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HomeMy WebLinkAboutMinutes - 19850701 00009 M I N U T E S ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JULY 1, 1985 The Orange County Board of Commissioners met in regular session on July 1, 1985, 7:30 p.m. in the Commissioners' Room in the Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Director of Revenue Johnny T. Horner, Planner Eddie Kirk, Tax Supervisor Kermit M. Lloyd, Director of Economic De- velopment Sylvia F. Price, Planner Susan Smith and Director of Personnel Beverly M. Whitehead. A. BOARD COMMENTS None. B. AUDIENCE COMMENTS None. C. PUBLIC HEARING ON RENFREW DRIVE (SR 1590VBRIGADOON DRIVE/MCDERMOTT DRIVE Planner Susan Smith presented for public comment the Preliminary Assess- ment roll for Renfrew Drive/Brigadoon Drive/McDermott Drive. The total cost for the project is $15,800. THERE WERE NO PUBLIC COMMENTS AND THE HEARING WAS DECLARED CLOSED. Motion was made by Commissioner Walker, seconded by Commissioner Carey to (1) confirm the assessment roll, (2) accept the Certificate of Mailing offered by the Clerk, and (3) direct the Tax Collector to collect the assessment. Con- firmation time was 7:32 p.m. VOTE: UNANIMOUS. D. ADOPTION OF THE 1985-86 BUDGET ORDINANCE Chair Willhoit proposed that at the conclusion of the discussion on this item, an interim budget be adopted for continuation at the same levels as the 1984-85 budget and the item be continued to Wednesday, July 3, 19E5 for final adoption. Commissioner Walker presented to the Board a plan which he feels will provide the necessary funds for the schools without increasing the tax rate. His plan is as follows: (1) Give each school system $10.00 more per pupil for current ex- pense making the total per pupil of $701. (2) give each school system $50,000 more for current capital. (3) Go with a reduced add-on list apart from schools. (4) Do the pay-as-you-go plan for long range school capital out of the sales tax revenues. (5) Do not raise taxes any more than has already been done with the 1/2 cent sales tax. (6) Correct fund balance problem that Chapel Hill has on the dis- trict tax. He also proposed to include only those following items on the add-on list: (1) Commissioners' Budget - delete $1,485 as proposed. (2) Social Services - Cone Mill Fund only and delete the word pro- cessor. 000160 (3) Parks and Recreation - Homestead Project. (4) Department on Aging - one secretary and delete the I/R position. (5) Sheriffts Department - secretary and furniture. (6) Adolescents in Need Program - continue with same funding as 84- 85. (7) Womens Health - delete $1,500 as proposed. Commissioner Walker proposed that one half of the Revenue Sharing and the County sales tax reserve be used to fund the add-on list. He suggested that with regard to the Chapel Hill fund balance that a study be done tc correct the problem. He stated it would take an increase of 1.9 cent on the district tax to maintain an adequate fund balance. He recommended that the County Manager study ways to prevent the fund balance problem in the future. Commissioner Carey agreed that tighter control needs to be maintained over what happens to the fund balance - not only of the two school systems but of other agencies that the County funds. He disagreed with cutting from the add- on list the school nurse for the Health Department and the money for the animal society. Chair Willhoit disagreed with cutting from the budget the add-on request for the Department on Aging, Social Services, Home Health Agency, Library, and all volunteer agencies other than the $1500 decrease for Womens Health. Commissioner Marshall spoke in support of the word processor for Social Services indicating it would help with the extra workload they are experiencing. With regard to revenue sharing she proposed allocating 3/4 to help fund the mark-up list. Chair Willhoit clarified that the 1.8 million balance from the sales tax in 88-89 is only there because the schools have yet to identify the capital needs for 88-89 for which the money will be allocated. Bill Ray, farm owner in Cedar Grove, asked that the Board of Commissioners hold the line on the budget and not increase the property tax. Bill Dorsett, Chair of the Agricultural Business Council in Orange County, opposed raising the property tax. Gordon McDade, Roy McAdoo, Richard Daniels, Don Collins, Lilly Evans and Albert Cummins spoke in opposition of the proposed tax increase. Commissioner Lloyd commented about the fiscal responsibility of the Board and the need for additional industry to increase the tax base. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt an interim Budget Ordinance for the fiscal year beginning July 1, 1985 and ending June 30, 1986 at the continuation appropriation level of the 1984- 85 fiscal year to remain in effect until the Budget Ordinance for 1985-86 is adopted. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to continue this item until 7:30, July 3, 1985. VOTE: UNANIMOUS. F. ITEMS FOR DECISION 9. ANNIE MAE EDWARDS AND JOSEPH EDWARDS-PRELIMINARY Susan Smith presented for consideration of approval the Preliminary Plan for Annie Mae F. Edwards and Joseph Edwards. The property is located in Chapel Hill Township off Neville Road (SR 1945). There is one additional lot proposed out of approximately 5.8 acres. The applicant is requesting a Class C private road to serve the two lots. The Planning board recommended approval. 060161 Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 3 JAMES HILL REALTY-PRELIMINARY Susan Smith presented for consideration of approval the! Preliminary Plan for James Hill Realty. The property is located in Cheeks Township along Mill Creek Road (SR 1343) . Six lots are proposed out of approximately 31.30 acres. The Planning Board recommended approval. Motion was made by Commissioner Lloyd. seconded by Commissioner Carey to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 4. KENNY MARTIN-PRELIMINARY Susan Smith presented for consideration of approval the Preliminary Plan for the property of Kenny Martin. The property is located on a private road (Elva Lane) off of NC Highway 54 in Bingham Township. Three lots are pro- posed out of 4.15 acres. The lot sizes are 2.12 acres, 1.08 acres and .95 acre. The property is zoned R-1. On June 17, 1985 the Planning board recom- mended approval of the Plan subject to the following conditions: (1) Label Elva Lane as a Class "A- road on the plat. (2) All setbacks be indicated or provide a note on the plat which states the typical setback requirements. (3) Change the Class "C" road name from Martin Place to Daylight Drive (Martin Place would constitute a duplicate road name, therefore the applicant requests that it be changed to Daylight Drive) . (4) Indicate the lot area for 4A outside of the rigbt-of-way and label as such. (5) Indicate the distance (in feet) to NC Highway 54 from Elva Lane to the northern property line of Kenny Martin's property. (6) Upon construction of the Class _C_ road a swale or french drain system be created. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation made by the Planning Board. VOTE: UNANIMOUS. 5. O.T. FARRINGTON FAMILY LANDS-MINOR SUBD. WITH CLASS A PRIVATE ROAD Susan Smith presented again for consideration of approval of a Class A Private Road to serve the minor subdivision of the properties of Curtis Farrington. On May 20, 1985 the Planning Board recommended approval of a Class A road to serve the minor subdivision. At their June 3, 1985 meeting, the Board of Commissioners directed that the Planning board reconsider this item, particularly in terms of potential density and right-of-way problems. At their June 17, 1985 meeting the Planning Board reaffirmed their recommendation of May 20, 1985. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the recommendation of the Planning Board. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . 6. GEORGE GORTON REZONING REQUEST Marvin Collins presented for consideration of approval a rezoning request on 86.51 acres located along Highway 70 Business southeast of Hills- borough. The present zoning is R-1. The applicants are requesting; 26.25 acres to be rezoned to OI and 59.86 acres to be rezoned I-1. The Planning Staff recommended denial given potential traffic impacts and demands on public water and sewer facilities. The Planning Board recommends approval. The Planning 00062 Staff felt the applicant had not provided sufficient evidence to .meet the re- quirements set out in the Zoning Ordinance in Article 4.2.3.b for water and sewer or in Article 4.2.3.e which indicates that the maximum amount of land zoned to OI classification shall not exceed five acres. The Planning Board found that the request from Mr. Horton did not represent a normal situation because of the industrial research type project proposed and that the applicant had met all the requirements of the Ordinance. Commissioner Marshall noted that when you are rezoning land you are not working with the individual and that something is needed in the Ordinance that is between the planned unit development regulations and a rezoning. It is a risk you take when you approve a rezoning without planned development because of the uncertainty of the type of development that will actually take place. Commissioner Walker expressed concern for the legal ramifications of treating different applications differently instead of applying the ordinance to everybody equally. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board. Chair Willhoit asked for a clarification on the requirement of the Ordinance for commitment for water and sewer and questioned the support of the Town for the rezoning only if the desired flexibility could be maintained. Mayor Frank Sheffield stated that the Town of Hillsborough took the position of supporting the rezoning on the basis it felt the location to be desirable for an Office/Industrial Park and the Town Board did make a commit- ment to provide water and sewer service to the site subject to the approval of the plans and specifications by the Town and the State. Chair Willhoit noted that in the past, the Board had not: entertained a straight rezoning and questioned if a change in this policy wou7_d pertain to like decisions made in the past in encouraging people not to seek a straight rezoning but to apply for a planned development. Attorney Geoffrey Gledhill indicated that the statute of limitations had already run on those past decisions. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . 7. JAMES I. FREELAND REZONING REQUEST Marvin Collins presented for consideration a proposed rezoning request for 1.5 acres of land located along Faucette Mill Road north of Hills- borough. The present zoning is A-R, while the requested designation is R-4. The Planning Board recommends denial on the basis that the criteria for rezon- ing have not been satisfied. The applicant did not satisfy Article 4.2.3.b or Article 4.2.3.c. On the basis of two negative findings, motion was made by Commission- er Carey, seconded by Commissioner Marshall to deny the request for the rezoning. VOTE: UNANIMOUS. 8 WEST- TEN MOBILE PARK-PLANNED DEVELOPMENT-HOUSING/SPECIAL USE PERMIT Marvin Collins presented for consideration a proposed Planned Development-Housing/Special Use Permit (R-1) application for Darrell Garrett and Waylon McFarland for 37 acres of land in Cheeks Township. The purpose of this request is to permit construction of a 40-unit mobile home park. The Planning Board has found that the application does comply with the general standards, specific rules, and required regulations and recommends approval of the request with the conditions listed below: 000103 (1) The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public impovements plus 10%. The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. Security for construction of the improvements in this project may follow phasing-in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the -yet to do** portion of the improvements. (2) Security shall be provided for the grading, paving and stabi- lization of all cleared areas, streets and other vebicular travelways; sidewalks and other pedestrian walkways; erection of street signs; utility installation and hookups; recreational faciities; landscaping and mulching around all mobile home units (3) All necessary easements to permit utility (electricity, tele- phone and cable television by any cable television provider franchised by Orange County to serve this development) install- ation, servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. (4) Roads, parking areas, walkways, street signs, utilities, recre- ation facilities and sites, landscaping and mulching, around units shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. (5) The grantee shall promulgate rules and regulations g;overing ten- ancy in the development which shall restrict accumulation of trash and rubbish outside of the mobile home units, shall re- strict storage of goods outside of mobile homes and which shall further prohibit the storage of junked or unregistered motor vehicles. The grantee shall file with the Orange County Planning Department a copy of the rules and regulations promulgated under this condition and maintain an up-to-date copy of the rules and regulations in the Orange County Planning Department:. (6) A single extranceway shall be provided. The entrance shall be located and designed according to Department of Transportation recommended road connection standards. (7) All roads within the mobile home park shall be hard surfaced in compliance with NC DOT Subdivision Roads Minimum Construction Standards (p.19 E Pavement Design) . (8) All roads will be named and the names not duplicate any other names within Orange County. Road name signs to Orange County standards shall be erected at all intersections. (9) Removal of snow and ice from the roads in the development and the sidewalks within the development shall be the responsibility of the grantee. Such removal shall be completed promptly. (10) There shall be at least 2 parking spaces per mobile home unit in the development. (11) Mailboxes which are clustered shall be provided close to each entrance, but far enough into the development to prevent traffic 000164 problems on West Ten Road. A pull-off shall be provided and the mailboxes set back off the main entrance roads. The entrance roads and pull-offs shall be of sufficient width to allow three or four cars to stop and get mail while others continue to pass. The mailboxes shall not be located in a place that would require cars to cross traffic, make unnatural turns or go against the flow of traffic. Cluster mailboxes shall be located outside of sight triangles for entranceways. (12) Prior to the initiation of construction activity, final approval by the Orange County Health Department of the well and septic systems must be obtained. (13) The recreation areas shall be constructed as provided in the application and submitted site plan. The pedestrian paths and nature trail serving the individual units and the recreation areas shall be a minimum of 72- wide and be composed of surface materials recommended by the Orange County Recreation Department. A pedestrian crossing shall be provided to the nature trail at the north-east corner of the residential cluster. (14) That all signs be erected in compliance with Article 9 Signs following issuance of a building permit and prior to the issuance of a Certificate of Occupancy for any unit. No sign may be erected within the sight triangles for the entranceways to the development. (15) Grading on the site shall be kept to a minimum. In lieu of planted landscaping, existing vegetation shall be maintained between units. (16) All plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County. In addition, Orange County shall inspect the installation of co:atrol devices and the on-going work for the total project. The -project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. (17) The project must remain in unitary ownership and no lots can be sold to individuals. (18) A unit numbering system and corresponding unit location shall be filed with the Planning Department prior to the issuance of any building permit. This system shall be used in obtaining and issuing any building permit. Any change in the unit numbering system must be filed with the Orange County Planning Department. (1 9) A final boundary survey of the Planned Development and improve- ments shall be recorded by the developer. (20) The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon appli- cation, will be issued after approval and recordation of the Special Use Permit. .7 00005 (21) The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. Commissioner Marshall asked if the Planning Board addressed the traffic problems and the devaluation of adjoining property values. Susan Smith indicated there were no points of discussion. DOT had indicated the traffic count in that area is not sufficient to be a concern. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS DECLARED CLOSED. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to find the same positive findings as found by the Planning Board. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board and the stipulations attached to the approval. VOTE: AYES. 4; NOES, 1 (Commissioner Marshall) . 9. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS (see descriptive narrative on pages MWMf these minutes) . Marvin Collins presented for consideration of approval two proposed Zoning Ordinance text amendments that were submitted to public hearing on May 28, 1985. This item was continued to receive the Planning Board's recommen- dation. The first amendment deals with the establishment and the permitted use table for Nonprofit Educational Cooperatives- as a Class A Special Use Permit permitted in the A-R zoning district. It would also add to Article eight a list of the specific requirements that a nonprofit association must submit and also add to Article 22 Definitions the definition of a Nonprofit Educational Cooperative-. The Planning Board recommended approval of the proposed amend- ments to Articles IV. VIII, and XXII. The second amendment had to do with a provision to Article 11 regard- ing non-conforming mobile homes which would permit individual mobile homes which are not located within a mobile home park to be replaced with other individual mobile homes or dwelling units. The Planning Board recommended denial of this proposed amendment because of the wording -or- dwelling units. The Planning Board does not want mobile homes replaced with stick-built homes. Motion was made by Commissioner Lloyd, seconded by Chair Willhoit to approve the Planning Staff's recommendation to approve the amendments as pre- sented to public hearing. Carl Walters, representative of the Planning Board, indicated that the reason for the Planning Board denial is that usually a stick built home is much larger than a mobile home which makes the lot nonconforming because of lot size and setbacks. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . Chair Willhoit questioned Article 8.8.4.2.8 which reads -No chemical, toxic or hazardous substances are used, produced, stored or consumed on-site, and noted that this section should make specific references and be defined. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd that item -G- of Article 8.8.4.2 standard of evaluation be defined and brought back for adoption at a later date. VOTE: UNANIMOUS. 10_ REQUEST FOR SPECIAL PUBLIC HEARING-PRE, INC. Susan Smith presented for consideration a request from PHE, INC. to schedule a special public hearing on August 5. 1985 to hear a rezoning request to allow for expansion of the established Adam and Eve operation. 000_1s6 Chair Willhoit explained the reason for holding a Special Public Hearing. PHE, Inc. was under the impression they could expand on their present site. When they applied for their building permit they were informed they would not be permitted to expand because of zoning. They need to know as soon as possible if they will be allowed to expand in order to proceed with their planning. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to schedule a special public hearing on August 5, 1985 to hear a rezoning re- quest to allow for expansion of the established Adam and Eve operation. VOTE: UNANIMOUS. 11 PARTICIPATORY PAVING PROGRAM-PROJECT ADDITION Susan Smith presented for consideration of approval a request that Stallings Road (SR 1198) and Rollingwood Road (SR 1194) be paved under the Orange County Participatory Paving Program. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to accept Stallings Road and Rollingwood Road as a PPP project. VOTE: UNANIMOUS. 12 PLANNING GOALS/OBJECTIVES/WORKPLAN FOR 1985-86 (a copy of the work program elements is in the permanent agenda file) . Marvin Collins presented for consideration the work program for the Planning Department in the 1985-86 fiscal year. It was decided that a meeting needs to be held with Chapel Hill, that the comprehensive planning for the water reservoir study and the designation of reservoir sites in Little River and Upper Eno Watershed could be done as one project, and that (1) subdivision regulations update, (2) planned development standards update, (3) special use modification standards update, and (4) road capacity studies/road definitions and classifications be moved up on the list of program elements. 13 SOCIAL SERVICES LEGAL SERVICES AGREEMENT Motion was made by Commissioner Marshall, seconded by Commissioner Cary to approve the continuation of the contractural agreement with the firm of Northern, Little and Thibaut to provide special legal services not otherwise provided by county government for fiscal year 1985-86. VOTE: UNANIMOUS. 14, EXTENSION OF CALDWELL FIRE INSURANCE DISTRICT Motion was made by Commissioner Marshall, seconded by Commissioner Walker to extend the Caldwell Fire Insurance Rated District from four road miles to five road miles. VOTE: UNANIMOUS. 15, APPEAL OF TAX APPRAISAL• Kermit Lloyd explained that R.D. Stone takes exception to the appraisal of his property located on Tax Map I.D. 4.45c.A.4. Mr. Stone made his request for a hearing within the required 30 days from his Notice of Change in value. Mr. Stone's property was appraised using the Schedule of Values adopted for the 1981 revaluation and an outside inspection of his home. Mr. Stone would not let Mr. George Meyer, Chief Appraiser, see the inside of his home. Lloyd recommends no change. Mr. Stone spoke in his behalf indicating that the square footage measurements of his house were estimated wrong but have since been corrected. He maintained that the house is not complete and therefore the appraisal too high. Action on this item was delayed until August 5. 16 AGING GRANT EXECUTION 0001 4 " '7 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the RSVP Grant Award from ACTION for the period July 1, 1985 through June 30, 1986 in the amount of $24,775 in Federal funds and authorize the Chair to sign. VOTE: UNANIMOUS. 17 GOVERNOR MARTIN'S RECOGNITION PROGRAM FOR VOLUNTEERS Commissioner Marshall explained the recognition Rrogram planned to be held during the first part of November. Because nominations had to be presented no later than July 22, it was felt that enough time would not be allowed to receive nominations and make a decision. No action was taken on this item. 18. JULY 4. 1985 FIREWORKS DISPLAY Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve a fireworks display to be held at the Collins Little League Field on July 4, 1985 and authorize the Manager to sign letter of approval. VOTE: UNANIMOUS. G. REPORT ON THE ABC STORE BUILDING Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to assume the title to the ABC Store Building ❑3 located on Highway 49. VOTE: UNANIMOUS. ADDED TTW VOTING DELEGATE FOR 1HE N ACC ANNUAL CONFERENCE Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve Norman Walker as the voting delegate for the NCACC Annual Conference. VOTE: AYES, 3; NOES, 2 (Chair Willhoit and Commissioner Marshall) . E. APPOINTMENTS 1. COMMITTEE AND ADVISORY BOARDS This item was continued until July 3, 1985. 2 TAX SUPERVISOR AND TAX COLLECTOR TERMS Motion was made by Commissioner Walker, seconded by Commissioner Marshall to reappoint both the Orange County Tax Supervisor and the Orange County Tax Collector for two year terms. VOTE: UNANIMOUS. H. ADJOURNMENT Chair Willhoit adjourned the meeting to Wednesday, July 3, 1985 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk 000166 PROPOSED ZONING ORDINANCE: Amend Article 4 , Section 4.3 Permitted Use Table to provide for "Non-Profit Educational Associations" under a Class A Special Use Permit in Agricultural- Residential zoning district. Amend Article 8 by adding Section 8.8.24 Non-Profit Educational Associations" 8.8.24. 1 Additional Information In addition to the information requested in Sub- sections 8.2 and 8.8 the following shall be supplied as a part of the application. a) The site plan shall also contain the following: 1 ) location , width and type of all internal vehicular and pedestrian circulation 2) location and dimensions of all on-site signage 3) boundaries of the site and distance to nearest residential structures. b) Description of the proposed use( s) of the site and the buildings therein , including the following: 1 ) amount of area allocated to each use. 2) number of full and part-time employees 3) number of clients expected to use the facility 4) proposed hours and days of operation c) Building plans for all existing or proposed structures to include floor plans, elevations and sections showing proposed use. d) Landscape plan , at the same scale as the site plan, showing existing or proposed trees, shrubs, ground- cover and any other landscape materials. e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment. f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. g) Copy of the organization By-Laws and/or Articles of Incorporation. h) A detailed description of the organization, its staff, membership, affiliations and activities. 8 .8.4.2 . Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a) The site plan submitted meets all requirements specified in sub-sections 8.8a) and 8.8. 24. 1a) . b) All applicable requirements of Article 4 , 5 , 6 , 8 , 9 , 10 , and 12 have been satisfied. c) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. 060169 d) The site is served by frontage on to a paved state- maintained road. The developer must show that the existing facilities have the capacity to handle the additional traffic generated by the use or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. e) Internal vehicular and pedestrian circulation is designed to encourage smooth traffic flow and reduce hazards. f) All access roads and employee/visitor parking areas shall be paved . g) No chemical , toxic or hazardous substances are used , produced , stored or consumed on-site. h) Development of the site as proposed would have no adverse impact beyond the building , except for appropriate parking facilities. The floor area of a building or group of buildings housing a mon- profit educational cooperative shall not exceed the maximum floor area ratio as permitted by Section 5 .1 .2 of this Ordinance. All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. i) The applicant must demonstrate its compliance with the definition of "non-profit educational cooperative" as contained in Section 22 of this Ordinance. Article XXII Definitions NONPROFIT EDUCATIONAL COOPERATIVE An organization operated on a non-profit basis whose purpose is to acquire, produce and distribute instructional materials for the benefit of its member institutions. Membership is comprised primarily of fully accredited schools of health, education, social , legal , environmental and/or engineering sciences in institutions of higher learning (universities, colleges and workshops and fellowship training programs may also be provided as part of the organization' s purpose. PROPOSED ORDINANCE AMENDMENT: ADD 11 .9e) Individual mobile homes not located within mobile home parks may be replaced with other individual mobile homes or dwelling units. ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS SECTION 6 .16 .6 REGULATIONS GOVERING HOME OCCUPATIONS, AS AN ACCESSORY USE ARTICLE XXII DEFINITIONS ISSUE: In the administration of the home occupation provisions of the Zoning Ordinance questions have been raised regarding the intent of the section which specifically addresses the product of the home-occupation. Section 6 . 16 .6 . 1 d) and 6 . 16 .2c) restrict home occupations as follows: "The on- premise sale and delivery of goods, which are not the product of the home occupation is prohibited. " Although staff has interpreted this provision to allow only goods produced on the premises, the intent is not clear . Nor does the provision 000170 address retail products sold on-premises which are associated with the home occupation, for example a beauty parlor which sells hair products. PROPOSED ORDINANCE AMENDMENT: Revise to read : The on-premises sale and delivery. of goods which are not produced on the premises is prohibited, except in the case of the delivery and sale of goods incidental to the provision of a service Add to Article XXII DEFINITIONS : Goods Incidental . Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. beautician selling hair products. Revise to read: