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HomeMy WebLinkAboutMinutes - 19890801~, :- ,~ ~.-~ MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING ' TUESDAY, AUGUST 1, 1989 The Orange County Board of Commissioners met in regular session on Tuesday, August•1", 1989 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Stephen Halkiotis and Shirley E. Marshall. BOARD MEMBERS ABSENT: Commissioners John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Albert Kittrell and Ellen Liston, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planners Emily Crudup and Mary Scearbo, Acting Agricultural Extension Director Bonnie Davis, Tax Collector John T. Horner, Sanitarian Tony Laws and County Engineer Paul Thames. A. BOARD AND MANAGERS COMMENTS CHAIRMAN GAREY asked the County Manager to present an Affirmative Action update to the $oard at the earliest possible meeting. He noted that the Water Committee subgroup of the Joint Orange Chatham Work Group has made some recommendations on alternative wastewater systems and he asked that the staff develop some recommendations for incorporating these into the Orange County Ordinances. He asked that a special work session be held to consider these staff recommendations. He announced two upcoming Special Meetings: 1. August 21, 1989 - with the Town of Hillsborough at 7:00 p.m, in District Courtroom for the purpose of discussing the proposed reservoir. 2. August 31, 1989 - at 6:00 p.m, at the Colonial Inn with Lane Kendig, the Rural Character Committee, and the Planning Board for the purpose of discussing the rural character recommendations from the consultant Lane Kendig. Item G$ was removed from the agenda. Recreation and Parks Advisory Council was added to the Appointments. B. PUBLIC COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire item appears on the agenda. to speak will be recognized at the time their 2. MATTERS N01` ON THE PRINTED AGENDA Mr. Ray Hardee informed the Board of a problem with pit bull dogs at a house located on Riley Avenue within the city limits of Hillsborough. He has contacted the Town Board. He asked for a solution to address this problem. A neighbor has eight pit bull dogs inside a fence in a lot which is SO' x 100'. Not only do the dogs breed in sight of children, but green flies, fleas and feces are a problem. The owner has been approached about getting rid of the dogs and he has refused. Mr. Hardee asked if the Animal Control Ordinance could be revised so that this problem could be resolved. He stated that he and his neighbors feel that they are in physical danger. Although the fence is adequate, dogs have been known to climb fences and the neighborhood would be defenseless if the dogs got out. It was decided that this complaint will be investigated by the Animal Control staff and a report will be presented at the next meeting. In addition, the County's enforcement within the town limits will be addressed. '' to Mr. Hardee by the Clerk's Office. C. MINUTES A copy of the Animal Control Ordinance was sent Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve the . minutes for the May 30 Special Meeting-$udget Presentation as circulated. ' VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Gommissioner Halkiotis to approve the minutes for the June 1 $udget Work Session as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for the June 12 Budget Work Session held at 10:00 a.m. as circulated. VOTE: UNANIMOUS. Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to approve the minutes for the June 12 Budget Work Session held at 6:30 p.m. as circulated. VOTE: UNANIMOUS. Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to approve the minutes for the June 13 Budget Work Session as circulated. VOTE: UNANIMOUS. The minutes for the June 14 Budget Public Hearing were postponed and will be considered at the next meeting. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the minutes for the June 15 Budget Work Session as circulated. VOTE: UNANIMOUS. ,.-.; PUBLIC CHARGE Chairman Carey read the Public Charge. PUBLIC HEARING 1. 1989-1990 SECONDARY ROAD IMPROVEMENTS PROGRAM County Manager John Link introduced Division Engineer John Watkins and District Engineer Mike Cowan. Mr. Watkins made the presentation. Watkins explained some o£ the changes in the Secondary Road program this year which were made possible because of the Highway Revenue Bill. A commitment was made in this legislation to.pave within 10 years all unpaved roads which have 50 cars or more traveling thereon per day. For the first time this year, the subdivisions were placed in a separate category. However, the money can be spent an either subdivision or rural roads. The formula far allocating money statewide was changed so that the money will now be allocated to where the unpaved roads with 50 cars or more a day are located. Orange County will get approximately 1.7 million dollars of this allocation. However, because the program is not yet finalized, the amount of money that Orange County will receive is still uncertain. A list of the proposed 1989-90 Secondary Roads scheduled for improvement is incorporated as a part of these minutes by reference and may be found in the permanent agenda file in the Clerk's office. The Board of Transportation did not specify the amount of money that would go to subdivision vs, rural roads. Watkins indicated that they are recommending that a majority of the money go for rural road. However, there is some flexibility in that plan and it could be changed. The legislation is also going to include a rule that once a road gets in the top 10 it must stay there. It can not be reprioritized. He also indicated that this program will take 13 1/2 years to complete. ~..r ~._' THE ~URI~IC HEARING WAS OPEN FOR PUBLIC COMMENTS IRIS CHAPMAN inquired about SR 1363 Doc Corbett Road. She stated her concern about "' the dust and the dangerous curves an that road. She expressed concern about access of emergency vehicles during bad weather. This road is #G9 on the priority list. GEORGE THOMPSON made reference to Doc Corbett Road and presented a petition and pictures to show the deterioration of the road. He asked that something be done to upgrade the road until it gets higher on the priority list. John Watkins indicated he will look at this road to see if anything can be done immediately. CHAIRMAN CAREY indicated that the Board of Commissioners is concerned about safety hazards. In addition to looking at the pictures, he will personally go out and take a look at the road in question. He mentioned that there are same contingency funds in the Department of Transportation budget to address safety problems. MR. JAMES BEASLEY asked when Willet Road would be paved. He was assured that although an exact. date could not be given, it would be completed within the next program year. MR. TONY RELL, a resident of Willet Road, asked that the County Commissioners and DOT look at the issue of the health hazards of the dust from the roads, burning from open fires, and automobile emission. MR. ROBERT BOWERS, a resident of Mill House Road, stated that he was pleased that this road was given a high priority. MR. RALPH TEAL thanked the State and the County for the work that has been done so far''"'. on Turkey Farm Road. He asked that they consider going ahead and paving the rest of it no~ that all right-of-way has been obtained. , MR. CLAUDE WILLIAMS, a resident of Willet Road, thanked Mr. Watkins and Mr. Cowan and the Department of Transportation for the rating that Willet Road received. He asked them if there was any problem with right-of-way acquisition on that road. He was advised that after the survey is done each property owner will be contacted and the right-of-way issue will be addressed. MR. ROBERT BRYANT thanked the Highway Commission for giving Turkey Farm Road the priority that it now has. He asked Mr. Watkins when Turkey Farm Road will be paved. Mr. Watkins indicated it would be paved in approximately 2 weeks. MR. PHILLIP GRIFFITH expressed his appreciation for the work that has been done on Turkey Farm Road. ~He indicated that he hopes it will be completed as soon as possible. MR. RAY GARCIA reiterated what had already been said about Turkey Farm Road. MR. JOHN HUGHES, Fire Chief of the Cedar Grave Fire District, informed DQT of two dangerous intersections. One intersection is Hawkins Road and Caviniss Jordon Road and the other is at Highway 86 and McDade Store Road/Hurdle Mill Road. His safety concerns and suggestions for improvements are detailed in a letter dated 7/23/89. That letter is made a permanent part of these minutes by reference. COMMISSIONER HALKIOTIS, speaking as Fire Commissioner, extended an invitation to Mr. Cowan to attend the next meeting of the fire chiefs on August 9th at 7:30 p.m., White Cros Fire Station and listen to their concerns. He indicated that they know the roads better -`~ than anyone else. MR. R. BAST stated that Turkey Farm Road now has a much better roadbed due to the; .. recent improvements. He asked that the job be finished before the progress is washed away by the elements. MR. A. MARCUS thanked the County Commissioners and DOT for the work they have done oxi Mill House Road. He stated that he hoped they would finish the paving as soon as possible. MS. JULIA STORM, a resident of Heartwood on Mill House Road, expressed appreciation for Mill House's place on the priority list. MR. ROBERT MAYES, representing the Emerson Waldorf School, requested that Mill House Road be paved. He indicated that there may be a problem with obtaining right-of-way on that portion of the road from Route 86 to the railroad tracks. He requested that the road be paved from the railroad tracks to Eubanks Road where right-of-way has been granted. The railroad tracks at that point can be considered a barrier, or end, to that portion of the road. CHAIRMAN CAREY asked about the policy on a situation such as this and Mr. Watkins indicated that they would pave the road if a significant portion of it could be included. MR. SPENCE DICKINSON, thanked the Commissioners and DOT for the priority that Mill House Road has been given. He also thanked Eugene Blackwood for all the work he has done on this project. MR. VIC KNIGHT commended the elected officials across the state for creating the opportunity for the funding of Miller Road as well as the other roads which will be paved. He asked if this could be expedited due to the proximity of Miller Road to the Junior High ~~~~ School and the High School. MR. WAYNE TILLEY thanked the Board of Cammissioners and DOT for giving Eno Cemetery Road a high priority on the list. THE PUBLIC HEARING WAS CLOSED. A motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis, to approve the secondary roads 1989-90 Road Improvement Program as presented by DQT. VOTE: UNANIMOUS 2. PD-1-89 MCLENNAN'S FARM PLANNED DEVELOPMENT CHAIRMAN CAREY stated that no decision will be made at this time. Public comment will be zeceived during this meeting and this item will be considered again on August l5, 1989, when the full Board of Commissioners is present. PLANNER MARY SCEARBO indicated that the purpose of this public hearing was to receive additional public comment on a proposed application far a Planned Development-Special Use Permit for McLennan's Farm. The plan for McLennan's Farm includes fourteen (14) lots to lie served by a community low pressure wastewater system for sewage disposal. The application went to public hearing on November 23, 1987 and again on January 4, 1988. Anew application was presented at the May 22, 1989 Public Hearing which was continued to June 28 to allow time for the Planning Staff and the County Engineer to meet with the applicant. The public hearing was continued to August 1 to receive the Planning Board recommendation and additional information on soil. The Planning Board recommended approval conditions. The complete presentation is incorporated herein by reference. report is in the permanent agenda file in the Clerk's office. with 36 A copy of said COMMISSIONER HALKIOTIS stated that in the 36 conditions, the county is mentioned repeatedly. He questioned if this means the expansion of county bureaucracy to meet the needs of these special kinds of systems. It appears that another substructure of . government to handle these types of systems may be necessary. COUNTY MANAGER JOHN LINK indicated that additional staff would be needed within the Environmental Health section of the Health Department. However, he stated that they have determined that the best approach to fund additional personnel would be through user fees and assessments on those who benefit directly from these systems. He assured the Commissioners that the County taxpayers would not be burdened with monitoring these alternative systems. He also stated that he wanted to separate this from the other issue of monitoring and repairing septic tanks. Some of that work may in fact be suitable to be financed by county tax revenue. The Health Board has not yet reported on exactly how the revenue would be generated. He stressed that alternative systems need to be funded by the homeowners and beneficiaries of that system. CHAIRMAN CAREY agreed that a mechanism needs to be set up to be sure these systems are self-supporting. JOHN LINK and the Health Department agreed with the recommendations of the water subcommittee of the joint Orange/Chatham work group as it pertains to alternative systems. The Health Board's recommendations go beyond alternative systems but also deal with the monitoring and operation of septic tanks. He indicated that the latter recommendations will be even more important because septic tanks fail daily. Citizens who wished to speak on the McLennan's Farm proposal were sworn in by Clerk Beverly Blythe. MS. VERLA INSKO, a citizen of Orange County and a consumer of water from University Lake, emphasized how fortunate it is to have clean water. She urged the Commissioners to take steps that would prevent degradation of the University Lake water supply. Early intervention is the least costly way to deal with the problem. She requested that the Board of Commissioners take. into consideration the deliberations of other committees. She asked that.all.their decisions have as a high priority .the preservation of the quality of the water in University Lake. MR. ALAN SPALT, of James Street in Carrboro and a member of Protect Our Water, asked that the Board of Commissioners reject this subdivision because it is not in accordance with the OWASA Watershed Study. The issue is that the area in question is about twice as dense as the recommended density far the preservation of water quality in University Lake. He stated that it would be very difficult for anyone to follow the 36 conditions as recommended by the Planning Board and even more difficult to enforce them. He mentioned some of the difficulties he saw in attempting to enforce these conditions. He stated that the real problem is that this development should not be permitted. He asked that the Board of Commissioners enact a moratorium, as OWASA and Carrboro did in the watershed until the recommendations of the Watershed Study are considered and adapted. MR. LEON TODD stated that this alternate waste system is different from other systems only because it has one extra tank with a pump. Another difference is that these systems are going to be monitored on a regular, routine schedule. No septic system in the county is being monitored except Piney Mountain. He stated that he believes the Health Department will eventually be monitoring these systems which will give assurance that these systems, will work. Also, any problems will be immediately corrected. He stated that the _ _. monitoring wells will be placed adjacent to their site at McLennan's Farm and will monitor the quality of the disposal so that it does not effect the watershed. The "loading rate" is only .l and the EPA standard is .25. The land has been inspected by the state DEM, the soil engineer for the County, the County Engineer, as well as numerous sanitarians. Each one of these people has passed it as being acceptable. The design has been approved by the County Engineer. A cash reserve and a land reserve are being set aside in the event anything happens. This system will be a model for other systems throughout the state. A well-known and well-respected utility will monitor the system once its approved. He stated that this system will protect the water, not contaminate it. They are in compliance with the four criteria that need to be met which are (1) soil (2) design (3) installation (4) monitoring. All of these criteria have been met. He mentioned other projects in the area which are located in the watershed and have low-pressure systems. He stressed that the main issue is that all the existing regulations have been met. He mentioned that Dr. A. R. Rubin, an authority in this field, will speak latex in the meeting. He is not going to endorse their system, but rather make comments on whether or not this is an experimental system. PHIL SZOSTAK agreed with Verla Insko. The County is lucky to have the University Lake Watershed which has a high quality of water. The development regulations now in place have come from many years of public discussion. The Camp Dresser McKee study has not yet been accepted by the Board or made public. It should not be used to judge a project. The development regulations for the watershed are only two (2) years old. The developments must be judged by these regulations. He stated that approving this project, that meets the - development regulations of this county and has gone through the due process, is the only approach. '~- MR. DAN JEWELL, a resident of Oranges County and user of University Lake water, stated he believes this is a goad project and should be approved. He noted he is the landscape architect on record for this subdivision. He took the job because he felt that he would protect the public health, safety and welfare. He also indicated that he believes that this wastewater system is not experimental. He mentioned that it appears that the density issue is becoming a more important issue in peoples' minds than the wastewwater system. The minimum lot size of 5 acres is the way to go. McLennan's Farm meets or exceeds all of the requirements of the County Zoning Ordinance and Subdivision Ordinance. He indicated that the subject of density is a moot point because the 5 acre density is not an issue. He asked that the rules not be changed after they have met all the existing requirements. DR. A. R. RUBIN, an Associate Professor in the Agricultural Engineering Department at North Carolina State University, stated that they began working with alternative wastewater treatment plans inn 1975 with the Triangle J Council of Governments project which was funded by EPA. A number of alternative wastewater treatment systems were examined. The low- pressure pipe system which is used extensively in this area was evaluated and tested. All of the data collected indicated that the systems work quite well. He pointed out that he was only talking about the wastewater treatment quality. The experimental designation for alternative systems is incorrect. MS. MARTY MANDELL, a resident of Carrboro, was sworn in. She stated that she believes that this needs to be solved on a regional level. She asked that the idea of a moratorium be taken seriously. UNIDENTIFIED PROPONENT OF MCLENNEN'S FARM offered to pet a statement from DEM regarding whether or not they have a moratorium on W5-I. He will supply that to the Board of Commissioners. 'Y MR. ALLEN SPALT stated that he believes the Environmental.Management Commission has adopted a moratorium on granting of permits for alternative systems in WS-1 watersheds until their Water Quality Committee comes up with a definition of "urbanization" in WS-1 watersheds. THE PUBLIC HEARING WAS CONTINUED TO AUGUST 15, 1989 FOR THE PURPOSE OF HEARING THE AAMINISTRATIONS REGOMMENDATION. D. RESOLUTIONS OR PROCLAMATIONS - none E. REPORTS - none F, xTEMS FOR DECISION--CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Halkiatis to approve the items on the Consent Agenda as stated below: 1. 1988-89 ANNUAL TAX SETTLEMENT (A copy of the Report is attached to these minutes on pages 14 thru 19. To receive the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the amount collected for 1988 and prior, and make this report a part of these minutes by reference. 2. ADOPTION OF BOND FUNDED PROJECT ORDINANCES (Copies permanent agenda file in the Clerk's Office). To adopt the following Capital Project Ordinances County Projects Animal Shelter Project Southern Human Sexvices Complex Project ChaQel Hill-Carrboro City Schools Projects Carrboro Elementary School Project Chapel Hill High School project Culbreth Junior high School Project Phillips Junior High School Project Seawall Elementary School Project Or~nee County Schools Fro'ects Cameron Park Elementary School Project Central Elementary School Project Orange Elementary School Project Orange ~iigh School Project County Projects amendments) Public Works Facility Capital Project Tax and Records Building Capital Project of the Ordinances are in the and amendments: $ 300,000 700;000 $ 1,080,000 430,000 435,000 840,000 1,790,000 975,000 250,000 4,50Q,000 200,000 242,000 447,000 3. APPOINTMENT OF TAX ASSESSOR AND TAX COLLECTOR To reappoint Kermit Lloyd as the Tax Assessor and John T. Horner as the Tax Collector for the period of July 1, 1989 to June 30, 1991. 4. TAX REFUNDS REQUEST To approve the following request for refund of tax bills: Smith, Wayne Melvin Acct. # 99267 $ 74.42 F-~ ' - :: World Omni Leasing Acct. # 11161 240.14 Barker, Charles & Rebecca Acct. # 103021 134.53 Anderson, Henry III Acct. # 86510 427.38 5 PETITION FOR ADDITION OF HICKORY DRIVE IN GARLAND ACRES SUBDIVISION TO THE STATE MAINTAINED SECONDARY ROAD SYSTEM To approve the petition from NCDOT for the addition of Hickory Drive and Tupelo Drive in Garland Acres Subdivision to the State-maintained Secondary Road System. '. 6. PETITION FOR ADDITION OF DEERVIEW TRAIL IN SAN-REBA WOODS SUBDIVISION TO THE STATE MAINTAINED SECONDARY ROAD SYSTEM To approve the petition from NCDOT far the addition of Deerview Trail in San-Reba Woods Subdivision to the State-maintained Secondary Road System. VOTE: UNANIMOUS G. ITEMS FOR DECISION-REGULAR AGENDA 1. AGREEMENT FOR PROFESSIONAL SERVICES--NEW HOPE-ENO RIVER OPEN SPACE CORRIDOR MASTER PLAN The presentation was made by Marvin Collins. The agreement for professional services for the preparation of a master plan for an open space corridor connecting New Hope Greek and the Eno River was explained. At its June 5, 1989 meeting, the Board of Commissioners approved a proposal by Coulter Associates to prepare a master plan for the New Hope-Eno River Open Space Corridor. The agreement with Goulter Associates addresses the following points: 1. Scope of Work; 2. Responsibility of the Consultant; 3. Responsibilities of the Local Governments; 4. Time Schedule; and 5. Project Budget and Accounting Procedure. Also, a New Hope-Eno River Open Space Advisory Committee will be appointed to provide _..,.., for citizen involvement in preparation of the master plan. In answer to a question from Commissioner Marshall, Collins stated that the Advisory Committee would be composed of citizens, a member of the Recreation and Parks Advisory Council, the Planning Board and a Landowner. A motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall, to authorize the Manager to execute the agreement for professional services and forward the County's share of the project cost to Durham City or Durham County following final review and approval o£ the agreement by the County Attorney. - VOTE: UNANIMOUS - 2. ADVERTISEMENT--AUGUST 28, 1989 PUBLIC HEARING The presentation was made by Marvin Collins. In summary, this item was presented fox consideration of approval by the Board of Commissioners. The legal notice listed items far discussion for the quarterly public hearing scheduled for August 28, 1989. Item 2.d. 2-10- 89 Cazwell Development, Inc, should be deleted. In answer to a question from Commissioner Marshall about Envirotek, Collins stated that the Joint Planning Agreement provides for Land Use Amendment items which are within the Rural Buffer to be considered at the County's regular hearing. The towns of Chapel Hill and Carrboro do have the opportunity for courtesy review. A motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis, to authorize approval of the notice to advertise the JPH Meeting on August 16, and August 23, 1989. VOTE: UNANIMOUS .. ~ ~~ 3 HOMEWOOD SUBDIVISION--PRELIMINARY PLAN The presentation was made by Emily Crudup. The preliminary plan for Homewood is a cluster subdivision. The property is located on the north side of Whitfield Road (SR 1731) one half mile west of Erurin Road (SR 1734) in Chapel Hill Township. Six (6) lots are , proposed that average 1.47 acres in size. The remaining 5.09 acres are designated as open space. On July l7, the Planning Board recommended approval of the Planning Staff's variation on the submitted preliminary plan with a public road built to State standards and the conditions listed in, the Subdivision Approval Permit. Chairman Carey asked several questions pertaining to the map which Crudup answered. A motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall, to approve the variation on the preliminary plan for Homewood Subdivision in accordance with the resolution as stated on pages 20 thru 23 of these minutes. VOTE: UNANIMOUS 4. FALLING CEDARS--PRELIMINARY PLAN The presentation was made by Emily Crudup. The property is located in Bingham Township on the west side of Dodsons Crossroads (SR 1102) 1.5 miles north of NC Highway 54. It is zoned Residential-1 and designated Rural Residential in the Land Use Element of the Comprehensive Plan. The total acreage of the tract is 21.76 acres. Eight (8) lots are proposed which average 2.47 acres in size. These lots will be served by individual wells and septic tanks. . ~..._,~ ;, A motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis, to approve the preliminary plan for Falling Cedars Subdivision with a Class B, private road and the following conditions: ; 1. Submit restrictive covenants and a road maintenance agreement to the County Attorney for approval. Include in the restrictive covenants protection of existing vegetation, prohibitions of further subdivision, 100' and 75' setbacks, and the larger stream buffer. 2. Provide payment in lieu of dedication of recreation/open space in the amount of $630. 3. Dedicate 10' x 70' sight triangles on Dodson's Crossroads. 4. Submit easement agreements for the septic drain field areas for lots 1 and 7 to be approved by the County Attorney. 5. Obtain approval of the required erosion control plan prior to final plat approval, shifting the road as necessary. 6. Indicate on the final plat the 150' stream buffer provided in the private road justification. VOTE: UNANIMOUS 5. HICKORY GROVE--PRELIMINARY PLAN The presentation was made by Mary Scearbo. The property is located on the northwest corner o£ Bethel-Hickory Grove Church Road and Jo Mac Road in Chapel Hill Township. It is zoned Rural Buffer and Protected Watershed II and designated as Rural Residential in the _ - ~_ Joint Planning Area Land Use Plan. Seven lots are proposed which average 2.34 acres in" size. Each lot will be served by individual wells and septic tanks. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis~to~.,: approve the Preliminary Plan for Hickory Grove with a Class B Private Road and in accordance with the conditions as stated in the resolution on pages 24 thru 26 of these minutes. VOTE; UNANIMOUS 6 FOUR BIRCHES = PRELIMINARY PLAN The presentation was made by Planner Mary Scearba. The property is located at the north east intersection of Hopkins Road and Bill Poole Road in Little River Township. The property is not zoned and the Land Use Plan designation is Agricultural Residential. Sixteen lots are proposed out of 45.85 acres with thirteen being served by two private roads. Each lot will be served by individual wells and septic tanks, Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to approve the preliminary plan for Four Birches with private roads build to Class B Standards and in accordance with the resolution as stated on pages 27 thru 29 of these minutes. VOTE: UNANIMOUS 7. SECTION TWO - THE WILSON PLACE PRELIMINARY PLAN The presentation was made by Mary Scearbo. This item is presented for consideration of approval by the Board. The property is located on the south side of Little River Church Raad between Walnut Grove Church Road and Hawkins Road East. The property is not zoned and is designated Agricultural Residential in the Land use Plan. It is also located in the Little River watershed area. Twenty three lots are proposed out of 24.06 acres. Each will be served by individual wells and septic tanks. A public road constructed to State standards is proposed to serve the subdivision. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the preliminary plan for Section Two of The Wilson Place with a public road built ,; to state standards and the conditions as listed in 'the resolution as stated on pages '°~ 30 thru 32 of .these minutes. ' VOTE: UNANIMOUS. 8. REGINALD DEBERRY & CAROLIN B. DEBERRY = PRELIMINARY PLAN POSTPONED 9. HILARY CORNER PRELIMINARY PLAN The presentation was made by Emily Crudup. This item was presented for consideration of approval by the Board. The property is located in Chapel Hill Township. an the west corner of Old Greensboro Highway and Bowden Road. It is designated as Agricultural in the Land use Element of the Joint Planning Area Land Use Plan. The zoning is Rural Buffer and Protected Watershed II. Five residential lots are proposed out of 38.8 acres. The lots will be served by individual wells and septic tanks. Motion was'made by Chairman Carey, seconded by Commissioner Marshall to approve the preliminary plan for Hilary Corner with a Class B private road and the following conditions: (l) Dedicate 10' x 70' sight triangles at the intersection of Amy Lane and Bowden Road. (2) Provide a 20' drainage easement on the eastern portion of Lot 5 from the right- of-way for Amy Lane extending south along the swale to the southern boundary line. (3) Revise the 20' drainage easement shown between Lots 4 and 5 to be 30' in width and to follow the existing drainage channel. (4) Submit an erosion control plan for approval. prior to any disturbance of the site. .. -, - 4;, l :• (5) On the final plat, indicate the acreage of each lot, including and excluding the road right-of-way. ,.:.,~ (6) Submit Restrictive Covenants and a private Road Maintenance Agreement for_ review and approval by the County Attorney. (7) Submit a revised landscape plan for approval prior to installation of required landscaping. (8) Submit paying in lieu of dedication of recreation/open space in the amount~of $416. (9) Restrictive Covenants shall include a prohibition on further subdivision of the five lots, VOTE: UNANIMOUS. 10. LA MESA SUBDIVISION PRELIMINARY PLAN This item was presented for consideration of approval by the Board, The property is located in the northeast corner of the County on the south side of Bacon Road in Little River Township. Fifty-six lots are proposed out of 86.09 acres, The Land Use Plan designation is Agricultural. The lots will be served by new public roads and by individual wells and septic tanks. It was the consensus of the Board that the payment in lieu of parkland dedication not be required for this subdivision and that the dedication of the right-of-way be accepted without maintenance responsibility. Motion was made by.Commissioner Halkiotis, seconded by Commissioner Carey to approve the preliminary plan for La Mesa Subdivision with the nine conditions as listed below: (1) Dedicate 10' x 70' sight triangles at road intersections. (2) Indicate treatment of the existing "pond" on lot 51 on the grading/erosion control plan, _, (3) Provide a fifty-foot (25 feet each side) drainage easement along the intermittent stream extending southeast from LaMesa Lane to the property boundary. When the lot lines and stream are surveyed, the width of the easement may be reduced, if approved by Erosion Control. (4) Combine lots and/or find additional sites for septic tank disposal to address Health Department comments. (5) Provide a 50' public right-of-way stub-out to the western property line in the vicinity of lot 12 aligned with Cortez Court. (6) All public road right-of-way shall be irrevocably dedicated to public use and labeled on the final plat as "irrevocable offer of dedication to the public." (7) Submit a revised landscape plan showing a more accurate location of the canopy line, specifically at the rear of lots 52 through 54, and indicate proposed plantings to meet the requirements of Section IV-B-$. (8) The developer shall make improvements to Bacon Road (SR 1531) required by NC Department of Transportation along the entire frontage of the subdivision. (9) The developer and DOT together shall re-evaluate the current condition of Bacon Road from the subdivision out to NC Highway 57 to include cautionary signs for curve and speed conditions. VOTE: UNANIMOUS Attorney Geoffrey Gledhill suggested that the requirements from DOT be in writing and by reference made apart of the record. 11, THOMAS ~ WHISNANT AND R. GARY PHILLIPS = REZONING The property is located on the north side of NC 54 at and west of the intersection of NG 54 and White Cross Road. The total tract contains 9,49 acres and fronts on NC 54 foi a length of 462 feet. The area proposed for rezoning includes 2.65 acres of the 9.49 acre t t Tli h rac ree zone c anges are proposed within the 2,b5 acre area:. r t~~ ~; -% ~~ (1) One acre, located at the southwest corner of the tract, fronting on Hwy. 54, proposed to be rezoned from Rural Residential (R-1) to Neighborhood Commercial.. (NC-2). (2) .65 acres on the southeast corner of the tract, fronting NC54, and directly across from White Cross Road, proposed to be rezoned from R-1 to LC-1; and. (3) One acre, also fronting on NC54, located between the two areas described above proposed to be rezoned from Neighborhood Commercial (NC-2) to Local Commercial (LC-1). Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the rezoning as stated above. VOTE: UNANIMOUS. 12. LUP-9-89 LAND USE ELEMENT AMENDMENT Z-5-89 ZONING ATLAS AMENDMENT (Designation of PW-II Watershed Overlay - Upper Eno Watershed) This item is to consider an amendment to the Zoning Atlas to add a portion of the southeast corner of the Upper Eno Watershed to the PW-II Protected Watershed Overlay District and delineate the complete boundary of the Upper Eno watershed on the Land use Element. Approximately 238 parcels are affected by the proposed changes. A map showing these parcels is in the permanent agenda file in the Clerk's Office. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve this amendment to the Land Use Element and Zoning Atlas as. stated above. VOTE: UNANIMOUS. 13. LUP-8-$9 ._ TEXT AMENDMENTS TO LAND USE ELEMENT The Land Use Element of the Comprehensive Plan was adopted by the Orange County ~'i Board of Commissioners an September 2, 1981. Since that time, a number of amendments have ', been approved to both the Land Use P~.an Maps and to the text of the individual Township ,:.:,.j Components of the Land Use Elements. A number of sections in the document dealing with the County as a whole have not been updated during the past eight years. This amendment would update the following sections: SECTION 2.0._ COUNTY-WIDE PROFILE - This section contains subsections dealing with issues such as natural environment, water resources, and population projections that have changed considerably since the 1981 writing. SECTION 3.0-3.5. LAND USE PLAN - Only those sections that. are in need of revision due to changed conditions are dealt with. Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve the proposed amendment as stated above. VOTE: UNANIMOUS. 14. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS (Article 12-Landscaping and Screening Requirements) (Article 7.20.4) - Landscaping and Screening, Mobile Home Parks) - Article 12 establishes landscaping and screening requirements that apply during site plan review. Site plans are required far Special Use Permits, including planned developments, for churches, and for building permits on non-residential Iots. The proposed amendments to Article 12 will make the landscape and buffer requirements in each ordinance essentially the same. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the Zoning Ordinance Text Amendments to Article 12 Landscaping and Screening requirements as recommended by the Planning Board and the Administration. VOTE: UNANIMOUS. 15. SUBDIVISION REGULATION TEXT AMENDMENT (Section III -B Classification of Subdivisions Section IV ~ B - 10 Cluster Subdivision) The proposed amendment to Section III-B of the Subdivision Regulations pertains to ~,~} the definition of "Minor Subdivision". Under current procedures, a one-lot major subdivision requires the same type of review as a plan proposing fifty lots, including approval of both a Concept Plan and Preliminary Plat prior to Final Plat - -. approval. The proposed amendment would establish a twenty-four (24) month time period during which a maximum of four (4) new lots may be created from an existing - lot. The Administration recommends approval of the portion of the proposed amendments pertaining to Cluster Subdivisions. l:t is recommended that the amendments affecting the definition of minor subdivisions be postponed in order to prepare an amendment to require review of prior subdivision approvals. Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the Administration's recommendation. VOTE: UNANIMOUS H. APPOINTMENTS The following appointment were approved by the Board: ARTS COMMISSION - Appointment of Thomas E. Link HUMAN RELATIONS COMMISSION - Appointment of Shu-Mei Huang .NURSING HOME COMMUNITY ADVI50RY COMMITTEE Appointment of Dr. William Gronemeyer and Mrs. Lucia Anderson CHAPEL HILL PLANNING BOARD - Appointment of Ms. Marianna Chambliss RECREATION AND PARKS ADVISORY COUNCIL - APPOINTMENT OF Marie Tate I. ADJOURNMENT With no further items to be considered, Chairman Moses Carey adjourned the meeting. The next regular meeting will be held on August 15, 1989 at 7:30 p.m. in the Courtroom of the old post office, Chapel. Hill, North Carolina. Moses Carey, Jr., Ghairman Beverly A. Blythe, Clerk