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HomeMy WebLinkAboutMinutes - 19821004 606 JvJ MINUTES OCTOBER 4, 1982 The Orange County Board of Commissioners met in regular session on Monday, October 4, 1982, at 10:00 A.M. in the Commissioners' Room, Orange County Court- house, Hillsborough; North Carolina. Commissioners present: Chairman Richard E. Whitted, and Commissioners Norman Gustaveson, Shirley E. Marshall, Norman Walker and Don Willhoit. A. BOARD COMMENTS Commissioner Marshall said she appreciated the more timely submission of Minutes::by the Clerk. B. AUDIENCE COMMENTS There were none. C. MINUTES Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the Minutes of September 27, 1982, as corrected. Vote: Ayes, 5; noes, 0. D. BOARD DECISIONS 1. Proclamation--Commissioner Gustaveson_moved, seconded by Commissioner Marshall, to adopt the Proclamation, as amended by Commissioner Marshall, designating the Week of October 25-29 United Fund and United Way Week..in Orange County. Vote: Ayes, 5; noes, 0. 2. Appointments-- Commissioner Willhoit moved, seconded by Commissioner Marshall to appoint Judy McNeil and Virginia Weisz to the Commission For Women. Vote: Ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to appoint Flora Garrett to the Orange County Public Library Board.for a :six year term. Vote: Ayes, 5; noes, 0. Commissioner Marshall moved, seconded by Commissioner Willhoit, to appoint Barbara Page to the Orange County Public Library Board for a six year term. Vote: Ayes, 5; noes, 0. Commissioner Marshall moved, seconded by Commissioner Gustaveson, to appoint. Nancy Goodwin to the unexpired term on the Hillsborough Planning Board created by the resignation of Larry Carter. Vote: Ayes, 5; •noes, 0. Commissioner Whitted said the Energy Commission's activities planned for the coming year were to be publicized in order to generate applicants for the vacanies on that Commission. . 3. Carolantic Investments Preliminary Plan: Mr. Rick Cannity, Acting Planning Director, made the presentation for the Planning Department, citing the location of Carolantic's property (Eno Township, SR 1573) and the.number 'of lots (five) on 4.6 acres. Mr. Cannity said the proposal for the mobile home park meets the County standards for lot size. Commissioner Walker moved, seconded by Com- missioner Marshall, to approve the preliminary plan for Carolantic Investments. Vote: Ayes, 5; noes, 0. 4. Duke Power Company, Modification &Clarification of Special Use Permit Request: Mr. Cannity said that when the Special Use Permit Request was granted for the Duke Power Operations facility, it was unclear that outside storage of such materials such as wire,.transformers., poles, etc.,.were.permitted and Duke Power asked that such storage be permitted as 'it originally had intended such storage. In addition, Mr. Cannity said, the modification of the Special Use.-Per- mit included a gas island, flag pole and radio antenna at the site. Commissioner Willhoit, noting that such a request for clarification and modification seemed reasonable, moved, seconded by Commissioner Marshall, to approve the Class A Special Use Permit modification as indicated on the revised Site Plan and that outside storage of materials cited by Duke Power be permitted. Vote: Ayes; 5; noes, 0. 5. Land Use Plan Amendment--Curtis Bane- for Stonegate: Mr. Cannity presented the information for .the Planning Department saying the proposed amendment to the Land Use Plan was for a change from Rural Residenti.al.to Twenty-year Transition. •.' He said such a•designation was appropriate for this area of Eno Township. Commissioner Walker moved, seconded by Commissioner Marshall, approval -of-the recommendation from the Planning Board and Staff for approval of the change to the Land Use Plan Vote: Ayes, 5; noes, 0. 6. Public Hearing--Curtis Bane Planned Development 'Housing R-4 Stonegate: Commissioner Whitted announced that the Public Hearing to receive the recommendation- from the Planning Board on the Class A Special.Use Permit for Stonegate was now open. Mr. Cannity, who was sworn at the Public Hearing on-August 23rd, presented the evidence and recommendation from the.Planning Board; he cited the findings of fact, found on pages 4W4JA of this Book, for the Class A Special Use Permit .for Stone. gate. Mr. Cannity said the Planning Staff and Board had two concerns: 1) pedestrian ss� circulation within the Development; and, 2) that the use was not in compliance with the general plan as adopted by the Board of Commissioners. Mr. Cannity said, however, since the Land Use Plan amendment for the development had been approved, that second concern no longer existed. Mr. Cannity listed the conditions which Planning Board and Staff suggested be imposed if the Class A Special Use Permit is granted by the Board (see pages`y @l- 64V of this book for those twenty-five_- conditions). Both Planning Staff and Board recommend approval of the request.. Commissioner Whitted declared the Public Hearing closed on the Class A Special Use Permit request for Stonegate. Mr. Cannity then reviewed briefly for the Board of Commissioners the location, density of development planned (114 units on 36.5 acres), parking facilities, roads,- water and sewage plans-for-the development. He noted that the water and sewage systems planned had both been given preliminary State approval and final approval was expected. Mr. Cannity pointed out on the site plan the recreation areas planned and said that the site was to have as few trees removed for construction.as absolutely necessary. Commissioner Walker moved that evidence presented at the Public Hearing enabled the Board of Commissioners to make certain findings of fact (see pages of this book) in the matter of the Class A Special Use Permit requested for the Stonegate Planned Development Housing, R-4, and, that, therefore, the Board does, based on, those findings, approve the rezoning request and said Special Use Permit request with the twenty-five conditions recommended by the Planning Board and Staff (see pages of .this book); Commissioner Gu.staveso.n seconded the motion. Vote: Ayes, 5; noes, 0. 7. Roy Wilkerson Rezoning: Mr. Cannity said that during the zoning process the Planning Staff had overlooked Mr. Wilkerson`s business in Hillsborough Town- ship, Tax Map 5 Block B P/O Lot 4. He added that the Staff had made a visual in- Ispection of the site and recommended that a portion 500' x 300' be rezoned from Residential-1 to Existing Commercial-5. Mr. Wilkerson requests that the whole 6.62 acres be rezonged EC-5 and Planning Board recommends.that designation also. Commissioner Gustaveson moved, seconded by Commissioner Walker, to rezone the Roy Wilkerson property, 6.62 acres as recommended by the Planning Board, to EC-5. Vote: Ayes, 5; noes, 0. i8. Proposed Text Changes to the Zoning Ordinance: Mr. Cannity presented the proposed changes to the Board, as requested, one at a time. i Mr. Cannity said the .first change was to Article 4.1.8 and since it was linked with Article 6.16.12 he would present them together; they deal with tele- phone exchanges, subscri.ber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (Clerk's note: For the specifics please see. either the attachments to these minutes or the Zoning Ordinance.) Pending further clarification of 6.16•.12, Commissioner Gustaveson moved to approve, seconded by Commissioner Marshall, the amendments to Article 4.1.8 and the corresponding Article 6.16.12. Commissioner Marshall asked that those special groups who. may be'affected by major changes proposed in the.Zoning Ordinance be notified of such proposals prior to the Board's decision. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to approve the amendment to Article 4.2.4.b.4.regarding additional application criteria for High Density Residential Districts. Vote: Ayes, 4(Commissioners Gustaveson, 'Willhoit, Walker and Whitted); noes, 1 (Commissioner Marshall). Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to approve the amendment to Article 4.2.12 (a)(b) referring to Existing Commercial-V Districts, subject to appropriate wording by the County Attorney, Vote: Ayes, 5; noes, 0. Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve- the definition of Efficiency Apartments with the deletion of (1) and renumbering (2) and (3) as (1)' and, (2). Vote: Ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Marshall, to table amend- ments to Article 6.16.1 g and 6.16.2.9 until the next Commissioners' meeting. Vote: Ayes, 5; noes, 0. Mr. Cannity said that the suggested amendments to Article 8.4.8 and 8,4.9 were to place the same time limitation on Special Use Permit Requests as are pre-. sently 'on rezoning requests. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the ' amendments to Article 8.4.8 and 8.4.9. During discussion, Commissioner Gustaveson amended his motion to read approval with the 12 month time limition on reapplication.=-_ on Special Use Permits, if withdrawn after advertisement, but that the withdrawal of I the application is not to be considered denial of the petitions Commissioner Marshall 's --second stood. Vote: Ayes, 4: (Commissioners Gustaveson, Marshall, Walker and Whited); noes, 1 (Commissioner.Willhoit). • Commissioner Gustaveson moved, seconded 4Y Comissioner Whined,>to approve o1G the definition for Lot Area to be added to the Zoning Ordinance. Vote: Ayes, 5; noes, 0. 12. Deferred Compensation: The Board moved this item up on the agenda to accommodate Mr. Chuck Thomaslin of the NACo Deferred Compensation Program..who i would be unable to attend the afternoon session. Commissioner Whitted clari led that employees who do not wish to enter the program may sign a waiver rather than attending an information meeting on the program. Mr. Thomaslin also told the Board that for employees who left the County and sought to continue the program with another governmental unit, that the4decision to allow the NACo program would be left up to the governmental unit. Commissioner Willhoit moved, seconded by Commissioner Marshall, to adopt the Resolution Establishing a Deferred Compensation Plan for the County of Orange and to empower the Chair to sign the Resolution. (For a copy of the Resolution, see page 1#64 of this book.) Vote: Ayes, 5; noes, 0. Due to the nearness of the lunch hour, "the Board chose to consider additional planning items after lunch. 11. Budget Amendments: . Commissioner Gustaveson moved, seconded by Commissioner Marshall, approval of the budget amendments (see page GG?of this book). Vote: Ayes, 5; noes,. 0. 13. Land Records Management Program Grant: Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to authorize the Chair to sign the agreement with the State of North Carolina, Department of Administration, for $4,219. Vote: Ayes, 5; noes, 0. The Board adjourned for lunch and resumed deliberations at 1:30 P.M. with all members present. Mr. Cannity told the Board he had clarified the question on 6.16.12.c.3. and he read the revised wording to the Board members. Commissioner Gustaveson, moved,seconded by Commissioner Marshall, to approve the amendment to 6.16.12.c.3. Vote: Ayes, 5; noes, 0. 9. Proposed Changes to the Subdivision Regulations: Mr. Cannity told the Board that these proposed changes were mainly to bring our regulations into line with NC DOT standards. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the definition of "dwelling units" in the subdivision regulations. Vote: Ayes, 5; noe noes, 0. Commissioner Gustaveson moved,seconded:.by Commissioner Marshall, to approve i I i the definition of "'Cot of record".„in the subdivision regulations. Vote: Ayes, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the definition of streets (local, loop, minor and cul-de-sac) in the subdivision regulations. Vote: Ayes, 5; noes, 0. Commissioner Gustaveson moved,seconded by Commissioner Marshall, to approve-.-- the change in the subdivision regulations regarding rights-of-way. Vote: Ayes, 5; noes,0. Commissioner Willhoit moved, seconded by Commissioner Marshall, to delete Section VIZ (dealing with variances) of the subdivision regulations. Vote: Ayes, 5; =noes, 0. 10. Policy for Land'Use Plan Amendments: Mr. Cannity told the Board of Com- missioners that the Planning Board had recommended. that a moratorium on amendments to the Land' Use Plan be instituted until a policy and procedure for such amendments has been adopted. Mr. Cannity told the Board that, to his knowledge, only one request would be affected by implementation of such a moratorium..at this time. Board members noted that they had, in the past, imposed moratoria when need existed for such action; the Board does not feel that such a need exists at this time.. . How- ever, the Planning Board is encouraged to continue seeking a policy for Land Use Plan amendments. 14. Executive session: Commissioner Marshall moved, seconded by Commissioner Gustaveson, to convene in executive session to discuss a personnel matter. Vote: Ayes, 5; noes, 0. Following the executive session the Board convened in open -session. E. WORK SESSION. 1. JOCCA CSBG Application: The Board members considered the comments made by citizens at the public hearing JOCCA held on Sept&mber 22, 1982, to receive such. comments on JOCCA's present program and future use of Community Service Block Grant funds. Board members felt that the nutrition and headstart programs were of concern to this Board. Other concerns expressed.by Board members were: , 1)that the funds be used for emergency assistance payments; 2) that JOCCA focus on the coordination. of programs with the funds being used to provide linkages; 3) that the center managers serve as nutrition site managers, too, and in addition provide information and re-� ferral .service (rather than information and referral being a separate program). The 946 _ Board felt that JOCCA should examine its purposes and provide services the County could support 2. Programs for Handicapped Children: Commissioner Whitted said he would be attending a meeting on -Tuesday, October 5th in Durham sponsored by the Governor's Advocacy, Counc.il fdr Persons with Disabilities and he sought Board input into poss W e changes'in federal regulations on educational services to handicapped children. Board comments included the fact that promised Federal funds had been forth- coming; that clarification needs to be made . regarding access to buildings,. i.e. whether'access will be to the entire building or just to specific classrooms. '3. Legislative goals:-- Commissioner Whitted reminded the Board that he was on the NC Association of County Commissioners' Committee on Legislative Goals: He asked what they would like to-see considered by the committee as a legislative .goal for the Association. Comments from the Board members included: 1) the local option sales tax; 2) local funding for schools' current expense; 3) consideration by the State of its budgetary decisions on local government; 4) school financing; 5) human services. OCTOBER 19, 1982 MEETING: The County Manager asked that the Board consider cancelling the October 19th meeting as he planned to attend the ICMA and to take Mr. Addelson and Mr. Laws from his office with him. He added that there were no items at this time which could not be considered at the-October 25th meeting. Commissioner Gustaveson moved, seconded by Commissioner Marshall, to cancel the regular. Board meeting for October 19, 1982. Vote: Ayes, 5; noes, 0. 4. Economic Development: The County Manager presented the Board with a' memorandum detailing models and issues pertaining to the establishment of an economic development program. The- Manager summarized the memorandum for the Board and recommended that an Economic Development Commission-be established; he detailed the duties, membership and County responsibilities to the Commission.(the Manager's memorandum is on file with the agenda for this meeting). - Some Board members expressed the concern that-the Planning Staff may not be able to absorb the additional work-load and that the position not turn into a mini- "travel bureau." Commissioner Marshall said that during a luncheon which she had attended in Raleigh, NC Department of Commerce personnel were advising caution. The Manager said he needed Board response prior to his meeting with the Town Managers irequested by the Working Committee on Economic Development. Board members expressed . a desire that whatever model was chosen, flexibility, primary goals, thought j of staff time, water/sewer options, and responsibility of public funds going into . economic development be considered. The,Manager said that after further work he- would return to 'the Board for a report. With no further business, Commissioner Willhoit asked that the Manager check out the need for a. noise•control ordinance in the County; he suggested the Manager examine.Chapel Hill 's noise control ordinance. Commissioner Gustaveson moved, seconded by Commissioner Whitted, to adjourn. Vote: Ryes, 5; noes, 0. Richard E. Whitted, Chair . Paulette Pridgen-pond, Clerk t