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HomeMy WebLinkAboutMinutes - 19971124APPROVED FEBRUARY 3, 1998 ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING NOVEMBER 24, 1997 MINUTES The Orange County Board of Commissioners and the Orange County Planning Board, met in joint session on Monday, November 24, 1997 at 7:30 p.m. in the Superior Court Room, Hillsborough, North Carolina, for the purpose of holding a Quarterly Public Hearing. BOARD OF COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther, and Commissioners Alice M. Gordon, Steve H. Halkiotis and Moses Carey, Jr. BOARD OF COUNTY COMMISSIONERS ABSENT Commissioner Margaret Brown. ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair Karen Barrows and members Paul Hoecke, Howard McAdams, Jr., Elizabeth Walters, Renee Price, Libby Searles, Arnie Katz, Nell Andrews, Leo Allison, and James Selkirk., ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: S.A.M. Brooks, and Robert Strayhorn. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr., Deputy Clerk to the Board Kathy Baker and Planners Mary Willis, Don Belk, Emily Cameron, Slade McCalip and Eddie Kirk. Other staff members present will be identified in the minutes as appropriate. A. OPENING REMARKS FROM THE CHAIR Chair Crowther convened the meeting. He indicated that he would Chair item CA and that Karen Barrows, Chair of the Planning Board would preside over the remainder of the items on the agenda. After all of the items are heard, the Public Hearings will be closed, except for written comment. The floor was open for comments from the Board of Commissioners and Chair of the Planning Board. Karen Barrows mentioned that the Planning Board will meet on January 10th to discuss the issue of stub-outs and would very much appreciate having 2 members of the Board of Commissioners attend. Commissioner Halkiotis mentioned that he had just come from a Landfill Owners Group meeting during which several concerns were voiced. Alderman Gist addressed concerns about the cancellation of the November 20 Assembly of Governments meeting. Alderman Anderson felt that recent newspapers articles reflected negatively on the Landfill staff. Finally, it was reported that wooden pallets would be diverted from the landfill. B. PUBLIC CHARGE Chair Crowther dispensed with the reading of the Public Charge. C. PUBLIC HEARING ITEMS 1. Special Use Permit Everyone who intended to speak on this item was asked to come forward to be sworn in. The oath was given by Deputy Clerk Kathy Baker to Liz King, Eddie Kirk and Barry Jacobs. Commissioner Crowther Chaired this item. a) SUP(A)-4-97 Local Government Employees Credit Union This item was presented by Eddie Kirk for the purpose of receiving citizen comment on a Class A. Special Use Permit for the State Employees Credit Union. The property is located on the southwest corner of Old Hillsborough-Chapel Hill Road and Oakdale Drive in Hillsborough township. It contains the two corner lots which total 2.07 acres in size. This property is in the Economic Development Zoning District as well as the property immediately south and the lot immediately west. The applicants are requesting a Class A Special Use Permit to construct a 4,837 square foot building. The Orange County Economic Development Districts Design Manual requires site plan approval by the Orange County Planning staff for a permitted use in the Economic Development Zoning District. However, when the proposed design does not meet all of the criteria specified in the Design Manual, a Special Use Permit must be obtained. The proposed design meets all of the requirements except the requirement for a 100 foot buffer around the perimeter of the building and the requirement that parking areas be located to the rear of the building. The applicants are requesting a waiver of these two requirements. One of the reasons for this request is that the septic field is being required to be located at the corner. Also, if the building is located at the corner, the applicant indicates that an unsafe traffic movement would be created through the drive-through to exit on Old Chapel Hill-Hillsborough Road. The traffic going out would cross the traffic coming in. Finally, pedestrians would have to cross the drive-through traffic to enter the credit union if parking is located behind the building. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Gordon requested information regarding the cost of running the sewer line to the proposed facility as compared to the cost of installing a septic system. Eddie Kirk indicated that he would provide information on the cost of running the sewer to the facility. He will also report on whether the nearby apartments have city sewer. Finally, he will present information about whether Hillsborough intends to run additional sewer lines in this area. Commissioner Halkiotis asked what the Town of Hillsborough is doing to facilitate the extension of sewer service to this area. He asked if there is a plan. Eddie Kirk indicated that he would work with Hillsborough and present a report to the Board of Commissioners regarding their long range plan for extending sewer to this area. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS Karen Barrows asked which parking areas do not meet the Economic Development District requirements. Eddie Kirk indicated that none of the parking would meet the requirements of the Design Manual. QUESTIONS AND/OR COMMENTS FROM CITIZENS Barry Jacobs, a nearby resident, felt that this was a good project; however, he has concerns about using this particular site. He felt that this could very well have an adverse effect on the contiguous property. He mentioned that Hillsborough already has a problem with uncontrolled access to major highways. He also felt that a right turn lane should be required if this project is approved. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 1998. VOTE UNANIMOUS Planning Board member Karen Barrows Chaired the remaining items. 2. Zoning Atlas Amendment a) Z-7-97 Charlie and Amber Chang This item was presented by Planner Mary Willis in order to receive citizen comment on a request to amend the Zoning Atlas. The proposed rezoning is for a parcel owned by Charlie and Amber L. Chang at 1607 NC 86 North (Tax Map No. 4.3.18), fronting on the east side between Coleman Loop Road North (SR 1334) and Coleman Loop road South (SR 1332). Existing zoning is AR Agricultural-Residential. Proposed zoning is 1.1 Light Industrial in accordance with the Land Use Element of the Comprehensive Plan for Orange County. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS In response to a question from Commissioner Halkiotis, Ms. Willis described the area where the dam is located. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS Planning Board Chair Barrows asked about the planned uses for this property. 2 Mary Willis indicated that she did not know the answer to that question. She pointed out that they do not ask about specific uses because all permitted uses need to be considered during a rezoning request. QUESTIONS AND/OR COMMENTS FROM CITIZENS Mr. Morrison indicated that he owns a lot next to this property and is building a home on the lot. He asked for information regarding what would actually be done with this parcel. Mary Willis indicated that the possible uses are listed in the packet on pages 50 and 51. Some of those uses are light industrial, light manufacturing and a number of commercial uses. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3 1998. VOTE: UNANIMOUS 3. Zoning Ordinance Text Amendments a) Garden Center This item was presented by Planner Emily Cameron for the purpose of receiving citizen comment on proposed amendments to the Zoning Ordinance to create a new land use category called "Garden Center" with appropriate standards as included in Article 6 and a definition of the use in Article 22. On September 30, the Planning Department received a citizen's request to amend the Zoning Ordinance to create a new land use category called "garden center." Garden center is a type of retail use providing landscaping supplies primarily for home use. The definition proposed for Article 22 includes a list of typical products to be sold. The proposed amendment to the Permitted Use Table indicates garden center as a permitted use in all commercial zoning districts as well as in the Agricultural Service District. Therefore, the use would be subject to Planning Department review and approval of a site plan before zoning and building permits may be issued. Standards for operations are proposed for Article 6.16 which list additional requirements for certain permitted uses. The suggested standards specify that outdoor storage and display of goods are permitted and limit the area allowed for outdoor storage of bulk materials such as sand, topsoil, mulch, etc. Mr. Greg Shephard, of Phillip Post & Associates, indicated that he represents a client who wants to put a garden center at this location. Upon examination of the Zoning Ordinance he discovered that the two closest use categories were either greenhouse or retail sales. He found that a Garden Center does not fit either category. They then decided to present this proposal to be considered countywide. They created this proposal themselves with help from the Planning staff. He mentioned that outside storage would be allowed and would be located to the rear or side of the building and would be screened by an 8' foot fence. The amount of square footage for the outdoor storage would also be limited to 15,000 square feet per acre. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. QUESTIONS AND/OR COMMENTS FROM CITIZENS Harold Newton stated that he owns a Garden Center in this general area and would like to move a portion of his business to this new location. He wants to display plants, topsoil, firewood and pumpkins. This property is currently zoned Local Commercial (LC) which does not allow outside products to be displayed. A motion was made by Commissioner Carey, seconded by Commission Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 3, 1998. VOTE: UNANIMOUS b) Watershed Protection Overlay Districts This item was presented by Planner Mary Willis for the purpose of receiving citizen comment on a proposed amendment to the Zoning Ordinance. The Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and 3 approval by the Environmental Management Commission. The Division of Water Quality (DWQ) who is responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in a letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word "sludge" to "residual"; • Change references from "Division of Environmental Management" to "Division of Water Quality"; and • Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS None. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. QUESTIONS AND/OR COMMENTS FROM CITIZENS None. A motion was made by Commissioner Carey, second by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 1998. VOTE: UNANIMOUS 4. Comprehensive Plan Amendment Zoning Ordinance Text Amendment Subdivision Regulations Text Amendment a) Functional Road Classification This item was presented by Planner Slade McCalip in order to receive comment on the draft ordinance and Comprehensive Plan Amendments for the update to the Functional Road Classifications of the Transportation Element of the Comprehensive Plan. On June 4, 1997 staff presented to the Planning Board a process and schedule for updating the Transportation Element of the Comprehensive Plan including an update to the road functional classifications. An amendment to update the functional classifications is necessary because the maps in the Transportation Element to the Comprehensive Plan depict planned roads that are no longer planned. Some of the current functional classifications are not referenced by other adopted plans and ordinances and the existing classifications have been applied to every road in the county's land use planning jurisdiction outside the thoroughfare planning jurisdictions for the municipalities. This has made it difficult to clearly and quickly identify the most important roads and also apply urban road classifications to the roads in 45% of the county's land use planning area. As a part of the Functional Road Classification System update, the planned major thoroughfares adopted by Orange County municipalities which are outside of a municipality's land use planning jurisdiction will be presented for consideration and adoption by Orange County. In this way Orange County can classify the proposed thoroughfares and then protect the rights-of-way for those thoroughfares that are consistent with the County's Comprehensive Plan. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Gordon asked for clarification about how the roads inside the municipal jurisdiction and the roads in Orange County compare on the colored map. She asked if they were using the same definition. She asked for clarification about how they would be used together with the municipal plan. Slade McCalip indicated that they were not using the same definitions. Chapel Hill and Carrboro use the definitions in the existing plan and Hillsborough is using the States functional classification. DOT was responsible for doing the classifications, some of which are based on maintenance. A lot of the DOT roads in urban areas were classified as major thoroughfares which relate to arterial roads out in the County. He agreed that there was a change at the Town boundaries but it is coordinated in this plan. He felt that using this designation would simplify identification so that the same classification would be used throughout the county. This would not be a Transportation Plan. It would help in the consideration and design when the traffic projects are identified next year. Commissioner Gordon asked what Chapel Hill's classification was for Old Lystra Road. Slade indicated that he would have to look at Chapel Hill's classification for that information. 4 There was further discussion about specific roads. Slade McCalip stated that this plan was not intended to direct traffic but rather to indicate how roads are actually being used. Commissioner Gordon pointed out that if the system called for certain roads to be upgraded then that would encourage traffic. She mentioned that if the assumption was that Old Lystra, 15-501 and Smith Level are all at least collectors, then in order to get around laterally you would have to classify Damascus Church Road . She requested that additional consideration be given to Damascus Church Road and Old Greensboro out to White Cross. Commissioner Carey asked whose responsibility it would be to maintain the inventory schedule and how often it would be updated. Slade McCalip indicated that this document will be used for future planning and will be used in conjunction with projected traffic patterns to determine if additional lanes, by-passes or buses are needed. Commissioner Halkiotis thanked Slade McCalip for the work that he is doing. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS None. QUESTIONS AND/OR COMMENTS FROM CITIZENS Mark O'Neal, President of the Hillsborough Chamber of Commerce, indicated that the Chamber has a concern about the Northside Drive Loop. One of their objectives is to be more active with regard to planning issues. He mentioned that the Loop in the year 2020 has a projected traffic count of 1200. With the exception of the proposed Northside Drive, the plan matches the reality of Hillsborough's growing transportation needs. Ordinarily, the Chamber would support plans for a by-pass to manage traffic through and around Hillsborough. However, what is really needed is a northlsouth corridor to 1-85 on the eastern side of Hillsborough. It is premature to design and plan a by-pass without identifying the connection to 1-85 as a part of that process. The location of the 1-85 North/South connector could greatly impact the location of Northside Drive. Therefore, he asked that Northside Drive be removed from Orange County's functional road classification plan until the NorthlSouth connector to the east can be identified. Commissioner Gordon asked where the Western Bypass ends. Mr. O'Neal stated that they were trying to create a truck corridor on the west side of Hillsborough. That connector would go all the way to Hwy. 57. He also felt that the rural character of St. Mary's Road needed to be protected. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 1998. VOTE: UNANIMOUS F. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Orange County Board of Commissioners will be held Monday, December 1, 1997 at 7:30 p.m. in the Old Courthouse, Hillsborough, North Carolina. William L. Crowther, Chair Kathy Baker, Deputy Clerk