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HomeMy WebLinkAboutMinutes - 19960226APPROVED MARCH 19. 1996 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING FEBRUARY 26, 1996 The Orange County Board of Commissioners and the Orange County Planning Board met on Monday, February 26, 1996 at 7:30 p.m. in the Superior Court room, new County Courthouse, Margaret Lane, Hillsborough, North Carolina for the purpose of holding a Quarterly Public Hearing. COUNTY COMMISSIONERS PRESENT: Vice-Chair Stephen Halkiotis, and Commissioners Alice M. Gordon, Bill Crowther and Don Willhoit. COUNTY COMMISSIONERS ABSENT: Chair Moses Carey, Jr. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill PLANNING BOARD MEMBERS PRESENT: Chair Joan Jobsis, and members Arnie Katz, Cheryl Howie, Margaret Brown, Renee Price, Leo Allison, Paul Hoecke, Larry Reid, Karen Barrows, Cheri Rosemond and Elizabeth Walters. PLANNING BOARD MEMBERS ABSENT: William Waddell STAFF PRESENT: John Link, Jr., County Manager, and Kathy Baker, Deputy Clerk to the Board. Other staff will be identified as appropriate in the body of the minutes. A. OPENING REMARKS FROM THE CHAIR Vice-Chair Halkiotis convened the meeting and introduced Planning Board Chair Joan Jobsis. He indicated that he would Chair Item C.1 (aft) as well as each of the Motions. Planning Board Chair Jobsis will chair all other items. B. PUBLIC CHARGE Vice-Chair Halkiotis read the public charge. C. PUBLIC HEARING ITEMS 1. Education Facilities Impact Fee Ordinance (a) Section 3-C Limitation on Expenditure of Funds (b) Section Credits These items were presented by Planning Director Marvin Collins for the purpose of receiving citizen comment on proposed amendments to the Education Facilities Impact Fee Ordinance. The proposed amendments are intended to clarify the intent that governs situations where existing buildings are converted to new public school space and where a landowner donates land for a public school site. Specifically, Section 5-C, Limitation on Expenditure of Funds, is proposed for amendment to clarify that public school impact fees may be used to convert existing buildings into new public school space. Section 6, Credits, is also proposed for amendment to clarify that dedication of a public school site may qualify the landowner, not the developer, for a credit against payment of public school impact fees. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD Margaret Brown asked for clarification regarding the implications of changes in who qualifies for the credit. She also asked if these amendments were in response to the Southern Village concept plan. Marvin Collins stated that the landowner should receive the credit for the impact fees if the dedication is made and the developer may not own the property at the time of that dedication. This change would encourage the developer to purchase the land and would assure that the proper party received credit. Geoff Gledhill stated that assigning the credit to the property owner was not in response to Southern Village, however, the change from developer "shall", to landowner "may" was in response to that project. He indicated that the new language makes it clear that property could be donated and the impact fee could still be paid. QUESTIONS AND COMMENTS FROM CITIZENS William Harrison, Superintendent of the Orange County School System, asked the Board of Commissioners to adopt both of these amendments so that the retrofitting for the Hillsborough Elementary School (formerly the A.L. Stanback Middle School) could begin immediately. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to close this portion of the Public Hearing. VOTE: UNANIMOUS A motion was made by Vice-Chair Halkiotis, seconded by Commissioner Crowther, to approve the proposed amendments. VOTE: UNANIMOUS Joan Jobsis, Chair of the Planning Board presided over the following items. 2. COMPREHENSIVE PLAN AMENDMENTS (a) CP-1-96 Historic Preservation Elements This item was presented by Planner Don Belk for the purpose of receiving citizen comment on the proposed Historic Preservation Element of the Comprehensive Plan. In May 2 1994, the County was awarded a Survey and Planning Grant from the NC Department of Cultural Resources for preparation of a Preservation Element of the Comprehensive Plan. In October, 1994 The Jaeger Company (TJC) of Gainesville, Georgia was hired to help produce this plan. During the initial phase of the Plan development, the consultants collected relevant data on the history and prehistory of Orange County and examined the inventories of historic architectural and archeological sites. They also assessed the threats and opportunities affecting the county's cultural resources. In March, 1995, TJC staff met with the Planning Department staff and members of citizen advisory groups, boards, and commissions to obtain input on the status of historic preservation in Orange County. Three public meetings hosted by the Historic Preservation Commission were conducted in early May to discuss the attitudes and concerns of citizens related to historic preservation. Based on the issues that emerged during these exchanges, the Goals and Objectives were proposed. If the Historic Preservation Element is adopted, it becomes a part of the Comprehensive Plan. It would then be used to guide historic preservation efforts in the future and to provide an overall program of work for the Historic Preservation Commission and Planning Staff. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD Renee Price asked what efforts had been made to include the African-American community's history in this proposal. Don Belk replied that the plan includes identification of local African-American cemeteries which will be entered into the Geographic Information System. African-American archeological sites are registered but not displayed because of concerns of vandalism. He indicated that one information gathering tool used by the Planning Department was the compilation of a list of organizations to be contacted for suggestions of sites to include. QUESTIONS AND OR COMMENTS FROM CITIZENS Todd Dickinson, Chair of the Historic Preservation Commission, thanked Don Belk for the excellent job he did in compiling this document. In response to the question regarding minority representation he indicated that this document includes only the unincorporated areas of the county. Many of the sites representing minority populations are within the jurisdiction of the municipalities. One example of that is the Hyconeechee area which is located within Hillsborough's jurisdiction. The Historic Preservation Commission intends to build an educational program that is focused on involving the community in this ongoing project. They are committed to identifying and saving intact smaller structures. Melinda Coleman, Preservation Planner with the Division of Archives & History, spoke in support of this plan for which funds were awarded in 1994. The primary goal of the Division of Archives & History's Preservation Program is to make historic preservation a part of local planning by weaving it into the fabric of governmental decisions. This money was granted to 3 Orange County because it was clear that good structures were available for protection and that this plan had potential to be a model for other communities. In particular, the Division of Archives and History was pleased that citizen participation was such a high priority in this project. A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to refer the Historic Preservation Element to the Historic Preservation Commission and the Planning Board for recommendations to be returned to the Board of Commissioners no sooner than April 1, 1996. VOTE: UNANIMOUS 3. Zoning Atlas Amendments (a) Z-1-96 Schley Community Store and Flea Market This item was presented by Planner Jim Hinkley to receive citizen comment on a request to rezone property owned by Bobby and Lydia Crawford. The property proposed to be rezoned is a .82-acre lot owned by Bobby M. And Lydia E. Crawford at 3301 NC 57 (Tax Map No. 2.47..9). It is located on the West side of NC 57 approximately 1,000 feet north of Walker Road. The lot is currently zoned AR Agricultural-Residential. The proposed zoning is EC-5 Existing Commercial. The existing use is known as Schley Community Store and Flea Market, and consists of a 36'X 32' store and 26'X 60' enclosed shed. The premises have been used commercially since the mid-1950's. The Crawfords have used the property for a commercial use since 1982. The property is located in an area designated by the Comprehensive Plan as Agricultural-Residential. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD OR CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to refer the proposed Zoning Atlas amendment to the Planning Board for a recommendation to be returned no sooner than April 1, 1996. VOTE: UNANIMOUS 4. Zoning Ordinance Text Amendments (a) Article 6.3.11 Watershed Protection Overlay Districts (b) Article 8 Special Uses These items were presented by Planner Mary Willis. Item (a) was presented for the purpose of receiving citizen comment on a proposed amendment which would authorize the Board of Adjustment to grant variances to allow the use of septic easements in watersupply watersheds. Item (b) was presented to receive citizen comment on proposed amendments to Special Use provisions related to expiration, validity, and approval actions for Special Use Permits. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS 4 Commissioner Gordon asked if it was necessary to have both a septic area and a repair area if an easement existed. Geoff Gledhill indicated that whether a septic area and repair area were required depended on when the septic system was installed. That decision is the responsibility of the Health Department. Mary Willis noted that this amendment did not change the currently established landowners requirement to meet the five findings necessary for variance approval. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD AND OR CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer both of these amendments to the Planning Board for recommendations to be returned no sooner than April 1, 1996. VOTE: UNANIMOUS (c) Article 23. Violations, Penalties, and Remedies, 23.2 Penalties, a) Criminal Action This item was presented by Planner Jim Hinkley for the purpose of receiving citizen comment on a Zoning Text Amendment. The Orange County Zoning Ordinance provides for action which may be taken by the County to abate zoning violations or non-compliance with zoning requirements. Taking criminal action in the courts is not often used, but when it is, it is important that this remedy be effective. Although not specifically stated in Section 23.2, the maximum fine is fifty dollars ($50.00). The maximum $50.00-fine upon conviction limits the effectiveness of the criminal action remedy. The proposed amendment would enable Orange County to increase the maximum fine to $500.00, as authorized by N.C. General Statutes 14-4. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD AND CITIZENS None. A motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit, to refer the proposed Zoning Ordinance Text amendment to the Planning Board for a recommendation to be returned no sooner than April 1, 1996. VOTE: UNANIMOUS 5. Subdivision Regulations Text Amendments (a) Section IV-113-7-b Recreation Sites (dedication/payment-in-lieu provisions). This item was presented by Planning Director Marvin Collins for the purpose of receiving citizen comment on proposed amendments to the dedication/payment-in-lieu 5 provisions of the Orange County Subdivision Regulations. On June 26, 1995 the Board of Commissioners directed staff to study the dedication/payment-in-lieu provision of the Subdivision Regulations and prepare amendments, if needed, for public hearing. This report identifies the statutory basis for enacting such provisions, the origins of the current standards, concerns about the application of the standards, and changes through which to address those concerns. The specific proposal is to amend Section IV-B-7-b, Recreation Sites, of the Subdivision Regulations to substitute a payment-in-lieu based on the cost of land and facilities associated with implementing a system of community and district parks. Currently, the payment-in-lieu includes only the value of land, and is based on the assessed value listed in the Orange County Tax Office. The average payment-in-lieu per household is presently $76.00. Under the proposed system, the payment-in-lieu would not exceed $455 per household. In addition to the proposed payment -in-lieu, a change in the amount of land which must be dedicated for recreation sites is also proposed. Currently, 1 /35th of an acre (1,244 sq. Ft.) must be dedicated for each lot in a new subdivision unless the Board of Commissioners approves a payment in lieu. This standard is equivalent to 10.50 acres of land per 1,000 population. Under the proposed change, 1/57th of an acre (764 sq. Ft) must be provided for each lot. The new standard is equivalent to 7.5 acres per 1,000 population and is based on the amount of land needed to provide a system of community and district parks in the county. QUESTIONS AND COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Gordon asked if this proposal would allow a developer to dedicate 1/57 of an acre per lot in a 100 unit development for a park in that development. Marvin Collins indicated that would not be the recommendation of the Planning Department staff. He indicated that there is a higher standard in the Zoning Ordinance which results in the developer dedicating the land for the public park or making a payment-in-lieu. There is also a higher standard in order to require the creation of a park or recreation area to serve the residents of the community. This only applies to the high density developments. Geoff Gledhill stated that the County has accepted small tracts of land in recreation dedication in the Joint Planning Area where the Recreation/Open Space Plan approved a linear park system. The linear park system makes it practical to allow dedications of small parcels of land in the Joint Planning Area. Commissioner Crowther requested that the Parks and Recreation Plan be updated and included in the adoption process for the Board of Commissioners Goals and Objectives. He asked why the Recreation and Parks boundaries did not follow township lines. Marvin Collins indicated that community parks have a specific radius which allows an arc to be drawn around the nucleus. A District Park is larger and is identified by driving time. To define the boundaries of a district park service area involves drawing a much larger arc and identifying where that arc crosses the arc of another district park. QUESTIONS AND COMMENTS FROM THE PLANNING BOARD None. 6 QUESTIONS AND/OR COMMENTS FROM CITIZENS Patrick Mulkey, a member of the Recreation and Parks Advisory Council, mentioned that the Recreation and Parks Master Plan was approved in 1988. He felt that little has been accomplished in actually creating parks in this County since that time. He questioned the County's commitment to meeting the long-term needs of the community for recreation and park lands. He asked that the Recreation and Parks Master Plan be updated before any action is taken. He also requested that the County not pay a consultant to handle the update. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to refer the proposed amendments to the Planning Board and Recreation and Parks Advisory Council for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1996. VOTE: UNANIMOUS D. ADJOURNMENT There were no further items for the Boards to consider. Vice-Chair Halkiotis adjourned the meeting. The next regular meeting of the Board of County Commissioners will be held on March 6, 1996 at 7:30 p.m. at the Efland Cheeks Community Center, Efland, North Carolina. Moses Carey, Jr., Chair Kathy Baker, Deputy Clerk 7