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HomeMy WebLinkAboutMinutes - 1994022872 5 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING FEBRUARY 28, 1994 The Orange County Board of Commissioners and the Orange County Planning Board met on February 28, 1994 at 7:30 p.m. in the New County Courthouse, Superior Courtroom, Hillsborough, North Carolina. BOARD OF COMMISSIONERS PRESENT: Vice Chair Stephen H. Halkiotis, and commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. BOARD OF COMMISSIONERS ABSENT: Chair Moses Carey, Jr. PLANNING BOARD MEMBERS PRESENT: Paul Hoecke, Elizabeth Walters, Joan Jobsis, Kent Scott, Jean Hamilton, Clint Burklin, Karen Barrows, Betty Eidenier, Larry Reid, and Carol Cantrell. PLANNING BOARD MEMBERS ABSENT: Virginia Boland, and William Waddell COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Planing Director Marvin Collins, Planner Mary Willis, and Deputy Clerk Kathy `"?taker. A. OPENING REMARKS FROM THE CHAIRMAN Vice-Chair Halkiotis called the meeting to order and welcomed the Planning Board members and citizens in attendance. He indicated that Joan Jobsis, Vice-Chair of the Planning Board would Chair the remainder of this Public Hearing. B. PUBLIC CHARGE Vice Chair Halkiotis dispensed with the reading of the Public Charge. C. PUBLIC HEARING ITEMS 1. Zoning Ordinance Text Amendments a. Article 6.2347 Watershed Protection overlay. Districts (stream Buffer Requirements) This item was presented by Mary Willis for the purpose of receiving citizen comment on a .proposed amendment to the Zoning Ordinance to allow for a reduction in the 150' building setback and 300' septic system setback adjacent to reservoirs and/or streams for lots created prior to January 1, 1994. THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS AND/OR PLANNING BOARD Commissioner Gordon requested information regarding the average size of the lots and the time frame in which they were created. Also she inquired about the outcome if these situations were heard by the Board of 726 Adjustment. Ms. Willis indicated that the lots were all at least one ac,,- and that the majority had been approved prior to the adoption of subdivisic.._,.` regulations. They were not subdivided using the current system. The Board of Adjustment could find the lot unusable. If that was the finding a variance would be sought. If the variance was granted it would indicate that the setback for the septic field was varied to accommodate the dimensions of the lot. Staff is requesting that the procedure be changed because of the number of lots involved. Each lot would be reviewed on a case by case basis and would be varied only to the degree necessary. There are four findings which must be met for a variance to be granted. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT Steve Yuhasz, an Orange County land surveyor, spoke in support of this proposed ordinance amendment. He indicated that this amendment is needed to allow these non-conforming lots to be built upon without unnecessary delays. The passage of this amendment would help the staff, the Board of Adjustment and owners of the lots and would not cause degradation to the water quality. Callie Warner spoke against this proposed amendment. She indicated that the possibility of failing septic systems is an ongoing problem. She asked that the Board of Commissioners not locate these systems in water sensitive areas. Ann Tarton, a Lake Orange property owner, spoke in support c . the proposed amendment. She purchased land on Lake orange in 1991. At that time an approved house site with two approved septic systems was shown on this property. The new setbacks allow them to meet the.300 foot setback for the septic tank with less than 6% permeable surface limit. The stream buffer can be met. This amendment would allow for a much more efficient system for granting variances. Everett Billingsley, Executive Director of OWASA, commented that he understood this proposal would apply to Cane Creek as well as Lake Orange. He asked that this be changed so that it applies only to Lake Orange. University Lake and Cane Creek need more restrictive measures. He feels that if landowners on University Lake or Cane Creek need a variance it would be best for them to request those variances on a case by case basis before the Board'of Adjustment. Mary Willis indicated that the staff would look at the implications of having this proposed amendment apply only to Lake Orange. b. Article 6.23.8 Watershed Protection Overlay Districts (water supply and Sewage Disposal Facilities) This item was presented by Mary Willis for the purpose of receiving citizen comment on a proposed amendment to the zoning ordinance tn allow the use of septic easements as needed in all protected watershec except the University Lake Watershed. "7 2'7 THE PUBLIC HEARING WAS OPEN FOR COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR THE PLANNING BOARD Commissioner Willhoit asked what the results would be if the septic easement was not allowed and if there are circumstances that would result in a less desirable outcome for water quality if citizens went directly to the Board of Adjustment rather than using the septic easement' as an alternative. Ms. Willis indicated that in some cases it would be possible that an existing lot could meet current requirements if it could obtain an easement from another lot. However, setback problems are less likely to happen in the future because those requirements will be taken into account when the lot is created. Commissioner Willhoit commented that allowing septic easements as a means of meeting the setback for the septic systems for existing lots might be a workable solution. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS Everett Billingsley stated that cluster development is designed to leave a substantial part of the watershed undisturbed. One of the underlying premises was that a system failure on an individual lot located in a remote area is less likely to be found immediately and corrected. However, with a cluster development a fail)µre would be a common concern. The OWASA Board believes that remote fields"eshould be allowed only ..where there is an existing situation. Ms. Willis was asked to determine if two lots could be considered a cluster subdivision. Kent Scott commented that all pump systems are required by law to be inspected and that he believes most off site systems are pump systems. Dolly Hunter, an orange county land developer, spoke in favor of this amendment. Locating septic systems on easements is often a better choice than using the lot itself because the soil on the easements is likely to be of higher quality than the soil on the lot. Also, if the easements are allowed the homes could be placed farther back from the road with the septic system placed nearer to the road. This would encourage clustering. She felt that this amendment would encourage flexibility for the developer and not decrease land values. Steve Yuhasz spoke in favor of allowing septic easements. If the system is remote and fails the owner of the land is sure to take action to get it corrected immediately. He also indicated that there may be only one or two lots which require off site easements. The Health Department is in close contact during the installation of these systems and must approve each one. Geof Gledhill indicated that if the maintenance contractor does not repair an offsite system which is failing, the property owners may take the contractor to court to repair the system. 728 Commissioner Insko suggested exploring the possibility of the Health Department inspecting these systems. Commissioner Willhoit commented that the Health Department .=. quoted in the packet as indicating that "prohibition of individual offsite easements would not enhance water quality." He requested data regarding Cane Creek and University Lake in regard to the distribution of lot sizes. Everett Billingsley noted that the statement "prohibition of individual offsite easements would not enhance water quality" is without documentation. He indicated that the average septic field fails as a result of normal household use. Danny Williams, an Orange County property owner, spoke in support of this amendment. He indicated that much of his land will be unusable for his children without this amendment. c. Article 22 Definitions (Lot, Creation of) This item was presented by Mary Willis for the purpose of receiving citizen comments on a proposed amendment to the Zoning ordinance to clearly define the point at which a subdivision lot is "created" for the purpose of determining whether or not the lot is subject to amendments which may be made to the Zoning Ordinance or Subdivision Regulations. THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS. d. Article 6.24 Water Supply and sewage Disposal and Article 8.8.27 Alternative Wastewater Treatment Systems This item was presented by Mary Willis for the purpose of receiving citizen comments on a proposed amendment to the orange county Zoning Ordinance to incorporate applicable provisions of the Orange County Water and Sewer Policy into the Orange County Zoning Ordinance. THE PUBLIC HEARING WAS OPEN FOR QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD. Ms. Willis indicated that most of the lots are approximately one. acre and were created prior to the adoption of subdivision regulations. Plats were recorded within three months of when the subdivision regulations went into effect. The Board of Adjustment could find the lot unusable by denying the request for installation of the septic system. If the lot cannot be developed, the variance could then be granted so that the lot could be used. Geof Gledhill indicated that the Board of County Commissioners has refused to approve community systems in the past. The prohibition could be expanded through the Zoning Ordinance. It was suggested that the Environmental Health staff b. involved in this discussion. A clear definition of Public Health Emergency needs to be articulated. 729 THERE WERE NO QUESTIONS OR COMMENTS FROM CITIZENS. A motion was made by Commissioner Willhoit, seconded by commissioner Insko, to refer the Zoning ordinance Text Amendments to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner than April 4, 1994. VOTE: UNANIMOUS ADJOURNMENT There being no further items for consideration, the meeting was adjourned. The next regular meeting of the Board of County Commissioners will be held on Tuesday, March 1, 1994 at the Orange Grove Community Center, Hillsborough, NC Moses Carey, Jr., Chair Beverly Blythe, Clerk