Loading...
HomeMy WebLinkAboutMinutes - 19970224 1 APPROVED APRIL 1, 1997 ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING FEBRUARY 24, 1997 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session on Monday, February 24, 1997 at 7:30 p.m. in the Superior Court Room, Hillsborough, North Carolina, for the purpose of holding a joint public hearing. ORANGE COUNTY COMMISSIONERS PRESENT: Chair William Crowther, and Commissioners Stephen Halkiotis, Alice M. Gordon, Margaret W. Brown and Moses Carey, Jr. ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair Karen Barrows, and members H. Paul Hoecke, Nell Andrews, Renee Price, S.A.M. Brooks, Leo Allison, Elizabeth Walters, Joan Jobsis, and Arnie Katz. ORANGE COUNTY PLANNING BOARD MEMBER ABSENT: Robert Strayhorn _COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Planners Gene Bell, Mary Willis, Emily Cameron, Eddie Kirk and Deputy Clerk to the Board Kathy Baker NOTE: ALL DOCUMENTS REFERRED TO IN THEE MTNMES AM IN THE PERMANENT AGENDA FILE IN TM CLERK'S OFFICE, AU RECORDING TAPES QF THE MEETING WILL BE KEPT FOR FIVE -JSL YEARS. A. OPENING REMARKS FROM THE CHAIRMAN Chair Crowther convened the meeting and requested that those who want to speak to sign up on the speakers list. He stated that the Chair of the Planning Board, Karen Barrows, would chair Items C1 through C3. B. UP BLIC CHARGE Chair Crowther dispensed with the reading of the Public Charge. C. PUBLIC HEARING ITEMS = Planning Boar h it Karen Barrows. Chaired the following items. 1. Comprehensive Plan Amendment kM P-1-97 Stoney Creek Eaah Small Area Plan 1) Section 3.3- Land Use Plan Categories 2) Section 3.4- Locational Criteria 3) Section 3.9-Hillsborough Township 4) Section 3.10- Eno Township 5) Section 3.12-Chapel Hill Township 6) Appendix F-Stoney Creek Basin Small Area Plan Map Gene Bell presented this item for the purpose of receiving citizen comment on the proposed amendments to the Land Use Element of the Comprehensive Plan,Zoning Atlas, Zoning Ordinance and Subdivision Regulations. Those items in the agenda are numbered as 1a, 2.b, 3a&4a. He mentioned that a public hearing was held on May 28, 1996 to present the proposed Stoney Creek Basin Small Area Plan. The plan emphasized retaining the area's rural character and protecting landowner's rights and also contained recommendations for implementation. The Board of County Commissioners adopted the small area plan on August 5, 1996. Following adoption,the 22 member citizen planning group worked with county staff to develop proposed ordinance amendments for implementation of the plan. The proposed amendments would: • Incorporate appropriate references to the Stoney Creek Basin Small Area Plan in the Comprehensive Plan (CP-1-97); • define the Overlay District boundaries on the Zoning Atlas(Z-2-97) • create a Stoney Creek Basin Overlay Zoning District; and 2 • modify Flexible Development provisions in the Subdivision Regulations as applied to the District to provide consistency between the Zoning Ordinance and Subdivision Regulations COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: Lee Rafalow, a member of the Stoney Creek Basin Small Area Committee, said that this group's effort could be used as a model for other Small Area Plans. He complimented Gene Bell on the work that he did with this Committee. He endorsed the plan in general, but he requested that several areas be reviewed again by the Planning Board along with several members of the Stoney Creek Committee. He mentioned in particular that there was a concern about the setback options for the Village Option. Several members felt that the commercial center of the Village Option should be buffered and set back so as not to be visible from the road. They had come up with recommendations which would encourage that outcome. Cheri Rosemond, a resident of the Stoney Creek Basin area, appreciated being notified about this being an agenda item. She is concerned about the possibility that the Stoney Creek Planning process as well as the regular Flexible Development Plan process could go forward without notification to the local homeowners. She would very much like to have homeowners notified when items impacting their neighborhood come before the Planning Board. She also requested information regarding the 30 acre park that was mentioned as a part of another development. She hoped that if a similar situation existed in the Stoney Creek Basin the residents would be notified and the County would work with the landowners about how the park would be developed and used. County Manger John Link indicated that the Master Plan for Recreation and Parks would be revisited by the Board of Commissioners in the near future. At that time they will be asked to appoint a committee to review the current plan. A part of that review would certainly be to include the area residents in discussion and planning. A motion was made by Commissioner Carey, Jr., seconded by Commissioner Gordon, to refer the proposed amendments(C1a, 2b, 3a, &4a)to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1997. VOTE: UNANIMOUS 2 Zoning Atlas Amendments W.l Z-1-97 Car den's B-QjdX and Paint Service This item was presented by Mary Willis for the purpose of receiving citizen comment on a rezoning proposal of the Planning Staff to correct an error in the Zoning Atlas. The properties are located on the east side of NC 157 between Wagoner Dairy Road and Blalock Road. The rezoning involves two contiguous parcels: Tax Map No.1.10..10G at 7700 NC 157, containing 2.02 acres and owned by Charlie and Jeroline Mangum; and Tax Map No. 1.10..10G at 7709 NC 157, having 10.97 acres and owned by William H. Carden, Jr. (Carden's Paint and Body Service). COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Carey, Jr.,to refer the proposed Zoning Atlas amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1997. VOTE: UNANIMOUS Z-2-97 Stoney Creek RaSin Overlay Distri This item was heard concurrent with Item C1(a). Zonina Ordinance Text Amendments j Stoney Creek Basin Small Area Plan 1) Article 4.2.32-Stoney Creek Basin Overlay District 3 2) Article 6.30 Extra Requirements for the Stoney Creek Basin Overlay District This item was heard concurrent with Item C1(a). 11 Golf Courses 1) Article 4.3 Permitted Use Table 2) Article 6.16.10 Additional Requirements for Certain Permitted Uses Recreational Facilities(Profit/Non-Profit): Golf Club and Golf Country club. 3) Article 6.23 Watershed Protection Overlay Districts 4) Article 22 Definitions-Golf Course 5) Article 8.8.7 Special Uses(Golf Courses) This item was presented by Emily Cameron for the purpose of receiving citizen comment on proposed amendments to the Zoning Ordinance to include standards for golf courses. On August 20, 1996, the Board of Commissioners adopted a charge and appointed members to the Golf Course Amendment Review Task Force (Golf CART). The Golf CART began meeting in September 1996 and continued its work through February of 1997. At the end of December, a draft was distributed to 27 agencies and individuals for review and comment, including the Institute of Government, state agencies involved with water quality and pesticide regulations, the Recreation and Parks Advisory Council, the US Golf Association, the National Association of Counties, US Environmental Protection Agency, the Golf Course Superintendents Association of America, the American Society of Golf Course Architects, and the Center for Resource Management. Twelve responses were received. Written comments were part of the agenda packet. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commissioner Gordon mentioned that the Permitted Use Table previously allowed Golf Courses as a matter of right in more districts than the current table does including commercial districts. She felt that it would make sense to allow golf courses in some of those districts by Special Use Permit. She requested that the Planning Board discuss this further. Ms. Cameron mentioned that the debate was lengthy on this issue. The end point of the discussion was that the CART members were attempting to be consistent with the description of the districts. At the same time, in a practical sense,the acreage is limited for the commercial uses. The possibility of undeveloped existing commercial land existing which could be used for a golf course development where it would not already be permitted is very unlikely. She assured Commissioner Gordon that the Planning Board would revisit this issue. Commissioner Brown requested clarification on Attorney Gledhill's comments regarding pesticides. Ms. Cameron mentioned that there is a section in the NC General Statutes that preempts local jurisdictions from adopting regulations which would address, in any way,the applications to use or store pesticides. It is very specific with regard to the limit it puts on local jurisdictions. The CART included information in the initial draft regarding pesticide use, safety, notification, storage areas, etc., primarily for information. Because of the General Statutes they were required to delete them from the initial draft of this document. COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None. COMMENTS AND/OR QUESTIONS FROM CITIZENS: Allen Spalt, a member of the CART Committee,thanked Emily Cameron for the excellent staff support that she provided to the group. He mentioned that this group was not anti-golf and, in fact,the golf interest was well represented. The goal of this group was to regulate, not prohibit, golf courses. He requested that the Board of Commissioners seek to repeal the State's preemption provision regarding pesticides. This group had agreed to several provisions which would have further protected against the negative effects of pesticides. He felt that this purging was unfortunate and weakened the proposed Ordinance. He stated that there is a real need for voluntary compliance with higher standards. Finally, he mentioned that the Audubon Certification known as"Audubon Cooperative Sanctuary System" does not actually place any restrictions on golf course operations. He requested that the Commissioners maintain oversight control. His comments in their entirety are in the permanent agenda file in the Clerk's office. Kent Scott commented that he actually had come prepared to discuss the Audubon International Certification. He mentioned that he has had several discussions with Ronald Datsun,with Audubon International,who sent him information, including a video tape. He felt that it was potentially a very good program and requested that the Board of Commissioners 4 read the material and watch the video. The Audobon International actually works with new construction of golf courses for a substantial fee. They also work with the staff of the courses to assure that they understand how to maintain the courses without damaging the environment. He felt that using this company could be a good way to maintain a high standard without having to hire an engineer to handle the job. Rick Robbins, a member of the Golf CART, mentioned that he supported the recommendations of this committee. He felt that golf courses are a very good use in industrial and commercial areas. They help to buffer other uses. The fact that Orange County does not have any large, unused commercial areas, is no reason to delete them from the Use Tables. Zoning does change and they are not a bad use in those areas. Golf Courses are sometimes singled out as a bad use of land; the science does not back up that concern. He requested that golf courses not be singled out for regulations over and above other uses. Dr. Charles Peacock, a member of the Golf CART, mentioned that he has been involved in golf course projects in many states across the country, teaching turf grass management as well as other areas. He also does work with the Audubon International program. There are two classifications for this program. The Cooperative Sanctuary System allows any existing course to enroll and gain certification in six areas-environmental planning,wildlife habitat and management, public outreach,water quality management,water conservation and integrated pest management. When a course submits their documentation proving that they have attained the minimum requirements,the course is certified as a Sanctuary. That designation means that they are taking the environmentally sound approach to golf course management. The Signature Status is reserved for new courses which have reached stringent requirements from a development viewpoint. This group is a non-profit, environmental group. It is voluntary, not regulatory. He feels it is an excellent program. John Hansel spoke in support of the game of golf itself. He mentioned that he appreciated the Task Force's efforts. He wanted to make sure that we do not discourage golf courses, especially public golf courses. John Sidorakis commended the work done by the Task Force. He felt that the Special Use Permit issue needs to be addressed so that there are not undue restrictions placed on the construction of new courses. This is a good source of revenue as well as being a great source of recreation for many citizens. He also asked who would be responsible for interpreting these regulations. Rick Brannon, a golf professional, commended the work of this Task Force. He asked that the Board of Commissioners keep the cost of building courses in mind when they set regulations. This needs to be a sport for citizens with average income. Craig Thompson, a Task Force member, commended the work of this group. He is a golf course superintendent. He feels that this is a good document. One concern that he has is over regulating golf courses while ignoring other potentially harmful land uses like Walmart and schools. The other concern he has is how the document will be interpreted and who will be charged with that task. He asked that the County Attorney look at these issues. He asked that the Special Use Permit not be used for the golf course process and that the definitions in the document be carefully established. Ben Lloyd spoke in support of the game of golf as a past time in our county. He mentioned that he has discussed this document with a builder in another state who felt that our regulations would prohibit him from building a golf course in our county. He felt that golf courses have many environmental benefits and are not harmful. He felt that this document was too strict. A motion was made by Commissioner Carey, Jr., seconded by Commissioner Brown, to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 5, 1997. VOTE: UNANIMOUS to Re-approval Qf Special Use Permits 1) Article 8.8.24 Historic Sites Non-Residential Use/Mixed Use (Class A Special Use) This item was presented by Mary Willis for the purpose of receiving citizen comment on a proposed amendment which would allow the Board of Commissioners to re-approve Special Use Permits for non-residential use of historic sites upon receipt of a report from the Planning Staff that the use has maintained compliance with the provisions of 5 the Special Use Permit. On April 1, 1985, the Zoning Ordinance was amended to allow historic structures outside of activity nodes to be used for non-residential purposes. The use is allowed with approval of a Class A Special Use Permit in the Agricultural Residential (AR), Rural Residential(R1)and Rural Buffer(RB)zoning districts. A time limit of six years was included to provide for a periodic review to assure that the integrity of the historic site was maintained. Continuation of the use beyond six years requires re-approval by the Board of Commissioners. Re-approval under current regulations requires submittal of a new application and preparation of public hearing agenda materials, as if it were a new use. Special Use Permits for non-residential use of historic sites have been approved by the Board of Commissioners for the Bingham School Inn,The Old Place, Green Hill and Reba and Roses. There are no known instances of non-compliance or citizen complaints concerning any of these uses. The proposed amendment would allow the Board of Commissioners to re-approve Special Use Permits for non-residential use of historic sites at a regular meeting, upon receiving a compliance report from Planning Staff. If compliance has been maintained, then the permit could be re-approved. If compliance has not been maintained, then the permit would expire at the end of its 6-year time limit. In that case,the applicant could submit a new application, as if it were a new use. Likewise, submittal of a new application would be required if modification of the original permit was proposed. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Carey, Jr. , to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1997. VOTE: UNANIMOUS 4. Subdivision Regulations Text Amendments kW Section IV-B-1 0 FI xi I Development, Section B=Applicability This item was heard concurrent with C1. Special Use Per i hair Crowther Chaired all Qf the following items. Emily Cameron, Eddie Kirk, Inna Deng Johnson, Jerry Lane Craddock and Harold Harris were sworn in by the Deputy Clerk, Kathy Baker. U SUP(A)-1-97 The rfnn at Bingham School tB-W and Breakfast The following item was presented by Emily Cameron for the purpose of receiving citizen comment on the renewal of the Class A Special Use Permit for the Inn at Bingham School to allow the site to continue as a bed and breakfast inn in accordance with Article 8.8.24 of the Zoning Ordinance, Historic Sites Non-Residential Reuse/Mixed Use. The Inn at Bingham School is an existing historic site located in western Bingham Township and listed on the National Register of Historic Places. On September 30, 1985, the Board of County Commissioners approved a Class A Special Use Permit for the site to be operated as a bed and breakfast inn. Article 8.8.24.2 of the Zoning Ordinance establishes a six- year time limit on this type of Special Use Permit. The owners who purchased the property in 1994 are now requesting renewal of the permit. The property is located at the northeast corner of the intersection of NC Highway 54 West and Mebane Oaks Road (SR 1007). The current zoning is Agricultural Residential and Cane Creek Protected Watershed. The parcel contains 9.98 acres and is referenced as lot 19 on Tax Map 17. The Inn remains in compliance with the conditions of the original Special Use Permit. A draft of the renewed permit is in the attachments and includes language to allow the owners to host outdoor receptions for guests staying at the Inn. It also would allow an existing smokehouse to be converted to rest room facilities, pending approval of the Orange County Health Department, Division of Environmental Health, and the Inspections Division of the Planning Department. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM CITIZENS: None 6 A motion was made by Commissioner Gordon, seconded by Commissioner Brown, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 5, 1997. VOTE: UNANIMOUS jb) SUP(AA)-2-97 The Old Place LUed and Breakfast) This item was presented by Emily Cameron for the purpose of receiving citizen comment on the renewal of a Class A Special Use Permit for The Old Place, a Bed and Breakfast establishment. On October 17, 1989, the Board of County Commissioners issued a Class A Special Use Permit to Joseph and Avis Rice to operate a Bed and Breakfast in a historic log cabin. The Table of Permitted Uses identifies this use as"Historic Sites Non-Residential Mixed Use." Article 8.8.24.2 of the Zoning Ordinance limits this type of permit to a six-year period. The Rices requested renewal of their permit in December 1996.The property is located in Cheeks Township, on the west side of Saddle Club Road. A log cabin is located on the property which is listed on the National Register of Historic Places as the Paisley-Rice Log House. The house in located on an 11.83 acre parcel. The facility provides food and lodging for up to four guests at any given time. Site conditions and operation of the bed and breakfast remain the same as when the Special Use Permit was approved in 1989. The property owner has rights to an easement along the southeastern corner of the property to Saddle Club Road. The easement currently provides access to the log house. The parcel has adequate frontage on Saddle Club Road, so that a separate driveway could be utilized if any problems with the existing access easement arise in the future. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM CITIZENS: Mr. Jerry Craddock, an adjacent landowner, mentioned that the map shows a road entering the property on the back side of the 32 acres. The owner of The Old Place has road frontage and he would very much like for that portion of the property to be used for entrance and exit to The Old Place. This use of his property causes 1/4 of an acre of his land to be unusable. Emily Cameron commented that her understanding was that the road frontage was granted through perpetual easement. A motion was made by Commissioner Carey, Jr., seconded by Commissioner Halkiotis, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 5, 1997. VOTE: UNANIMOUS Uc) SUP(A)-3-97 Orange Regional Landfill This item was presented by Eddie Kirk for the purpose of receiving citizen comment on a Class A Special Use Permit for an addition to the Orange Regional Landfill. The Orange Regional Landfill is located on the north and south side of Eubanks Road (SR 1727) north of Chapel Hill. The subject property (Tax Map Number 7.18..27D)contains 12.76 acres and is located immediately west of the existing landfill on the north side of Eubanks Road. It is zoned Rural buffer and designated Rural Buffer on the Joint Planning Area Land Use Plan. The existing landfill is in the Chapel Hill Transition Area on the Joint Planning Area Land Use Plan. The applicants are requesting a Class A Special Use Permit under Article 8.8.2 of the Orange County Zoning Ordinance to construct a 4000 square foot vehicle maintenance building, to process yard waste and storm debris on an ongoing basis, and to process recyclable materials which will include white appliances, tires and scrap metal. Access to the site will be provided through the existing landfill. There will be no direct access to Eubanks Road. A 100-foot buffer will be provided around the perimeter of the site, except along the eastern border, next to the existing landfill. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: Commissioner Gordon asked for clarification about storage of scrap metal on the site. Mr. Kirk stated that the scrape metal would be in roll-off containers. He asked Mr. Harold Harris,who is employed at the Landfill, to speak to this matter. Mr. Harris was sworn in at this time. Harold Harris indicated that they are requesting the option to use this land for the purpose of recycling, not only for white goods, but tires and scrap metal as well. He indicated that at the present time they do not intend to recycle white goods or any other metals but they would like to have the option. In response to a question, he stated that no one lives next door to the landfill. Duke University is on the North side and on the west side there are no houses. Across the road about 500 feet down there is a house. He also mentioned that this 4000 sq. ft. facility would be in operation 15 or 20 years at least. Water would be provided by well and sewer by septic system. COMMENTS AND/OR QUESTIONS FROM CITIZENS: Ms. Inna Deng Johnson, a landowner adjacent to this site, requested that the landfill not be expanded. The landowners in this area are not being compensated for loss of property value which results from living near the landfill. She felt that the time was wrong to allow this facility to be built. It would be a better idea to have the question of siting the new landfill answered prior to any additional building on this site. A motion was made by Commissioner Carey., Jr., seconded by Commissioner Brown, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1997. VOTE: UNANIMOUS ( PDA-97 Carolina Friends School(Modification) This item was presented by Emily Cameron for the purpose of receiving citizen comment on a proposed modification to the Special Use Permit for Carolina Friends School which would allow the school to swap acreage with Duke University and modify the boundaries of the school site. Carolina Friends school is an existing private school located on the north side of Mt. Sinai Road (SR 1718)and west of Friends School Road (SR 1719). The property contains 33.94 acres and is zoned PD-RB, Planned Development-Rural Buffer. In August of 1990 a Class A Special Use Permit was issued for Carolina Friends School to allow the use of the school's wastewater disposal system in the Rural Buffer. Article 6.20.1 of the Zoning Ordinance states that a package treatment plant with a design capacity over 3000 gallons per day may be allowed in the RB district only through approval of a planned development. Article 6.3.2.2 of the Zoning Ordinance also requires a planned development approval where there are multiple principal structures on a non-residential lot greater than two acres in size. The Board of Directors of Carolina Friends School adopted a five-year master plan in 1991 for development of the school. In 1992 the Special Use Permit was modified to include expansion of buildings and parking consistent with the school's master plan. In 1996,6,500 square feet of additional floor area was included in the Special Use Permit for a new library/arts building and expansion of several other existing structures. The changes also involved a Zoning Atlas amendment to rezone the 16.38 acres being added to the school from Rural Buffer to Planned Development-Rural Buffer, and to rezone the acreage going to Duke University from PD-RB to RB. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None COMMENTS AND/OR QUESTIONS FROM CITIZENS: None. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 5, 1997. VOTE: UNANIMOUS The public hearing remains open, for written comment only, until the close of the Orange County Planning Board meeting on April 3rd. D REPORTS E. rr information only-—nat-a public hearing) 1. Triangle Transit Authority This item was postponed until a later meeting. E. CLOSED SESSION=Personnel mafter. Authority: 0—&143-318.11 a 6 A motion was made by Commissioner Carey, Jr., seconded by Commissioner Halkiotis, to go into Closed Session for the purpose of discussing a personnel matter in accordance with G.S. 143-318.11(a)(6). VOTE: UNANIMOUS A motion was made by Chair Crowther, seconded by Commissioner Halkiotis, to return to Open Session. VOTE: UNANIMOUS 8 ADJOURNMENT A motion was made by Chair Crowther, seconded by Commissioner Halkiotis, to adjourn the meeting. VOTE: UNANIMOUS There being no further business, the meeting was adjourned. The next regular meeting of the Orange County Board of Commissioners will take place on March 5, 1997 in the Old Courthouse, Hillsborough, North Carolina. William L. Crowther, Chair Kathy Baker, Deputy Clerk