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HomeMy WebLinkAboutMinutes - 19940526 Special Meeting - 8:00 p.m. 1 APPROVED 818194 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING MAY 26, 1994 The Orange County Board of Commissioners met in Special Session to discuss the Rural Character Study alternatives on Thursday, May 26, 1994 at 8:00 p.m. in the Superior Court Room, new County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers Albert Kittrell and Rod Visser, Deputy Clerk to the Board Kathy Baker, Director of Planning Marvin Collins and Planner David Stancil. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. David Stancil presented for Board consideration and discussion the issues and possible alternative development options including the comments from the January 1994 Rural Character community meetings. At that time the Rural Character Study Committee Chair, staff and the Dispute Settlement Center conducted three community meetings in northern, central and southwest Orange County regarding proposed development options that have been recommended by the Rural Character Study Committee and/or staff. The results of the community meetings were reported to the Board of Commissioners on March 1, 1994. A work group was authorized to look into unresolved issues and alternative development options augmented with guidance from the Board of Commissioners. The work group idea was deferred in favor of Board discussion of a staff report. This report outlines "unresolved" issues and presents ideas for discussion on ways of incorporating community comment into the package. The issues to be resolved are: 1. 2 acre lot or 1-acre lot conventional development 2. Density of open-space developments 3 . Size/Scale of developments 4. Water/Sewer provisions in open-space developments 5. Development options in Little River, Cane Creek and Upper Eno (Critical Area) Watersheds 6. Definition of Open-Space (Percent, Type, Quality, and Calculation) THE MEETING WAS OPEN FOR BOARD OF COMMISSIONER DISCUSSION Commissioner Willhoit proposed that a June Public Hearing on Rural Character issues be scheduled. The first issue would be to reduce the base density to one dwelling unit per two acres in the 37% of Orange County outside of protected watersheds while assuring that existing lots of record are not affected by the minimum lot size requirement. The second issue would be to receive comments on a proposed requirement of 2 50% open space in "natural state" by deed restriction to preserve unique features of natural state. The third issue would be to receive comments on the 1) desirability of clustering and 2) whether density bonuses should be offered as an incentive to clustering. Systematically addressing these issues is extremely important. Also, items on which consensus exists need to be identified. One dwelling unit for two acres has been established for two-thirds of the County. Resolution for the remainder of the County must be reached. The issue of density bonuses could then be addressed. Geoff Gledhill indicated that the proposal to amend the Zoning Ordinance to require a minimum lot size of two acres has not been to Public Hearing. Amendments to the Ordinance must go to Public Hearing before they are adopted. Commissioner Gordon indicated that the issues and options identified at the community meetings need to be discussed before the next step in the process is addressed. Commissioner Willhoit stated that the issue of one or two acre lots does seem to have consensus. He requested that action be taken on those issues. It is less clear whether consensus has been reached on other options. He proposed one unit per two acres or 80,000 feet. The idea of clustering in the watershed is not near resolution because the issue of water quality has not been properly addressed. The discussion of clustering options for 1/3 of the county is not an effective use of time until after the base density issue has been settled. It needs to be determined if clustering would be desirable with a base density of one unit per two acre and if a density bonus should be offered to encourage clustering. He recommended establishing the small area planning process in the central transportation "corridor". The University Station community is organized and enthusiastic and should be included in the process now, if possible. Neighborhood developments could be promoted through cooperative planning. The Liveable Communities group could be involved in this work. Lot size distribution information must be collected by Township so that it is clear what percentage of the County's area is in what size parcels. A cooperative planning effort for small parcels would encourage land owners to create neighborhoods. He indicated that he was not in favor of allowing 5 one-acre lots per lot of record as it defeats the purpose. The Planning Board could be requested to consider requiring a Special Use Permit for developments which require more than one driveway. This would encourage internal planning, even for minor subdivision, and would discourage development along thoroughfares. If additional roads are not necessary, the minor subdivision process could be used which would be an incentive for developers. Commissioner Gordon indicated that the six issues to be resolved which were outlined by David Stancil as well as the five (5) acre lot incentive option proposal need to be discussed. She indicated that as a conceptual agreement the maximum density for clusters should be one dwelling unit per acre. 3 Commissioner Willhoit suggested that public comment be received on the proposal for 50% open space with no density bonus. Commissioner Gordon feels that, if conventional wastewater systems are to be used and clustering is allowed, then one unit per two acres is a viable option since even with 50% open space it would still be possible to have one acre lots. Regardless of the sewage system used one unit per acre is the maximum acceptable. Water and sewer should be prohibited in areas that are to remain rural. Density bonuses should not be offered which encourage the use of alternative systems. Developments should be designed to achieve the maximum number of units using conventional wells and septic tanks. Alternative systems could be allowed but not encouraged. Commissioner Willhoit indicated that it is possible to control density through zoning. Mr. Collins has indicated that the two-acre lot size will not support public sewer. He requested information about what fraction of the water quality impact comes from impervious surfaces and what comes from the development itself. If density bonuses are allowed which increases the automobile traffic to the extent that more run off is created, the advantage of offering the density bonuses could be lost. Commissioner Gordon indicated that the definition of quality open space and the percent of open space set-asides need to be determined. Commissioner Halkiotis asked how the 50% of septic nitrification fields figure was decided. David Stancil said that current standards were incorporated into the committee report, specifically the section of the Conceptual Guidelines For Rural Orange which reads as follows: Up to 50 percent of the area of nitrification fields for community and/or individual ground absorption sewage disposal systems, provided approval of such systems is obtained from the Orange County Division of Environmental Health or the North Carolina Division of Environmental Management, whichever is applicable may be counted as open space. However, there are two means by which 100% of the field may be counted as open space: A) Where nitrification fields are designed in accordance with environmentally-sensitive development recommendations in the Rural Orange Design Guidebook, provided the open space uses would not be active recreational facilities, or other uses deemed inappropriate as per state and local health regulations. B) Additionally, open space left entirely in its natural state (where the natural state is not active recreation) . Nitrification fields may not occupy portions of the site identified in 12, #3, and 17. Commissioner Halkiotis requested that the requirement for open 4 space be established in such a way that the County ensures that the land must remain in open space. Commissioner Gordon indicated that all of the Development Options described in the rural character study report need to be discussed. Normal procedure has the Comprehensive Plan being revised prior to the Zoning Ordinance being revised. If the Comprehensive Plan is going to be revised, the development options must be discussed. The Rural Character Element of the Land Use Plan needs to be taken to Public Hearing in a Comprehensive Plan format. Commissioner Willhoit suggested taking basic density to Public Hearing. The staff could then return with a revised calendar. Commissioner Insko indicated that "rural character" will mean different things in different parts of the County. For instance, higher density will be encouraged closer to the towns. Commissioner Willhoit asked for consideration of the idea of initiating small area plans, particularly in the University Station area. Commissioner Gordon stated that a comprehensive plan must be established prior to initiating small area plans. John Link indicated that he understands that the proposed public hearing will address minimum lot size, the definitions of open space, and the desirability of clustering or offering density bonuses to encourage clustering. Commissioner Willhoit stated that density, not minimum lot size, needs to be discussed at the Public Hearing. Commissioner Gordon indicated that water and sewer provisions in the watershed needs to be heard at this public hearing as well as size and scale of development. John Link proposed that Marvin Collins take the present time frame and revise it and bring it back to the Board. Commissioner Gordon indicated that the five (5) acre lot size also needs to be included in the Public Hearing. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting. The next regular meeting will be held on June 2, 1994 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Moses Carey, Jr. , Chair Beverly Blythe, Clerk