presented for public hearing. On October 2, 1995, the Board of Commissioners tabled the item. There has been no further Board action. The previous discussion on the issue of the perimeter buffer by the Board of Commissioners and the Planning Board indicates concern for creating a desirable entranceway into Hillsborough. The Design Manual includes other standards that relate more directly to this concern. The perimeter buffer was created for a specific purpose not directly related to entranceway issues. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Chair Crowther asked if this request would apply to the right hand section as well. Mary Willis replied that it would apply where primary was adjacent to secondary but not where primary was adjacent to primary. She indicated that the staff for the Town of Hillsborough is supportive of these changes. If changes are adopted, the Hillsborough Board of Commissioners will consider adopting those same changes so that the manuals would match. She also explained what the depth of the buffers would be for this area if these changes were adopted. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: J .. 3 June Haas, a resident of this area, indicated that the residents of this neighborhood have worked hard to have the Economic Development District established and to have the proper zoning applied. They thought that this change had already occurred. She requested that the Board of Commissioners adopt this change. A motion was made by Commissioner Halkiotis, seconded by Commission Brown, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 2) Allowing Existing Residential Uses • ArtiGe 2.2 Permitted Uses The item was presented by Emily Cameron in order to receive citizen comment on a proposed amendment to allow existing residences as a permitted use in all Economic Development Districts. According to the permitted use table in the Economic Development Districts (EDD) Design Manual, residential uses are not permitted in the Primary Development Area, except for the Primary Overiay in the I-40/Old 86 EDD. The purpose of the Economic Development Districts is to provide locations for a wide range of non- residential uses, including light industrial, distribution, office, service and retail. Residential use is allowed in Secondary Development Areas and the Primary Overiay, which serve to buffer the EDDs from adjacent residential districts. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Carey, seconded by Commissioner Brown, to refer this item to the Planning Boarci to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 3) NC Highway 751 Connector Article 2.1 Development Areas Article 3.3. Circulation and Parking This item was presented by Planner Mary Willis in order to receive citizen comment on a proposed amendment to eliminate all references to an extension of NC 751 between U.S. 70 and I- 85 in the Economic Development District Design Manual. On March 18, 1997, the Board of Commissioners adopted a Resolution requesting deletion of the NC 751 connector between US 70 and I-85 from the Durham- Chapel Hill-Carrboro (DCHC) Urban Area Thoroughfare Plan. The connector is referenced in maps and text pertaining to the 1-85/U.S. Hwy 70 Economic Development District (EDD). The proposed amendment eliminates all references to the NC 751 connector in the EDD Design Manual. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commission Gordon asked for clarification as to whether this also deletes reference to Eno Drive. Mary indicated that it did because without the connector Eno Drive is not relevant. Deleting the reference is not a statement about Eno Drive but rather addresses the fact that without the connector it is not relevant. Commissioner Gordon felt that the Board of Commissioners might choose to make a more current statement about Eno Drive sometime in the near future. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Chair Carey, seconded by Commissioner Gordon, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 4) Water & Sewer Service (update) • Article 2.4 Environmental Factors The item was presented by Mary Willis in order to receive citizen comment on a proposed amendment to update information related to water supply and sewage disposal in the I-40/Old NC 86 Economic Development District 4 (EDD). ArtiGe 2.4 of the EDD Design Manual (Environmental Factors) includes sections on water supply and sewage disposal for each District. Text pertaining to the 1-40/Old NC 86 District has not been amended since it was originally adopted. The text includes descriptions of planned water and sewer extensions, including scheduled completion dates. The completion dates referenced in the Design Manual have passed. The proposed amendment updates the status of these improvements. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commissioner Gordon asked why the cost of extending the sewer main was included in this information. Mary Willis indicated that they were included simply because they were included in the original document. Commissioner Halkiotis asked if the 500,000 gallon elevated water storage tank mentioned in this information was currently under construction. Mary Willis indicated that she did not believe so but that she would find out for certain. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Carey, to refer this item to the Planning Boarci to be retumed to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS 5) Terms used for Permitted Uses • Article 2.3 Land Use Intensity • Article 2.4 Environmental Factors • Article 3.2 Landscape Design • Article 3.3 Circulation and Parking This item was presented by Planner Mary Willis in order to receive citizen comment on a proposed amendment to replace land use categories referenced in various text and tables in the Design Manual to match those found in the Permitted Use Table. The Permitted Use Table in the ED Design Manual categorizes permitted land uses according to the Standard Industrial Classification Manual (SIC) prepared by the Federal Office of Budget and Management. Using the SIC allows staff to more cleariy determine the land use category into which a specific proposed use would fall to determine whether or not that use is allowed. The following SIC categories are used in the EDD Design Manual: Residential, Agricultural, Forestry and Fishing, Construction, Manufacturing, Assembly and Processing, Transportation, Communication and Utilities, Finance, Insurance and Real Estate, Services, Government. The Design Manual includes various tables and text which specify the standards applicable to various land uses. However, the land uses listed in some of the tables do not correspond with the land uses listed in the Permitted Use Table. It can be difficult to determine the category into which a proposed use falls for the purpose of determining whether or not it is allowed in a specific EDD, and which standards should be applied. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commissioner Gordon asked that this information be presented to show a line by line comparison. She suggested that the categories be aligned so that it was possible to cleariy understand the suggested changes. Mary agreed to revise this information so that it was more Dearly comparable. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commission Carey, seconded by Commission Brown, to refer this item to the Planning Board to be retumed to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS b) Setbacks for Parking 1) Article 10.3 Off-Street Parking 5 This item was presented by Planner Emily Cameron in order to receive citizen comment on a proposed amendment to the Zoning Ordinance to correct a discrepancy between Article 10.3, Off- street Parking Design Standards, and ArtiGe 12.4.1, Required Landscaping. Article 10.3 of the Zoning Ordinance contains the design standards for off-street parking. The setback required between new parking areas and side and rear property lines is five (5) feet. Article 12.4.1c requires a ten-foot landscape area between new parking and all property lines for nonresidential and multi-family residential development. The proposed amendment will correct the conflicting requirements by increasing the setback in Article 10.3 from five (5) to ten (10) feet. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS c) Expiration of Planning Board Terms 1) Article 2.2.4 Planning Board Tenure This item was presented by Planner Mary Willis in order to receive citizen comment on a proposed amendment to change the month in which Planning Board terms expire from February to March. On April 6, 1992 the Board of Commissioners adopted a Resolution for the Appointment and Orientation Process for Boards and Commissions. Eleven procedures were included in the Resolution, including a requirement that appointment expiration dates coincide with quarter ending dates. Article 2.2.4 of the Zoning Ordinance currently states that Planning Board terms expire in February. The proposed amendment changes the month of expiration to March. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. VOTE: UNANIMOUS ADJOURNMENT With no further comments, Chair Crowther adjourned the meeting. The next regular meeting of the Orange County Board of Commissioners will be a Budget Presentation and Public Hearing on Thursday, May 29, 1997. This meeting will be held in the Superior Court Room, Margaret Lane, Hillsborough, NC. Respectfully submitted, William L. Crowther, Chair Kathy Baker, Deputy Clerk