HomeMy WebLinkAboutAgenda - 04-01-1996 - VIII-D t 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: April 1. 1996
Agenda Abstract
Item#--v=-0
SUBJECT: CP-1-96 HISTORIC PRESERVATION ELEMENT
DEPARTMENT: Planning PUBLIC HEARING:_Yes-X-No
BUDGET AMENDMENT REQUIRED:_Yes-X-No
ATTACHMENTS: INFORMATION CONTACT:
Don Belk X2594
(1) Draft Public Hearing Minutes Planner II/Special Projects
(see February 26 agenda for
additional information) PHONE NUMBERS:
(2) Draft Minutes, Historic Preservation Commission Hillsborough 732-8181
Meeting, 3/5/96 Mebane 227-2031
(3) Draft Minutes, Planning Board Meeting, 3/18/96 Durham 688-7331
Chapel Hill 967-9251
PURPOSE: To consider adoption of the Historic Preservation Element as part of the Comprehensive
Plan.
BACKGROUND: In May, 1994, the County was awarded a fourth Survey and Planning Grant from the NC
Department of Cultural Resources for preparation of a Preservation Element (also called
Preservation Plan) for the County. In October, 1994 the Jaeger Company (TJC) of
Gainesville, Georgia was hired to produce a plan to be incorporated into the Orange
County Comprehensive Plan.
During the initial phase of Plan development, the consultants collected relevant data on the
history and prehistory of Orange County and examined the inventories of historic
architectural and archeological sites. They also assessed the threats and opportunities
affecting the county's cultural resources. This work is reflected in Chapters 2.0 and 3.0
of the final draft.
In March, 1995,TJC staff met with the Planning Department staff and members of citizen
advisory groups, boards, and commissions to obtain input on the status of historic
preservation in Orange County. Three (3) public meetings hosted by the Historic
Preservation Commission were conducted in early May to discuss the attitudes and
concerns of citizens related to historic preservation. Based on the issues that emerged
during exchanges with staff, appointed/elected officials, and interested citizens, Goals and
Objectives were proposed. These are outlined in Chapter 5.0. Chapter 6.0 contains more
specific action strategies to be used in carrying out the goals and objectives. The list of
action strategies include a general time frame for implementation and lists the participants
to be involved in each step.
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r
A variety of tools and techniques are described in Chapter 7.0, from local historic
landmark designations to collecting oral histories. Case studies using Orange County
historic resources are included in Chapter 8.0 to depict a method for historic boundary
identification and to illustrate the relationship between historic preservation and other
resource preservation goals.
If the Historic Preservation Element is adopted, it will be used to guide historic
preservation efforts in the future, and to provide a comprehensive program of work for the
Historic Preservation Commission and Planning Staff.
Dale Jaeger, Principal of the Jaeger Company, presented the Preservation Element to the
Board of Commissioners on January 16, 1996.
The Preservation Element was presented at the February 26, 1996 public hearing. The
Chairman of the Historic Preservation Commission and the Preservation Planner with the
State Historic Preservation Office spoke in support of the Preservation Element. There
was a question from a member of the Planning Board regarding the inclusion of African-
American and Native-American sites within the Preservation Element.
The Historic Preservation Commission recommended adoption of the Preservation
Element at their meeting on March 5, 1996. On March 18, the Planning Board voted
unanimously to recommend adoption of the Preservation Element.
RECOMMENDATION: The Administration recommends adoption of the Historic Preservation Element.
1 donates land for a public school site. Specifically, Section 5-C, Limitation on Expenditure of
2 Funds, is proposed for amendment to clarify that public school impact fees may be used to
3 convert existing buildings into new public school space. Section 6, Credits, Is also proposed for
4 amendment to clarify that dedication of a public school site may qualify the landowner, not the
5 developer, for a credit against payment of public school impact fees.
6
7 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
8 None.
9
10 QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD
11 .
12 Margaret Brown asked for clarification regarding the implications of changes in who
13 qualifies for the credit. She also asked if these amendments were in response to the Southern
14 Village concept plan.
15
16 Marvin Collins stated that the landowner should receive the credit for the impact fees if
17 the dedication is made and the developer may not own the property at the time of that
18 dedication. This change would encourage the developer to purchase the land and would
19 assure that the proper party received credit.
20
21 Geoff Gledhill stated that assigning the credit to the property owner was not in response
22 to University Station, however,the change from daygkiol r_ "shall",to la drnmer"may_was in
23 response to that project. He indicated that the new language makes it clear that property could
24 be donated and the impact fee could still be paid.
25
26 QUESTIONS AND COMMENTS FROM CITIZENS
27
28 William Harrison, Superintendent of the Orange County School System, asked the Boars!
29 of Commissioners to adopt both of these amendments so that the retrofitting for the
30 Hillsborough Elementary School(formerly the A.L. Stanbadc Middle School) could begin
31 immediately.
32
33 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to
34 dose this portion of the Public Hearing.
35 VOTE: UNANIMOUS
36
37 A motion was made by Vice-Chair Halkiotis, seconded by Commissioner Crowther,to
38 approve the proposed amendments.
39 VOTE: UNANIMOUS
40
41 Joan Jobsis, Chair of the Planning Board presided over the following items.
42
43 2. COMPREmeNSNE PLAN AMENDMENTS
44 (a) CP-14e mwtoric Preservation Elements
2
I This item was presented by Planner Don Belk for the purpose of receiving citizen
2 comment on the proposed Historic Preservation Element of the Comprehensive Plan. In May
3 1994,the County was awarded a Survey and Planning Grant from the NC Department of
4 Cultural Resources for preparation of a Preservation Element of the Comprehensive Plan. In
5 October, 1994 The Jaeger Company(TJC) of Gainesville. Georgia was hired to help produce
6 this plan. During the initial phase of the Plan development, the consultants collected relevant
7 data on the history and prehistory of Orange County and examined the inventories of historic
8 architectural and archeological sites. They also assessed the threats and opportunities
9 affecting the county's cultural resources. In March, 1995, TJC staff met with the Planning
10 Department staff and members of citizen advisory groups, boards, and commissions to obtain
11 input on the status of historic preservation in Orange County. Three public meetings hosted by
12 the Historic Preservation Commission were conducted in early May to discuss the attitudes and
13 concerns of citizens related to historic preservation. Based on the issues that emerged during
14 these exchanges, the Goals and Objectives were proposed. If the Historic Preservation
15 Element is adopted, it becomes a part of the Comprehensive Plan. It would then be used to
16 guide historic preservation efforts in the future and to provide an overall program of work for the
17 Historic Preservation Commission and Planning Staff.
18
19 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS
20
21 None.
22
23 QUESTIONS AND/OR COMMENTS FROM THE PI.ANNLMG BOARD
24
25 Renee Price asked what efforts had been made to include the African-American
26 community's history in this proposal.
27
28 Don Belk replied that the plan includes identification of local African-American cemeteries
29 which will be entered into the Geographic Information System_ African-American archeological
30 sites are registered but not displayed because of concerns of vandalism. He indicated that one
31 information gathering tool used by the Planning Department was the compilation of a fist of
32 organizations to be contacted for suggestions of sites to include.
33
34 QUESTIONS AND OR COMMENTS FROM CITIZENS
35
36 Todd Dickinson, Chair of the Historic Preservation Commission, thanked Don Belk for the
37 excellent job he did in compiling this document. In response to the question regarding minority
38 representation he indicated that this document includes only the unincorporated areas of the
39 county. Many of the sites representing minority populations are within the jurisdiction of the
40 municipalities. One example of that is the Hyconeechee area which is located within
41 Hillsborough's jurisdiction. The Historic Preservation Commission intends to build an
42 educational program that is focused on involving the community in this ongoing project. They
43 are committed to identlfftV and saving intact and mundane smaller structure;.
44
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1 Melinda Coleman, Preservation Planner with the Division of Archives & History, spoke in
2 support of this plan for which funds were awarded in 1994. The primary goal of the Division of
3 Archives S History's Preservation Program is to make historic preservation a part of local
4 planning by weaving it into the fabric of governmental decisions. This money was granted to
5 Orange County because it was dear that good structures were available for protection and that
6 this plan had potential to be a model for other communities. In particular,the Division of
7 Archives and History was pleased that citizen participation was such a high priority in this
8 project.
9
10 A motion was made by Commissioner Willhoit, seconded by Commissioner Gordon, to
11 refer the Historic Preservation Element to the Historic Preservation Commission and the
12 Planning Board for recommendations to be returned to the Board of Commissioners no sooner
13 than April 1, 1996.
14 VOTE: UNANIMOUS
15
16 3. Zoning Atlas Amendments
17 (a) Z-1-96 Schley Community Store and Flea Market
18 This item was presented by Planner Jim Hinkley to receive citizen comment on a
19 request to rezone property owned by Bobby and Lydia Crawford. The property proposed to be
20 rezoned is a .82-acre lot owned by Bobby M.And Lydia E. Crawford at 3301 NC 57 (Tax Map
21 No. 2.47..9). It is located on the West side of NC 57 approximately 1,000 feet north of Walker
22 Road. The lot is currently zoned AR Agricultural-Residential. The proposed zoning is EC-5
23 Existing Commercial. The existing use is known as Schley Community Store and Flea Market,
24 and consists of a 36'X 32' store and 26'X 60'enclosed shed. The premises have been used
25 commercially since the mid-1 Ms. The Crawfords have used the property for a commercial
26 use since 1982. The property is located In an area deslyrratart Loy Ilia Comprehensive r den as
27 Agricultural-Residential.
28
29 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING
30 BOARD OR CITIZENS
31
32 None.
33
34 A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to
35 refer the proposed Zoning Atlas amendment to the Planning Board for a recommendation to be
36 returned no sooner than April 1, 1996.
37 VOTE: UNANIMOUS
38
39 4. Zoning Ordinance Text Amendments
40 (a) Article 6.3.11 Watershed Protection Overlay Districts
41 (b) Article 8 Special Uses
42 These Items were presented by Planner Mary Willis. Item (a)was presented for
43 the purpose of receiving citizen comment on a proposed amendment which would authorize the
44 Board of Adjustment to grant variances to allow the use of septic easements in watersupply
45 watersheds. Item(b)was presented to receive citizen comment on proposed amendments to
4
6
The property is located on the north side of NC 54 in Bingham Township. It is
zoned R-1 and designated Rural Residential in the Land Use Element of the
Comprehensive Plan.
The area proposed for development is 40.46 acres in size with 19 lots proposed.
Each lot will be served by individual wells and septic tanks and have a minimum
lot size of 40,000 square feet.Collins Creek flows along the western property line
and has a 100 year flood line indicated on the plan.
Access to the property is from NC 54 with the proposed subdivision roads to be
public and constructed to State standards.A 1993 traffic count on NC 54 indicated
4,100 trips per day just west of this property.
The Planning Board previously approved the Concept Plan for Brentwood Farms
Subdivision on February 20, 1995 with 33 lots and two conditions:
1. All lots shall receive access from the subdivision roads.
2. Provided right-of-way can be obtained or provided,a left
turn lane and a right deceleration lane to NCDOT shall be
constructed on NC 54.
This approval expired February 20, 1996.
Condition number 2 was based on the January 11, 1995 letter from NCDOT(copy
an attachment to these minutes on page .) A new letter was received from
NCDOT indicating that since the number of lots has been reduced from thirty-
three(33)to nineteen(19)the left turn lane and right deceleration lane
were no longer warranted.
This Concept Plan indicates approximately 6.5 acres of open space which was not
proposed on the previously approved Concept Plan.
The Planning Staff recommends approval of the Concept Plan for Chapel West
with the condition that all lots receive access from the subdivision roads.
Allison asked how much of the 6.5 acres of open space is buildable. Kirk
responded that the majority of the 6.5 acres is in the floodplain.Very little would
be buildable.
Katz asked who would own or be responsible for the open space. Kirk responded
that it would be owned and maintained by a Homeowner's Association.
MOTION: Waddell moved approval as recommended by the Planning Staff.
Seconded by Barrows.
VOTE: Unanimous.
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING 2/26/96
a. Comprehensive Plan Amendments
(1) CP-1-96 Historic Preservation Element
Presentation by Don Belk.
J
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This item is to consider adoption of the Historic Preservation Element as part of
the Comprehensive Plan.
In May, 1994,the County was awarded a fourth Survey and Planning Grant from
the Department of Cultural Resources for preparation of a Preservation Element
for the County. In October, 1994 the Jaeger Company(TJC)of Gainesville,
Georgia was hired to produce a plan to be incorporated into the Orange County
Comprehensive Plan.
During the initial phase of Plan development,the consultants collected relevant
data on the history and prehistory of Orange County and examined the inventories
of historic architectural and archeological sites. They also assessed the threats
and opportunities affecting the county's cultural resources. This work is reflected
in Chapters 2.0 and 3.0 of the final draft.
In March, 1995,TJC staff met with the Planning Department staff and members of
citizen advisory groups,boards,and commissions to obtain input on the status of
historic preservation in Orange County. Three(3)public meetings hosted by the
Historic Preservation Commission were conducted in early May to discuss the
attitudes and concerns of citizens related to historic preservation.Based on the
issues that emerged during exchanges with staff,appointed/elected officials,and
interested citizens,Goals and Objectives were proposed. These are outlined in
Chapter 5.0. Chapter 6.0 contains more specific action strategies to be used in
carrying out the goals and objectives. The list of action strategies include a
general time frame for implementation and lists the participants to be involved in
each step.
A variety of tools and techniques are described in Chapter 7.0 from local historic
landmark designations to collecting oral histories. Case studies using Orange
County historic resources are included in Chapter 8.0 to depict a method for
historic boundary identification and to illustrate the relationship between historic
preservation and other resource preservation goals.
If the Historic Preservation Element is adopted,it will be used to guide historic
preservation efforts in the future,and to provide a comprehensive program of
work for the Historic Preservation Commission and Planning Staff.
This item was presented at the February 26, 1996 public hearing. The Chair of
the Historic Preservation Commission and the Preservation Planner with the State
Historic Preservation Office spoke in support of the Preservation Element. There
was a question from a member of the Planning Board regarding the inclusion of
African-American and Native-American sites within the Preservation Element.
The Planning Staff recommends adoption of the Historic Preservation Element.
Using the Preservation Plan map,Belk indicated the location of sites presently on
the National Register as well as the location of sites that have been deemed
eligible for inclusion on the National Register. The map also includes potential
historic districts. Belk noted that the map is intended to be a conceptual
presentation of the distribution'of resources in the County. The State Historic
Preservation Office will be featuring this preservation element at their annual
spring training workshop and Belk will be conducting a session on preservation
planning.
8
Rosemond asked about attendance at the public meetings. Belk responded that
attendance was better at the second and third meetings. He noted also that good
feedback from citizens was received at the meetings.
Even though there were no comments from the general public at the public
hearing,Belk stated that he had received several calls with positive comments and
interest from property owners in pursuing inclusion on the National Register.
Barrows asked about the criteria for inclusion on the National Register. Belk
responded noting the major criteria: age,must be fifty years of age,the
importance of the architectural style, and the importance of the person who lived
at the location. He emphasized that the importance of the person could be in
relation to their importance in the community such as a teacher, craftsman,etc.
This would include people from all walks of life.
Katz asked what concerns were indicated by calls that Belk had received. Belk
responded that people are concerned about new development that would alter the
character of the rural setting,the availability of technical assistance and funding
for restoration.
Brown asked if there is a mechanism within the plan for upgrading and adding to.
Belk responded yes,the Historic Commission will continue to add to the inventory
or resources. Brown asked how this plan would coordinate with development
plans expressing particular concern with cemeteries. Belk responded that there
are federal and state guidelines regarding protection of cemeteries. As
development projects come into the Planning Department they will be reviewed
for historical significance and recommendations will be made accordingly. The
regulatory tools will become effective once designation of historical sites has
occurred.
Brown asked about references to tax relief. Belk responded that NC General
Statutes authorize local governments to provide a 50%tax deferral of property
taxes for locally designated properties.
MOTION: Allison moved adoption of the Historic Preservation Element as recommended by
the Planning Staff. Seconded by Reid.
VOTE: Unanimous.
b. Zoning Atlas Amendments
(1) Z-1-96 Schley Community Store&Flea Market
Presentation by Jim Hinkley.
The property proposed to be rezoned is a.82 acre lot at 3301 NC 57(Tax Map
No.2.47..9)owned by Bobby M.and Lydia E.Crawford.The parcel is located on
the west side of NC 57 approximately 1,000 feet north of Walker Road. The
lot is currently zoned AR Agricultural-Residential and the proposed zoning is
EC-5 Existing Commercial.
The existing use is known as Schley Community Store and Flea Market. It
consists of a 36'X32' store and 26'X60' enclosed shed. The premises has been
9
Commission's job to push good will and education to the residents of the road to get them behind
the project and to have them help fund it.
T. Dickinson stated that the reason James Shiffer came to him to do this article was because
Shiffer had seen that Durham County had granted Hard Scrabble Farm local landmark status and
a tax break. He then called Penny Rand?? , who didn't want to be in the newspaper and didn't
want any more publicity about her house. (She has come home on more than one occasion to
find a busload of people sitting on her terrace enjoying her home, uninvited.) Shiffer is very
interested in historic preservation. That is where that this project stands right now.
c. Board Membership Issues
Belk stated that Kathy Baker from the Board of Commissioner's Office had phoned to say that
Jean Anderson and P. Dickinson will be rotating off of the Commission this month.
T. Dickinson asked for clarification because they had not served two "full" consecutive terms.
They have served the initial partial term and one "full" term. It is the Commission's
understanding that the staggered first term didn't count as a full term. (Such as in his case last
year.)
Belk will call Baker for clarification of the rules of membership and let the Commission
members know.
If this interpretation of the Commission is correct, Anderson will be able to serve one more term.
As P. Dickinson does not wish to serve another term, Belk will send copies of resumes from
applicants for Commission membership to each existing member for review.
AGENDA ITEM#6: ACTION ITEM
a. Recommendation to Adopt the Historic Preservation Element
Belk reported that a public hearing on the Historic Preservation Element of the Orange County
Comprehensive Plan was held on February 26. The Preservation Plan was presented by Staff,
who addressed questions and concerns from members of the Planning Board.
Belk reported that a concern was expressed by a board member that the Preservation Element did
not adequately discuss cultural resources related to Native American and African American
history. The member was also concerned about documentation of cemeteries. Another Planning
Board member asked how one would apply for a road to be designated as a NC Scenic Byway.
The chairman of the Historic Preservation Commission and the Preservation Planner from the
State Historic Preservation Office made comments in support of the proposal.
Belk stated that the Board of Commissioners voted to refer the Preservation Plan to the Historic
Preservation Commission and the Planning Board for a recommendation to be returned to the
Board no sooner than April 1, 1996.
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Belk added that the Planning Staff recommends adoption of the Historic Preservation Element as
part of the Comprehensive Plan.
The Commission agreed that it was not their intent to separate out the segments of the
community. The Plan does contain sites from all segments, including those of the African-
American community. The Commission looked at the architectural attributes of these properties
and history, where noted. The Commission is committed to being very inclusive of the entire
community and that is reflected in the goals and objectives.
Belk stated that after the Commission's recommendation tonight, the Historic Preservation
Element will go to the Planning Board. The Planning Board will be asked (on March 18, 1996)
to make a recommendation based on public hearing comments. The Historic Preservation
Element would then return to the Board of Commissioners on April 1, 1996, who will make the
final vote to adopt.
MOTION: White moved to recommend to the Board of County Commissioners to adopt this
Historic Preservation Element of the Orange County Comprehensive Plan.
Seconded by Anderson.
VOTE: Unanimous.
AGENDA ITEM#7: DISCUSSION ITEMS
a. Local Landmark Designation Program
Belk reported that in 1993 Orange County completed an inventory of historic architecture in the
unincorporated portions of the county. The inventory of archeological sites was completed in
September 1994. To provide the maximum protection for the historic and archeological
resources in the county, the Historic Preservation Commission will initiate a program to
designate local historic landmarks.
Local landmark designation is voluntary. The procedures for designation are currently contained
in the Historic Preservation Ordinance. The Historic Preservation Commission must present the
program to the Board of Commissioners for approval prior to implementation. Then the Historic
Preservation Commission will contact property owners of significant resources and educate the
public about the advantages of local designation.
Development of the landmarks program includes setting criteria for evaluation of potential
landmark properties. Property tax incentives should be considered as well. Research papers
prepared by former Planning Department interns may be useful in drafting the proposal for local
designation methods.
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