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HomeMy WebLinkAboutORD-2001-002 Resolution Approving an Ordinance for a Time Period Extension for the EDD Moratorium Area near 1-40/Old N.C. 86 and I-85/Old N.C. 86~`Q,~~ ~o~f_oc~ ~ I- 1~-o f A RESOLUTION TO ADOPT AN ORDINANCE OF THE ~ C ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS An Ordinance Establishing a Three (3) month Moratorium on Development Applications in the Economic Development Districts (EDD's) located in Orange County, North Carolina at the I-40/Old NC 86 intersection, the I-40/NC 86 intersection and including other areas nearby as designated on the attached maps. WHEREAS, it is appropriate for Orange County to study the potential impacts of development in certain areas designated and/or exhibiting the potential for designation as Economic Development Districts within Orange County's zoning jurisdiction; and WHEREAS, it is appropriate for Orange County to consider the appropriate scope of regulation for development in areas designated for economic development within Orange County's zoning jurisdiction; and WHEREAS, a subcommittee consisting of two (2) Town of Hillsborough Board of Commissioners members, two (2) Orange County Board of Commissioners members, the Planning Directors for both the Town of Hillsborough and Orange County, and the Orange County Economic Development Director have met for ten (10) months beginning in February of 2000 to study this issue; and WHEREAS, a public hearing was held on December 12, 2000 to provide for staff report and analysis and public input; and WHEREAS, a Moratorium to study development issues in the axeas designated on the attached maps is in the best interest of the citizens of Orange County. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. From and after the effective date of this ordinance for a period of three months, the Orange County Planning Department shall not process applications for subdivision approval, site plan approval or special use permit approval for developments within that portion of the Economic Development Districts (EDD's) located at the I- 40/NC 86 intersection, the I-40/Old NC 86 intersection and other areas as designated on the maps attached and made a part of this ordinance that are located in the Orange County planning jurisdiction, unless such applications have been accepted and the fees associated with such applications have been paid prior to the effective date of this ordinance. Section 2. For purposes of Section 1 of this ordinance, a development application shall be accepted if the applicant has submitted all of the information required by the Orange County Zoning Ordinance and/or the Orange County Subdivision Regulations as determined by the Zoning Officer. Section 3. For purposes of Section 1 of this ordinance, the required fees are those established for the applicable permit application by the Orange County Board of Commissioners. Such fees shall be paid by the applicant and accepted by Orange County only after the application has been accepted in accordance with Section 2 of this ordinance. Section 4. All provisions of any Orange County ordinance in conflict with this ordinance are repealed from the effective date of this ordinance and for its duration. Section 5. This ordinance shall become effective on January 18, 2001. Upon motion duly made by Mar~aret W. Brown, and duly seconded by Barry Jacobs the foregoing Ordinance was duly adopted by the Orange County Commissioners at a meeting held on the 18~` day of January, 2001. Ayes: Commissioners Brown. Gordon. Halkiotis and Jacobs Noes: NONE Absent or Excused: Carev I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on January 18, 2001, said record having been made in Minute Book No. 29 of the minutes of said Board, and is a true copy of so much of said proceedings of said Board as relates in any way to the matters described in said proceedings. WITNESS my hand and the corporate seal of said County, this the 20~' day of Januarv 2001. Beverly A. lythe Clerk to the Board of Commissioners v.~~ - ~~~ l - ~o ~ ! ~ l ~ - r~ f c. Resolution Approvinq an Ordinance for a Time Period Extension for the EDD 9G Moratorium Area near 1-40/Old N.C. 86 and I-85/Old N.C. 86 The Board considered extending the moratorium on development in the I-40/I-85/Old N.C. 86 until April 18, 2001. Planning Director Craig Benedict said that there was a six-month moratorium in effect from June 29, 2000 to the latter part of 2000. The EDD task force met to discuss the need to extend the moratorium for another three months. This was brought to public hearing on December 12, 2000. It was then brought to the Orange County Planning Board last week and they unanimously approved the extension of the moratorium. Some of the discussions at the Planning Board meeting had to do with whether the work could be finished within three months. The regulatory changes will go to public hearing on February 26`n Commissioner Jacobs said that at the last EDD meeting, the task force talked about the EDD manual and how that needs to be streamlined. He said that the task force also discussed the approval process for development. The property that still needs work includes the west side of Old N. C. 86. The task force still has not finished defining the different mix of uses within different parts of the EDD. He said that the task force feels confident that they will be ready to move on to other matters by the time the moratorium expires. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the staff input, public input, and Planning Board action into the public hearing records and approve the moratoria extension to April 18, 2001; and to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION TO ADOPT AN ORDINANCE OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS An Ordinance Establishing a Three (3) month Moratorium on Development Applications in the Economic Development Districts (EDD's) located in Orange County, North Carolina at the I- 40/Old NC 86 intersection, the I-40/NC 86 intersection and including other areas nearby as designated on the attached maps. WHEREAS, it is appropriate for Orange County to study the potential impacts of development in certain areas designated and/or exhibiting the potential for designation as Economic Development Districts within Orange County's zoning jurisdiction; and WHEREAS, it is appropriate for Orange County to consider the appropriate scope of regulation for development in areas designated for economic development within Orange County's zoning jurisdiction; and WHEREAS, a subcommittee consisting of two (2) Town of Hillsborough Board of Commissioners members, two (2) Orange County Board of Commissioners members, the Planning Directors for both the Town of Hillsborough and Orange County, and the Orange County Economic Development Director have met for ten (10) months beginning in February of 2000 to study this issue; and WHEREAS, a public hearing was held on December 12, 2000 to provide for staff report and analysis and public input; and WHEREAS, a Moratorium to study development issues in the areas designated on the attached maps is in the best interest of the citizens of Orange County. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. From and after the effective date of this ordinance for a period of three months, the Orange County Planning Department shall not process applications for subdivision approval, site plan approval or special use permit approval for developments within that portion of the Economic Development Districts (EDD's) located at the I-40/NC 86 intersection, the I-40/Old NC 86 intersection and other areas as designated on the maps attached and made a part of this ordinance that are located in the Orange County planning jurisdiction, unless such applications have been accepted and the fees associated with such applications have been paid prior to the effective date of this ordinance. Section 2. For purposes of Section 1 of this ordinance, a development application shall be accepted if the applicant has submitted all of the information required by the Orange County Zoning Ordinance and/or the Orange County Subdivision Regulations as determined by the Zoning Officer. Section 3. For purposes of Section 1 of this ordinance, the required fees are those established for the applicable permit application by the Orange County Board of Commissioners. Such fees shall be paid by the applicant and accepted by Orange County only after the application has been accepted in accordance with Section 2 of this ordinance. Section 4. All provisions of any Orange County ordinance in conflict with this ordinance are repealed from the effective date of this ordinance and for its duration. Section 5. This ordinance shall become effective on January 18, 2001. VOTE: UNANIMOUS d. Authorization for OWASA to Neqotiate. Purchase and Acauire Construction Easements for the Roaers Road Waterline Proiect The Board considered authorizing OWASA to begin the process of placing waterlines in the Rogers Road area. County Engineer Paul Thames explained that the critical piece in this project was the authorization for OWASA to acquire the necessary easements across private property for the waterlines. The staff is hoping to have a contractor for this project around the first of March. The estimated cost is less than $30,000 for easement acquisition. Commissioner Gordon asked about the interlocal agreement and when it would be finalized. Geof Gledhill said that it would be ready before the contract for construction is awarded in March. The Commissioners would like to have enough time to study the interlocal agreement before construction begins on this project. Commissioner Halkiotis asked for a report in writing about the December meeting of the Solid Waste Advisory Board. There will be a community meeting on January 25, 2001 for the residents in the Rogers Road community. It will be an informational meeting. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to authorize OWASA to negotiate the acquisition of easements and to make payments, reimbursable from the Rogers Road Waterline project account, as necessary to acquire those easements. VOTE: UNANIMOUS 10. REPORTS - NONE 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION - NONE 13. ADJOURNMENT With no further items for the County Commissioners to discuss, a motion was made by Commissioner Gordon, seconded by Commissioner Brown to adjourn the meeting at 10:14 p.m. VOTE: UNANIMOUS fV - Commissioner Brown said that she supports having elected officials on this task force. The municipalities could appoint an elected official or they could appoint a designee. She does not have any feelings about whether or not to have Mebane send a representative. She has a concern about breaking out in subcommittees. She feels it is important that everyone understand all the needs. Commissioner Gordon asked what the role of the task force would be. She asked if the task force would formulate a capital improvement plan. She sees the task force as a neutral group that would give a citizen's view of the CIP. Chair Halkiotis said that a clear expectation from the very beginning is that the Board of County Commissioners will make the final decision on what will be included on the bond issue. He would rather have elected officials on the task force so they can have some input. Commissioner Jacobs said that he feels comfortable having elected officials on the task force or giving them the option of appointing someone else. He also would like to have two County Commissioners on the task force to co-chair the meetings. Commissioner Gordon feels that the Board of County Commissioners needs to discuss building a community college before the issue is given to the task force. Also, justice facilities need to be discussed by the County Commissioners before going to the task force. John Link said that there would be a report on a possible Durham Tech campus in Orange County on January 29th. Commissioner Gordon supports not having subcommittees. Without the subcommittees the group could be larger. The suggested number of 15 plus three elected officials from the towns and two County Commissioners would be a total of 20 members. Commissioner Jacobs would also like to invite Mebane. A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve the charge to, and composition of, the Capital Needs Advisory Committee; and direct staff to arrange for the services of a qualified facilitator. This includes the four elected officials and the two County Commissioners. VOTE: UNANIMOUS C. 'Resolution Approving an Ordinance for a Time Period Extension for the EDD Moratorium Area near 1-40/Old N.C. 86 and 11-85/Old N.C. 86 The Board considered extending the moratorium on development in the 1-40/1-85/Old N.C. 86 until April 18, 2001. Planning Director Craig Benedict said that there was a six-month moratorium in effect from June 29, 2000 to the latter part of 2000. The EDD task force met to discuss the need to extend the moratorium for another three months. This was brought to public hearing on December 12, 2000. It was then brought to the Orange County Planning Board last week and they unanimously approved the extension of the moratorium. Some of the discussions at the Planning Board meeting had to do with whether the work could be finished within three months. The regulatory changes will go to public hearing on February 26th. Commissioner Jacobs said that at the last EDD meeting, the task force talked about the EDD manual and how that needs to be streamlined. He said that the task force also discussed the approval process for development. The property that still needs work includes the west side of Old N. C. 86. The task force still has not finished defining the different mix of uses within different parts of the EDD. He said that the task force feels confident that they will be ready to move on to other matters by the time the moratorium expires. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the staff input, public input, and Planning Board action into the public hearing records and approve the moratoria extension to April 18, 2001; and to approve and authorize the Chair to sign the resolution as stated below: A RESOLUTION TO ADOPT AN ORDINANCE OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS I An Ordinance Establishing a Three (3) month Moratorium on Development Applications in the Economic Development Districts (EDD's) located in Orange County, North Carolina at the I- 40/01d NC 86 intersection, the I-40/NC 86 intersection and including other areas nearby as designated on the attached maps. WHEREAS, it is appropriate for Orange County to study the potential impacts of development in certain areas designated and/or exhibiting the potential for designation as Economic Development Districts within Orange County's zoning jurisdiction; and WHEREAS, it is appropriate for Orange County to consider the appropriate scope of regulation for development in areas designated for economic development within Orange County's zoning jurisdiction; and WHEREAS, a subcommittee consisting of two (2)Town of Hillsborough Board of Commissioners members, two (2) Orange County Board of Commissioners members, the Planning Directors for both the Town of Hillsborough and Orange County, and the Orange County Economic Development Director have met for ten (10) months beginning in February of 2000 to study this issue; and WHEREAS, a public hearing was held on December 12, 2000 to provide for staff report and analysis and public input; and WHEREAS, a Moratorium to study development issues in the areas designated on the attached maps is in the best interest of the citizens of Orange County. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. From and after the effective date of this ordinance for a period of three months, the Orange County Planning Department shall not process applications for subdivision approval, site plan approval or special use permit approval for developments within that portion of the Economic Development Districts (EDD's) located at the 1-40/NC 86 intersection, the 1-40/Old NC 86 intersection and other areas as designated on the maps attached and made a part of this ordinance that are located in the Orange County planning jurisdiction, unless such applications have been accepted and the fees associated with such applications have been paid prior to the effective date of this ordinance. Section 2. For purposes of Section 1 of this ordinance, a development application shall be accepted if the applicant has submitted all of the information required by the Orange County Zoning Ordinance and/or the Orange County Subdivision Regulations as determined by the Zoning Officer. Section 3. For purposes of Section 1 of this ordinance, the required fees are those established for the applicable permit application by the Orange County Board of Commissioners. Such fees shall be paid by the applicant and accepted by Orange County only after the application has been accepted in accordance with Section 2 of this ordinance. Section 4. All provisions of any Orange County ordinance in conflict with this ordinance are repealed from the effective date of this ordinance and for its duration. Section 5. This ordinance shall become effective on January 18, 2001. VOTE: UNANIMOUS d. Authorization for OWASA to Negotiate, Purchase and Acquire Construction Easements for the Rogers Road Waterline Project The Board considered authorizing OWASA to begin the process of placing waterlines in the Rogers Road area. County Engineer Paul Thames explained that the critical piece in this project was the authorization for OWASA to acquire the necessary easements across private property for the I waterlines. The staff is hoping to have a contractor for this project around the first of March. The estimated cost is less than $30,000 for easement acquisition. Commissioner Gordon asked about the interlocal agreement and when it would be finalized. Geof Gledhill said that it would be ready before the contract for construction is awarded in March. The Commissioners would like to have enough time to study the interlocal agreement before construction begins on this project. Commissioner Halkiotis asked for a report in writing about the December meeting of the Solid Waste Advisory Board. There will be a community meeting on January 25, 2001 for the residents in the Rogers Road community. It will be an informational meeting. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to authorize OWASA to negotiate the acquisition of easements and to make payments, reimbursable from the Rogers Road Waterline project account, as necessary to acquire those easements. VOTE: UNANIMOUS 10. REPORTS - NONE 11. APPOINTMENTS - NONE 12. MINUTES - NONE 13. CLOSED SESSION - NONE 13. ADJOURNMENT With no further items for the County Commissioners to discuss, a motion was made by Commissioner Gordon, seconded by Commissioner Brown to adjourn the meeting at 10:14 p.m. VOTE: UNANIMOUS The next meeting is scheduled for January 29, 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