HomeMy WebLinkAboutMinutes - 12-12-2000APPROVED 5115101
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
December 12, 2000
The Orange County Board of Commissioners met in a continued session on Tuesday,
December 12, 2000 at 5:00 p.m. at the Southern Human Services Center in Chapel Hill, North
Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiatis and Commissioners
Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager
Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below}
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING
WILL BE KEPT FOR 5 YEARS.
NOTE: This meeting was continued from Saturday, December 9, 2000 to this date, time and
place.
1. CONTINUED REVIEW OF PROPOSED GOALS FOR FY 2001-02
Cooperative Agreements
Commissioner Gordon made reference to page four, the third item, and suggested that it be
worded, "Work with Hillsborough an a list of transportation priorities."
Commissioner Jacobs said that he thought we were aiming for the fall and not the spring far
the EDD transportation issues. Planning Director Craig Benedict will switch the time to August and
October for an actual recommendation to come forward.
Commissioner Brawn suggested adding a page that reflects all of the intergovernmental task
forces. She asked if the County Commissioners wanted to do that. Commissioner Gordon feels it
is okay to put the list in somewhere. Her preference would be to put the goals and then have a list
of the task forces as an appendix. Clerk to the Board Beverly A. Blythe will compile the list of
intergovernmental task forces.
Commissioner Gordon made reference to page five where it says, "discuss Mebane's
participation in countywide water and sewer boundary agreement." She said that this reminded
her that the Water and Sewer Boundary Agreement was not yet approved. Craig Benedict will
rewrite this portion of the goal. He agrees we need to get the six-year project completed from our
end and then include Durham and Mebane. The Planning Department has provided information to
Mebane.
Commissioner Jacobs asked Craig Benedict if he envisions that the EDD standards will be
the same for Buckhorn as they are for Hillsborough. Craig Benedict said that the EDD area for
Buckhorn was written into the goal of the Efland/Buckhorn study area and it will have different
standards.
Commissioner Jacobs said that it seems that it is time to set up another meeting with
Mebane. There was consensus of the Board that the Manager would set up a meeting with
Mebane. The Manager will create an agenda and send to the County Commissioners for their
review and input.
Craig Benedict said that the biggest issue facing Mebane is their urban growth area.
Expansion of the Efland Sewer System
In answer to a question from Commissioner Brown, Craig Benedict said that, regarding the
Efland sewer system, the priority is to find out the commitments from the bond program. The next
priority is to determine where and when to expand sewer in Efland, or to develop some kind of
sewer extension policy. The staff is still actively working on objective two with the Orange
Alamance water system.
Objective three has to do with the transportation system. It is projected that Mt. Willing Road
will be the most over capacity in the Efland area, because the two 90-degree turns cannot handle
the traffic movement from Efland-Cedar Grove Road. There will have to be some sort of
improvement in the near future.
Objective four has to do with the intensity of the land uses. If we have water, sewer, and
roads, then we need to work on the intensity of the land uses. Efland has more potential than most
places for development. This is where we get into discussion of identifying areas within Efland for
possible increases in density where water and sewer facilities are focused. The County Engineer,
the Economic Development Director, and the Planning Director will provide a report to the Board in
a couple of months about recommendations for development patterns in the Efland area. This
area is probably the prime land use issue within rural Orange County that is being addressed at
this time. There are 672 subdivided lots in the pipeline in Cheeks Township, where typically there
are 300 in any rural area in any given year. He distributed a map showing the projects that have
been approved in the last ten years and a list of those that are being reviewed for approval at this
time.
Commissioner Brown asked Craig Benedict what the County Commissioners could do about
the growth in the Efland-Mebane area. Craig Benedict said that we could try to get a commitment
from Orange-Alamance or limit growth because the infrastructure is not available. There could
also be a change in land use so that the impacts are lower. Commissioner Brown would like for
these to be proposed by Craig Benedict.
Craig Benedict said that no one was asking for rezoning in the Cheeks area and everything
that has been approved has met the regulations of the Zoning and 5ubdivisian Ordinances. He
said that he could provide recommendations for the Efland area based on scenarios of the
availability of water and sewer.
Commissioner Jacobs said that a sewer service area should be defined and that a sewer
expansion policy should not be developed. He said that everything depends on the availability of
water. We would have to get this water from Mebane orOrange-Alamance. Craig Benedict said
that he would start with identifying the area and then developing an expansion policy.
Commissioner Gordon made other changes, which were so noted by Craig Benedict. She
would like to do what the bond referendum said, but she would also like to know what else should
be done, what it will cost, and how it will be done. Regarding the goal outline and the goal
statement, she suggested including environmental impacts in the statement.
Craig Benedict said that there is a certain amount of money left in the band program. The
money can be spent on expansion for service which was outlined in the bond program, or the
money can be leveraged for grants.
Commissioner Carey asked about the delay that would be expected if they were to try to
leverage this bond money to get bond grants. County Engineer Paul Thames said that the
deadline for grant applications is March 2001. In order to be eligible to receive the grant you have
to have a complete set of construction documents and be ready to begin construction. There is no
way to get everything done by March 2001. However, everything could be ready far a March 2002
grant period. He said that even if the County Commissioners approved a plan at this time, it would
be late in the summer or early fall before a contract could be let. Then because of the weather, it
would be spring 2002 before anything could be constructed. So it makes sense to work toward
applying far a grant in March 2002.
Chair Halkiotis made reference to a problem in a mobile home park across from Hanco
Products and said that he feels we need to help some of the citizens in that area that have waited
for a long time for something to be done about water and sewer. There are a lot of failing septic
tanks in that area that he has seen firsthand.
Commissioner Brown questioned a plan taking a year to develop and asked what is going to
happen with the growth in the Efland area. John Link said that Paul Thames is ready to begin
developing the plan for the citizens that were expecting help with sewer systems using the bond
funds.
Commissioner Jacobs feels that there is more of a sense of urgency in making some
decisions on the overwhelming impact of growth in the Efland area. He feels we need to find out if
there is water first. We cannot promote higher density development if we do not have water. He
agrees that we need to make a determination in less than a year about the development in the
Efland area.
Craig Benedict said that he will have a recommendation to the County Commissioners in
March 2Q01 about development in the Efland area and will present at that time any
recommendations that involve changes in land use or rezoning for the May 2Q01 quarterly public
hearing.
Commissioner Carey asked if Craig Benedict would include, as a part of objective two, a
timeline for a meeting with Orange-Alamance. Craig Benedict said that this meeting should take
place in January. The County Manager was asked to facilitate the process of setting up a meeting
with Orange-Alamance. A letter was sent to Orange-Alamance from the County, but there has
been no response.
Urban Rural Boundaries
Commissioner Brown asked if we had a joint meeting on the calendar with the Town of
Hillsborough and Chair Halkiotis said no.
Chair Halkiotis suggested bringing the two small planning groups and the two staffs together
and report to both elected groups on the success of the subgroup.
Commissioner Brown asked about the proposal for the Upper Eno watershed. Craig
Benedict said that a survey was forwarded to the Commissioners to get some additional input. He
said that there were a few different ways to achieve what the County is trying to achieve {i.e.,
density reduction, density transfers, etc.). He is suggesting that with transfer of development rights
that the County seek a firm that has worked with Huntersville, which is trying to transfer densities
within watersheds.
Commissioner Brown asked where we are in the timeframe for any recommendation about
Cheeks Township, the Upper Eno watershed, etc.
Chair Halkiotis made reference to the workload in the Planning Department. He asked Craig
Benedict to do a chart showing everything his department is trying to accomplish at this time. He
suggested that a significant part of the agenda for the possible work session on January 29t" be
reserved to listening to a report an the Planning Department.
Transfer of Development Rights
Commissioner Jacobs made reference to Transfer of Development Rights {TDR) and said
that this is something the Smart Growth Committee is discussing. He made reference to
Huntersville and said that we should not focus on their successes and failures. He said that it was
perfectly within the County's purview to transfer density from one place to another.
Geoffrey Gledhill said that he could write a letter to Craig Benedict and copy the
Commissioners regarding the work session presentation.
Public School Impact TaxlFee
Commissioner Jacobs made reference to the Public School Impact TaxlFee and noted that it
does not say anywhere in this goal that the County Commissioners will continue to seek legislative
authority to change the impact fee to an impact tax. He said that this should be an ongoing goal.
Craig Benedict will add this to the goal.
Regional Transportation Planning
Commissioner Jacobs made reference to page two and the statement, "Coordinate with
Orange County local government jurisdictions to provide an ongoing comprehensive transportation
planning process." He asked if this includes the comment on thoroughfare plans. Commissianer
Gordon said that this would be addressed in the regional Metropolitan Planning Organization.
Commissioner Jacobs feels it is a step we ought to consider so that the County understands
better what the municipalities are after. He said that it was a good idea to periodically review the
process for the thoroughfare plan.
Commissioner Gordon thinks that the area outside of the MPO is what needs more effort.
Sustainability
Commissioner Jacobs made reference to the environmental assessment in our ordinances
and the enforcement of standards based on the results of the environmental assessments. He
wonders if this should be revisited and if this was the place to put it. Geoffrey Gledhill said that the
environmental assessment was not regulatory, but informational, in nature.
Commissianer Jacobs would be interested in how the environmental assessment is used and
haw it could be used better.
Commissioner Gordon would like to add as an objective to review and revise the County's
Environmental Impact Ordinance.
Adequate Public Facilities Ordinance
In answer to a question about the Adequate Public Facilities Ordinance, Craig Benedict said
that the Orange County School Board voted to approve this ordinance. The Chapel Hill-Carrbaro
City School Board has had it on their agenda a couple of times. He has not heard from the Towns
of Hillsborough, Chapel Hill, or Carrboro. He will let the County Commissioners know as dates
become available.
Chair Halkiotis asked for a fact sheet on the Adequate Public Facilities Ordinance and a list of
the steps that have to take place before implementation. He feels that there is a lot of deliberate
misinformation out there an this issue. The administrative issues need to be clarified, especially
regarding the school systems.
Commissioner Brawn would like for the process an approval of this ordinance to be tracked,
and if it gets stalled, it should be brought to the attention of the County Commissioners.
Drainage and Stormwater Management
Commissioner Jacobs added the following under objective six: "Work with County Forester
and NC Division of Forestry to improve coordination of forestry activities within Orange County with
watershed protection, land use, natural areas, and other adopted County plans."
Rural Character Preservation
Commissioner Gordon made reference to page 11, objective 2b, Visual Resource Protection.
She would like to revise the last sentence to read, "Draft standards to allow interconnectivity in
access to open areas internal and external to the development, while protecting existing
neighborhoods from adverse impacts."
Commissioner Gordon made reference to page 14 and said that the private road standards
were not complete since there were sections to be reworked by the planning staff. She said that
this should come back in January for completion.
Commissioner Jacobs made reference to page four, objective 1 a, the Voluntary Ag Districts
Program, and added the following goal: "Examine and incorporate appropriate incentives to
increase participation in voluntary agricultural districts."
Commissioner Jacobs has same concerns about the stakeholder process. He asked that the
space study committee look at the notion of an Ag Center.
Commissioner Jacob made reference to the bottom of page seven that reads, "Recruit and
hire Agricultural Economic Development Specialist." He said that there was a recommendation by
the Economic Development Commission to pursue this kind of position but there is no grant
money.
Commissioner Gordan suggested rewording the goal by leaving out the jab title and putting
the Agricultural Economic Development Specialist in Resources. She pointed out that if a goal was
approved, it did not mean a new position was approved.
Commissioner Jacobs made reference to page eight and acquiring conservation easements.
He thinks the County should have an active campaign to promote easement acquisition programs
to inform people.
20Q1.
It was decided that the remaining goals will be finished at the work session on January 29,
2. REVIEW OF ADVISORY BOARDS AND COMMISSIONS
a. Transportation Advisory Commission
This will be addressed by a task force.
b. Youth Services Advisory Commission
This will be eliminated.
ADJOURNMENT OF CONTINUED MEETING
The meeting was adjourned at this time because it was time for the joint meeting with the
Commissioners and the Orange County Planning Board.
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
DECEMBER 12, 2000
The Orange County Board of Commissioners met in joint session with the Orange County
Planning Board on Tuesday, December 12, 2000 at 7:30 p.m. at the Southern Human Services
Center in Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners
Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, and Barry Jacobs
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager
Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below)
ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair Leo Allison, Barry
Katz, Karen Barrows, Howard McAdams, Runyon Woods, Rachel Preston
ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: Nicole Goading-Ray,
Crauford Goodwin, Lynne Holtkamp, James Selkirk, Robert Strayhorn
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING
WILL BE KEPT FOR 5 YEARS.
A. OPENING REMARKS FROM THE CHAIR
Chair Halkiotis welcomed everyone to the meeting.
PUBLIC CHARGE
Chair Halkiotis read the public charge.
B. AUTHORIZATION TO SEEK FINANCING FOR PROPERTY ACQUISITION AT 112 AND
118 NORTH CHURTON STREET IN HILLSBOROUGH
Director of Purchasing and Central Stores Pam Jones made this presentation. She said that
Central Carolina Bank has accepted the County's offer of $485,000 for both pieces of property as
well as the land around it. The projected interest rate is 6.5°~. The detailed information on the
interest rate will be brought back at the meeting on January 18, 2001. The financing period will be
for ten years. The only outstanding issue is the environmental assessment. There is one
underground storage tank and it appears to be abandoned. This information will be confirmed by
January 18, 2001.
A motion was made by Commissioner Carey, seconded by Commissioner Brown to:
Approve the resolution, which is incorporated herein by reference and calls for the plan to
purchase the property
Authorize the Finance Director to seek financing far the acquisition; and
Establish January 18, 2001 as the date for public hearing an the acquisition.
VOTE: UNANIMOUS
C. PUBLIC HEARING ITEMS (To be heard by the Orange County Board of Commissioners and
the Orange County Planning Board.)
1. Consideration of Economic Development Districts (EDD1 within Moratorium Areas
Planning Director Craig Benedict made general comments about this agenda item. He
said that the six items on the public hearing have to da with economic development districts and
some work that has been conducted by a joint task force of individuals from Orange County and
Hillsborough. Since February 2000, two County Commissioners, two Hillsborough Commissioners,
the Economic Development Director, the Hillsborough Planning Director and the Orange County
Planning Director have held meetings twice a month to discuss the area near old NC 86, new NC
86, I-85, and I-40, which totals 800 acres. This has been designated an the County's land use plan
since 1994 as an economic development district. Discussions with the Town of Hillsborough
indicated that the present standards were inadequate to handle development in that general area.
Based an the first few months of input, both the Town of Hillsborough and Orange County created
some moratoria areas within the County. Areas within Hillsborough had afour-month moratorium
and areas within Orange County had asix-month moratorium. He showed the moratoria areas that
were up for discussion. The moratorium has been released in Hillsborough based on
recommendations from the task force. The interest of the task force was to make sure that the
economic development districts are viable, aesthetic, and would improve the general area.
Craig Benedict explained each of the six items on the public hearing. The first item has to do
with the creation of a limited office district. It is a text amendment and has nothing to da with
anyone's property. The second item has to do with the creation of an Economic Development
Special Entranceway District. The third item has to do with the actual rezoning of land shown as
3a and 3b to Limited Office. The fourth item is an extension of the six-month moratorium, which
would have expired in January 2001 for areas A one and two. The extension of the moratorium is
to April 2001. This extension would be to a time certain. The fifth item is some new regulatory
standards. The Economic Development District Design Manual has been in effect since 1994 far
the entire area that is within the economic development district in area A. After discussions with
the task force and the general public, it was decided that the existing manual was laborious and
difficult to understand. The task force is recommending that the manual be abridged to something
more understandable. The sixth item is a continuation of the public hearing that was held on
November 27t" and has to do with the subdivision of property in non-residential lands. This item
suggests that subdivisions have larger lot sizes rather than the undefined minimum that was in the
previous manual. This would reduce access points to old NC 86 and new NC 86. The task force
has also suggested a balance of different uses for the economic district by creating some different
categories of land use and zoning. He said that this entire area was developed as retail, which
would have been permitted under the existing economic development design standards. Over
100,000 cars would be generated from the 800 acres. Anyone who owns property that is zoned to
the Limited Office district could, by right, bring a proposal directly to the staff and would not have to
go through a legislative process for approval.
Any testimony ar written information after tonight's meeting can be submitted to the staff to be
distributed to the Planning Board at their next meeting.
Commissioner Jacobs spoke as a member of the task force that worked on this project. He
said that the task force tried to make the standards the same for Hillsborough's and Orange
County's jurisdiction. The task force has tried to accomplish master planning. They have tried to
make this clear, simple, and flexible. This is an effort to create a supposition of certain kinds of
activities taking place and a somewhat streamlined process to enable them to do so. The task
force has tried to accent environmental issues, especially preservation of open space, how we
define buffers, transportation, and connectivity. The task force has talked about having 20% retail,
25% officelflex space, 15°~ residential, 35% office, and 5°~ miscellaneous. One of the thrusts is to
try and promote mixed use. Even with the office areas, they tried to include eating facilities within
those uses so that people will not have to drive somewhere in order to eat and add to the traffic
peak. The general sense is that this has been a rewarding and cooperative venture with
Hillsborough.
a. Creation of an "EDDILimited Office" zoning district in the Urange County permitted
use zoning tables. The new district would permit primarily community and regional
office development with accessary restaurants.
There were no questions from the Baard of Caunty Commissioners. Planning Baard
member Barry Katz asked about the mixed-use plan and asked what the estimate was of the
number of trips per day. Craig Benedict referred to a chart and said that it would include 98,000
cars, if the 800 acres were built out. Even with the base numbers, by promoting a lot of mixed use,
that number would be reduced.
Barry Katz asked if there were plans to preserve existing vegetation in the EDD areas.
Craig Benedict said that one of the standards that will be part of the abridged manual is that there
will be a 50°~ impervious area maximum. There is strong emphasis for the preservation of natural
features and natural buffers.
Planning Board member Runyon Woods made reference to a chart, which shows the
vehicles per day and asked how that number was generated. Craig Benedict said that they took
an 800-acre area and took off a 20% environmental constraint. From the 560 remaining acres,
they took footprint coverage in four area ratios that were indicative of different land uses.
Runyon Woods asked how the gross number of square footage was figured to generate
the number of vehicles per day. Craig Benedict said that the amount of gross floor area that would
be allowed in the area would be 6.6 million square feet {535,000 for retail on 61 acres, 1.7 million
square feet for affice flex an 160 acres, 4.4 million square feet far office park on 252 acres, and
600 units of median-density and high-density residential}.
Public Comment
Vic Knight owns property on Old NC 86 south of Hillsborough. He feels that the general
public will not have any understanding of how to develop property in the EDD. He feels that it is a
very complicated process and not simple. He feels the process is not straightforward. With
reference to this item, he does not feel that the best approach is the legislative approach to
approvals. He thinks that going through a legislative approval process leaves out all of the
potential objective standards.
Scott Radway said that he feels that the process that the EDD task force has gone
through has been gratifying to see. The issue that is not addressed in the material is the concept
of trying to deal with large properties and master plans. This was one major focus of the EDD task
force. He made reference to the abridged EDD manual and asked about the statistical standards
versus subjective standards. He asked for clarification on the abridged EDD manual and if it would
be a guidebook or part of another ordinance.
Craig Benedict said that the parts of the EDD design manual that are not highlighted
would be an adopted ordinance. The unabridged EDD design manual is also an ordinance. The
guidebook portion, or the shaded portions, are guides and subjective standards.
A motion was made by Cammissianer Carey, seconded by Commissioner Jacobs to
accept the staff and public input into the public hearing record, and to refer item C1 a to the
Planning Board for a recommendation to be returned to the Board of County Commissioners na
sooner than January 18, 2001.
VOTE: UNANIMOUS
b. Creation of an "EDD1Special Use Entranceway Overlay District." This district
would include a set of general and specific standards for development to be
Commissioner Jacobs said that a couple of the issues that came up with discussions with
Hillsborough was (1) limiting the floor area of big box retail, and (2} limiting or eliminating drive-in
windows for air quality reasons. Also, he asked Craig Benedict that clear-cutting be covered in the
ordinance.
Barry Katz asked if Craig Benedict could identify a 650-acre parcel in the County. Craig
Benedict said that 6.6 million square feet is a build-out scenario and would not came online in 10,
15, or even 20 years. The new South Point Mall in Durham is about 1.2 million square feet.
Barry Katz made reference to maintaining the character of Hillsborough and asked how
that would be accomplished by putting development at this site. Craig Benedict said that traffic
would be focused to this area instead of traveling through the center of Hillsborough, which would
make this area the appropriate place far development.
Public Comment
Scott Radway asked about the proposed EDD development chart that has the
designations which are O-OF (office and office flex), O-MDR (office and medium density
residential), and the last one for mixed use. He asked if what is intended is for the County
Commissioners to adopt as an ordinance the categories with uses when this comes back to the
County Commissioners for approval. He asked where this fits within the continuing work of the
EDD task force between now and when the moratorium ends.
Craig Benedict said that these are categories that are not assigned to any of the
properties at this time. The focus of the work on A-1 and A-2 will be in this area.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
accept the staff and public input into the public hearing record, and to refer item C1 b to the
Planning Board for a recommendation to be returned to the Board of County Commissioners no
sooner than January 18, 2001.
VOTE: UNANIMOUS
c.
approximately 77 acres. These parcels can continue their present activity pursuant
to existina zonina codes if presently developed. If the site is undeveloped or
previously Hated site is to be redeveloped, then the parcel would be developed
consistent with Limited Office district or request rezoning through a special use
rezoning and permit process. These parcels would also be removed from the
moratoria.
Barry Katz made reference to South Paint Mall in Durham and the exit ramps an I-40 and
asked if there are any plans for I-40 or NC 85 to sustain a reasonable flow of traffic to this
development and what plan they would need to augment this future development.
Craig Benedict said that it was agreed at the Commissioners' retreat that the EDD task
force would evolve into a task force with a transportation emphasis at the end of the land use
issues. The task force would focus on the issues raised above by Barry Katz. The task force will
take a look at over 40 intersections and come up with a priority package by late summer 2001 and
submit it to the MPO by fall 2001.
Public Comment
Lawson Brown, attorney from Alamance County, spoke representing Chandler Concrete
Company, which is located in area 3A. The Chandler Concrete site is a 5.$-acre tract of land
located between SR1710 and the railroad tracks. The easternmost two acres of this site are not
developed. Chandler Concrete Company has been in operation since 1973. He feels it is
important to note how this site is situated on Highway 10. The building was expanded to a two-
story building just a year ago. He asked that this site not be included in the EDD. If Mr. Chandler's
property is included in this designation it will become a nonconforming use. He does not think that
Chandler Concrete is appropriately included in the EDD because of its unique location, history, and
unique size in relation to the railroad and SR1710.
Hazel Lunsford said that her house is included in this proposed area. She said that
changing residential zoning to limited office or anything else would mean that she could not rebuild
her property in the event of a disaster because it would be nonconforming. Her property has been
a life investment. This will change the amount of property taxes that she will have to pay. If the
property remains residential, she said that she would also lose because no one would want to buy
in a limited and restricted residential area. She asked for protection of her property and rights.
She suggested a written agreement with the residents that are affected by this proposal.
John Parker is one of the residents that is supposedly within the 500-foot area bordering
the rezoning. After an answer from Craig Benedict to his questions about area 3A, it was
determined that he was not within the 5Q0-foot area. He asked about the notification to citizens far
projects in areas bordering whatever is being built. Craig Benedict said that if the properly goes
through a rezoning, there is a public hearing and two other meetings.
Pete Landfer lives in Wildwood and asked about the traffic that may be generated. Craig
Benedict said that presently there is no public right-of-way connecting old NC 86 and new NC86.
When a project is submitted, that will be the basis for dedicating right-of-way between those two
corridors. This will be required for all plans submitted in that corridor.
Commissioner Gordan asked what the Economic Development District Review
Committee is and Craig Benedict said that this was a development review committee that was
made up of the Economic Development Director, the County Engineer, the Planning Director, and
a member of project staff. When a project comes in, the staff meets with the Economic
Development Review Committee and if the project meets the design manual, it will be approved by
the review committee.
A motion was made by Commissioner Gordon, seconded by Commissioner Brawn to
accept the staff and public input into the public hearing record, and to refer item C1 c to the
Planning Board for a recommendation to be returned to the Board of County Commissioners no
sooner than January 18, 20Q1.
VOTE: UNANIMOUS
Time period extension for the EDD moratoria area near I-401O1d NC$6, and I-851O1d
NC86. These parcels include approximately 768 acres and were noted on the June
6, 2000 moratorium maps as parcels A, 1 and 2. The extension is proposed from
the original 6-month period ending January 2001 to April 2001 where the
moratorium will expire on said parcels. The Orange CountylHillsborough
Economic Development District task force is conducting open meetings on a
regular basis to complete its amendments to the EDD guidelines and regulations.
In answer to a question from Commissioner Gordon, Craig Benedict said that the
moratorium ended and development proposals have begun to come forward under the new
regulations for these areas as identified. We are now focusing our attention on Al and 2. We are
on a course to make recommendations within the next two months with final adoption in early April
in advance of the expiration of the moratorium. The first four months of the moratorium focused on
I-85 and NC 86. The Town Attorney and the County Attorney spent time on 3A and 3B because
that is where the focus of the work was. The County needs a few months to study and make
recommendations on how they will be addressing master plan issues and processes.
Barry Katz said that he understands that Hillsborough is providing water and sewer lines.
Craig Benedict said that with Hillsborough's new reservoir that is coming on line, the Town feels
that they will have adequate water for this area. With some modification to their sewer plant, they
will be able to provide sewer service to this area. Hillsborough realizes that they will have to focus
their infrastructure to this EDD area. It will be beneficial to Hillsborough to run lines to a
concentrated area.
Public Comment
Vic Knight asked about adoption of what has been presented tonight. Craig Benedict
said that a Quarterly public hearing is scheduled for February 26. It is the intent that the Economic
Development manual will be the same for the County and Hillsborough so the standards will be the
same. He said that Hillsborough did indicate that their moratorium has ended. However,
Hillsborough will not approve any development proposals until the County has lifted their
moratorium. He asked if a proposal has already been submitted, if the County Commissioners
could go ahead and review and approve it so that it will not be held up until April.
Vic Knight asked that Hillsborough be allowed to go forward with any proposals rather
than waiting until the end of the County's moratorium.
Brent Bocook is an attorney and the developer of the Gateway Oaks project, which is
approximately 115 acres and four parcels between I-40 and NC 86. He said that he appreciates
the work that the EDD task force has done, but there are some conflicting interests. He said that
he started assembling land at this area because they knew this was an EDD area. One reason
they purchased this property was because of the very fact that this property was already zoned by
right. They understand that as long as they are in conformance with the EDD manual that that was
all that was necessary. He distributed information on the project that they are working an at this
time. The project was submitted January 24, 2000. When they submitted this project they took
extreme caution in developing this to stay in conformance with the EDD manual. He read from the
EDD manual and the permitted uses. He said that this project is not asking for any different type of
use than is already allowed in the EDD. This project would also be in conformance with the
proposed new EDD design manual. He feels that there is an issue of fairness in that they
submitted this prior to the moratorium being passed. The town was working an the annexation of
this property when the moratorium was placed on this area. One of the issues is that when you
create a moratorium, it is actually a taking of property without just compensation. He requested
that the Board consider not including their particular project in this moratorium for the following
reasons: (1) they submitted their project prior to the moratorium, and {2} they have assembled
these four lots.
Kennon Barden also spoke about the Gateway Oaks project, which is office development
as allowed in the EDD manual currently. He said that they were in conformance with the current
EDD. He asked that the moratorium not be extended so that they could be allowed to continue
their work an this EDD. He would like to continue the process of annexation of this property to the
Town of Hillsborough.
Allen Addison showed where he and his wife live. They have been an hold for several
years to do some repairs and renovation of their home. If the moratorium includes his property, it
may never get developed because they will proceed to do renovations. He made reference to the
letter that he sent to the Town of Hillsborough. He asked that the County Commissioners give fair
consideration of exempting this parcel from the moratorium.
Jessie Kaufman just bought some property 2110 of a mile south on old NC 86 from the
area under consideration. They would like to start clearing a road to a site they will use for a
school.
Barry Katz asked Mr. Borden if he owns any land in the proposed area and Mr. Barden
said that he does not own the land at the present time.
Regarding the issue of fairness, Commissioner Jacobs said that Hillsborough has
repeatedly pointed out that they asked for more detail and more planning on the Gateway Oaks
project and did not receive it.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
accept the staff and public input into the public hearing record, and to refer item C1 d to the
Planning Board for a recommendation to be returned to the Board of County Commissioners na
sooner than January 18, 2001.
VOTE: UNANIMOUS
e. Amendments to the Oranae County Economic Develoament District [EDD) Desian
Manual related to the I-401r31d NC86 and I-85tNC86 economic development district
to include abridging and revising the manual to cite more objective standards of
review in the areas of performance standard, landscaping, buffers, parking lighting,
setbacks and architecture. These standards would be used in site plan review of
Craig Benedict said that this was an abridged version of the existing manual. The volume
ratios are deleted and replaced with guidelines about building and parking area volumes.
Planning Baard member Rachel Preston asked where the tree and shrub list came from.
Craig Benedict said that this list is the original list from the 1993-94 design manual. He would be
willing to work with someone on this.
Public Comment
Scott Radway requested an electronic file of this abridged manual.
Vic Knight made reference to area two and asked whose area this was in and Craig
Benedict said that area two is within Hillsborough's jurisdiction. The jurisdictional boundary
between Orange County and Hillsborough is Cates Creek.
Vic Knight asked if the manual that is being discussed tonight will be adapted by the
Town of Hillsborough and Craig Benedict said that they are working toward a code that is similar or
the same as the County's. Mr. Knight has asked Robert Davis for a copy of the abridged manual.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
accept the staff and public input into the public hearing record, and to refer item C1 a to the
Planning Board for a recommendation to be returned to the Baard of County Commissioners no
sooner than January 18, 2001.
VOTE: UNANIMOUS
At this time, it was 10:35 p.m. The Board agreed to continue the meeting until 11:00 p.m.
f. Non-residential subdivision amendments continued from November 27, 2000 public
hearing.
Craig Benedict said that this would set standards far non-residential subdivisions.
Presently, there are no minimum lot sizes for non-residential subdivisions. The amendments
would establish a minimum lot size of four acres in an EDD. If someone brings forth a master plan
of 20 acres ar more, they have the ability to have pods that could be two acres in size.
Public Comment
Vic Knight feels that the current subdivision regulations address this issue. There are
many uses for parcels of property less than four acres. For an office building, afour-acre lot is
extremely large. He understands the issue with curb cuts but feels that there are other ways to
control traffic within a parcel.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to
accept the staff and public input into the public hearing record, and to refer item C1f to the
Planning Board for a recommendation to be returned to the Baard of County Commissioners no
sooner than January 18, 2001.
VOTE: UNANIMOUS
ADDED ITEM -Economic Development Districts Workaraup Continuation
Craig Benedict said that there was a need to continue and evolve this task force to address
transportation related issues to handle the potential impacts of the EDD. The staff believes that
the task force should include other stakeholders besides elected officials and staff. Page two has
a list of suggested stakeholders. Attachment two is a list of transportation capacity considerations.
The staff is asking that the Board authorize the staff and the EDD task force to recruit for
appointment at the January 18, 2001 meeting.
Chair Halkiotis said that he is willing to step off of the EDD task force if there is another
County Commissioner who would like to serve.
Commissioner Gordon suggested adding an environmental advocate to the list of
stakeholders. Regarding the purpose, she suggested changing the opening statement to say,
"Therefore the following issues must necessarily be considered and affirmed or rejected....." She
also asked that notices be sent out about these meetings.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to
authorize staff and existing EDD workgroup to be empowered to recruit to fill these organization-
oriented stakeholder positions as revised above.
VOTE: UNANIMOUS
D. CLOSED SESSION
A motion was made by Commissioner Brown, seconded by Commissioner Carey "To discuss
the County's position and to instruct the County Manager and County attorney on the negotiating
position regarding the terms of a contract to purchase real property," NCGS 143-31$.11(a)(5).
VOTE: UNANIMOUS
E. ADJOURNMENT
With no further items for the County Commissioners to consider, A motion was made by
Commissioner Jacobs, seconded by Commissioner Brawn to adjourn this meeting. The next
meeting as listed on the regular calendar will be held an January 18, 2001 at 7:30 p.m. in the
Southern Human Services Center in Chapel Hill, North Carolina.
Stephen H. Halkiotis, Chair
Beverly A. Blythe, CMC