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HomeMy WebLinkAboutMinutes - 19890103- ~".:; ._. ~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ! REGULAR MEETING JANUARY 3, 1989 The Orange Gounty Board of Gommissioners met in regular session on Tuesday, January 3, 1989 at 7:30 p.m, in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Moses Carey, Jr., Vice-Ghair Stephen Halkiotis and Commissioners John Hartwell, Shirley Marshall and. Dan Willhoit. ATTDRNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Finance Director E11en Liston, Purchasing Director Pam .zones, Director of the Department on Aging Jerry Passmore and County Engineer Paul K. Thames, Jr. A. BOARD AND MANAGERS COMMENTS Commissioner John Hartwell stated that another hunting season has closed and no one was killed but that many people were shot at. There were a large number of people who complained about trespassers. Many of the problems stem from people who ,are not residents of the County who come here to hunt and have na knowledge of the territory. He has had a hunter approach him about an ordinance that would prohibit hunting within a certain distance of schools. He stated he would like to be better informed of hunting regulations. Commissioner Halkiotis feels there needs to be some regulation at the State level outlawing high power rifles. The Board expressed a desire to learn more about the regulations and what can be -- done to protect citizens and their property. Commissioner Willhoit requested that the Clerk research the minutes from 1975 and 1976 for excerpts on the discussion the Board had on hunting control. Commissioner Hartwell noted he received a notice from Triangle J COG about the acquisition of land far the Eno State Park and asked how the Commissioners respond to request such as this. After a brief discussion it was decided that a procedure does needs to be developed for responding and that Chair Carey will write a letter to TJCOG expressing the Board's support for this acquisition. Chair Carey added to the agenda under Appointments for consideration the appointment to the Health Board. He also announced that a Coordinating Communications Committee (CCC) has been formed to enhance and stimulate communications between the University and members of the governing bodies in the county and North Carolina Memorial Hospital. County Manager John Link corrected the amount in F-5 to $6,510 far the matching funds instead of $6,310. S. PUBLIC COMMENTS None C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for the November 28, 1988-Quarterly Public Hearing as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to L` approve the minutes for December 20, 1988 as corrected. VOTE: UNANIMOUS PUBLIC CHARGE Chair Moses Carey, Jr. read the public charge. PUBLIC HEARING 1. Zoning Ordinance Text Amendment a. Article 9--Signs (Permitted Commercial/Industrial Signs) Planning Director Marvin Collins presented for receipt of public comment the amendments proposed by the Planning Staff in response to a proposal by the Meadowlands associates to amend signage requirements in the I-1 ,Industrial Zone. He compared Orange County's signage requirements in light industrial zones with those of Durham County, Wake County, Chapel Hill and.Carrboro. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS Mark Farrell, Meadowlands Associates, expressed support for the recommendations. He expressed concern over the specific sign provision for entry signs into industrial developments. Collins indicated that one of the recommended changes would permit such signs as well as permit signs for projects of an office nature. Commissioner Marshall requested that the written comments o£ the EDC be entered into the public record by reference. A copy of these comments are in the permanent agenda file in the Clerk's Office. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to refer this item to the Planning Board for a recommendation to come back to the Board of Commissioners no sooner than February 6, 1989. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. Planning Board Resolution--Rural Gharacter Study (A copy of this resolution is in the permanent agenda file in the Clerk's Office). There was a consensus of the Board to receive this resolution as information. E. REPORTS 1. Duke University Forest Report (A complete copy of the report is in the Commissioner's Library). Max Wallace, Associate Vice President for Duke University, presented the report. The report was prepared by the Land Resources Committee of Duke University. Wallace gave the history of the Duke Forest Lands which led the University to look at the land, its use, and its future potential use. This led to the formation of the Land Resources Gommittee as well as other subcommittees which studied different aspects of the issue. The goal was to have a long term land use plan to look at how the University could deal with these properties and use them over the next 50-100 years. At this point, a land planning firm from New York was hired to help the Gommittee put the information into a format that could be understood and evaluated. Wallace continued summarizing the report. Three things came out of the report. First, there was a series of policy recommendations developed which are now before the Board of Trustees. These will become the governing philosophy of how the University will look at its forest lands. Second was a classification system for the lands `', I - .S similar to the County's master Land Use Plan, Third is a new governing structure far the lands, changing the structure from being under the Forestry School to under the central University's Administration: He reviewed the policy recommendations as stated in the report on pages 10-13, Wallace then summarized the proposed land classification system and described the four land classifications. These are listed on pages l4 and 15 of the report, Section five o£ the report wavered proposed land classifications which classified each parcel of forest lands utilizing the proposed land classification system. Wallace showed these parcels on maps indicating the proposed classification of each parcel, In conclusion, Wallace stated that the goals, policies, and management strategies recommended in the report axe intended to provide a comprehensive framework for the future use of Duke Forest and other non-campus lands for the benefit of Duke University and its constituents. He expressed concerns with the Public Interest District (PID) zoning and expressed a desire to work with the County in solving those concerns. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to accept the report from Mr. Wallace and to proceed with the work plan as adopted at the December 20, 1988 meeting. VOTE: UNANIMOUS. 2. Reservoir Report from Hazen and Sawyer (A copy of the report is in the permanent agenda file in the Clerk's Dffice and in the Commissioners' Library). Don Cordell, P.E. Associate with Hazen and Sawyer, presented a summary of the report. The report presents updated property requirements and costs for potential reservoirs on Seven Mile Creek and on the Eno River above McGowan Creek. The updates are based upon new topographic maps that have been prepared by Piedmont Aerial Surveys. The maps allowed Hazen and Sawyer to refine their estimates on the volume at each contour and to update the construction work that will be required at each site. The information on the affected structures was also updated with the use of the new maps. He continued his presentation by the use of overhead slides showing the assumptions made before the topographic maps were available and the revisions and adjustments made after the maps were done. He reviewed the conclusions as listed on pages 7 and 8 of the report. After a series of questions from the Board which were answered by Mr, Cordell, motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to accept the report from Hazen and Sawyer and to proceed with the plan approved at the December 20 meeting to involve the utilities, towns and the public in the process of deciding on the site and other details of a new reservoir and set a public hearing i~or January 30, 1989 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. VDTE: UNANIMOUS, 3. Work P1anjZoning History--Johnny Kennedy Property Planning Director Marvin Collins stated that at the last meeting the property of Mr. Johnny Kennedy was considered as part of the comprehensive rezoning in Eno Township. His property was being proposed for rezoning from GC-4 to EC-5, Two questions were raised: (1) was the property properly zoned back in 1981 when the Land Use Plan was adopted and the current Zoning Ordinance was updated and (2) whether or not certain amendments could be made to the permitted use section of the Zoning Ordinance that would address Mr. Kennedy's concern. Collins stated that there was an error made in 1981 at the time this property was placed in the GC-4 category in that this property was not in the commercial industrial activity node centered on Interstate $5 and US 70 intersection. For that reason GG-4 district was carried forward until recently when the rezoning of GC-4 to - . ,-~ EC-5 was proposed. Also recommended is a proposed amendment to the zoning ordinance -,-:•~, text - specifically to the permitted use table. If this amendment is accepted and if ' this property were placed in the EC-5 classification, Mr. Kennedy's current operation would be allowed to continue as well as a proposed mail order establishment. He would be allowed to not only continue his current operation he could expand the operation in the future if he so desires.. Collins noted that since Mr. Kennedy's acquisition of the property, it was subdivided from one to three lots. One of the lots contains the business establishment, another his residence and another is undeveloped. He suggested that the EC-5 designation be applied only to the lot on which the business is located. The rezoning could be approved now and the zoning amendment considered at the February Quarterly Public Hearing or the Board could wait until after the public hearing to consider both. Commissioner Marshall emphasized that the County has a responsibility in a situation where property is zoned incorrectly by the County to address the issue and if possible to correct the situaation. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to hold a public hearing on the rezoning of the three parcels - one to EC-5 and two to R-1 and on an amendment to the permitted use table in the Zoning Ordinance. VOTE: UNANIMOUS. F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the items as listed on the Consent Agenda and as stated below: 1. Documentation far Grant from NC DOT--Aviation --., To authorize the Chair to sign the designated form which will be submitted to the State as follow up documentation to the recently approved grant request. -''' 2. Approval of State Contracts for Elderly Services To approve and authorize the Chair to sign state funded contracts available under Senate Bill 1559 from the Triangle J Council of Governments, October 1, 1988 through June 30, 1989. State funds allocated to Orange County are (1) Chore service under In-Home Support - $7,896, (2) Respite Care under Caregiver Support - $13,143, (3) Minor Home Repairs under Title III-D State Supplemental - $2,193 (requires a $244 local match) and (4) Outreach under regional Neighborhood Advisor Project - $6,627. 3. Driver Contract Revision with OPGMHC's Children's Learning Center Ta approve and authorize the Chair to sign the revised driver provision agreement with OPC Mental Health Center. The contract revision clarifies further Orange County's and OPCMHC's responsibilities. 4. BOCC Policy #0030--Public Hearing Minutes To delete BOCC Policy #0030 which states that the Planning Staff shall be responsible £or transcribing the Joint Public Hearing minutes. The Clerk shall be responsible for doing these minutes. 5. Transportation Agreement for NCDOT Section 18 Funding To accept and authorize the Chair to sign a Section 18 transportation agreement with the North Carolina Department of Transportation. The agreement awards Orange County $65,100 for two van conversions with lifts and two van rehabilitations. The local matching funds total $6,510. - ::.~~ 6. Confirmation of Contract with DMG for User Fee Study - To confirm the contract with David M. Griffith and Co. to perform a user fee study fox Orange County for a total fee of $24,399 and to authorize the Chair to sign the contract. VOTE; UNANIMOUS. G. ITEMS FOR DECISION--REGULAR AGENDA 1. Continuation of Transportation Funding of OCIM Child Care Project Jahn Link reported that OCIM's new van has not arrived and recommended that the County continue to spend up to the $4,000 appropriated for transportation and that at that point the Department of Aging should then begin billing OCIM for transportation costs on a monthly basis. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Manager's recommendation as stated above. VOTE: UNANIMOUS. 2. CIP Schedule and Management Structure (A copy of the schedule and management structure is in the permanent agenda file in the Clerk's Office). John Link presented the CIP Schedule and recommended the establishment of a CIP Project Management Team. He explained that to assure that the CIP project schedule is successfully met, one person needs to be assigned certain management responsibilities. He recommends that Pam Jones assume that role and that a position of Purchasing Agent I be established in the Purchasing Department. Costs for the position for the months of February-June is $14,200 and he recommends these funds come from County Commissioners' contingency Fund. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the preliminary CIF schedule, the creation of a Purchasing Agent I position and that costs for this new position come from the County Commissioners' contingency fund. VOTE: UNANIMOUS. 3. Zoning Atlas Amendments a. Z-5-88 Starpoint Partners The property is located on the west side of Smith Level Road approximately 100 feet north of the intersection with U.S. Highway 15-501. It is known as Iot 19B and part of lot 19 of Tax Map 120 in Chapel Hill Township. The property proposed for rezoning contains approximately 8.88 acres. The current zoning on the property is CC-3 and PW-II. The proposed zoning is EC-5 and PW-II. The proposed rezoning to EC5 is consistent with the Zoning Ordinance and JPA Land Use Plan. The rezoning is requested in order to have warehousing as a permitted use. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve rezoning the property from Community Commercial 3 to Existing Commercial 5. VOTE: UNANIMOUS." b. Z-6-88 Dale G. Davis The property is located on the north side of US Highway 70 approximately 385 feet west of .the intersection with Buckhorn Road (SR 1114). The applicant is requesting a rezoning on Lot 9 of Tax Map 25 - Cheek's Township. The property proposed to be rezoned contains 51.712 square feet or 1.19 acres. The current zoning on the property is R-1 (Rural Residential) and PW-II. The proposed zoning is EC-5 and FWII. The applicant indicates that the existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984. The applicant is requesting the other lot be rezoned to allow the building to become conforming. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to ~~^' approve the rezoning from R-1 and PW-II to EC-5 and PWII. VOTE: UNANIMOUS. ~ 4. Zoning Ordinance Text Amendments (A copy of the amendments is in the permanent agenda file in the Clerk's Office and will be included in the Zoning Ordinance in the Ordinance Book). a. Article 4 - Permitted Uses, Article 6--Application of Dimensional Requirements, and Article 8--Special Uses (Electrical Substations) Collins explained that the proposed amendments would permit, by right, electric substations, switching stations, metering points and related transmission lines where such facilities receive no more than 100 kilovolts of electric power. All such uses currently require a Class A Special Use Permit. County Attorney Geoffrey Gledhill revised Article 6.16.18.e deleting the words "for current or future use providing electrical service" and adding "currently used for electrical distribution or transmission purposed and no other purposes. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to approve the proposed amendments as revised by Gledhill. VOTE: UNANIMOUS. b. Article 4--Permitted Uses, Article 8--Special Uses, and Article 22-Definitions (Day Gare Facilities) (A copy of this Zoning Ordinance - Amendment is in the permanent agenda file in the Clerk's Office and will be included in the Ordinance Baok) . ,,_,~ This item involves revising the Zoning Ordinance text to revise existing provisions applicable to day care facilities so that the definitions and standards used by Orange County are consistent with the state licensing requirements. --- Motion was' made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Administration's recommendation. VOTE: UNANIMOUS. 5. Subdivision Regulations Text Amendments (A copy of these text amendments is in the permanent agenda file in the Clerk's Office and will be included in the Ordinance Book). a. Section III (New)--Application and Approval Procedures b. Section V (New)--Specifications for Plat Drawings The Planning $oard recommended approval of the text amendments as presented at the November 28, 1988 public hearing. The Administration recommends approval of the proposed amendments per the Planning $oard's recommendation with one exception, the change in the method of approval of "minor" subdivisions as proposed in the revision to Section III-C. The Administration recommends that the minor subdivision approval process remain as is until the Subdivision Regulations are amended to provide consistency in the design standards applicable to major and minor subdivisions. Such consistency would insure that the minor subdivision process is not used to avoid compliance with design standards. It would also provide equity in the approval process. Geoffrey Gledhill asked that Section V be revised to state that the applicant be responsible for recording in the presence of and with the advice and consent of the Planning Staff. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the Administration's recommendation as amended by the County Attorney. VOTE: UNANIMOUS. c. Section IV-B-10 Cluster Developments (This amendment will be included in the Ordinance Book in the Clerk's Office). The proposed amendment is as follows: "(h) At least twenty percent of the gross land area is designated as common open space. No more than fifty percent of the required common open space shall be used exclusively for sewage treatment systems, utilities, or other uses which prohibit access by the residents of the cluster subdivision. This restriction does not apply to areas of historic or natural significance which may be protected by access restrictions." Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the amendment as stated above. VOTE: UNANIMOUS. 6. Flood Prevention Ordinance Amendments a. Article 2--Definitions ("Lowest Floor") and Article 4--Provisions for Flood Hazard Reduction (Equipment Design & Location) The North Carolina Department of Crime Control and Public Safety has reviewed the Orange County Flood Damage Prevention Ordinance and recommended two changes. First, a definition of "lowest floor" should be added to the definition section to avoid confusion with the term "lowest habitable floor". Second, a clarifying amendment concerning the elevation or floodproofing of electrical and mechanical equipment should be added to Article R Section 4.1(a). The Planning Board. and the Administration recommends approval. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the Flood Prevention Ordinance Amendments as recommended. VOTE: UNANIMOUS. 7. Erosion Control Ordinance Amendments (The proposed revisions and corrections will be included in the Erosion Control Manual and are on file in the permanent agenda file in the Clerk's Office). a. Erosion Control Manual Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Erosion Control Manual with the proposed revisions and corrections. VOTE: UNANIMOUS. b. Sections 5, 6, l7, 1$, and 22 (Incorporation of design standards and specifications, administrative procedures and notification procedures, and changes in enabling legislation) It is proposed that the Soil Erosion and Sedimentation Control Ordinance be revised to incorporate by reference the design standards of the Soil Erosion and Sedimentation Control Manual. Staff is proposing several changes to the administrative procedures which will include revisions recently passed by the State Legislature, and changes in notification procedures as recommended by the County Attorney. The Planning Board and the Administration recommends approval of these proposed amendments. The County Attorney requested that additional changes be,made to Section 22 - Civil Penalties. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to send these proposed amendments back to the Erosion Control Officer to review the section on penalties to include any further penalty provisions. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were approved by the Board: ABC BOARD - Paul Williams HEALTH BOARD - Patricia Pagel I. ADJOURNMENT With no further items to be considered by the Board, Chair Carey adjourned the meeting. The next regular meeting will be held on January 17, 1989 at 7:30 in the Courtroom of the old Post Office, Chapel Hill, North Carolina. rv:;-.z ;: Moses Carey, Jr., Chair Beverly A. Blythe, Clerk