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HomeMy WebLinkAboutAgenda - 10-14-1987 APPROVED DECEMBER 1. 1987 1 MINUTES JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD OCTOBER 14, 1987 A Joint meeting was held by the Orange County Board of Commissioners, the Chapel Hill Town Council, the Carrboro Board of Aldermen and the Orange County Planning Board on October 14, 1987 at 7:30 p . at the Culbreth Junior High School cafeteria, Chapel Hill, North.mCarolina Gfor the purpose of holding a public hearing on the proposed Joint Planning Agreement. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. CHAPEL HILL TOWN COUNCIL PRESENT: Mayor Pro Tem William Thorpe and Council Members Jonathan Howes, R. D. Smith, David Godschalk, Arthur Werner and Julie Andresen. CARRBORO BOARD OF ALDERMEN Mayor James Porto and Aldermen Randy Marshall, John Boone, Hillard Caldwell, Judith Wegner, Tom Gurganus and Zona Norwood. ORANGE COUNTY PLANNING BOARD: Chair Barry Jacobs and members Dan Eddleman, Mike Lewis, Betty Margison, Sharlene Pilkey, Prince Taylor and Steve Yuhasz. STAFF PRESENT: Interim County Manager Albert Kittrell, Clerk to the Board Beverly A. Blythe, Administrative Secretary Planning Director Marvin Collins, Planner's Gene Bell, Greg Szk a Emily Crudup. g ymi and A. BOARD COMMENTS Chair Marshall made opening remarks. She stated that the purpose of the public hearing is to discuss the Joint Planning Agreement as recommended to Carrboro, Chapel Hill and Orange County by the Intergovernmental Work Group. The agreement is the culmination of twelve years of work and addresses changes in planning authority given to counties by the State Legislature in 1973 . It is the first cooperative approach to this subject in the state. Chair Marshall then opened the floor for Board comments. Mayor Pro Tem William Thorpe commented that the process for adopting joint planning had been a long one and that David Godschalk had been the "spokesperson" for the Chapel Hill Town Council. John Boone, Carrboro Board of Aldermen, commented on the long process, noting that Judith Wegner, Mayor Porto, and Tom Gurganus had been important contributors in the process for Carrboro. Commissioner Willhoit stated that with the jurisdictions on the verge 2 of adopting an agreement, this was just the beginning of Joint Planning. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those individuals who have indicated a desire to speak will be recognized during the public hearing portion of the meeting. C. PUBLIC CHARGE Chair Marshall read the public charge. D. PUBLIC HEARING 1. PROPOSED JOINT PLANNING AGREEMENT BETWEEN ORANGE COUNTY AND THE TOWNS OF CHAPEL HILL AND CARRBORO (The complete text is on file in the permanent agenda file in the Clerk's Office) Marvin Collins, Planning Director for Orange County, identified on maps and explained various portions of the Joint Planning Area. He pointed out the Rural Buffer which totals 38,000 acres. He continued the presentation as contained in the attached Summary on pages of these minutes. Collins indicated that if the various jurisdictions reviewed and adopted the agreement prior to November 2, the Board of Commissioners could consider it for approval at that meeting. In answer to a public question on delineation of the boundary line to the northwest, Collins responded that the line follows the boundary of the New Hope Creek watershed. With reference to the dividing line between Chapel Hill and Carrboro to the railroad, Collins responded that the dividing line emerges from the Towns' jurisdictions along the railroad, follows the railroad until it reaches High School Road, then follows the boundary of the high school property and High School Road to Homestead Road. In answer to a question about the jurisdiction's right to veto, Chair Marshall responded that on the most important issue, changes to the Land Use Plan, all three jurisdictions retain a veto. On development projects, there is appropriate courtesy review. The Land Use Plan amendments themselves are those items which must be agreed upon and on which public hearings must be held. A concern was expressed about being served by police or emergency services in one jurisdiction when another was closer. Chair Marshall indicated this could be a problem for any adjoining jurisdictions. However, she stated that all of the public safety organizations of Orange County work closely in providing services. Virginia Cunningham, President of the League of Women Voters - Chapel Hill/Carrboro, read a prepared statement. That statement is attached to these minutes. JANET TULOWIECKI - Resident of Fox Meadow Subdivision, stated that she lives in the Rural Buffer which is to become part of Transition Area II 3 of Carrboro. She stated that the residents of Fox Meadow wish to remain in the Rural Buffer, or, if that is impossible, to be placed in the Transition Area of Chapel Hill. She continued that it was the opinion of Fox Meadow residents that Carrboro has not demonstrated the type of planning and governmental judgment that is in line with the residents philosophy. She reminded the Boards that previously, Carrboro had proposed an industrial node at the crossroads of Homestead Road and Old NC 86. Also, a short time ago, the Carrboro Board of Aldermen adopted and then dropped, at the advice of Mayor Porto, a provision that would allow Carrboro to annex property within ten miles of its Town limits. Recently, the Carrboro Aldermen proposed that their Board should appoint the Chairpersons to citizen advisory boards which she felt was a way to insure the adoption of Board philosophy. She also reminded the Boards that a Commissioner, then a private citizen, had informed the public of horror stories about service delivery in some of the most recently annexed areas of Carrboro. She noted that one of the Commissioners had stated that the idea of Joint Planning was to work things out but she felt Carrboro desired to swap things out. She expressed concern that once the watershed study was complete, Carrboro would have control of the watershed as well as the Fox Meadow properties. She submitted a petition (attachment to these minutes) with the signatures of 100% of the households of Fox Meadows Subdivision, requesting that they remain in the Rural Buffer or be placed in the Transition Area of Chapel Hill. She continued that the Fox Meadow residents felt that the Town of Chapel Hill more clearly embodied the principles of careful planning and preservation of quality communities. She noted that amendments to the Joint Planning Area Land Use Plan and map could be made and asked that the Boards honor this request. KEN MEARDON , Resident of Fox Meadow, expressed the desire to remain a part of the Rural Buffer, noting that he and his wife are new residents to Orange County. He noted that he expected annexation in the future but felt it would be by Chapel Hill rather than Carrboro. He noted that there was no requirement that a road be used to draw a dividing line between jurisdictions; it was not logical to divide the Rogers Road community between the jurisdictions of Carrboro and Chapel Hill, nor for Fox Meadow to be placed in Carrboro's jurisdiction. He stated that an established community should have more weight in determining future land use rather than those yet to be developed. He indicated he felt the Board was receptive to the request being made by those residents of Fox Meadow, but expressed concern that the vote on the plan was going to take place too quickly. CAREY FLOYD , Resident of Fox Meadow, expressed respect for the Boards and the point which had been reached in Joint Planning and noted that his disagreement was not with the concept of Joint Planning but with the location of the dividing line. He stated that he felt a 100% representation of a compact community should be considered with high weight in the decision on this matter. The concern is that the line down Rogers Road be shifted to the west as there is a great deal of land out there with very low density which could be divided between Chapel Hill and Carrboro leaving Fox Meadow on the Chapel Hill side of the line. ALICE GORDON , former Planning Board member, read a prepared statement. That statement is attached to these minutes. JULIE ANDRESEN responded to Dr. Gordon that the ten-day time period for courtesy review was only if Orange County is in agreement. If Orange 4 County is not in agreement, the thirty-day review period is still in effect. Also, in Section 2 .6.D, Ms. Andresen noted that no one is precluded from making recommended changes. JEF submitted a statement which was read by Chair Marshall. That statement is attached to these minutes. RANDY DANZIGER , Resident of Calvander, indicated he was impressed that a final agreement was close to being signed, but expressed a concern that there was insufficient restrictive language in the Land Use Plan to restrict development in the watershed. He asked that the Boards get clear opinions from at least two disinterested counsels that the ordinance modifications and agreements presented will indeed prevent development in the watershed. He expressed support for the fifteen-day minimum period for passing judgment on an amendment. He felt this was adequate time for citizen concerns to be presented. He also requested that the line running from the Calvander intersection back to Carrboro city limits be shifted to the edge of the Hillsborough Road right-of-way or to the center line of the road. He felt this could prevent future conflict for the area between Carrboro city limits and Calvander. JAMES PORTO , Mayor of Carrboro, stated that the Boards had issued resolutions to initiate a moratorium on water/sewer extensions until such time as the OWASA watershed study is completed. He noted that his Board had requested that letters be sent to the other governmental Boards asking that a moratorium also be placed on community septic systems and package treatment plants in the watershed. This would place a moratorium on large-scale development in the watershed. JAMES E. PLYMIRE commended the Boards for their perseverance in developing a Joint Planning Agreement. He indicated the dividing line on Rogers Road could create an inefficiency for the controlling jurisdiction. ROGER POPE President of Fox Meadow Subdivision, indicated he preferred to remain in the Rural Buffer and felt it senseless to have two city limits so near to each other. He felt annexation was definitely the next step for Carrboro and indicated that it was preferable to be annexed by Chapel Hill. He expressed concern with fire and police protection if Fox Meadow came under the jurisdiction of Carrboro and his opposition to becoming a part of Carrboro, emphasizing the proximity of Chapel Hill High School. His first choice would be to remain in the Rural Buffer and his second choice would be to be annexed by Chapel Hill. TOM GURGANUS , Carrboro Board of Aldermen, stated that the school referenced by Mr. Pope and other Fox Meadow residents was the Chapel Hill/Carrboro high school even though the name Chapel Hill High School does not reflect that. Chair Marshall responded that this is true. The Chapel Hill High School is the high school for the Chapel Hill/Carrboro City School District. DENISE KENNIHAN , Fox Meadow Resident, indicated she had the same concerns of other Fox Meadow residents. Her preference, other than remaining in the Rural Buffer, would be to be part of the Transition Area of Chapel Hill. She preferred to keep her Chapel Hill address. R. D. SMITH , Chapel Hill Town Council member, asked about the feasibility of redrawing the boundary lines as requested by the Fox 5 Meadow residents. Chair Marshall reminded those present that boundary lines must be drawn at some point. JONATHAN HOWES , Chapel Hill Town Council member, noted that such an agreement as the one being considered is subject to amendment and that there are provisions for such amendments. He stated that at every meeting he had attended regarding Joint Planning, some unanticipated problem had arisen. He stated that the progress made indicated, in general, common goals and objectives with respect to planning. He saw all of this as a remarkable achievement and felt that the problem that was presented at this public hearing could be addressed or accommodated even though he did not know the answer at this point. Commissioner Willhoit stated that the Fox Meadow Subdivision did not meet the current Rural Buffer standards since the minimum lot size for the Rural Buffer is two acres. Also, before Carrboro could possibly provide urban services for annexation, they would have to build some satellite fire stations and other municipal type buildings. He felt it would be at least twenty years before annexation into Carrboro could take place, but annexation into Chapel Hill could occur much sooner since it is closer to its urban service areas. JULIE ANDRESEN , Chapel Hill Town Council member, noted that she was pleased by the statement from Mayor Porto regarding the resolutions for a moratorium on development in the watershed. This was a point that she felt had not been sufficiently addressed in the Joint Planning Agreement. DAVID GODSCHALK , Chapel Town Council member, stated that the maps presented by Collins, with the carefully defined growth areas and boundaries had placed these jurisdictions in a position of adopting an orderly way of growing, of managing growth, protecting resources and protecting the future which is not seen in any other surrounding areas. JUDITH WEGNER , Carrboro Board of Aldermen, asked that the Planning Staffs consider alternatives that may be available with the redrawing of the dividing line. She indicated that Carrboro is eager to proceed with the signing of the Joint Planning Agreement and is pleased with the progress made. She expressed the desire to hear alternatives so that the Boards could act on the agreement as soon as possible. Chair Marshall stated that she felt the suggestion made by Ms. Wegner was a good one and asked that the Planning Staffs meet and formulate a recommendation to the two municipal boards first in order that it could be presented to the County. MARY JANE YOUNG , Fox Meadow Resident, reminded the Boards that this was not the first time Fox Meadow residents had spoken in opposition to being in Carrboro's jurisdiction. She noted that some of the same concerns were presented at the February public hearing but were possibly "drowned out" by concerns expressed by Calvander residents. Dr. Halkiotis asked that the Planning Staffs review the dividing line from the perspective of efficiency of urban services. He also stated that he felt it is time that the stigma be removed from the "Gang of Eight", noting that he felt a distinguished job had been done under very trying conditions. RANDY MARSHALL , Carrboro Board of Aldermen, noted that he wished to 6 remind those present that the issue is a Joint Planning Agreement and not annexation. He felt that annexation into Chapel Hill and/or Carrboro is not in the foreseeable future. He noted that Carrboro had exercised voluntary annexation only, and it is not the desire of any Carrboro Board member to annex anyone who does not wish to be part of Carrboro. He concluded that many residents, including Board member Caldwell as well as himself, have Chapel Hill addresses since all of the rural routes are Chapel Hill rather than Carrboro. Chair Marshall stated that the attorneys for the jurisdictions have worked hard over the summer on the agreement. She reemphasized the recommendation that the Planning Staffs meet to seek alternatives to the dividing line on Rogers Road so that the municipalities can make their recommendations to the Board of County Commissioners for action. JUDITH WEGNER asked that the Fox Meadow residents choose a contact person to meet with the staffs for input in order to help reach a decision acceptable to all those concerned. E. ADJOURNMENT With no further items to consider, Chair Marshall adjourned the meeting at 9:10 p.m. Shirley E. Marshall, Chair Joanna Bradshaw, Administrative Secretary Beverly A. Blythe, Clerk