HomeMy WebLinkAboutMinutes - 1984010307~
1
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January 3, 1984
The Orange County Board of Commissioners met in regular session on
Tuesday, January 3, 1984 at 4:00 in the Commissioners Room of the Orange County
Courthouse, Hillsborough, North Carolina.
Commf~sioners Present: Don titi'illhoit, Ghairman, and Gommissioners Len
Lloyd ,'Shirley rarshall, Plorman Walker and Richard Whitted.
A. ~QA$D COMMENTG
Commissioner N.'arshall asked that Item C-2 "Rezoning Request - Dennis
Howell Property" be tabled because the Public Hearing Minutes from November
28th had not been approved. Also, in conjunction with this request,
Commissioner Marshall requested a sketch map of the Weaver Dairy corridor
including: (1) where I-40 will be located; (2) land use for Orange County and
Chapel Hill jurisdiction; (3) what is developed; (4) what is approved for
development; and (5) open area.
Commissioner rarshall added a brief discussion to Item 24 "Project
Ordinance Amendment - Section $", in response to a letter received from HUD.
B . AIIDi~~_~9L~
1. Matters on the printed agenda - NONE.
2. Matters not on the printed agenda - NONE.
(For procedural purposes, Chairman FTillhoit requested that the motion be made
before a discussion of the particular item.)
G. ITEMS_ FOR_ D~C~~
1. ~~,zsni..n~q_ReTau~~~4_,~,Ill~B_~~2fsr.~h__Ero~rty
After prior discussion, Commissioner (v~itted moved and Commissioner
iarshall seconded that this request be tabled until January 17, 1984 at which
time the November 28, 1983 Public Hearing minutes and the reauested sketch map
will be presented. VOTE: UNANIMOUS.
2. Rszoning_><t~g~~;~~ennis Howe~,l_ Property
By consensus, this item was tabled.
3. Rezoning P.eauest - 5~~~,~ ~Il~~1?_~~~e~ty
Commissioner Marshall moved and Commissioner Lloyd seconded to approve
the recommendation on the proposed zoning change for 5.42 acres of property
located in Hillsbarough Township on the south side of S.R. 1133, Oakdale Drive
and east of Kelly Drive form R-1 Residential to R-4 Residential. VOTE:
UNANIMOUS .
C-4. 1~Z~1]1Li$~t~~11~St - Thomas f?erritt_-Pr~~erty
Marvin Collins, Planning Director gave the presentation. Access and
safety concerns were discussed.
Commissioner Parshall moved and Commissioner Grritted seconded approval of
• the NC-2 request for that portion of the tract (2.22 acres) lying west and
_.. north of the existing garden center located in Hillsborough Township on the
east side of US 70 Bypass, St. I.4ary's Road and adjacent to the Pantry
Convenience Store, with .SS acres to the east remaining R-1 Residential and
serving as a 50--foot buffer strip along the eastern property line. VOTE:
UNANIMOUS
C-5. g,~timr~~r~, R~rue~~_y~rDQ.~.g~pavis Commissioner
Marshall moved ana Commissioner Lloyd seconded the approval of the development
of a subdivision located in Bingham Township on NC Highway 54, lot ~8, tax map
30L which consists of a 4.5 acre tract as indicated on the preliminary plan
that was presented to the Planning Board. VOTE: UNANIMOUS.
C'-6. PrPliminarv Plan Annrnval Racuast - Alnis Callamvn
07E
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Commissioner Iarshall moved and Commissioner Whined seconded the
approval of the Preliminary Plan for the property of Alois and Cathy Callemyn
located in Hillsborough Township on SR 1134 (Dimmocks Mi11 Road), subject to
construction of "Class C" road and note on plat that lot 4 has access from
Dimmocks Mill Road with the proposed Jamcha Lane complying with Duke Power
Company right-of-way restrictions. VOTE: UNANIMOUS.
C-7. Px.saF~s.sd_..$e3ti5i4ns to ther.._sediIIL'~at~.A.sl-~~SQ~xQl
- Ordinance
(See pages ~_,,for these revisions)
Commissioner Whitted noted that the State Sedimentation Control Board did
approve the University Lake watershed amendments tv the Ordinance,
Commissioner I•iarshall.moved and Commissioner Ydhitted seconded approval of
the amendments to the Sedimentation and Erosion Control Ordinance that was
presented at the public hearing on ivovember 28, 1983. VOTE: UNANIMOUS.
C-8. P~~~Qn-i-na~~~nS~I~~~ts - 8.r~..~.~. sneci~3]._~1s~
F-14. Pr .onQ~gd Zoning_.~~~D~~2F~-.BID.en&~IIl~nt - Article_ 2Q
Note: These two items were considered together because they contain the
same warding in two different sections of the Ordinance.
Commissioner Whitted moved and Commissioner Marshall seconded the
approval of the proposed text amendment to Article S Special Use and also to
Article 20 Amendments to read as follows under Public.Hearing Required, Notice
Specified: "such notice shall be published in a newspaper of general
circulation in Orange County once a week for two consecutive weeks, with the
_ first notice to be published not less than ten (10) days nor more than
twenty-five (2S) days prior to the date of the hearing. In computing the
notice period, the day of publication is not to be included, but the day of the
hearing is to be included. VOTE; UNANII•iOUS.
C-9 Pronose~ ~,Qnin~Qr~y~,~nce_ T~_~~p1~Fa~~r~j,~],,,e~.lgD,S.
F-15. Pro~9~ed_ ~onii7r~,__, Ordinance ,Text AmendmeDt - ~. Article 22
Definitions
(see pages ~ for these text amendments)
Commissioner Iahitted moved and Commissioner I•iarshall seconded the
approval of the proposed text amendments to Article 9 Signs and to Article 22
Definitions. VOTE: UNANIMOUS.
C-10. p~onosgd Zonina OrdiAangg Text Ame~j~~~~-,$Y~,j.~lE_ _ 1.L~-
Nonconfarmities
Commissioner I%iarshall requested this item be removed until January 17,
1984.
F-17. $~~S~d Part~c~~atory Pavina~Y4g~am_ Prgj•~_ion
Commissioner Whitted moved and Commissioner S•7alker seconded the approval
- of the request that Workman Road, Lonnie Drive, Luther Drive and Jaspers Lane
of the Joppa Oaks Subdivision be placed first on the list for the Participatory
Paving Program. VOTE; UNANII•IOUS.
F-18. Rvad_ Add~t.ion - Trandescant Road in ,~gr~1 bj,11s. Subd~yj,~ion
Commissioner Marshall moved and Commissioner Vlalker seconded the approval
of the addition of Trandescant Road in Laurel Hi11s Subdivision to the state
maintained road system. VOTE: UNANIMOUS.
F--19. B~.d_Asls~i~.i~ni.~r.~xs.~t~_~.L~lax.~7.~ii11~.51~)as~~.~a.~isza
Commissioner jOhitted moved and Commissioner Marshall seconded that the
Department of Transportation be notified that the petition for addition of
Lanier Drive in Laurel Hill Subdivision to the state maintained. road system was
received by the Soard. VOTE: UNANIMOUS.
07:
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F-20. BQc3~D,~1~1stLL.- ~ lY~~ Greentree_j~~1yQ_~~~I1_,13I7I1S~
Drive in Hillcrest Subdivision
Commissioner Whitted moved and Commissioner Marshall seconded the
approval of the addition of A'oodlawn Drive, Greentree Drive and an unnamed
drive in Hillcrest Subdivision to the state maintained secondary road system;
to select an appropriate name for the unnamed drive; and to examine Woodlawn
Drive to select another name for this Drive. VOTE: UNANIMOUS.
F-21. ~A_c&D~i~~49tam
Commissioner t•iarshall moved and Commissioner Whitted seconded the
approval to reestablish the 4:IN Program for Orange County. VOTE: UNAP7IMDUS.
F-22. ~er~erls~~~15~L_Proram
Commissioner Whitted moved and Commissioner Lloyd seconded approval to
renew the agreement with the North Carolina Department of Agriculture covering
the administration of the Emergency Food Assistance (EFA) Program and
authorizing County Manager Thompson to sign such agreement and provide
quarterly distribution until food quantities increase as determined by the
Hoard through reporting of I~:anager. VOTE: UNANIMOUS.
F-23. ~~r]~s"~.l_~llpner~~sx_~{~al~.inle O~ficns
County I+ianager Thompson presented this request.
Commissioner Marshall moved and Commissioner Whitted Seconded the
approval of a part-time position in the Clerk's office and a part-time position
in the Economic Development office on class grade 59 with 53,310 paid Eton the
Economic Development budget and 53,310 from an underspent central services
account, with the provision that the Planning staff be responsible for their
-- own public hearing minutes. VOTE: UNANIMOUS.
F-24. Proi~~ Orr~"Dance amendment - 5ec~ion 8
Commissioner lUIarshall moved and Commissioner WYiitted seconded the
approval of a budget for the Section 8 Existing and the Section B Moderate
Rehabilitation Housing Assistance Programs for the calendar year 1984 as
follows:
Appropriation and Source:
Housing Authority--Section 8 51,340,226.00
Housing Authority-Section 8 Moderate Rehabilitation 442,230.00
VOTE: UNANIMOUS
ADDED ITEP4: j+~anaaement_ RQVigy~$~p~~~rg~_ H~7~~~~reensbbro
Commissioner Marshall presented a letter from HUD in Greensboro
requesting a Management Review Report and requested that a report be given at
the February 6th meeting in response to this management review.
F--25. Budget4.~IAEIIdIIIeri~S__..(~,9.21.~ r ]?.tlna~nc~~~ea1~11. and.~~7.~t,~.
Processing
Commissioner 4thittea moved and Commissioner Marshall seconded the
following budget amendments:
(1) To budget X24,516 from contingency for additional personnel, capital
and vehicle costs for a previously established Erosion Control Staff position.
(2) To budget 52,500 from contingency for hiring an individual for
legislative drafting services on the proposed Orange County Farm Preservation
Program.
(3) To budget 59,500 from adult health services revenue far partial
funding of a nurse/educator for the Orange County Health Department.
(4) To budget 52,795 from data processing charges for purchase of needed
data processing equipment for the Orange County Board of Education project.
VOTE: UNANIMDUS.
F-26. Ant ointments
orb
d
Commissioner t9hitted moved and Commissioner Marshall seconded the
appointment of Viola F. Crowder to the Orange County Library Board of Trustees.
VpTE: UNANIMOUS.
Commissioner PThitted moved and Commissioner Marshall seconded the
appointment of Edward P. White to the Chapel Hill Board of Adjustment. VOTE:
Ui`ANIMOCts .
Commissioner Marshall moved and Commissioner Whitted seconded the
-- appointment of Ms. Nancy Preston to the Joint Orange Chatham Conununity Action
Agency. VOTE: UI.ANI[90US.
Commissioner t^Thitted moved and Commissioner Marshall seconded the
reappointment of Flinston Broadfoot to serve as Chapel Hill's representative on
the Human Services Advisory~Commission.
Upon the request from the Chapel Hill Tovm Council, Commissioner t~*hitted
moved and Commissioner Lloyd seconded the approval of the request to reduce the
nur~~ber of representatives from the extra territorial jurisdiction from three
(3) to two (Z) on the Chapel Hill Planning Board. VOTE: UNANIMOUS
Commissioner Marshall moved and Commissioner PJhitted seconded the
appointments of Bonnie Davis and Ruby Gray to serve on the Domiciliary Home
Community Advisory Committee. VOTE: UNANIt•10US.
F-16. Planning_ $or~zs3_Re~~~1~~j,p~
Commissioner Parshall moved and Commissioner Whitted seconded that tYAe
Plannin5 Board examine the regulations governing subdivisions and also consider
such issues as whether regulations need to be tightened, whether a system of
_ fines should be imposed for violations, and whether there is a problem of
enforcement of already existing laws and make reconmendations far Board
consideration. VOTE: UNANIP40US.
D. ~~~CU'1?TVE SESSION
Corunissioner i,~hitted moved and Commissioner Marshall seconded the motion
that the Board of Commissioners convene in Executive Session to discuss a
property matter.
MEETxNG WAS ADJOURNED UNTIL 7:30
E. ~JBLIC HEARIIIGS
Northsidg_pry,.~i,v~;~SSB~l~~.4.~_~~Y~~iAatory_ Przyina P~ o~iect
NO CO!•'IAIENTS FROP7 THE AUDIENCE.
Commissioner SValker moved and Commissioner Lloyd seconded the approval of
the Final Assessment Resolution for Northside Drive (5R 1964); scheduling of a
public hearing on the Preliminary Assessment Roll far February 6, 1984; payment
to DOT of the local share of the construction cost of the project and an
anticipated pavinr, date for Northside Drive for spring of 1984. VOTE:
UNANIMOUS.
p.Snno~sd_ Minimum .H~t.G1' ns~_ Ccrie -- Comments f rom the Audience
Jerry Robinson, Orange County Director of Health, spoke in support and
gave background information on the formulation of the Minimum Housing Code; the
effect of substandard housing on individuals and how it relates to deleterious
effects on the health of thane individuals; the concepts and effects of
dilapidated and deteriorated housing on the health, safety and welfare of
occupants; and defining dilapidated housing as that housing which is not
repairable for more than 50~ of the assessed value of the property.
Winston Broadfoot, Aiember of the Chapel Hill Town Council, spoke as a
citizen in support of the concept of the Plinimum Housing Code. Some landlords
are conscientious but some are not. It is time for local government to correct
o~~
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this situation. Cited the enabling act as a tool for the county to correct
housing to ma4:e it fit for human beings.
Steve Durham, Social Worker for the Orange County Department of Social
Services in the childrens protective service unit, spoke ir. strong support of
the tiinimum Housing Code Standards in the County and cited examples of the
rental housing conditions which exists in Orange County.
Ida Evans, a concerned citizen, cited a condition which exists in her
neighborhood and spoke in support of the Minimum Housing Code.
Peggy Benson, Social Wacker for the Orange County Department of Social
Services in the childrens protective services unit spoke in support oz the
Minimum Housing Standard in the county and cited examples of poor rental
housing conditions.
Ruth Long, a concerned citizen, spoke ir. support of the Minimum Housing
Code and cited mixed feelings among tenants.
Judson Barrett, Director of the Chapel Hill Housing Authority but
speaking as a professional in the housing field for years, supported the
Minimum Housing Code as a protection for everyone - tenants and landlords.
Jill Riggsbee. County Public Nurse, cited cases of homes with a mir_imum
amount of heat, bacteria in the water and no indoor or outdoor plumbing. She
supports the rlinimum Housi-ng Code.
Tony Zizzamia, Director of Home Health Agency in Chapel Hi11 and a
citizen of Orange County, cited examples of sub-standard housing conditions and
urged the passage of this Ordinance.
Candice Carraway, Northstate Legal Services stated: (1) the landlord can
charge the tenant for repairs; (2) the landlord still has certain rights for
eviction; (3)Cabarrus County officials reported that the only rental units
taken off the market after the inception of a Minimum Housing Cade in that
county were units that were not occupied. Therefore, the ordinance can be
effective without taking a large number of units off the market.
Everett I;ennedy, a Hillsborough Realtor, stated a concern about the
enforcement of the ordinance and the shortage of housing whereby people in
substandard housing would not have any place to live.
William Price, concerned citizen and retired Episcopal priest, stressed
the need and adoption of the trinimum Housing Code.
NO FURTHER CITIZEN CONiMENTS
$~ARI)_ COAtM ~i~
Commissioner Lloyd expressed. his concern that the Ordinance only covered
rental property and not home owned property.
Attorney Gledhill stated that even if there is a contract or agreement
between the landlord and tenant, the landlord will be the responsible person
for bringing the housing up to the PSinimum Housing Code.
F-11. ~j'oDOS~„ ad Zoning _OYS3y,zl~~e Text ~~gi~~__~B„~~,j,~1e 4 and_ $~~j,~~
66 (Overlay Zoning District) and
F-12. PSQp9~~.~lna__~_OrS~lllr~ce ,Text ~,Q~~_-., Artic],e 9 aDd -article
22 (Additional Signage Requirements)
Planner Susan Smith presented for public hearing on January 23, 1984, the
proposed Zoning Ordinance Text Amendment for Articles 4, 6, 9 and 22.
Commissioner 4r-bitted moved and Commissioner Parshall seconded approval
for Public Hearing an January 23, 19$4, the overlay district for the I-40
corridor providing for sign limitations, landscaping requirements, etc., and
the proposed amendments to the Zoning Ordinance which would establish
additional signage requirements along major thoroughfares in Orange County.
VO'T'E: Ayes. Wi.llhait. S7hittPd and Marshall: Pdoes. Lloyd and Walker.
08G
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F-13. P,L~$~S.@.,d._ZBIIing_Or2'inanc~~'~~A~II'S~LL'D~._..~_.Ta~dIiS18~s3~7c S~nd~rds
Commissioner v?bitted moved and Conunissioner I~larshall seconded approval of
the proposed Zoning Ordinance text amendrnent, which would establish anew
Article 12 entitled "Landscaping and Screening Requirements," be added to the
public hearing agenda for January 23, 1984. VOTE: Ayes, Willhoit, Whitted and
~]arshall; Noes, Lloyd and v7alker.
with no further business for the Board to consider, the meeting was
adjourned.
Donald G. Willhoit, Chair"
Beverly A. Blythe, Clerk
APPROVED 3/13/$4 ,
~~ b ~
Proposed Revisons to the Sedimentation and Erosion Control Ordinance
Section 5 General °.equir~tts
a. Section. 6c of existing ordinance.
b. Erasion Control Plan F.equisement. Prior to t'~e com~encement of any .land
disturbing activity that will result in the talcavering of more than
20,000 square feet of land, the person responsible for the land disturbing
activity, the land owr+rx, oz his agent must prepare and submit ~- Erasion
- -- Control Flan for t'~e proposed site. die erosion Control Gfficer may,
at his discreti_on., grant a Plan ~~.iver if the amount of cii.sturoance is
between 20,000 and 4G,000 square feet, the site conditions warrant it
--- and t1--e disturbance is not directly adjacent to a sensitive area.
Section 17 Permits
a. IIo person shall. undertake any land-disturbing activity w~iti.ciz would result
the uncovering of 20,000 square feet or trnre of ].and ~,rititout first
obt~ainting the required approvals and pera:its fr~i tale Erasion Control
Officex. land disturbing activities listed under Section 5d must abtaitt.
ttte appropriate Erosion Control Plan Approval from the State; i~aever,
These land-hjGturbing activities require a Grading Permit fx~ the County
when the axrount of dist~bance is greater than 20,000 Square feet. Permit
application forms must be signed by the ].ando4mer ar his autitorizeci agent.
The agent signitlg must st~.t a signed letter from the saner.
b. Erosion. Control Plan Approvals and Plan Waivers
Sn Erosion Control Plan must be suumitted to the Erasion Control Gfficer
when the proposed land disturbance i$ greater than 20,000 square feet.
_ ~, at the discretion of the Fxosian Control Gfficer a Plan Ldaiver .
may be granted when the disturbance i.s between 20,000 anti 40,000 square
feet, site cvndi.ti.ons warrant i.t, and the disturbance is noC directly
- adjacent to a sensitive area. T_he application for a Plan Waiver must
contain sufficient information about the proposed site for the r~rosion
Control. Officer to detPr~nP if granting a Waiver is justified.
c. Before starting a land disturbing activity greater than 20,000 square feet, -
the owner or Iv.s agent shall obtain a Grading Permit from. Lila lrosion
Cont~lOfficer. Erosion Control Plans or Plan Waivers must be approved
before a Grading Pmt will be issued.. Grading Permits may be obtained
when the Plan or Waiver i.s approved or prior to the start of Cite land
dist-~bance.
d. Expiration of Permits -
Erosion Control Plan Approvals and Plan Waivers expire if the land di.sturbixtg
activity is not be~.tn arithin 6 months of the approval date. All Erosion
Control Plans Approved prior to the adoption of this atrendment will
expire 6 mottt'ts after the adoption i.f the land disturbing activity ilas
not begun by that date. .
A Crarl'n~ Fermis shall expire by limitation 6 muntlts after the ante of
issuance if the land disturbance has not been commenced. If after comvence-
meet the work is ~discantrvtued for a period of 6 ,mont.~s the Grading Permit
shall expire.
-- The land disturbing activity is ccrosi_aered to have started when the
necessary erosion control practices have been properly ix~stall.ed and
tha site clearing or grading has begun.
f.'~ae person responsible for the
revocation of a Grading Permit
21f of this ordinance.
land-disturbing activity may appeal the
follovrisig the procedures set out in 5ectian
(' t~ :,
Section 18 Erosion and Sedimentation Eantrol Plans
a. An Erosion Control Plan shall be prepared for all %and-dist~bing activities
subject to this ordinance whenevoer t`ie proposed activity invrolves t:~-e
disturbance of mire µhan 20,000 square feet. ~ Plan shall be filed
~~h the Erosion Control. Officer and the Orange Sail and 'vJater Conservation
Distxict 30 days prior to the cement of tiie proposed activity.
If the land disturbing activity involves 20,000-40,0.00 sq. ft. and meets the
requirements undex Section 17b, the Applicant m~.y apply for a Plan Waiver,
which does not require a formal l~osicm Control~P.1~.
b. Section 18b of the existing ordinance.
---- c. Section. 18c of the existing ordinance.
d. 5ectiaci l$d of the existing ordinance.
e. Section 1$e of the existing ordinance.
L~~~
NOTICE VF PUBLIC HEA$ING ON PROPOSED AMENDMENTS
TO TI3E ZONxtv*G ORDINANCE OF ORANGE COUNTY, NORTH CAROLINA
Pursuant to the requirements o~ the General Statutes of North Carolina, Chapter
153A, Section 3Z3 and Section 343, and Article 20.5 and• Article 2G.6 of the Orange
County Zoning Ordinance, notice is hereby given that a public hearing wi11 be held
in the 5upera.or Courtroom of the Orange County Courthouse, 106 East Margaret bane,
Hillsborough, N. C., on Monday, November 28,' 1983, at 7:30 p.m, for the purpose of
giving all interested citizens an opportunity.to speak for or against the adoption
of proposed amendments to t$e Orange County Zoning Ordinance.
The amendments under consideration are as follows:
-- Article 8. SPECZAI, USE
S•4 Procedure fpr'Suhmission and•CoasideYation of A litatians
•fcY'A •r6val"df'S'eci~.l'USes
8.4.4 Public Hearin Re uired• Notice S ecified
Such notice shall be published in a newspaper of general'
• circulation in Orange County once a week for two consecutive
weeks; with the first notice to be published not less than
ten (10) dogs nor more than twenty--five (25) days pYior to
• the date of the hearing. In computing the notice period, the
daq of publication is not to be included, but the day of the
hearing is to be included.
• Article 9. SIGNS
;. .
4.l
9.2
9.2(a)
9.6
9.b(f)
Intent
It is the intent of this section to regulate signs on a per lot
basis in conjunction with the zoning designation of the lot as
described in the current tax roll.
Traffic Sa et Precautions
Na sign shall be erected so that any part of it intrudes into
the sight preservation triangle.
Include the sketch of the "sight preservation triangle". as
shown belaws
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Si s'Not Sub'ect Ta•Permit Re uirements
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