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HomeMy WebLinkAboutMinutes - 08-27-2001APPROVED 1 11 612 0 0 2 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD August 27, 2001 The Orange County Board of Commissioners met on August 27, 2001 at 7:00 p.m. to hold a public hearing on the proposed bond orders. At the conclusion of that portion of the meeting the Orange County Board of Commissioners and the Orange County Planning Board met in the F. Gordon Battle Courtroom in Hillsborough, North Carolina for the Quarterly Public Hearing. COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners Margaret W. Brown, Alice M. Gordon, and Barry Jacobs COUNTY COMMISSIONER ABSENT: Chair Moses Carey, Jr. PLANNING BOARD MEMBERS PRESENT: Nicole Gooding-Ray, Chair and members Barry Katz, Theodore Triebel, Howard McAdams, Crauford Goodwin, Hunter Schofield, and James Selkirk COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig Benedict 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. A. OPENING REMARKS FROM THE CHAIR Chair Halkiotis welcomed everyone to the meeting. He said that Commissioner Brown should be there shortly and that Commissioner Carey was out of town on business and sends his regrets. Commissioner Carey will be viewing the videotape of the public hearing. B. PUBLIC CHARGE Chair Halkiotis read the public charge. C. PROPOSED BOND ORDERS FOR PUBLIC HEARING Chair Halkiotis said that this public hearing is being held to meet legal responsibilities and also to highlight the opportunity of the bond referendum. He said that, in his biased opinion, the County Commissioners have never failed to meet the needs of both school systems in Orange County in a fair and equitable manner. John Link presented information on the proposed bond issue. He said that in the fall and winter the schools and the County identified capital needs of more than $153 million. The Capital Needs Advisory Task Force recommended an $85 million bond to fund the highest priority needs of the schools and the County. The County Manager offered a scenario of $75 million in bond funds plus $19.8 million in alternative financing for priority projects. The alternative financing includes a combination of bond revenue, pay-as-you-go funding (sales tax and impact fees), and bank financing. The components of the November 2001 bond are as follows: $4 million for affordable housing; $4 million for senior centers; $17 to $20 million for parkland, recreation, and open space; up to $3 million in land acquisition and $47 million for schools. The total tax impact of this bond would be 7.1 to 7.5 cents per hundred dollar valuation phased in over three to four years. He then gave some history of past bonds, their impact, and the projects financed by the bond monies. He then summarized what would be included in each component of the November band referendum. The proposed $75 million bond package would address priority school projects by reducing overcrowded situations in our elementary and middle schools, provide modern facilities for senior citizens, increase affordable housing opportunities for all residents, and provide opportunities for the County and Towns to partner in recreational opportunities. Public Comment Mark Dorosin, Carrboro Board of Aldermen, spoke on behalf of the Chapel Hill Tawn Council and the Carrboro Board of Aldermen. He spoke about the parks and open space portions of the bond package that Chapel Hill and Carrboro have put forward, which is the Carrboro greenway development, Carrboro gymnasium site, Smith Middle School park, the Chapel Hill greenway development, Homestead Park aquatic center, and the Southern Community Park. He said that both Boards have approved resolutions that support the recommendations of the 2001 Capital Needs Advisory Task Force as they pertain to the recreation and park bond referendum. He spoke about the items they support for inclusion in this bond issue. All these projects have derived from needs and will serve residents far wider than the individual jurisdictions in which they will be located. He emphasized the inter-jurisdictional nature of this request. Florence Solyts, Chair of the Orange County Advisory Board on Aging, spoke in support of the $4 million senior centers bond issue. She pointed out that the seniors have never benefited by a bond in this County because the last bond for the seniors failed. She said that it was time for the seniors who have supported the schools and the other bands for many years to have their fair share of the bond money in this County. Pete Langdon said that it is heartening to see that the County Commissioners are considering meaningful projects that address the needs of the seniors in the community. He envisions the senior centers placed on a few acres of property, which would allow apartments to be built around them in the future. Theresa Cox, third grade teacher at Hillsborough Elementary School, asked that the Board support the bond that would fund renovations for the Hillsborough Elementary School. Libbie Houah has two children in the Orange County school system. She read a prepared statement. She said that she was eager to hear the response from the Chapel Hill-Carrboro School system about developing programming currently unavailable in both systems and offering it to students countywide. She said that she was proud of the Orange County school board in that they are proactive. She spoke about the condition of Hillsborough Elementary School and how the school board has kept the school in that building to keep from having to ask for more money for new schools. She said that we need all the facilities recommended by the Capital Needs Advisory Task Force in their report. Susan Houck, resident in the Orange County school district, said that she supports funding for all the items on the bond, including affordable housing, a senior center, parkland and open space, and the local school needs. She spoke about her concern that enough money is earmarked for the new middle school for Orange County. She said that the middle schools are above capacity. She made reference to the surplus seats in the Orange County school systems. She said that Orange County schools did not wait until the only high school was double capacity before opening a new one. As a result, it is unavoidable to not have empty seats when the new high school, Cedar Ridge High, opens next year. She likes Dana Thompson's idea about having an international baccalaureate program at Cedar Ridge High to be shared by both school systems because it makes good use of the seats while helping to relieve the crowding that the Chapel Hill School system anticipates at the high school level in the future. Liz Brawn, a parent in the Orange County School district and a rural Chapel Hill resident, said that the real problem here is the rampant residential growth. She said that we should ask ourselves how much is enough. Matthew Freytaa spoke for full funding for the new Orange County middle school. Marinda Martin said that four County Commissioners out of five voted to act now on the four studies of five, which found that the County has an immediate need for a middle school. She said that the County was offering to use the Smith Middle School plan and did not need a school tailor made. She said that an example of inequity between the two school systems is that East Chapel Hill High School was fully funded by bond money. When Orange County Schools entered a high school for the bond, they requested funding for only half of the school using bond funds. The other half was paid for with the next ten years of CIP money. She challenged Chapel Hill-Carrboro Schools to do the same when it comes to any of the schools that are requested. She said that Orange County Schools was only asking for equality. Nicholas Didow read a letter on behalf of the Chapel Hill-Carrboro City School Board, which is in the background material. He said that the board scaled back its bond request, at the direction of the Commissioners, to include the two elementary schools, renovations to the older facilities, and additions to the current high school facilities as part of a transition strategy toward a third high school. The band request totaled $42.8 million. Projections consistently indicate that Chapel Hill-Carrboro Schools will need at least two more elementary schools and an additional high school. The Capital Needs Advisory Task Force recommended that $62.4 million be allocated in the November bond for school needs in bath districts. On June 25t", the Commissioners reduced the total category by more than $15 million to a total of $47 million for both school districts. He believes that the Commissioners have radically altered the letter and spirit of the task force's recommendations by cutting the amount of the school category in the bond referendum. Providing only two elementary schools through the bond referendum does not and will not by itself meet the capital needs of the fast-growing school district. He said that Wane of the other proposed sources of funding could address the need even for just the third high school. He said that it was time for the Commissioners to formally commit to providing funds through alternative financing for justified projects that both school districts have requested beyond those needs that will be addressed within the November 2001 bond. He made reference to the suggestion of sharing school facilities across school districts and said that in January 2001, the two school board chairs established a joint committee to explore ways to develop and share alternative and magnet programs, particularly at the high school level. He supports exploring options for students to voluntarily attend schools across district lines, provided that capacity and other resources are in place. However, he cannot envision a feasible option in place within three ar four years that would entice several hundred to a thousand Chapel Hill-Carrboro City School students to leave their home high schools. He said that short of the Commissioners directing merger, or redrawing the district lines, he does not believe that anyone has the legal authority to assign students to schools outside of their home district. He said that the citizens need to be assured beyond any doubt that the Commissioners are fully committed to meeting all legitimate school facility needs in a timely manner in realistic ways. He requested that the County Commissioners act immediately to determine how all critical needs will be met in a timely manner, as well as the critical needs of the Orange County school district, which he also strongly supports. Val Faushee, Gloria Faley and Teresa Williams gave their time to Nick Didow Judy Margolis thanked the Board of County Commissioners for working with the citizens of Orange County. She read a prepared statement. She spoke about the needs for the Chapel Hill-Carrboro City Schools. She served on the Capital Needs Advisory Task Force. She spoke about the needed renovations of the older schools necessary for health and safety. She said that the task force approved $4.5 million far the renovations. She urged the Commissioners to include this on the bond. She said that Chapel Hill-Carrboro Schools represent 78% of the growth in the County, and the task force believes that school bond allocations should follow that percentage. Also, she would like the Commissioners to continue to work with both systems to standardize how student projections are reported for better consistent planning. She also urged the Commissioners to fully fund the parks and recreation recommendation of the task force. Specifically, she spoke in support of the greenways allocation for Chapel Hill and Carrboro, the aquatic center, Southern Community Park, and lights for the middle school. Susie Wilde has a daughter in Chapel Hill High School. She said that her daughter's English teacher has no room of his own. She said that overcrowding adds one more stress that no teacher needs. Lisa 5tuckey, a parent of three children in the Chapel Hill-Carrboro City Schools, said that her children have been in overcrowded conditions almost every year they have been in school. She has also served on the past two Capital Needs Advisory Task Forces. She endorsed what Nick Didow said. She urged the Commissioners to identify funds, in the bond ar otherwise, to be used for the purchase of land for a third high school site as recommended by the task force. She said that we must move forward now and address this issue without reaching unacceptable levels of overcrowding. She asked the Commissioners for a commitment to proceed with the purchase of a site and funding for pre-construction planning for a third high school in the Chapel Hill-Carrboro School system. Etta Pisano, parent of children in the Chapel Hill-Carrboro City Schools, said that the two elementary schools in the bond are extremely important. She reiterated that the bond does not cover all the needs of the CHCCS. She said that the third high school was needed a lot sooner than 2007. She said that the task force recommended that money be spent for planning and purchasing land for this high school and she does not understand why the recommendation disappeared from the band proposal. She is very upset about this. She wants to know if there is an agenda far a merger. She said that the baccalaureate program did not have enough support at Chapel Hill High Schaal when it was discussed previously. She said that there was no way that students at Chapel Hill High School would go to Orange County. She said that there would be no support for moving kids from one school district to the other. Jill Edens lives in Chapel Hill and said that four years ago, when East Chapel Hill High School opened its doors, the improvement in the quality of experience there was palpable. She said that young people fall through the cracks because the institutions that guide and support their development become too large. She has worked with the At-Risk Youth Task Farce. She said that we do not save money when we fail to build adequate classroom space. She said that she was convinced that there was only one thing mare expensive for the citizens of this County than building a new high school -not building a new high school. Jae Herzenberg, Chair of the Chapel Hill Greenways Commission, spoke in support of greenways. He spoke about how popular the greenways are with the residents in Chapel Hill. He supports the letter sent to the County Commissioners from seven Carrboro and Chapel Hill officials dated August 21~. Robin Robinson spoke on behalf of competitive and recreational swimmers and urged the Commissioners to include the $3.5 million as recommended by the task force for the Homestead Park Aquatic Center. She shared some statistics. The Chapel Hill YMCA has 185 swimmers and the North Carolina Aquatic Center has 150 swimmers. These two clubs have swimmers in the water from three to seven times per week from nine to twelve months of the year. The two high schools in Chapel Hill each have approximately 50 swimmers. She said that swimming is big in Chapel Hill, yet current indoor pool space is inadequate. Bettv Davidson, president of the C. W. Stanford PTSA, and a parent of two children in northern Orange County, spoke in support of the request in the bond issue far a new middle school in Orange County. Currently, there is a 68-seat deficit in the middle schools in Orange County. Four out of five of the student projections indicate that the middle schools will be well over-capacity in 2004. Pearson Stewart, representative of the Chapel Hill area chapter of AARP, spoke in support of the senior center portion of the band issue. He said that every day a considerable number of Chapel Hill residents became senior citizens and their interests and needs are various. Pam Hemminger has four children in the Chapel Hill-Carrboro City Schools and in sports. She spoke in support of the Southern Community Park. She is Chair of the Southern Community Park Planning Committee. She said that there was overcrowding in the fields, specifically in soccer. She spoke about the different possible uses of the proposed Southern Community Park such as fields, roller hockey, disk golf, outdoor amphitheater, etc. She asked the Commissioners to please leave the allocation for this park at $2 million instead of decreasing it to $1 million. Robert Dowling, an advocate for affordable housing, thanked the County Commissioners for their past support of affordable housing in Orange County. He thanked the County Commissioners for the proposal of $4 million in the bond referendum. He offered to lower it to $3.9 million if it would help. Poonam Pande spoke in support of the Homestead Park Aquatic Center. She was speaking on behalf of over 300 citizens from Chapel Hill, Carrboro, and Hillsborough who signed a petition that was submitted to the Tawn of Chapel Hill. She spoke about the need for a warm water pawl available for families, students, and people with disabilities. Marv Jo Sheridan spoke in support of funding far the new Orange County middle school. She also said that she supports the renovation of Hillsborough Elementary Schoal. She said that the campus has a richly textured history deserving the preservation and the honor bestowed an other historic places in Hillsborough. Some of the needs include adequate bathroom facilities, replacement of the heating and air conditioning system, new carpets, etc. She asked for bond funds to be allocated to renovate this facility. Terri Tvson said that she lives in Chapel Hill with four children under the age of 10. She was recently appointed to the Chapel Hill Parks and Recreation Commission and the bond education committee. She strongly supports full funding of the Southern Community Park. She said that Southern Community Park would be a goad place for a soccer field to serve the booming Latino population in Carrbora. She urged the Commissioners to also consider the importance of a third high school in Chapel Hill. Alice Joyce works far Mayor Rosemary Waldorf. She was representing Mayor Waldorf and all the members of the Chapel Hill Town Council because they had a regular meeting tonight. Mayor Waldorf particularly asked her to emphasize that far the two parks -Homestead Park Aquatic Center and Southern Community Park -the work has already been started. In both instances the land is available and some of the work has already been done. She asked for bond funding far both of the parks. Scott Madry spoke about the changes in Chapel Hill over the past few years and asked for full funding far the Southern Community Park in Chapel Hill. He said that a committee has made great progress on this park. There is a huge need for recreational facilities in the southern end of the County. He said that this park would serve many communities. Matthew Barton spoke on behalf of the parents of McDougle Elementary Schoal. He asked that the County Commissioners fully fund the two Elementary Schools for Chapel Hill-Carrbora City Schools and to fully fund the need far a third high school. Susan Attermier is a physical therapist and spoke in support of a warm water facility far the proposed Homestead Park Aquatic Center. She has seen many benefits of working with patients in warm water. She said that many types of people could benefit greatly from exercising in the warm water. She supports the notion of a dual pool for lap swimmers and recreational swimmers. Dorothy Verkerk, Chair of the Chapel Hill Bicycle and Pedestrian Board and mother of a sixth grader and two kindergartners, spoke in support of bond funds far schools as well as open space. She said that the state is currently spending $35,000 per parking space in a parking deck and that in comparison the school amounts are more modest. She said that the Capital Needs Advisory Task Farce recommendations should be fully funded. John Anderson spoke as a senior citizen, a grandfather of children in the school system, and a member of the Chapel Hill Recreation and Parks Board. He asked far the $20 million in funding far parks and recreation. He is also in support of funding for schools and the senior centers. Mark Sheridan spoke about the need far soccer fields in the County. He encouraged the Commissioners, commending them for their hard work, to continue to look at the recreational activities in the County and to continue to strive to equitably distribute the funds as the population suggests. Barry Starrfield spoke in support of full funding for all of the parks in the County. He would like for same of the money that is paid in taxes to go to things that will benefit everyone. Ann Joyner spoke in support of money in the bond issue to fund renovations to the Hillsborough Elementary School. She said that $0% of her neighborhood chooses to send their children to Hillsborough Elementary School because they think that it is the best school in the County. She said that her daughter has been diagnosed as exquisitely allergic because she has a chronic bloody nose. Duke says that it is because of Hillsborough Elementary and the mold that is there. She urged the Commissioners to support the improvements at Hillsborough Elementary. She also voiced her support for Spanish classes in all of the elementary schools and for a consolidated school system. Rick Kennedy is a parent of three children in the Orange County Schools. He said that he has no argument for a third high school in Chapel Hill, but this should not be taken out on the students attending Orange County Schools. He said that if the middle school is not in the bond, then that is what is going to happen. Carolyn Miller, parent of three children in the Chapel Hill-Carrboro City Schools, asked that the County Commissioners appropriate money from the bond issue for a new high school for Chapel Hill-Carrboro City Schools. She also spoke in support of soccer fields. Noah Ranells asked that parkland and open space be fully funded. He supports activities for all people in greater Orange County rather than Carrboro and Chapel Hill. He spoke about the cost of development and that the tax dollars are not really balanced in terms of the benefits of rural agricultural landowners and their families. He asked the Commissioners to try and balance growth in the County. He said that a specific opportunity is an environmental/agricultural center that serves the whale County. Norm Gustaveson endorsed affordable housing, senior centers, schools, and parks and open space. He greatly supports farmland preservation and land acquisition. Annette Jurgelski spoke on behalf of the Orange-Chatham Sierra Club. She is also a member of the Commission for the Environment. She spoke in support of open space. Susan Halkiotis, a member of the Orange County Board of Education, said that Orange County Schools received same late breaking projections that blindsided everyone. She said that the numbers for the bond referendum are also blindsiding and make checking and double-checking with the school staff nearly impossible. She spoke about Hillsborough Elementary School and the board's decision to keep the building open for the community. She said that the children have done so well because of the wonderful staff and parents. She said that the building is by no means adequate. Far example, the fourth and fifth graders have one bathroom for aver 150 children. She said that she is afraid that the building was kept open at the expense of lasing a new middle school. Dana Thompson, a member of the Orange County Board of Education, said that she supports senior centers, affordable housing, parks and recreation, and the schools. She assured the County Commissioners that the board members would be out there publicly supporting the other needs in the bond referendum. She reiterated that the paint of bringing up the proposal of shared space was not to say that a high school was not needed in Chapel Hill, but to be willing to work and smooth the process along. The board does think that a new middle school is needed in Orange County before a high school is needed in Chapel Hill. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS D. PUBLIC HEARING ITEMS 1. Orange County Stormwater Program for Lands within the Neuse River Basin a. Adjust fines to State minimum levels in order to receive delegated authority b. Make regulatory language more specific Planning Director Craig Benedict made this presentation. In order to comply with NCAC 15A 2B.0233 Item 12: `Requirements Specific to Local Governments with Stormwater Programs far nitrogen Control,' Orange County has two options for protecting riparian buffers within the Neuse Basin. These are explained in the agenda abstract. Impacts that would require submittal to the Division of Water Quality before any approvals could be issued by the County include driveway crossings that disturb greater than 25 linear feet of the buffer, bridges, greenway trails, utilities, ponds and road crossings. The Stormwater Ordinance amendments conform to requirements by NCDENR-Division of Water Ouality, the Environmental Management Commission and the NC Administrative Code, rules 15A 2B .0233 and .0241. These changes are the result of the State Attorney General's office extensive review, NCDENR-DWQ staff enforcement experience and the recommendations of Harmony Whalen. There were no public comments. A motion was made by Commissioner Jacobs, secanded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacabs, secanded by Commissioner Brawn to place this item on an upcoming Board of County Commissioners' agenda during which planning matters are considered. VOTE: UNANIMOUS 2. Soil Erosion and Sedimentation Control Ordinance Amendments a. Changes minimum thresholds for grading permits in the Cane Creek and Upper Eno Watersheds Craig Benedict said that the proposed change is an update to the maps. The updates include the Upper Eno and Cane Creek watersheds and reduce the threshold for required land disturbance permits from 20,000 square feet to 10,000 square feet. There were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to place this item on an upcoming Board of County Commissioners' agenda during which planning matters are considered. VOTE: UNANIMOUS 3. ORANGE COUNTY SUBDIVISION AMENDMENTS a. Modify Section IV-B-3 Streets 1. Amend Section IV-B-3-a provision of streets rights-of-way 2. Amend Section IV-B-3-b Craig Benedict distributed new language for these subdivision amendments. He said that these amendments have to do with clarifying provisions for street rights-of-way and also a coordinated street system within subdivisions. He distributed documents with the proposed language changes and read through the changes. Nicole Gooding-Ray, Chair of the Planning Board, asked far an explanation of the last paragraph in Section IV-B-3-b. Craig Benedict said that "private streets" was included in the lead in paragraph and the staff did not believe it was necessary to put it in the last paragraph since same subdivisions include private streets and some include public streets. Commissioner Gordon asked how staff would review proposals differently now from what they had previously and how this would affect Commissioner deliberations. Craig Benedict said that there would be better guidance and a recommendation could be made to the Planning Board and Commission with a clear coordinated street system. There were no public comments. A motion was made by Commissioner Jacobs, secanded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 2, 2001. VOTE: UNANIMOUS b. Amend Flexible Development Street Standards 1. Amend Section IV-B-10 D.4 Craig Benedict said that the County Commissioners on October 10, 2000, adopted amendments to the Orange County Subdivision Regulations, Appendix A Orange County Private Road Standards, to reduce the number of lots on a private road from 25 to 12; eliminate the class C private road provision; and to reduce the number of lots on a class B private road from 9 to 5. Street standards (Subsection D.4) in Section IV-B-10 Flexible Development that mimic language in the Orange County Private Road Standards are now not consistent with the newly adopted amendments. Proposed amendments will make Section IV-B-10 D.4 consistent with Appendix A Orange County Private Road Standards. There were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 16, 2001. VOTE: UNANIMOUS 4. ORANGE COUNTY ZONING ATLAS AMENDMENT a. Zoning Atlas Amendment to rezone from EC-5 to R-1 Craig Benedict made this presentation. This item is a request from a private citizen, Ann Joyner, far a zoning atlas amendment from an EC-5 (Existing Commercial district 5 property) to an R-1 category (Rural Residential). The property owners are listed in the abstract. The size of the parcel is 1.05 acres. The property is located on the west side of Dodson's Crossroads. He said that EC-5 designations were added to the map when zoning went into effect in the various townships. There are approximately 75 EC-5 designations because they did not conform to an area that would typically be applicable for a commercial use. The zoning atlas amendment is nestled within a subdivision change, which is not the topic of the public hearing. There is another request with a suggestion to put a residence on lot 1 of the Blueberry Hill subdivision along with the extinguishing of the EC-5 to the R-1. The interesting point about this lot is that when it was recorded in 1986, it was shown as a private park. A homeowner's association was not developed so there is some question about the purpose of the private park. Ann Joyner said that she feels that the EC-5 designation is inconsistent with the surrounding areas and removal of the zoning district from this residential and farming area is a reasonable action. However, the zoning officer's recommendation that this be done for the private park purposes as shown on the Board of County Commissioners' approved preliminary plat and existing recording plat of Blueberry Hills subdivision has nothing to da with her request. She requested the zoning change to only go fonrvard if it could be simultaneous with removing the park designation. She asked the County Commissioners to approve the petition to rezone to R-1 without reference to the private park. She said that this problem arose originally because of a mistake that she made in 1986. She said that the reason the words, "park, private" were put in there was to buffer the EC-5 parcel because at that point they envisioned using it as commercial and wanted to buffer it and she did not know the difference between open space and park. She added that the County did not request the park designation. There are signed affidavits from all of the lot owners in the subdivision saying that they have no rights to the park. She has been paying $492 per year in taxes an this lot with which they can do nothing because of the park designation. Craig Benedict said that no action would be taken on this but that it would be referred to the Planning Board and would not be returned to the Board of County Commissioners until approximately November 20, 2001. Commissioner Jacobs asked why the warding had to include "for private park purposes." Craig Benedict said that he would discuss this with the County Attorney to work out the warding. County Attorney Geoffrey Gledhill said that this is an application for a change from EC-5 to R-1, which means that any use allowed in the R-1 district could be accomplished. This is not a special use zoning. Commissioner Jacobs would like to see the Planning Board and Board of County Commissioners minutes from 1986 when this subdivision was approved. Commissioner Gordon asked for a list of the pros and cons of going from EC-5 to R-1 or not. Commissioner Brawn asked for the ultimate plan for the use of the property. Ann Joyner said that they hope to use the lot to build a house. She said that the lot was not a park and never has been a park, but a buffer around the EC-5, given the EC-5 use. Without the EC-5 use, there is no reason to have the open space around it. She said that since 1986, they have been paying valuations on this properly as if it were an R-1 lot. Craig Benedict asked if the taxes had been assessed because there was an EC-5 on the lot. Ann Joyner said that, according to the tax office the property was simply taxed as an R-1. She said that she was going through the process that was advised to her in March, after asking since last October what she should do. James Selkirk, a member of the Planning Board, asked if the Planning Board was going to deal with both questions -change in zoning from EC-5 to R-1 and the change in the subdivision regulations removing the park designation. Craig Benedict said that the Planning Board would deal with both questions. Geoffrey Gledhill said that the rezoning decision was a legislative one and none of the subdivision history has anything to do with the decision about whether to rezone the property. He said that he would send something in writing. The only question before the Board tonight is whether the change in the zoning from EC-5 to R-1 is appropriate with respect to the zoning of land in Orange County. He further advised the Board to ignore all of the history of this subdivision in making that decision. Nicole Gooding-Ray said that it would seem prudent to take up the subdivision question after the rezoning question. Geoffrey Gledhill said that he did not know whether you could build a house an lot 1 in the area zoned R-1. John Link volunteered to work with the County Attorney and the Planning staff to come forward with a cogent proposal. There were no comments from the public. A motion was made by Commissioner Brawn, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than November 20, 2001. VOTE: UNANIMOUS 5. ADJOURNMENT With no further items for the County Commissioners to consider, a motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS The next meeting is scheduled for August 30, 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