Loading...
HomeMy WebLinkAboutMinutes - 19860902~~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS - REGULAR MEETING . SEPTEMBER 2, 1986 The Orange County Board of Commissioners met in regular session on Tuesday, September 2, 1986 at 7:30 p.m. in the Board of Commissioners Room, orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William Laws, Finance Director Gordon Baker, Deputy Finance Officer Ken Chavious, Clerk to the Board Beverly A. Blythe, and Director of Planning Marvin Collins. A. BOARD COMMENTS Commissioner Lloyd asked to add an item regarding the water Conservation Ordinance. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA None. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. APPOINTMENTS ORANGE COUNTY BOARD OF ADJUSTMENT Motion was made by Commissioner Carey, seconded by .Commissioner Marshall to appoint Elizabeth Shoemaker to the Board. VOTE: UNANIMOUS. Commissioner Lloyd nominated Everett Kennedy. Commissioner Carey nominated Doug Champion. VOTE: DOUG CHAMPION -3 (Commissioners Willhoit, Marshall and Carey) EVERETT KENNEDY -2 (Commissioners Lloyd and Walker) D. MINUTES Motion was made by Commissioner Marshall; seconded by Commissioner Carey to approve the minutes. for June 19, 1986 as corrected. VOTE; UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 8, 1986 as corrected. VOTE: UNANIMOUS. Motion was .made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for the July 10, 1986 continued meeting as circulated. VOTE: UNANIMOUS. Motion was made Carey to approve the circulated. VOTE: UNANIMOUS. Motion was made Carey to approve the VOTE: UNANIMOUS. Motion was made Carey .to approve the VOTE: UNANIMOUS. Motion was made Lloyd to approve the by Commissioner Marshall, seconded by Commissioner minutes for the July 10, 1986 Special Meeting as by Commissioner Marshall, seconded by Commissioner minutes for July 23, 1986 as corrected. by Commissioner Marshall, seconded by Commissioner minutes for July 29, 1986 as circulated. by Commissioner Marshall, seconded by Commissioner minutes for August 4, 1986 as circulated. ~~V VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the minutes for August 19, 1986 as corrected. VOTE : UNANIMOUS . ..._.1 Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the minutes for August 25, 1986 as circulated. VOTE: UNANIMOUS. E. RESOLUTIONS OF APPRECIATION 1. JOHN GASTINEAU The following resolution was presented to John Gastineau by Chair Willhoit on behalf of the Board: RESOLUTION OF APPRECIATION FOR JOHN GASTINEAU WHEREAS, JOHN GASTINEAU participated in discussions which led to the formation of the orange County Economic Development Commission and has subsequently served on the Commission since 1983; and WHEREAS, JOHN GASTINEAU has served as Chairman of the Orange County Economic Development Commission since 1983; and WHEREAS, JOHN GASTINEAU has given freely and unselfishly of his time, talents, energy and leadership from the creation of the Economic Development Commission in 1982, through its formative first three years; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, through its members, Don Willhoit, Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker, does hereby express its sincere appreciation to JOHN GASTINEAU for his economic development efforts on behalf of the people of Orange County. THIS, the 19th day of August, 1986. 2. AWARD OF FINANCTAL'REPORTING ACHIEVEMENT County Manager Kenneth Thompson remarked about the significance of the "Award of Financial Reporting Achievement". This is the fourth year Orange County has received this award which is the result of the efforts of the Finance Director and his staff. Chair Willhoit presented the plaque to Gordon Baker commending him and his staff for their hard work and continuing efforts. Baker gave credit to the members of his staff for their initiative in doing a good job . F. ITEMS FOR DECISION 1. PARTIAL WIDTH R/W - GENE & BRENDA RAY MINOR SUBDIVISION Planning Director Marvin Collins presented for consideration a request for a partial width right-of-way of 30 feet for a distance of approximately 100 feet to serve a one lot minor subdivision. The lot is located in the Gene & Brenda Ray Subdivision. A partial width right-of- way is needed because there is an existing dwelling that could not meet the required 20 foot setback. The Flanning Board recommended approval. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 2. PD-2-86 HEARTWOOD AT BLACKWOOD MOUNTAIN Marvin Collins presented for consideration of approval a request from Spence and Lyn Dickinson for a planned development rezoning and Class A Special Use Permit for 35.21 acres of land located west of Mill House Road in Chapel Hill Township. .The Planning Soard found the applicant not to be in compliance in the case of three specific standards. They have recommended approval of the planned development rezoning and issuance of a Class A Special Use Permit with the attachment to specific standards. Motion was made by Chair Willhoit, seconded by Commissioner Marshall that a finding of fact was made in which the Board concurred with the Planning Board finding of fact and that the three negative findings of fact are .mitigated by the imposed conditions: (1) Article 8.2.4a negative finding is addressed by conditions 8 and 9; (2) Article 7.14.3c negative finding is addressed by condition 6 and, (3) Article 7.14.3e negative finding is addressed by condition 7. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards; it has not been found by the Board in any specific manner that: 1. The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2. The use will not maintain or enhance the value of contiguous property; 3. The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the orange County Board of Commissioners. VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the rezoning of the Dickinson property from R1- Residential to PD-H-R1 (35.21 Acres) as specified in the application and to approve the issuance of a Class A Special Use Permit for the proposed Heartwood at Blackwood Mountain Development subject to the 20 conditions recommended by the Planning Board. VOTE: UNANIMOUS. THE CONDITIONS ARE LISTED BELOW: 1. The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all improvements (roads, utilities, pedestrian walkways) plus 10~. The amount shall be determined on the basis of full executed construction contracts or certification by a registered engineer employed by the grantee of this Special Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2. Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; pedestrian walkways; erection of street signs; utilities installation and hookup; recreational facilities; and landscaping. ~L+ 3. A11 necessary easements to permit utility (electricity, telephone) installation, servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. .,, 4. The grantee shall promulgate Articles of Incorporation governing tenancy in the development and shall record a copy of the Articles of Incorporation and Regulations promulgated under this condition in the orange County Registry of Deeds. ~5. Roads, parking areas, walkways, street. signs, utilities,, recreation facilities and sites, landscaping of the community center and its associated parking facility shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 6. The following recommendations apply to the road and parking facilities: a. Road name signs to Orange County standards shall be erected at all intersections. b. The private. Class A road serving the community center shall terminate in a cut -de-sac. The parking facility for the community center shall access off the private road, but not the cul-de-sac itself. c. The private class A road-serving the community center shall be constructed to orange County private road standards, but shall be hard- surfaced in compliance with NCDOT Minimum Construction Standards for - pavement design for subdivision roads. The rivate road shall be sub'ect to a road maintenance a reement submitted to and a roved b the Oran a Count Attorne rior to the recordation of the Final Plat. The a reement "''' shall be recorded with the Oran a Count Re ister of Deeds. d. Sight triangles in compliance with NCDOT requirements and Article 9 of the orange County Zoning ordinance shall be provided at all road intersections and shall be designated as part of the right-of-way. e. Two parking spaces meeting the .dimensional requirements provided in Article 10 of the orange County Zoning ordinance shall be provided for each dwelling unit. The location of these items shall be approved by the Zoning Officer and shown on the revised site plan. 7. The following recommendations apply to the recreation area and facilities. a. Tot lot/playground area to include play apparatus for children, ages pre-school to 14 (i.e. swings, slides, climber, whirl) and benches for adult supervision. Some shaded areas are to be provided within the tot lot area. The tat lot area shall be defined/enclosed with a barrier. b. Picnic area to include a small shelter with 3-4 tables. One (1) trash receptacle and one (1) grill per 2 tables. c. Provide one (1) parking space for each dwelling unit. Provide one (1) handicapped parking space for every l0 spaces. Parking spaces shall meet the dimensional requirements of Article 10 of the Orange ~~~ County Zoning Ordinance. Handica ed arkin s aces shall be barrier free and identified for use b individuals with h sical disabilities. The handica ed arkin s aces shall be a minimum of 12' in width and shall be_designed as follows: (1) so that handica ed individuals are not com gilled to wheel or walk behind arked cars (2) so that handica ed individuals can enter and exit the -.vehicle onto a level surface suitable for wheelin and walking (3) in con unction with sidewalk cut-awa s and or rams in compliance with the North Carolina State Building Code. d. The parking area shall be screened and landscaped in accordance with Article 12 of the Orange County Zoning Ordinance. e. Construct all walkin and hikin aths with a minimum width of 4 feet and on slo es no reater than 5~. Construct all ridin hikin trails with a minimum width of 5 feet with a minimum of 2 additional feet on either side cleared of brush or ve etation and l0 feet over-head clearance. The location of these items to be approved by the Zoning Officer and shown on the revised site plan. 8. The following recommendations apply to the lot arrangement: a. Each lot platted on the Final Plat shall include the area associated with the building site and the septic tank, including the three to be located off the property subject to the rezoning/special use permit. Appropriate easements shall be platted and recorded with the Orange County Register of Deeds along with legal descriptions and easement agreements submitted to and approved by the orange County Attorney. b. All lots shall have Health Department approval prior to the approval of the Final Plat. c. For each structure exceeding 25' in height an additional one (1) foot side and front setback for every two (2) feet of additional height shall be designated on the Final Plat. The location of these items is to be approved by the Zoning Officer and shown on the revised site plan. 9. The location of the communit wells shall be a roved b the N. C. De artment of Human Resources Division of Health Services and shown on the revised site lan rior to the issuance of the S ecial Use Permit. 10. All final plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County and the site plan modified accordingly to satisfy the Soil and Erosion specifications, includin the desi nation of draina a easements of a width s ecified b the Erosion Control Officer alon the creek and intermittent stream , Pryor to the issuance of the Special Use Permit. In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the ~~~ requirements of the Orange County Soil Erosion and Sedimentation Control. Ordinance. 11. Construct and maintain stormwater devices to control the peak rate of ,.__.~ runoff from the community center and artist bungalows. The detention devices shall be designed and constructed so that the peak rate of runoff after development will not exceed the predevelopment rate for a 20 year 24 hour storm and for storms of greater intensity. 12. Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. Clearing shall only be conducted for purposes of installing roads, utilities and other improvements until the improvements have been installed and the developer conveys title to the property to the individual property owners purchasing three or fewer lots. Existing. vegetation shall not be removed from the area within 50 feet of the Duke Forest property line. 13. Final landscaping plans shall be submitted and approved by the Zoning Officer prior to the effective date of the special use permit. 14. That all signs be erected in compliance with Article 9 Signs, following issuance of a building permit and prior to the issuance of certification of Occupancy for any unit. No sign may be erected within the sight triangles for the entranceway to the development. 15. That all structures be erected in compliance with applicable building codes following application for and issuance of building permits. 16. The developer shall coordinate mail service with the Postmaster prior to the initiation of construction. 17. A final boundary survey of the Planned Development and all easements` '~ (roads, utilities, drainage, sign) shall be recorded by the developer. 18. The final site plan and narrative of the project incorporating all changes, deletions and additions through, the final approval of the project are incorporated herein and made a part of this: Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 19. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with or fulfillment of the above conditions and the Orange County development regulations and ordinances. 20. 7~f any of the above conditions shall be held invalid or void, then this approval shall be void and of no effect. 3. LAKE HOGAN LAND - PRELIMINARY PLAN Marvin Collins presented for consideration of. approval the preliminary plan for Lake Hogan Lane. The property is located on SR 1728 (Lake Hogan Farm Raad) in Chapel Hill Township. It is bordered by agricultural and residential development and is within the Joint Planning Area which requires courtesy review from the Carrboro Planning Department. six (6) lots are proposed out of 13.9 acres. The Planning Board recommended approval with the condition that the recordation of a legal document stating the unsuitability of Lot 6 for development be recorded simultaneous with the Final Plat. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. - VOTE: UNANIMOUS. 4. MEL-OAK PHASE II ADDITION OF LOT 23 - PRELIMINARY Marvin Collins presented for consideration of approval a revised Preliminary Plat for Mel-Oaks Phase II subdivision. The purpose of the request is to permit the addition of Lot 23 between Lot 7 (Phase I) and Lot 22 (Phase II) on Mel Oaks Drive. The property is designated Rural Suffer and Protected water Supply Watershed - University Lake. The Planning Board recommended approval. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. 5. DELVIN WOODS - PRELIMINARY Marvin Collins presented for consideration of approval. the Preliminary Plan for Delvin Woods Subdivision. The property is located in Eno Township on the east side of Bivins Road (SR 1.573). Twenty (20) lots .are proposed out of 23.8 acres with an average iot size of 1.07 acres excluding the street right-of-way. The zoning of the property is Agricultural-Residential. The Planning Board recommended approval contingent upon the condition that dedication of a 50-foot public right- of-way along the northern boundary line of lot #11 which will extend from Delvin Lane to the eastern property line. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the Planning Board Recommendation. VOTE: UNANIMOUS. - 6. MANOR HILL SUBDIVISION (PHASE II,.) PRELIMINARY - Marvin Collins presented for consideration of approval the Preliminary Plan for Manor Hill Subdivision - Phase II. The property is located in Chapel Hill Township on the west side of Mill House Road (SR 1725). Three lots are proposed out of 12.23 acres with an average lot size of 1.99 acres excluding the street right-of-way. The zoning of the property is R-1 Residential, and the Land Use Plan designation is Rural Suffer. The Planning Board recommended approval subject to the following conditions: 1. Flatten the curve on Manor Drive where it intersects with Manor Hill Court in order to accommodate a road alignment which meets NCDOT minimum horizontal alignment criteria. 2. Assign a lot number to the reserved area indicated on the Plan. The lot number shall be consistent with the existing numerical system. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the Planning Board recommendation. VOTE: UNANIMOUS. 7. ACRES OF NEW HOPE: DIVISION OF LOT 31 OF SECTION 5 - PRELIMINARY PLAN Marvin Collins presented for consideration of approval of the Preliminary Plan for the division of Lot #1 - Acres of New Hope, property of Robert Chandler, TI. The property is located on Seminole Trail in Chapel Hill Township. It is bordered by residential development. The tract is designated as Rural Residential on the Land Use Plan. Two (2) lc~:s are proposed out of 4.01 acres. The property is zoned Rural Residential. The Planning Board recommended approval. Motion was made by Commissioner Lloyd, seconded by Commissioner `~~ ~ t.3 Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 8. MORELAND - PRELIMINARY PLAN - Marvin Collins presented for consideration of approval the ,. Preliminary Plan for Moreland Subdivision. The property is located in Cheeks Township on SR 1343 (Doe Run Road) Nine (9) lots are proposed out of a 9.61 acre tract. The tract is designated as Agricultural Residential on the Land Use Plan. The Planning Board recommended approval subject to lot 5 being designated of restricted development potential since a septic system cannot be located on this lot and deletion of the septic easement on lot 6 for lot 5. After further discussion and comments from Planning Board Chair Barry Jacobs and developer Paul Kempa on the condition placed on the approval by the Planning Board, motion was made by Chair Willhoit, seconded by Commissioner walker to approve the Preliminary Plan subject to the lot lines being redrawn to provide for the minimum lot size of 40,000 square feet and that the septic field for each lot be maintained within that 40,000 square feet. VOTE: UNANIMOUS. 9. PINE FOREST - PRELIMINARY PLAN Marvin Collins presented for consideration of approval the Preliminary Plan for Pine Forest Subdivision. The property is located in Eno Township on SR 1567 (Pleasant Green Road). Two lots are proposed out of an 85 acre tract. One lot is proposed to be 1.6 acres and the other lot 1.55 acres. The area is designated Agricultural Residential in the Land Use Plan. The Planning Board recommended approval. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. 10. RED HILL ESTATE - PRELIMINARY Marvin Collins presented for consideration of approval the Preliminary Plan for Red Hill Estate Subdivision. The property is located in Little River Township along the south side of Bill Poole Road (SR 1536) at the intersection. Eight (8).lots are proposed out of 14.82 acres with an average lot size of 1.85 acres excluding the .right-of-way. The property is located in an area designated Agricultural Residential in the Land Use Plan. The Planning board recommended approval subject to the following conditions: 1. that the property lines stop on the right-of-way lines for Bill Poole Road and Hopkins Road, and 2. that any power line easement be shown. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 11. TIME EXTENSION - ANIMAL SHELTER Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to extend the contract period for the animal shelter renovation to October 16, 1986. VOTE: UNANIMOUS. 12. CHANGE ORDER FOR HOLT CONSTRUCTION - ANIMAL SHELTER 13. CHANGE ORDER FOR ACME PLUMBING AND HEATING - ANIMAL SHELTER Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve two change orders to cover the cost of a counter top at $16'7.00 and a sink at $90.00. VOTE: UNANIMOUS. ~~ ADDED ITEM AMENDMENT TO THE WATER CONSERVATION ORDINANCE --,~~ Commissioner Lloyd made reference to the fact that the Ordinance only alludes to Lake Orange and does not consider the water level of Lake Ben Johnston and Corporation Lake. He noted that the two impoundments are full and running over the dam. He suggested that Article 3B in the ordinance be amended to indicate that in the event the water level of Lake Orange declines to a stage III elevation of water below the spillway and if Cor oration Lake and Lake Ben Johnston fall two feet or more below their s illwa level without an release from Lake Oran e a stage I2I water shortage WARNING shall be deemed in effect. Commissioner Marshall suggested this situation be referred to John Wray and the Division of Water Resources for their response. Ken Thompson noted that the true water volume is not known for Corporation Lake and Lake Sen Johnston. Chair Willhoit suggested that a way to lift the restrictions when Lake Orange is below 24~~ may be to add an amendment that would provide for the lifting of the restrictions if Lake Ben Johnston and Corporation Lake is at 100 and the instream flow requirement is being met. Discussion ensued on the Stage III restrictions and the possibility of removing the restrictions for car wash establishments from the Ordinance for now until a response can be received from the Division of Water Resources. Ken Thompson indicated he would rather the Ordinance be maintained as is until a report is received from John Wray. Lake Orange is a large impoundment while Lake Ben Johnston and Corporation Lake are small impoundments. The County Manager was requested to submit a recommendation to the Board at their next regular meeting. ~~ G. ADJOURNMENT with no further items far the Board to consider, Chair Willhoit adjourned the meeting. The next regular meeting will be held on Tuesday, September 16, 1986, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A.' Blythe, Clerk