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HomeMy WebLinkAboutAgenda - 01-17-1979 :7 087 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JANUARY 17, 1979 The Board of County Commissioners met in special session on Wednesday, January 17, 1979, at 6:00 p.m., in the Cnmmissioners'Room of the Courthouse> in Hillsborough, North Carolina. LLL Members present: Commissioners Richard Whitted, Norman Nalker, Norman Gustaveson, Von Willhoit and Anne Barnes. .. -' Item 4: _ ._ .. . _..n_.�.. ._. . . -• -.-t: �.._ _- ndments to Oran a Co • _.., Ordinance .. -----� .- _,,_,Agenda unt 5ubdivisi Commissioner Gustaveson moved the proposed Section T-D,"Purpose, Authority, Jurisdiction,' on page 1, be disapproved. Motion died for lack of a second. Commissioner Willhoit moved, seconded by Commissioner Walker, to adopt the Planning Board's recommendation, as amended by the Planning Staff, on Page 1, to include a new section which reads as follows: # Private Property Rights: This Ordinance, all material included herein by reference and all material used for the administration of this Ordinance, do not take any property, property right nor property use nor convert any of these to public use except by due process of law. Vote: ayes, 5; noes, 0. Commissioner Willhoit moved, seconded by Commissioner Walker, to adopt the Planning Board's recommendation to amend page 2, Section II, "Definitions as follows: 1) Amend the definition of easement to read: A grant of rights by the property owner to a portion of land for a specified purpose. 2) Add the definition of Minor Subdivision to page 2, Section 11, "Definitions". Commissioner Gustaveson moved, seconded by CDMMissioner Barnes, to adopt the Planning Board's recommendation, as amended by the Planning Staff, on page 4, "Procedure for Plat Approval", as follows: _ Section III-A-1. Subsequent to the effective date of this ordinance, no land within Orange County shall be subdivided, or resubdivided and offered for sale, gift, exchange or in any other way conveyed until a plat thereof has been approved as herein provided. No plat shall be recorded by the Orange County Register of Deeds until this approval is entered in writing on the face of the plat as herein provided. X88 i Section III-A-2. All proposed subdivisions shall be reviewed by the Orange County Planning Staff for initial determination as to whether the proposed subdivision is exempt from the requirements of this ordinance. In making this determination, the planning Staff shall � ll review the proposal, considering, among others, the following factors: a. Existing land use in ' the area. b. The number and pattern of lots to be created. c. Current use of the tract to be subdivided. d. Topography of the tract to be sub- divided. e. Soii'types and applicability to stated purpose for subdivision. f. Improvements anticipated. -g.-Affidavit of subdivider who is requesting an exemption as to the proposed use of the tract to-be subdivi-led and the nature and reason for division. (For example, probate, division among heirs, par i tition among co-tenants, continuing agricultural use, sale, gift, lease, etc.). } Where a street is to be created and platted as Part of the subdivision in question, the subdivision shall not be exempt from the provisions of this ordinance regardless of any other factors. All transfers or, sales, exempt or not, of an interest in any property within a subdivided tract shall be made by express reference, book and page, to the retarded plat thereof_ Section III-A-3. If the Planning Staff Shall determine that the sub- division is exempt from the provisions of this ordinance, the final plat shall be endorsed to that effect and may be recorded with the Register of Deeds The Orange County Building Inspector shall be notified of all such exempted plats. It shall be the duty of the Orange County Building Inspector to insure that no building permits are issued for subdivided property so exempted. In order to develop property so exempted, subdivision approval must be obtained pursuant to this ordinance. Vote: ayes, 5; noes, Om Commissioner Wilihoit moved, seconded by Commissioner Gustaveson to change the planning Board's recommendation, as amended by the Planning Staff, on page 4, "Procedure for Plat Approval% Section III-A-4, to read as follows: The subdivider may appeal the denial of a requested exemption to the Orange County Board of Commissioners. This appeal must be made within X89 30 days of notification of the Planning Staff's decision and must be made to the Board of Commissioners in writing, The Board of Commissioners shall calendar all such appeals for hearing giving written notice to the subdivider and the planning Staff at least ten days prior to hearing, The Board of Commissioners shall make findings of fact in support of its decision. The proposed subdivider shall be notified in writing of the Board of Commissioner's decision within ten days after the said decision is made. Vote: ayes, 5; noes, 0, b�•-Cori, s Jpner Gustav eson,--_, ..__._..— --.�`.s_ s���_,.,�,�ommissioner;l�j.l.lhn.3t-mnv_�-s•.o,-n _..—. .�....,,,.__..._:._.__:._ to - _.. adopt tfie' Planning Board's recommendation and addition to page,5, - "Procedure for Review and Approval of Minor Subdivisions", as follows.: to Section III-C-1, add: The decision of the Planning Board may be appealed by either the subdivider or the Planning Staff to the County Commissioners. Vote: ayes, 5; noes, 0. commissioner Willhoit moved, seconded by Commissioner Gustaveson, to disapprove the Planning Board's recommendation to amend page 5, "Procedure for Review and Approval of Minor Subdivisions, Section III-C-2. Vote: ayes, 5; noes, U. Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to adopt the Planning Board's recommendation, as amended by the Planning Staff, to add to page 5, "Procedure for Review and Approval of Minor Subdivisions", a proposed new subsection, Section III-C-3-a, which reads: When access to a minor subdivision is proposed via a pre-existing, platted, Private road, and where the private road provides access to lots in addition to the lot(s) created by the proposed minor subdivision, the planning Board may recommend a variance, pursuant to subsections VII-A to -0 of this ordinance, from the right:-of-way and maintenance requirements of subsection IV-B-3-e of this ordinance. All variances shall be granted in accordance with Section VII of this ordinance. Vote: ayes, 5; noes, ©, Commissioner Gustaveson moved, seconded by Commissioner Willhoit, the proposed amendment recommended by the Planning Board on page B, "Preliminary Plan Approval:.', Section III-U-4-a, No. 6, be denied, Vote: ayes, Commissioners Gustaveson, Willhoit, Barnes, and Whitted; noes, Commissioner Walker. 090 Commissioner Wi1ihoit moved, seconded by Commissioner Rustaveson, to adopt the Planning Board's recommendation to amend the second sentence under Section III-D-4-B, page 8, "Preliminary Plan Approval", i as follows: i r The subdivider may be required to demonstrate how potential problems have been avoided or the impacts of development minimized by the use of ' mechanical devices, arrangement of lot lines, buffer strips, large lots, or any other appropriate techniques. Vote: ayes, 5; noes, o, Commissioner Willh.git moyed,.seconded,bLCommi#sioner Barness,. to _ adopt the Planning"Board't-recommendat16ii to delett- the last sdntende in Section III-D,-4-d, on page B. "Preliminary plan Approval", Vote: ayes, 5; noes, 0. Commissioner Custaveson moved, seconded by Commissioner Willhoit, to disapprove the Planning Board's recommendation to replace Section III-D--q--d, on page B, "Preliminary Plan Approval". Vote: ayes, 5; noes, 0. Commissioner tillhoit moved, seconded by Commissioner Custaveson, to t adopt the Planning Board's recommendation to add the following sentence to Section III-E-]„ page 9, "Final Plat": The Planning Board's decision may be appealed by the subdivider to the County Commissioners. Vote. aves, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Barnes, to adopt the Planning Board's recommendation to delete the last two sentences in Section IV-B-2, on page 13, "Land Suitability", and replace those two sentences as follows: Each lot that does not contain a suitable building site shall be designated on the plat as being of restricted development potential and by instrument recorded in the Orange County registry as specifically prescribed by Section III-E-5-e of this ordinance. Vote: ayes, 5; noes, 0. Commissioner Barnes moved, seconded by Commissioner ?Talker, to adopt the Planning Board's recommendation to amend page 14, Section IV-5-2, (paragraph 3), as follows. The proposal shall be evaluated by the Planning Board for potential impairment of the habitat of rare and endangered species or unique natural areas as listed by the Worth Carolina Natural Heritage Program or North Carolina Natural Areas Advisory Committee. Vote ayes, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to deny the Planning Board's recommended amendment to page 17, "Lot Layout, Section IV-B-5-b. Vote: ayes, 5, noes, o. Commissioner Willhoit moved, seconded by Commissioner Barnes, to approve the Planning Board's recommendation, as amended by the Planning Staff, on page 17, "Reservation of Space for Utilities", Section IV-B-6-a so that the last sentence reads as follows: Utility easements, setbacks or other ways may be. required along acnss'l.otLL�r-'the axtensiori of exts't1n or lanriecT - " _ utilities such as poles, wires, coridvits, storm or sanitary sewers and water or gas lines. Vote: ayes, 5; noes, 0. Commissioner Gustaveson moved, seconded by Commissioner Valker, to Adopt the Planning Board's recommendation to delete Section IV-B-6-b, on page 17, "Reservation of Space for Utilities", Vote: ayes, 5; noes, 0. Commissioner 1011hoit moved, seconded by Commissioner Gustaveson, to adopt the Planning Board's recommendation to amend the first sentence of Section IV-B-8, "Buffer Strip", to read as follows: A buffer strip may be required in a subdivision adjacent to railroads, limited access highways, commercial development, industrial development, critical areas of natural environment and agricultural areas where the Planning Board shall find an incompatibility between the existing use and the proposed use. Vote: ayes, 5; noes, 0. Commissioner Barnes moved, seconded by Commissioner Gustaveson, to adopt the Planning Board's recommendation to amend page 15, "Storm Mater Management", Section V-B-I:B, to read as follows: Protect the charactetrtsttcsand capacity of natural drainage ways, and encourage reliance on natural drainage for thb removal of runoff by preventing their impoundment, except where there may be a site for intentional storm water detention. Vote: ayes, 5; noes, 0. Commissioner Barnes moved, seconded by Commissioner Gustaveson, to adopt the Planning Board's recommendation to delete Section V-C-2, "Waste !dater Disposal% on page 20. Vote. ayes, 5; noes, 0, t 092 i i Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to disapprove the Planning Board's recommendation to add a proposed new section on page 21, "Removal of Final Plat Restrictions", Section VI. Vote: ayes, 5; noes, 0, Commissioner Willhoit moved, seconded by Commissioner Barnes, to disapprove the Planning Board's recommendation to amend page 22, "Variances", Section VII. Vote: ayes, Commissioner Gustaveson, Whitted, Willhoit, and Barnes; noes; Commissioner Walker. m Commissioner W1110t moved, seb'dhded b,y Conel-sVioner Barnes; to' adapt the Planning Board's recommendation to replace the word "developer" ! with the word "subdivider" throughout the ordinance. Vote: ayes, 5; noes, 0. Commissioner Willhoit requested the Planning Director review the changes in the subdivision ordinance with the Planning Board. He also requested the Planning Director look into the question raised about definition of the word "tract" and the question raised about the reference to "thoroughfare plan". Commissioner Barnes requested the dates on the subdivision regulations be clarified. Dr. Lang, Chairman of the Eno Advisory Council, felt the Planning Director should have reviewed his recommendations for alterations to the subdivision regulations with the Planning Board and Advisory Councils before submitting them to the Commissioners. Commissioner Gustaveson requested the subdivision ordinance be typed in a more attractive form with a section designated to explain the steps required in the subdivision process. Agenda Item 5: 9 rows Commissioner Gustaveson moved, seconded by Commissioner Barnes, to accept the low bid on the Grady Brown Renovation Project. Vote: ayes, 5; noes, 0. Commissioner Barnes said a certificate of appropriateness would have to be obtained from the Hillsborough Historical Commission. Commissioner Gustaveson said he would like to invite both school systems to a meeting in early February to discuss their long-range capital outlay needs. He requested a letter be sent to both boards notifying them the Commissioners would be contacting them shortly about a joint meeting so that the schools could update their long-range capital outlay needs, Commissioner Gustaveson requested the County Manager discuss the staff's long-range capital outlay needs at the February 5th meeting. He also requested the Finance Director present the long-range budget document for the capital outlay plan at the Feburary 5th meeting, Mr. Everett Kennedy offered some office space he had for the county to rent at $2.00 a square foot. Agenda Item 6: Developmental Disabilities Proposal Commissioner Willhoit loved, seconded by Commissioner Gustaveson,`to enter into-an agreement,-with the-Developmental Disabi'-ities Council for �techniicWT"'assi'stA, nca In co"m'P" in 9 a'needs"ass essment for 0566e.Co, u' nty. •. ,...�_.._. Vote: ayes, 5; noes, b. Agenda item 7: Announcements Commissioner Barnes announced the Council on Aging would hold the January 31st scheduled hearing at Cuibreth Junior High School. Commissioner Whitted said the Board would consider the Planning Department's recommendation on a proposed water line extension into Eno Township from the City of Durham at the February 5th meeting. Agenda Item 8: Executive Session - Commissioner Gustaveson moved, seconded by Commissioner Nillhoit, to go into executive session to discuss litigation matters and the announcement of the 'fax Commissioner's findings on certain exempt properties. The Chairman called the meeting back to order in regular session to announce to the public the County Attorney had received the ruling of the North Carolina Board of Tax Commission for Orange County vs. University of North Carolina. There being no further business to come before the Board, Commissioner Nillhoit moved, seconded by Commissioner Gustaveson, to adjourn. Vote: ayes, 5; noes, 0. �ichard E. Whit ed, C airman Mary Lou Bouley, Clerk