Loading...
HomeMy WebLinkAboutMinutes - 19820524• .....~....:_.:.:.......~.a...~~ ].. 2. 3• 4• 5• 6. 7• 8. 9. 10. 11. 12. 13. 14• 15. 16. 17. ~8. 19. 2Oe ?1. 22. 23. 2!}. 25. 26. 27. 28. 29. 30. 31. 32. 33• 34• 35. 3~• 37. 38, 39. MINUTES MAY 24, 1982 The Orange County Board of Commissioners met in regular session Monday May 24, 19$2, at 7:30 P.M. in the Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted, and Commissioners Norman Gustavesan, Shirley E. Marshall, Norman Walker and Don Willhoit. Commissioner Whitted changed the order of the agenda in order that the public hearing be held first.. D. JOINT PUBLIC HFJ~RING WITH .THE ORANGE COUNTY PLANNING BOARD Planning Board members present: Chairwoman Pat Crawford, and Members Sally Boericke, Logan Irvin, Nancy Laszlo, Hazel Lunsfard and John Wilson. .The Public Hearing was chaired by Ms. Crawford. a. Tommy Merritt Property Rezoning: Mr. Eddie Kirk made the presentation _ for the Planning Staff (see page for summary of Planning Staff findings). He noted that the 'rezoning request is i-n conformance with the Land Use Plan. There were no persons who wished to speak in favor of or opposed to the rezoning request. Mr.. Rick Cannity told the Boards that Mr. and Mrs. Robert Vanhook were unable to be present this evening and had asked that he convey their concerns regarding commercial development of this area at the interection of St. Mary.'s Road with Highway 70. They prefer that this area remained zoned residential and that commercial development occur along Highway 86. b. Paul Kempa Property .Rezoning: Mr. Eddie Kirk made the presentation for the Planning Staff (see page for a. summary of Planning Staff findings). Ms. Crawford asked those in-favor of the prdject to speak first. Mr. Michael Parker--Attorney far Paul Kempa--said the site would not perk and was unusable for almost anything except a commercial venture. He said access would 6e limited to Palmer's Grove Road. Those opposed to the proposed rezoning spoke in turn. Mr. Harris--Chairman of the Eno Advisory Council--is opposed to the latitude permitted in rezoning property. He preferred to have this considered _ as a Planned Development where the individual who awns the property could carry out his plans but not have commercial activity. ,. C~1~3 Y_ ! /_~ _1 ~ \. L. C.R. Laws_-said he lives next door to the lot proposed for rezoning and he is opposed to it. He cited the intersection as dangerous and he is opposed to a business being located there. Larry Turner--Pastor of Wayside Baptist Church--Cited the problem with the traffic and said he and the residents want the neighborhood to remain residential; they don't want it rezoned. Sally Fedder--Owns forty acres across from the Wayside Church. She said she eventually plans to live there a.nd that the proposed rezoning would be detrimental to her property. There are presently no "unpleasant businesses." Orrin Pilkey--A nearby resident_-Said this was a dangerous curve, that the traffic is bad and the accident rate here "must be one of the highest" in the State. He feels that the intersection needs to be redesigned and suggested that the accident rates he checked. He also asked that the residential status be maintained and that commercial zoning not be permitted. Carl Trvin--A landowner of adjoining property--Said that he and his parents (who also own adjoining land) are opposed to the rezoning request. Annie Haok--Said that her mother's property was across the road from the lot in~question and she does not desire, nor does her mother desire, com- mercial development in the neighborhood. Flora Garrett--A resident of Route 4, Eno Township--Asked that the rezoning be denied for all the reasons given thus far. That the intersection is danger- ous; that the access on Palmers Grove Road is an a steep hill and needs to be redesigned to be suitable; and, local people are opposed to those who don't live there opening businesses there. L.L. Cates--Cited others (Adams, Ward, Hutchinson) who are also property owners in the area and all, including himself, are opposed to the rezoning. Michael Parker--The Attorney for the Paul Kempa Property rezoning request-- Said there were two commercial establishments across the road and that the traffic was not as great here as at the intersection of 70 and St. Mary's Road. He asserted that the site was appropriate for commercial rezoning and asked that the Planning Department's recommendation be approved. Sharlene Pilkey--Lives at Route 4, Box 46--Spoke to the accidents that had occurred over the past seventeen years. She compared it to Hillsborough Road in Durham which she said had been spot zoned and said she doesn't want it to turn into a like situation. She is opposed to any more commercial zoning %1 ~ ~)'~ ,~ zoning on this road. Helen Laws--Lives at the intersection--She cited the wrecks and said . that she had been late to work this morning because a car was wrecked in her fence. She. is opposed to the rezoning. . Jim Polatty--Planning' Director--Told the Boards that the Planning Staff had recommended the rezoning because the intersection is identified as a com- mercial activity node one the Land Use Plan. Steve Ubans_-A resident of Hillsborough--suggested that the Planning Department examine how neighborhood nodes were chosen when this one had such opposition from the residents. Carey Pilkey--A resident--Said he had lived in the neighborhood for fourteen year5.and the area was too .dangerous for another•business. There were no others who wished to speak either for or against the rezoning. c., Willie Wilson Property Rezoning: Mr. Eddie Kirk made the presentation for the Planning Department.(see page for those recommendations). There was no one who .wished to speak in favor of the rezoning; those who are opposed spoke next. Harold Bridges--Presented a petition from the property owners .in the neighborhood requesting that the rezoning be denied. They feel that the rezoning doesn't fit into the Land Use Plan. A copy of that petition is on page of this book and on permanent file with the proceedings of this meeting. d. Roy Wilkerson Property--Mr. Eddie Kirk made the presentation for the Planning Department (see page fora summary). Ms. Crawford asked that those in favor of the rezoning speak first. Alois Gallemyn--A surveyor--said that Mr. Wilkerson asked that the entire 6.5 acres 6e rezoned EC-5 rather. than the smeller parcel that Planning was requesting. He said it would be a hardship on Mr. Wilkerson if the entire lot wasn't rezoned. - . Jim Polatty--Planning Director--said that the Planning Department had -_- overl.ooked this business when the Land Use Plan and Zoning Drdinance were being formulated and that during that process, where businesses already existed,. the business was coned EC-5. He added that. the area the Planning Department wanted rezoned included the three buildings on Mr. Wilkerson's property. Alois Gallemyn--Said that the majority of Mr. Wilkerson's equipment was- t110~U` ;,,~~j :,~~ stored outside and it wasn't possible to store the equipment inside a buildincJ. Dan Collins--Route 3, Hillsborough--Spoke in favor of the rezoning request: He said Mr. Wilkerson's business had been there for years. Jim Polatty--Told the Boards that all the outside storage had been con- sidered in the rezoning and was included in the rezoning request far Mr. Wilkerson's property. Ms. Crawford asked that the Planning Department recheck this question. There were none who opposed the rezoning request who spoke. Mr. Merritt asked to clarify a point on his request to rezone from Residential-1 to Neighborhood Commercial-II. He said the parcel was 4.17 acres and he was only requesting rezoning of 1 acre. 2. WATER RESOURCES TASK FORCE/OTHER AMENDMENTS•TO ZONING ORDINANCE & .TEXT. Mr. Fred Luce, Planning Staff, addressed the water quality remarks contained in the Water Resources Task Force'Report. He noted a potentially similar situation to the Mississippi River pollution existed in our area with the drainage of the Haw River into the Jordan Lake. He cited four classes of pollutants and noted that the Haw drained a heavily urbanized industrialized area into the Jordan Lake. He said the Water Resources Task Force Report found that water quality generally was of good quality in grange County and one of the goals is to divert detrimental development from the watersheds and to place controls on the development that does occur in the watersheds to insure good water for future generations. Ms. Susan Smith, Planning Staff, reviewed the seventeen recommendations contained the the Water Resources Task Force Report and noted the changes, if• any in each. Mr. Polatty explained the other amendments suggested for the Zoning Ord- inance Text. •(All suggested amendments and the recommendations of the Water Resources Task Force Report are on pages of this book.) Mr. Polatty cited a study done by the Center for Urban and Regional Studies in Chapel Hill, noting some of the lessons learned from eight case studies around the country. regarding water supplies. Ms. Crawford called for public comments on the zoning text amendments. Josephine Barbour--Raised several points of contention. She voiced her . concern over public access of the greenways; questioned the definition of a water- Li~: "~ 1 shed; she said the buffer strips under the Flood Protection Ordinance had caused a loss of land; she suggested an adjustment to taxes for Orange County citizens; she feels there is a lack of consideration shown for industry; and is concerned about the size of watersheds. She feels the public did not have sufficient input into the Water Resources Task Force Rep.art..and that a County - Commissioner should not Chair such a group. Ben Lloyd--Member of the Water Resources Task Force and Board of pirectors of the Orange Alamance Water System. He says he is -concerned about water quality and supply. Mr. Lloyd addressed the recommendations individually. #1--he questioned whether. ar not that would affect the transfer of water from Jordan Lake ~I to Orange County if necessary; # 4--he said no park sites were considered as reservoir sites, specifically Ena Park; #5--he said Eno River should be consi~d- . ered; # g_..said that McGowan Creek basin is his home andit's a .rural area and that development could safely occur in watersheds; #10--cited Efland Estates as an example where sewage problems must be addressed; # 11--with regard to Cheeks Township being zoned, he said they don't like the Zoning Ordinance. as written and would prefer a more acceptable form; # 12--he said no ordinance should control the amount of land owned; # 14--He said an an-site waste disposal was precisely what is being planned for Efland Estates and that sewage should 6e dealt with a.ll over the County. Commissioner Willhoit responded to Mr. Lloyd: Park sites had been considered as as reservoir sites; that Efland Estates had been declared an imminent health hazard necessitating prompt response and therefore, the proposed use of a package treatment ~ plant was not inconsistent with recommendation # 14._ Logan Irvin--speaking a citizen and owner of Tand in the watershed-- complimented the Board of Commissioners on .the Water Resources Task Force Report, Rather than exempting minor subdivisions from development within watersheds, he suggested empowering the Board of Adjustment to consider hardship cases. He voiced concern over the proposed Cane Creek Reservoir, saying that farmland _ needs to 6e saved too. He suggested perhaps drinking water from University Lake and flushing toilets with water fr~n Jordan Lake. Everett Billingsley--Director of OWASA--Said this was an excellent report from the Water Resources Task Force. He read each recorrenendation aloud and laid in summation that the County and OWASA must be bold in order to protect the children of the future. (Clerk's note: Mr. Billingsley has provided me with a written copy of his remarks and they are on file in this office with the agenda for this meeting.) Ull)4~ .,-; . ., David Blaha--of the Triangle ~ Council of Governments--said the Council in general support the findings of the Report. He said rapid growth was pro- jected for Orange County and a compromise: would be needed between industrial developers and private landowners. Josephine Barbour--Wished to cormient on the Cane Creek Watershed-- She said that the dairy activity in that watershed caused it to rank 6th among 100 counties in dairy production. She suggested above ground water storage tanks. She protested the presentation of the document (the Report) to the COG before the citizens of Orange County had commented on it. Susan Smith, Planning Staff, said the Town of Hillsborough had approved the Water Resources Task Force Report with no dissenting votes. Mr. Rick:Cannity, Planning Staff, reviewed the proposed amendments to the Articles of the Zoning Ordinance and explained the amendments when questioned by members of the Boards. With no further public comments an the quarterly joint public hearing, it was adjourned. Following the joint public hearing the Board of Commissioners proceeded with its regular agenda. A. Board Comments There were no Board comments on the agenda. B. Audience Comments There were no audience comments on the agenda. C. Minutes The Board delayed action an the approval of the minutes until the next meeting. E. Woods Road--Oak Ridge Subdivision Commissioner Walker moved, seconded by Commissioner Gustaveson, to approve the addition of Woods Road in the Oak Ridge Subdivision to the State maintained Secondary Road System. Vote: ayes, 5; noes, 0. With no further business to come before the Board, Commissioner Willhoit moved, seconded by Commissioner Whitted, to adjourn ote• r 5 5; 0 ., is and E. i ed, Cha r Paulette Pridgen-pond, Clerk