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MJ2gUTES
SEPTEMBER 2, 1981
The Orange County Board of Commissioners met in special session
on Wednesday, September 2, 1981, at 7:30 P.M., in the Ccrmissicmers'
Roan, Orange County Courthouse, Hillsborough, North Carolina.
Ca::nissioners present: C=ai.ssio:er Anne ;a_as, chair, and Cow-
' missioners Norman Gustaveson, Norman Walker, Richard Whitted and Don
Willhoit.
Conmissioner Barnes presided and stated the purpose of the meeting
which was to review and possibly act on the Zoning Ordinance, land Use
Plan and Zoning Atlas presently before the County and to review the
Water Resources and Agricultural Task Forces Reports.
The Board first discussed the proposed Zoning Ordinance, with
Planning Director Polatty and Planning Staff Mr. Rick Cannity explaining
the errata sheet (see page of this book) . Camuissicner Willhoit
moved, seconded by Camnissicner Witted, that Section 2.2.3 be worded
to reflect that every member of the orange County Planning Board be
a resident of Orange County and that each township in the County shall
be represented by at least one resident of that township on the Orange
County Planning Board. The Board discussed this issue at length, with
Dr. Alice Gordon, Planning Board member, clarifying the Planning Board's
position on this issue. Mr. Jams Ray spoke against those townships not
being zoned at present having representation on the county Planning Board.
Commissioner Walker moved to offer an amended motion regarding Section
2.2.3, that is, all members of the orange County Planning Board shall be
residents of the County's planning jurisdiction and each township within
the County shall be represented by at least one resident but not more than
three residents of that township on the orange county Planning Board; c=-
missicner Gustaveson seconded the motion. Discussion continued with some
members of the Board expressing the opinion that a comprehensive plan for
Orange County and joint planning with municipalities was the goal of planning
and that the intensity of development outside the limits of the municipalities
has a great impact on those municipalities; and that those who live within
municipalities are also bona fide residents of the County.
other mmmters of the Board agreed with Dr. Gordon's explanation of
• the Planning Board's reasoning, that is, those rho live in the County can't
• zone the municipalities therefore the municipalities should not be allow-
ed input into zoning in the County.
• Vote on Commissioner Walker's substitute motion: Ayes, 2 (Com-
missioners Walker and Gustaveson); noes, 3 (Commissioners Barnes, 4,hitted
• and Willhoit) .
• Vote on Commissioner Willhoit's motion: Ayes, 3 (Commissioners Barnes,
• rnIlvtted and Willhoit) ; noes, 2 (Commissioners Gustaveson and Walker) .
• Messrs. Cannity and Polatty continued through the errata sheet.
• commissioner Barnes moved to change the definition of a bona fide farm
• in Section 22.4 to that recommended by the Agricultural Task Force Report;
• that is,"10 or more acres or one or more tracts, owned or leased by a
• bona fide farm unit with average annual sales of $1,000 over the preoaeding .
three years or a minirm of 20 acres in forest land for which a management
• plan has been prepared;" Commissioner whitted seconded the motion. Vote:
Ayes, 5; noes, 0. The Planning staff was reminded that the Board had
requested this.change earlier.
Commissioner Barnes introduced a list of suggestio_*is/recaimmendations
requested by Mr. John Kincaid, District Manager for Duke Power Company.
Commissioner Willhoit moved to delay consideration of those suggestions
until the Board goes to public hearing; the Board felt no moticr_ was
necessary on this question. Commissioner Willhoit withdrew his motion.
Uie Board referred these suggestions to the Planning staff and Board for
review. Messrs. Johnson and Ward also of Duke Power Company were present.
Commissioner Willhoit moved, seconded by C nTassioner Whitted, to
strike the first sentence in Section 2.4.2.2 regardir>g the rules and reg-
ulations necessary for the Board or Adjustments Advisory Committee. camr-
missioner Willhoit withdrew his motion. O=a ssioner Willhoit moved that
'the Director of Planning is to convene and.chair the Development Advisory --
Committee for the purpose of receiving comments and advice and further that
Minutes of those proceedings are to be kept and maintained as a separate
document in the nature of public documents in the issuing office." Com-
missioner whitted seconded the motion. Vote: Ayes, 5; noes, 0.
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• Commissioner Willhoit questioned Section 2.2.6 regarding the rules
• of procedure for the Planning Hoard and the Board of Commissioners asked
• the county Attorney to clarify what constitutes rules of procedure for
• the conduct of a meeting.
. Commissioner Willhoit moved that Section 7.1, paragraph 3, line four
• down, be changed to specify "that portion of the Upper Eno watershed as
designated Tn '''° --do=t--d T Win'- *Jse Plan.° M J or. died for lack of a
• second however, the Board expressed a consensus that the Planning Staff
institute that change.
Camu ssioner Matted moved that language indicating that the Board
of Commissioners "encourages" or "strongly encourages" the planned develop-
ment concept as the preferred method of development be struck; Ccmmissioner
Barnes seconded the motion. Vote: Ayes, 4 (Commissioners Barnes, Walker,
omitted and Willhoit), noes, 1 (Commissioner Gustaveson) .
C m nissioner-Wi.l7hoi t referred to page 22.29 regarding service stations
and moved to require service stations provide water for radiators, air
for tires and bathroom facilities.. Motion died for lack of a second. Mr.
Polatty told Cannissioner Willhoit that would result in making existing
stations non-conforniing; however, it could be required that new stations
provide those services.
Cn page 22.35 referring to the definition of variance, the Board
instructed "literal" be inserted in "...relaxation of the 'literal' terms...."
Commissioner Willhoit moved, seconded by Commissioner Ahitted, to
approve the Zoning Cr inance Text as amended tonight and in the past. Upon
the advice of the County Attorney, Cam"Issioners Willhoit and Mitted
accepted an ammmmdrnnt to their motion and second, that is Section 2.3.6.1 c,
paragraph 2 reads the same as Section 8.2 c, to delete Section 8.2.c.
The County Attorney further advised the Board to delete Section 8.2.2,
saying the concept needed clarifying; be did not understand it as it is
worded. r^^.*_Tdssioner Barnes offered a friendly amerx2ment to Commissioner
Wi1]hoit's original motion to adopt; that is, to delete this Section 8.2.3
and to reserve it for rewording at a later date; Commissioner Whitted seconded
the motion to amend. Vote on Commissioner Barnes' friendly amendment: Ayes,
4 (Camnissioners Barnes, Gustaveson, Whitted and Willhoit); noes, 1 (cam-
4-9'1
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missloner Walker) .
Vote on Commissioner Willhoit's motion to adopt the Zoning Ordinance
Text as amended tonight and in the past: Ayes, 5; noes, 0.
The Hoard of Commissioners adjourned for a ten minute break and
resumed deliberations in the saw room on the Zoning Atlas.
Mr. Cannity reviewed the Zoning Atlas with the Hoard. Mr. Hogue,
an attorney, and Mr. Hereford spoke concerning the designation of some
• property at Highway 86 and Highway 10 as residential rather than commercial
• or industrial. Mr. Polatty noted that the residences pre-dated the cmuercial
• industrial utilization of the properties with the exception of the concrete
• plant. He said the industrial/oammarcial aspect of that area had increased
since the November 24, 1980, Public Hearing. The Hoard discussed with
Planning Staff the implications of various designations for that area.
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Commissioner Willhoit moved, seconded by Camnis-aioner Barnes, to
designate Asco and the MiniMart EC-5 and the Welding shop E-I (with the
designation of the concrete plant remaining unchanged from that recommended
° by Planning Staid) . Vote: Ayes, 5; noes, 0. The Board asked the Planning
Staff to bring these changes to public hearing.
The Board considered a request from Nello Teer Cam[pany to change the
Zoning Atlas designation of its property from R-1 to E-I. Mr. Polatty
told the Hoard that was not a valid designation for an asphalt plant; the
Board did not change the designation of that affected property.
The Planning Board recommended to the Board of Cmu ssioners that
American Stone Company be granted a special use permit for its plant on
Highway 54 West. The Board expressed reservations about adopting a special
use permit within the context of the Zoning Atlas itself; saying, that the
Board had just adopted the Zoning ordinance Text wTiich specified steps
TAUch are to be followed in granting a special use permit.
C=nissioner Wi]lhoit roved to table this recommendation from the
Planning Board. .Motion died for lack of a second.
C mmi.ssioner Willhoilt moved to adopt the Zoning Atlas as amended
tonight without the special use request from American Stone Company with
that property affected to be zoned A/R; Cammi.ssioner Barnes seconded the
motion. Discussion followed.
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Commissioner Willhoit amended his first motion as follows: to adopt
• the zoning Atlas as amended tonight to include the 118 acmes affected by
• the special use permit requested by American Stone C=rpany to be zoned A/R
• and excluding consideration of the special use permit request and to con-
• tinue this meeting until 9:30 A.M. Tuesday, September 8, 1981. Commissioner
• Gustaveson seconded the amended motion. Vote: Ayes, 5; macs, D.
During discussion =ie 3oEIrd notes the erieccive date; of rre adoption. of
• the zoning Atlas is immediately with the amendments earlier stated and
the special use permit excluded.
The Board continued with the discussion of the Land Use Plan. Comm
missiomer Whitted moved adoption of the land Use Plan; Cantussic er Willhoit
seconded the motion.
During the discussion which followed, Commissioner Willhoit said
the Land Use Plan read only existing and potential and he thought it
should read "existing and potential reservoir sites and watersheds."
Commissioner Barnes referred to page 101, goal 12.6, and objected to "...
before another general aviation facility is built;" she felt that the pro-
posed airport now pending might be short.ircLuted and not be properly re-
viewed awaiting the feasibility study in goal 12.6.
Commissioner Miitted moved to delete Goal 12.6. Motion died for lack
of a second.
Commissioner Barnes moved to amend this Goal 12.6, to read "...under-
take a feasibility study to determine the level of need for a general
aviation facility and to examine locaticnal alternatives given the de-
terminations- of these needs;" seconded by Commissioner Gustaveson. Vote:
Ayes, 4 (Commissioners Barnes, Gustavvson, Walker and Willhoit) ; noes, 1
(Commissioner vt tted) .
Commissioner Gustavescn, moved, seconded by Caimi.sssioner whitted.,
to adopt the language recommended by the Planning Board for page 152,
paragraph 6, beginning "Tie construction of the proposed...." Vote:
Ayes, 3 (Ca[m].ssioners Gustaveson, Miitted and Willhoit); noes, 2 (ca:r
missioners Barnes and Walker) .
Vote on Can;ssioner 4Azitted's motion to adopt the Land Use Plan
as amended this evening: Ayes, 5; noes, 0.
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Canmissioner Willhoit moved, seconded by CaruLissioner bitted, to
adjourn this meeting until. 9:30 A.M., Tuesday Sepbonber 8, 1981, in this
roam. Vote: Ayes, 5; noes, 0.
Anne Barnes, Chair
Paulette Pridgen-Pond, Clerk
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