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HomeMy WebLinkAboutMinutes - 04-11-2001APPROVED 6/19/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION April 11, 2001 The Orange County Board of Commissioners met in special session on Wednesday, April 11, 2001 at 5:30 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, Alice M. Gordon and Barry Jacobs COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. 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 1 YEAR. 1. GIS PRESENTATION OF DRAFT LANDS LEGACY "LONG TERM PRIORITIES FOR 2002- 2010" Environment and Resource Conservation Director David Stancil made this presentation. This has been a very successful first year in that the County has completed the McGowan Creek Preserve (the 63-acre preserve of former Duke Forest land} the Little River Regional Park and Natural Area with Durham County, Triangle Land Conservancy, and Eno River Association; and the first agricultural conservation easement with the Walters Family. He gave some background on the current annual action plan. He said that he recognizes that the annual action plan for next year will have limited funds available at the County and State level. The five primary focus areas of the Lands Legacy program are listed below: • natural areas and wildlife habitat • farmland preservation • parklands and open space • cultural and archaeological resources, and • watershed riparian buffers He showed some of the priority areas on a GIS map. There have been 4,500 acres of land in Orange County identified as significant natural areas that do not have any type of protection at this time. He pointed out that the 250t" anniversary of Orange County is next year, 2002, and that it is thought that the first County seat was contiguous with the Seven Mile Creek Preserve. This will be researched further. Commissioner Brawn asked about the historic preservation of houses and the cooperative efforts with the Towns. David Stancil said that there has not been much cooperative effort between the different towns. There is a need to bring the different jurisdictions together on historic preservation. Commissioner Jacobs asked about the Greene Tract and how it fit into all of this. David Stancil said that he had not incorporated the Greene Tract into this document pending further discussion. Chair Halkiotis made reference to the goal of acquiring 500 acres of farmland per year from 2006-2010. He said that the challenge would be to put together a successful community outreach program. The community outreach program should be crafted very carefully sa that the citizens do not think that the County is telling them what to do. Commissioner Gordan commended David Stancil and his staff on the development of this plan. Chair Halkiotis Hated that the Department of Environment and Resource Conservation was approved two years ago by a 3-2 vote. He said that because of all this department has accomplished in this short time, it has received the support of virtually everyone. Commissioner Jacobs made reference to an article about the economic value of open space and suggested that the Department of Environment and Resource Conservation involve the Economic Development Commission in its efforts. The presentation needs to include the positive economic impact aspect so that the citizens have a broad prospective of what open space can offer. 2. LANDS LEGACY -DISCUSSION OF LONG-TERM PRIORITIES AND INTERFACE WITH CAPITAL NEEDS TASK FORCE David Stancil said that the Capital Needs Advisory Task Force may be considering the Parks and Open Space components on April 25t". He wondered if there should be anything conveyed to the task force regarding the Lands Legacy Program. He also mentioned that the Open Space Task Force has completed their work and has prepared their plan. Commissioner Gordan proposed setting aside 15 minutes on April 16t" to discuss what should be sent to the Capital Needs Task Force. Commissioner Jacobs made reference to the long-term priorities and how each item is listed as having a potential far grant funds. He suggested that the targeted grant funding sources be specified. Commissioner Jacobs made reference to 1 K on page 5 of Attachment 1, Little River Riparian Corridor and said that there has been discussion about the entire piece of properly that was considered for the C&D landfill. He questioned why we were not at least talking about the possibility of acquiring more than 50 acres for this. 3. ADOPTION OF LANDS LEGACY ANNUAL ACTION PLAN FOR 2001-2002 David Stancil made a presentation on the proposed action plan for 2001-2002. He said that funding may not be there for a lot of the trust funds. He listed the priorities, as follows: Phase II of Cedar Grove Park, Seven Mile Creek Preserve (total cost of up to $500,000), Orange Grove Park {formally Bingham District Park), an additional farmland conservation easement, Southern Shagbark Hickory Forest, and Pickard's Mountain Natural Area. These priorities are outlined on pages 6-7 of Attachment 2. Commissioner Jacobs asked about strategies and the lack therein. One strategy would be meeting with a neighborhood group or a group of individuals to help establish conservation easements. Another strategy would be to contact property owners who have prime forestlands or who have identified significant natural and cultural sites on their property. He would like to see strategies listed in the action plan. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to adopt the Lands Legacy Program Annual Action Plan for 2001-2002, with the inclusion of strategies. VOTE: UNANIMOUS Commissioner Gordon asked if the County Commissioners would be willing to go on record as supporting the contribution of the current allocation of $500,000 a year in the CIP so that there can be along-term land acquisition program as well as an ability to respond to unforeseen opportunities. The Commissioners agreed to support this allocation John Link suggested that a fiscal strategy be developed far long-term priorities. 4. CLOSED SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to go into closed session "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 § 143-318.11(a}{5}. VOTE: UNANIMOUS 5. ADJOURNMENT With no further items to discuss, the 5:30 p.m. meeting was adjourned. The next meeting is scheduled for April 11, 2001 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Stephen H. Halkiotis, Chair Beverly A. Blythe, CMC APPROVED 6119/2001 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN APRIL 11, 2001 The Orange County Board of Commissioners met with members of the Chapel Hill Town Council and the Carrboro Board of Aldermen for a Joint Planning Area public hearing on Wednesday, April 11, 2001 at 7:30 p.m. in the board room of the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Alice M. Gordon and Barry Jacobs COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Rosemary Waldorf and members Flicka Bateman, Pat Evans, Kevin Foy, Jim Ward and Edith Wiggins CARRBORO BOARD OF ALDERMEN PRESEET: Mayor Michael R. Nelson and members Allen Spalt, Diana McDuffee, Alex Zaffron and Joal Hall Broun 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. A. OPENING REMARKS FROM THE CHAIR Introductions were made. Chair Halkiotis stated that Commissioner Carey was out of town and regretted that he could not attend the meeting. He described the process for the meeting. B. PUBLIC CHARGE Chair Halkiotis dispensed with the reading of the public charge. C. JOINT PUBLIC HEARING Roger Waldon, Chapel Hill Planning Director, made a power point presentation on behalf of the planning departments of Carrboro, Chapel Hill, and Orange County. 1. JPA-1-01 requests that the Joint Planning Area Land Use Plan be amended to reflect designations far the Chapel Hill Transition Area recently adopted by the Chapel Hill Town Council as part of Chapel Hill's Comprehensive Plan. Amendments to the JPA Land Use Plan require the approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. Roger Waldon said that overall the Joint Planning Area Land Use Plan has worked very well. This request was brought by the Chapel Hill Town Council. Chapel Hill has requested that the Joint Planning Area Land Use Plan be amended to incorporate Chapel Hill's land use plan that was adapted last May. This area is the northwest area of the Chapel Hill community. He identified the area on the map. He identified the residential areas and the annexed portion of Eubanks Road, which the Town of Chapel Hill has annexed. He described the five changes that were made in the plan that the Chapel Hill Town Council adopted as follows: 1) With reference to the Greene Tract, the decision has been made that this will not be used for a landfill, but that it will be used for housing/open space. There is a task force working to come up with the best use for the Greene Tract. The landfill designation has been taken off of this piece of land and the land use plan. 2) The second area was shown as open space on the 1986 plan, but is being used currently and is most suitable as very low-density residential use. 3) Area three is being designated as open space. 4) Area four is comprised of a mixed-use area on Eubanks Road. 5} Area five is the Neville Tract, which is being designated for landfill purposes and the land use plan has been changed to reflect "landfill activities". He said that the three planning staffs have come together and have a unified recommendation, except for the Greene Tract. There are three different recommendations in regards to the Greene Tract. Chapel Hill is recommending that the Greene Tract be designated as housing/open space. Orange County is suggesting that no change be made to the Greene Tract until a decision is made. Carrboro is recommending that the Greene Tract be designated as public use until a decision is made. Public Comments Nick Didow, Chair of the CHCCS Board of Education, said that if, in the vision of the ultimate use of the Greene Tract, a school would be suitable for this site, the school board would like it to be considered. If the elected officials are going to entertain some serious future dedication of the Greene Tract, thinking 12-15 years forward, even with the acquisition of the sites already designated and identified, the school board sees the clear potential use of 40-50 acres of the Greene Tract far an Elementary School andlor Middle School. The CHCCS Board of Education would be delighted to have the school boards work with the governing boards on this possibility. He said that the school board has always assumed that a portion of the Greene Tract might be available for a school site. The school board wanted him to reaffirm their willingness to enter into those kinds of planning processes and considerations with the Towns and the County. James Carnahan said that he along with some other designers did some planning for downtown Carrboro. Apiece of the presentation included a regional context map, which looked at the utility of the rail line in Orange County. He said that the rail line defines the eastern boundary of the Greene Tract, which could be useful. The larger context that he wanted to present was the question of how we are going to accommodate the growth that is coming to the area so that we can maintain the environmental quality and preserve as much of the rural landscape as possible. He stated several possible routes of the rail system. Richard Leber, volunteer with the Orange County Habitat for Humanity affiliate, read a prepared statement. He made reference to how the elected officials advocate affordable housing. He said that the Greene Tract is in the OWASA service area, which is usually required for affordable housing projects. He said that the Orange County Habitat for Humanity affiliate has had along-term goal of supporting the County's interest in developing a portion of the Greene Tract. To this end, Habitat recently purchased a centrally located, undeveloped 2.7-acre parcel of land between Rush Road and Purefoy near the northwestern edge of the Greene Tract. Habitat has secured sewer easements to this tract. Habitat has also been in conversation with other adjacent property owners to purchase additional land to expand the size of this tract before pursuing the subdivision plan. He said that Orange County Habitat for Humanity would very much like to partner with other affordable housing providers to develop a portion of the Greene Tract. Orange County Habitat for Humanity's suggestion would be to consider a 25% allotment, or 40 acres, to affordable housing initiatives. This is similar to the ratio requested by many in the private sector in some developments in Chapel Hill and Carrboro. A 40-acre allotment is also similar in size to the portion already dedicated to open space. This would result in an equal balance between protecting the past while being proactive to improve the lives of many lower income households. Robert Dowling with Orange Community Housing also spoke about affordable housing within the Greene Tract. He noted that as they reach down the income scale, it is going to get harder and harder to find land to build rental housing. The Greene Tract is an opportunity far affordable housing to get beyond the public scrutiny. This is an opportunity to build a mixed use of homes and rental properties. He would hope that the development could be high-density affordable housing sa that more open space and buffers will be left. Garry Carver focused on the area identified as PW, public works. He said that until one year ago, a public works site was never in this area. It appeared just suddenly and was not questioned but approved. He said that, as far as he knows, there was never a public hearing on siting a public works facility on the land as designated. This area was designated in the old plan as mixed use, which does not describe an area for public works. The new plan designates the site as rural residential, which also does not describe an area for public works. He stated that this designation is not far the benefit of the neighborhood. Judy Nunn Snipes, a property owner in this area, said that she is shocked. She said that the neighbors have experienced years of landfill, landfill, landfill. She spoke about a document regarding the Neville Tract that stated that it would never be used for landfill use. She said that the Neville tract is nothing but a hale in the ground that has been robbed of dirt. She asked far clarification of landfill use in this area. They have lived with a landfill for 25+ years. She asked the elected officials to not do this to them again. Kevin Foy asked about the Neville Tract and Roger Waldon said that this is a borrowing area and that there are no plans to use the Neville Tract far a landfill, but only as dirt harrowing. Chair Halkiatis asked the County staff to consult the landfill staff to see if it is part of the plan to use the silt for the borrowing area. He asked John Link to contact Julie Nunn Snipes about any future plans for the hole in the ground at the Neville Tract. Gary Buck said that he has lived in Orange County for over 25 years. He said that we have all seen this area planned and reviewed many times. He is concerned about the environment and the quality of life in Chapel Hill. He said that we all continue to talk about affordable housing but we keep down zoning the properties. He has 33 acres an Eubanks Road. He feels that the Greene Tract can be developed in high density. His property borders Duke Power, the railroad, a residence, and an easement. He said that it was his understanding that his property was no longer under consideration for a potential school site. He would like clarification on this. He made reference to the Joint Planning Native to Property Owners, area two, number 1, and said that lots 16 and 16a are not on the west side of the tracts, but are on the east side of the tracks and border his 20-acre parcel. He stated that this is a unique opportunity with the location of the property on Eubanks Road to maximize the density in that area, to use the park and ride lot, and to do something about affordable housing. He said that it was easy to have affordable housing within each area of a piece of property. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to forward the proposed amendment to the Joint Planning Area Land Use Plan and Map to the Orange County Planning Board for consideration and a recommendation to come back to the Board of County Commissioners no sooner than June 25, 2001. VOTE: UNANIMOUS Mayor Waldorf noted that there was a memo from Joyce Brown about the Neville and Greene Tracts. A matian was made by Pat Evans, seconded by Edith Wiggins to refer the proposed amendment to the Joint Planning Area Land Use Plan and Map to the Chapel Hill Planning Board for consideration and a recommendation to come back to the Town Council on May 7, 2001. VOTE: UNANIMOUS A matian was made by Diana McDuffee, seconded by Jaal Hall Broun to refer the proposed amendment to the Joint Planning Area Land Use Plan and Map to the Carrboro Planning Board for consideration and a recommendation to come back to the Town Council. VOTE: UNANIMOUS With respect to the Greene Tract, Mayar Waldorf said that she, Mayar Nelson, and Commissioner Carey got together with the managers and worked on how to get through this and developed a framework for a process. She said that it was the County Manager's responsibility to write out the process and bring it forward. 2. JPA-Chapel Hill-Z-1-01 requests the changing of the zoning of a site on Homestead Road from Residential-2 (R-2} to Residential-4-Conditional {R-4-C}. Rezoning requests in the Chapel Hill Transition Area require the approval of the Orange County Commissioners and the Chapel Hill Town Council. Roger Waldon said that the Town of Chapel Hill's development ordinance, which is hereby incorporated by the County by reference for application in the Chapel Hill Transition Areas, has a provision for conditional use zoning. Conditional use zoning allows a property owner to request a rezoning and voluntarily limit the use of the property. If the property is rezoned, development must occur pursuant to approval of a special use permit. For this property, the applicant is requesting this conditional use zoning, which would allow a higher density than four units per acre. The property owner is voluntarily agreeing to a condition that would limit the density to four units per acre. The reason for the rezoning request has to do with floor area ratios, open space, and land use intensity ratios that would allow the development to be clustered. If the rezoning were approved, then a special use permit would follow, which would be reviewed and approved by the Chapel Hill Town Council. He said that the feature that was desirable with this case is that it would allow the design solution that could cluster the density in one part of the site, leaving another part of the site available as open space, recreation, etc. The recommendation of the Orange County Planning Department and the Chapel Hill Planning Department is to approve the rezoning. Commissioner Brown asked several questions, which were answered by Roger Waldon. Commissioner Gordon asked about the process of the rezoning and the special use permit. Roger Waldon said that if something is completely within Chapel Hill's Town limits, a conditional use rezoning request is usually accompanied by a special use permit request. The rezoning has to be approved first and the special use permit second. Mayor Waldorf said that she could not remember a time when the rezoning and the special use permit were not done on the same night. Commissioner Gordon did not understand why the Board of County Commissioners was involved in the rezoning and not the special use permit if they were tied together. Roger Waldon said that it was because the joint planning agreement says that in the transition areas any change in zoning needs the affirmative vote of the Board of County Commissioners and the Town Council. Commissioner Gordon asked about the road to the west that hooks up to the University piece and Roger Waldon said that on the thoroughfare plan it is an arterial road. Public Comment Jack Smyre from Kimley Horn and Associates spoke in support of this rezoning. They are the engineers and planners for this project. He said that what was driving the rezoning request was the floor area issue. The agenda explains that under the current R-2 zoning the floor area would be 850 square feet per unit and going to R-4 would allow about 2,040 square feet per unit. This rezoning allows them to get to a threshold to provide family-oriented housing. Affordable housing will also be provided on 15°10 of this tract as a condition. Commissioner Brown asked for a description of the affordable housing and Jack Smyre said that it would be townhouses for ownership. The townhouses must be owner-occupied. Kevin Foy said that he was glad that affordable housing would be provided. He asked if Kimley Horn was working with the Land Trust and Jack Smyre said yes. Rosemary Waldorf said that before this application was filed, there was a council committee that worked with the applicant. She verified that the affordable housing component is one that does not require a County subsidy. Commissioner Brown asked if there was along-term component to the affordable housing and Jack Smyre said yes. Geoffrey Gledhill said that Robert Dowling has contacted him about using the land trust declaration as the affordable housing component of this project. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to refer this to the Orange County Planning Board for consideration for a recommendation to the County Commissioners. VOTE: UNANIMOUS A motion was made by Pat Evans, seconded by Jim Ward to refer this to the Chapel Hill staff and Planning Board for consideration for a recommendation to the Tawn Council. VOTE: UNANIMOUS D. ADJOURNMENT With no further items to discuss, the meeting was adjourned at 9:00 p.m. The next meeting will be held on April 1 fi at 5:30 p.m. at the Government Services Center in Hillsborough, North Carolina with the Orange County Board of Health to be followed at 7:30 p.m. with a budget work session. Stephen H. Halkiatis, Chair Beverly A. Blythe, CMC