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HomeMy WebLinkAboutAgenda - 08-17-1993 - III-A 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17, 1993 Action Agenda Item # SUBJECT: CP-2-93, LOUIS AND JOE BERINI DEPARTMENT: PLANNING PUBLIC BEARING: YES X NO ATTACHMENT(S): INFORMATION CONTACT: Application Materials/Staff Analysis Dave Stancil, Extension 2590 (Previously provided as part of May 24, 1993 public hearing agenda) TELEPHONE NUMBERS: Chronology of Events Hillsborough - 732-8181 Memoranda (3) Chapel Hill - 967-9251 Public Hearing Minutes (5/24/93) Durham - 688-7331 Planning Board Minutes (6/21/93) Mebane - 227-2031 PURPOSE: To consider a proposed amendment to the Land Use Element of the Comprehensive Plan submitted by Louis and Joe Berini. BACKGROUND: The site consists of 11.9 acres of land in Eno Township currently used as the 44-unit Caroline Mobile Park. Louis and Joe Berini are the owners of the park, located along the Durham-Orange County line. The proposal requests reclassification of the property from Rural Residential to Twenty-Year Transition. The site lies at the end of Howe Street (SR 1589), on the north side of Interstate 85 at the Durham County line, adjacent to Eno River State Park. The property is further referenced as Eno Township Tax Map 25, lot 54 (part). This amendment is a secondary amendment to the plan, as an expansion of an existing Twenty-Year Transition area located south of the interstate. The applicants have recently acquired sewer service from the City of Durham for the mobile home park, which has a number of septic tanks that date over 20 years in use. The extension of sewer service was recommended by the Orange County Health Department to remedy the likelihood of future septic tank problems. However, the County Engineer has expressed concerns with the sewer system design. Although within Orange County, the property is accessible only via the City of Durham and is contiguous with the Durham City Limits. The site is also within the city's Urban Growth Area as designated on the Durham 2005 Comprehensive Plan. Designation of this site as Twenty-Year Transition would recognize the existence of sewer service as an indicator of transition to urban land uses, and could potentially allow for rezoning to higher residential densities in the future. II 2 This matter was presented for public hearing on May 24, 1993. The applicant was the only person to speak on the item. The Board of Commissioners requested more information on the chronology of events concerning this request. This information is attached, along with three memoranda related to the chronology of events. The Planning Board considered the amendment at its June 21 meeting, and recommended approval of the amendment by a vote of 8-1 (please see attached minutes). RECOMMENDATION: The Administration recommends approval of the proposed plan amendment, in accord with the Planning Board's recommendation. The County Engineer's concerns about the sewer system design expressed in his memo of September 16, 1992 are still valid. There are questions about the size of the lines and the lack of manholes in the project. However, the plan amendment involves consideration at conceptual level of whether the area should be designated Twenty-Year Transition in the Plan based on the criteria for this classification. Approval of the plan amendment to Twenty-Year Transition does not automatically convey rezoning and the addition of new mobile home lots. The subsequent rezoning petition will involve a more detailed review of the site, and it is at this level that the County Engineer's concerns might best be addressed. 3 CHRONOLOGY OF EVENTS - CP-2-93, LOUIS AND JOE F. BERINI SPRING 1991 Applicants contract with the City of Durham to extend water service to the Caroline Mobile Home Park. Applicants unaware of need to contact Orange County concerning such extension. MAY 1991 Water service installation completed. JUNE 1992 Applicants contract with City of Durham to extend sewer service to Caroline Mobile Home Park. Applicants unaware of need to contact Orange County concerning extension. JULY 1992 Sewer line construction begins. SEPT 3, 1992 Applicant calls about erosion control plan, sets up appointment with Erosion Control Supervisor to review plans. Sewer extension plans first seen. Letter from Environmental Health presented regarding potential for failing septic tanks in future. Erosion Control notifies and meets with Comprehensive Planner III and Planning Director on the matter in the afternoon - plans sent to County Engineer for review. Erosion Control Supervisor contacts Environmental Health Division for clarification. SEPT 9, 1992 Memo from Environmental Health to Erosion Control Supervisor noting that there are no current septic tank failures in park, but the potential for increased failure in future exists. Thus Environmental Health supportive of public sewer extension. SEPT 10, 1992 Applicant's engineer meets with Erosion Control and County Engineer. SEPT 16, 1992 County Engineer memo notes concerns with project design and review procedure, but finds that the extension has been approved by the State, and is in keeping with the Water and Sewer Policy since it would correct what would become a public health emergency in the near future. SEPT 22, 1992 Applicant notified that Erosion Control Plan has been approved. Follow-up inspections of site conducted at later dates . OCT 27 , 1992 Applicants visit Planning Department, talk to Current Planning staff about expansion of 4 mobile home park. Staff learns of extension of sewer service (underway) . Applicants are told of need for amendment to the Comprehensive Plan in order to consider rezoning. Applicants meet with Comprehensive staff, pick up application materials and background information. NOV 2, 1992 Applicant meets with staff on plan amendment. DEC 3, 1992 Applicant submits application for plan amendment. JANUARY 1993 Sewer line extension completed. JAN 12, 1993 Applicant calls Comprehensive Planning staff, requests that amendment be delayed until May public hearing. JAN 14, 1993 Letter received from applicant formally requesting delay in public hearing date. Staff meets with applicant on 2-3 occasions in January-April on application process and questions . MAY 24, 1993 Public Hearing. 5 MEMORANDUM TO: David Stancil, Planner II FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Berini Mobile Home Park, Howe Street Sewer Extension DATE: June 2 , 1993 The following is a chronology of events of my contacts concerning this project. September 3 , 1992 . Mr. Berini called to make an appointment to bring the plans and application for the sewer extension. This is the first knowledge I had other than a conversation with Keith Rosemond concerning a call from either Mr. Berini or his engineer about submitting the erosion control plan. Mr. Berini came in later that morning and brought plans with a letter from Environmental Health stating that the septic systems were failing. He did not say if he had talked to Current Planning or the County Engineer. I believe this was after similar ques- tions had arisen about a water line extension for Mobile Acres II so I knew this question would come up. (I distinctly remember this because his check for the fees was number 2666 and my log entry number of that meeting was 666 . ) I recall that he told me that a water line had previously been extended from Durham County to the park. Talked with Gene Bell, since it obviously involved the Water and Sewer Policy, and gave him a copy of the plan. Met with Gene Bell and Marvin Collins later that afternoon. He said the extension could be done if there was a letter from the State or County stating that there is a failure of a disposal system that is "not otherwise correctable" by other means such as a package treatment plant or new filter fields. Marvin told me to send the information to Paul Thames, the county engineer . Later, Marvin told me that he had spoken with Paul Thames and that they will meet to discuss the matter. This was not a matter for the Board of Commissioners to decide upon, but Paul will Posi Office Box 8181 Carrboro/Chapel Hill 968-4501 Durham 688-7331 Hillsborough 732-8181 Mebane 227-2031 FAX 919-644-3002 Extension 2586 6 inform them. September 8 , 1992 . Discussed with Ron Holloway of Environmental Health. September 10, 1992 . Billy Walker, Mr. Berini' s engineer, brought in revised plans . We discussed the site and status with the county engineer. September 11 , 1992 . Mr. Berini called about the status of the application. I explained the need for either him or hiS engineer to talk with the county engineer and that it was a matter of waiting to go through the process before the permit could be approved. September 21, 1992 . Mr. Berini called again about status . Told him I had a message from the county engineer but I needed to talk to him first. Later I talked with Paul Thames and he said it was O.K. to proceed. He has concerns about the use of 6" lines but the State has approved it so there is nothing he can do about it. September 22 , 1992 . Billy Walker called at Mr. Berini' s request to see if I needed any more information. I told him no. Later, I called and left Mr. Berini a message that I would approve the erosion control plan, and he called to make an ap- pointment to pick up the permit. After I approved the plan work commenced and I had no further contact with Mr. Berini that I can recall. Keith Rosemond in- spected the site and had numerous contacts with him. #13 6-2-93. 7 • MEMORANDUM TO: Marvin Collins , Planning Director Warren Faircloth , Erosion Control Supervisor FROM: Paul Thames , County Engineer DATE: September 16 , 1992 SUBJECT : Berini sewer extension project I have review the plans for the above referenced project as per your request. I see nothing on these plans nor have I been able to learn anything regarding this project which does not conform to the letter and the intent of the County Water and Sewer Policy. The actual design of the sewer system is something that I am not happy with. There are many relatively short segments of pipe which collect the waste flow from up to ten mobile homes . These segments utilize six inch pipe which change vertical and horizontal alignment without using manholes . Many of these pipe segments intercept each other and the eight inch main collector line without the use of a manhole . While practices such as the use of six inch collectors and not using manholes at alignment changes and where collector pipes intersect are undoubtedly economical , I believe that they present the potential for future operational problems . Unfortunately, under current Orange County regulations , we apparently have not leverage or regulatory authority to compel the modification of the sewer design . The Berini sewer extension plans have been approved by both the City of Durham and DEM. I have spoken with DEM regarding my problems with the design of this project. According to Carolyn McCaskill , supervisor of the section responsible for permitting this project, the failure to use manholes at changes in alignment and at collector pipe intersections is contrary to DEM design standards . However, DEM does not now have plans for this project and cannot determine how the plans were approved with the problems I have noted . Ms . McCaskill indicated that DEM would look into the matter and see if the problems can be rectified . I do not have much hope for DEM ' s efforts as the plans have already been approved . One additional twist in this affair is that the permit application to DEM indicated that this project eras located in Durham County . Otherwise DEM would have given Orange County an opportunity to comment on the project design prior to project approval and permitting . 8 It may be that orange County may need to look at placing additional requirements on water and sewer utility construction within areas under the County ' s jurisdiction . If , for instance , all utility construction required that a special use permit be acquired, County staff would have an opportunity to review plans and would also have the leverage to effect changes that were in the best interests of the County and its citizens . It may also be necessary to develop a set of design standards for utility line construction . I would be happy to work with you and with those utilities who extend utilities into the County to develop and implement those standards . I will continue to follow up with DELI on its actions regarding this project and will pass the information along to you. If you have any questions or comments related to this matter, please advise . ^ r r � 9 Cn �r�ge Cau«ty ` eaQth �epall, r(temt Dan■eI B Reimer MPH Director ENVIRONMENTAL HEALTH DIVISION ��^�� r' PERSONAL HEALTH DIVISIDi, P.O. Box 8161. 3060 Revere Road DENTAL HEALTH DIVISION ANIMAL CONTROL DIVISION a •sr�r` �' P.O. Box 878:, 300 W Tryon S;. P.O Box 8181, 304 Revere Road — �1 � Hillsborough, N.C. 27278 Hillsborough,N.C. 27278 17 * J' HILLSBOROUGH CHAPEL MILL MEBANE' (919) 732-8181 (919)967-9251 h d"`\ (919)227.2032 DURHAM rr (9 9)686-7333 September 9 , 1992 MEMORANDUM TO: Warren Faircloth, Erosion Control Supervisor From: Ron Holdway RE: Septic Systems at Caroline Mobile Home Park I spoke with you yesterday concerning the extension of public sewer from the City of Durham to serve Caroline Mobile Home Park. Your office had requested Louis Berini, a part owner of the park, to provide you with information concerning the condition of the existing septic systems before giving approval for the project. At this time, I do not know of any malfunctioning systems in the park. However, we have seen an increase in the number of systems failing in the park in the past few years , mostly during the late winter and early spring when wetter conditions exist. Given the age of the systems and the limited amount of on-site repair options available, the expectation is that the numbers of failures will continue to increase and the likelihood of successful repairs will decrease. Because of these facts , we on the Environmental Health staff were hopeful and supportive of the Berini ' s efforts to install public sewer in the park. While there is no current emergency situation in the park, the public sewer would prevent such conditions in the future caused by failing septic systems . From . a public health standpoint ,- such preventative measures are always better than reactionary ones . For your information, I have enclosed a copy of a letter I sent to DEM concerning this matter back in early August. Please call or come see me if you have any questions concerning this matter. SOUTHERN ORANGE OFFICE:Carr Mill Mall, Suite 225, :00 N. Greensooro SL, Carrboro, N.C. 27510, (9)9)958•2022 10 Public Hearing Minutes 10 5/ 24/ 93 A letter signed by ..22 members of the Stagecoach Run Homeowners' 2 Association asked that three amendments be made to the Zoning Atl; 3 Amendments: 4 ( 1) The finger of land east of Stagecoach Run development, located 5 south of the proposed Oakdale Drive extension, Tax Map 4SE, 5 Block A, Sec 3 , be zoned for 40 , 000 square foot residential 7 lots. 8 (2) That lots 1 , 2 , 3 , and 4 on Tax Map 4 SE, Sec 3 , Block A, 9 located on Plat Book 27 , page 5 be included in the Stagecoach 10 Run development. , 1 (3) That the area beyond the extreme southwest boundary of the 12 Stagecoach Run development be zoned R-2 with a 100 foot buffer . 13 14 A motion was made by Commissioner Willhoit, seconded by Commissioner 15 Halkiotis to refer this item to the Planning Board for a recommendation to be 16 returned to the Board of County Commissioners no sooner than August 4 , 1993 . 17 VOTE: UNANIMOUS 18 19 b. CP-2-93 Louis and Joe Berini 20 Planner David Stancil introduced this item for the purpose of 21 receiving public comment. This amendment to the Land Use Element of the 22 Comprehensive Plan was submitted by Louis and Joe Berini. The site consists 23 of 11. 9 acres in Eno Township, containing the Caroline Mobile Home Park. The 24 park is located on the north side of Interstate 85 at the Orange-Durham County 25 line. The applicant is requesting that this area be redesignated in the 26 Comprehensive Plan from Rural Residential to Twenty-Year Transition. Although 27 within Orange County, the property is accessible only via the City of Durha' 28 Water and sewer is now available to the site by the City of Durham. Conceri._ 29 cited by County Engineer Paul Thames about the system design and the adequacy 30 of the sewer lines would be better addressed at the rezoning level of this 31 process. Louis and Joe Berini would like to add some additional lots on this 32 land with this amendment. 33 Louis Berini, part owner of the Caroline Mobile Home Park, noted 34 that he and his brother want to develop the unused portion of their property. 35 The 11. 9 acres was purchased in 1965 . By 1967 they had developed 44 lots . 36 A large portion of the unused land would not perk according to the standards 37 in 1967 . By 1990, the City of Durham put water and sewer within 200 feet of 38 their property which gave them the opportunity to install water that year and 39 by 1992 made plans to install the sewer. This took a lot of planning , time 40 and money . They want to add to the park in an effort to increase their 41 revenue. He feels this amendment is reasonable and asked that the Board 42 approve it as presented . 43 COMMENTS OR QUESTIONS FROM THE COUNTY COMMISSIONERS OR MEMBERS OF THE PLANNING 44 BOARD 45 Commissioner Gordon asked that the Planning Department prepare 46 a report on what they did after they found out that this request violated the 47 water and sewer policy . 48 49 THERE WERE NO CITIZEN COMMENTS 50 51 Motion was made by Commissioner Halkiotis , seconded by 52 Commissioner h'illhoit to refer this item to the Planning Board and to adjoin 11 11 the public hearing until 7 : 30 p.m. on August 17 , 1993 to receive the Planning Board recommendation. VOTE: UNANIMOUS 4 5 5 . ZONING ATLAS (MAP) AMENDMENTS 6 a. Z-1-93 Economic Development Districts 7 This item was considered under item 4a above. 8 9 b. Z-2-93 Marilyn and David Liner 10 Planner Emily Cameron presented for citizen comments a proposed 11 Zoning Atlas amendment in Efland. The property is located on the west side 12 of Efland-Cedar Grove Road approximately 650 feet north of US Highway 70 on 13 the south side of McGowan Creek. The total area proposed for rezoning 14 contains 4 . 18 acres . In the adopted Land Use Element of the Comprehensive 15 Plan, the property is designated Ten Year Transition in the Efland Center 16 Commercial-Industrial Node. The current zoning is Residential-1 and Protected 17 Watershed II . The zoning district proposed is Residential-3 . The property 18 does have access to public water and sewer and Efland-Cedar Grove Road is a 19 collector road. 20 21 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS OR MEMBERS OF 22 THE PLANNING BOARD. 23 24 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. 25 26 Lindsay Efland spoke in favor of this proposal . Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to refer this item to the Planning Board and to adjourn the public 29 hearing until 7 : 30 on August 4 , 1993 to receive the Planning Board 30 recommendation. 31 VOTE: UNANIMOUS 32 J J 34 6 . ZONING ORDINANCE TEXT AMENDMENTS 35 a . Economic Development Districts 36 This item was considered under item 4a above. 37 38 b. Nursing Homes Planner Emily Cameron presented this item to receive public 40 comment on proposed amendments to the Zoning Ordinance which would create a 41 land use category and development standards for nursing homes . ' Under the 42 current Zoning Ordinance provisions , a nursing home facility for more than 43 fifteen unrelated individuals must comply with standards for a rehabilitative 44 care facility . The Planning Staff proposes a new land use category and 45 appropriate standards for nursing homes to be included in Articles 4 , 8 , 10 46 and 22 which would allow nursing homes as a Class A Special Use Permit. L7 48 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS, MEMBERS OF 49 THE PLANNING BOARD OR CITIZENS . 50 51 Motion was made by Commissioner Ins}:o, seconded by Commissioner Halkiotis to refer this item to the Planning Board and to adjourn the public 12 Planning Board Minutes 6/21/93 8 Willis noted that there were no comments other than the applicant 's at the public hearing. Cantrell asked where this property received access . Reid responded that access is through Wexford Subdivision. MOTION: Reid moved approval as recommended by the Planning Staff. Seconded by Scott. VOTE: Unanimous . AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING MAY 24, 1993 a. Comprehensive Plan Amendment ( 1 ) CP-2-93 Louis and Joe Berini Presentation by David Stancil. The site consists of 11.9 acres of land in Eno Township currently used as the 44-unit Caroline Mobile Park. Louis and Joe Berini are the owners of the park, located along the Durham-Orange County line. The proposal requests reclassification of the property from Rural Residential to Twenty-Year Transition. The site lies at the end of Howe Street (SR 1589 ) , on the north side of I-85 at the Durham County line, adjacent to Eno River State Park. It is Tax Map 25 , lot 54 (part) . This amendment is a secondary amendment to the plan, as an extension of an existing Twenty-Year Transition area located south of the interstate. The applicants have recently acquired sewer service from the City of Durham for the mobile home park, which has a number of septic tanks that date over 20 years in use. The extension of sewer service was recommended by the Orange County Health Department to remedy the likelihood of future septic tank problems . Although within Orange County, the property is accessible only via the City of Durham and is contiguous with the Durham City Limits. The site is also within the city's Urban Growth Area as designated on the Durham 2005 Comprehensive Plan. Designation of this site as Twenty-Year Transition would recognize the existence of sewer service as an indicator of transition to urban land uses, and could potentially allow for rezoning to higher residential densities in the 13 future. At the May 24, 1993 public hearing, the applicant was the only person to speak on the item. The Board of Commissioners requested more information on the chronology of events concerning this request. The chronology is an attachment to these minutes on pages The Planning Staff recommends approval of the proposed amendment. Stancil indicated the location of the property on a map noting how one must go into Durham to enter the mobile home park. Burklin asked what has been done to prevent future extension of water and sewer services without following the proper procedures . Stancil responded that correspondence had occurred between Marvin Collins, Orange County Planning Director, and Paul Norby, Durham City-County Planning Director which addresses that issue. The Water/Sewer policy applies in the County but does not have any enforcement mechanism. Therefore, adjacent jurisdictions are not aware of the policy and can enter into contract with individuals for water/sewer extensions . The correspondence which Stancil referred to informs Durham of the water/sewer policy and asks that they do not extend the service into areas in Orange County that are not designated as an area for such services . Stancil continued that another reason the extension occurred without prior Orange County knowledge was that the application sent to the State Division of Health indicated that the project was in Durham County. The lines are in place and the area is adjacent to a transition area. Reid asked where the property taxes were being paid if the project was listed for Durham County. Stancil responded that the property taxes are paid in Orange County. Stancil stated that the application for the extension of water and sewer had to be sent to the State Division of Health for a permit. The application was sent from the City of Durham engineer' s office, thus leading the State Office to the conclusion that the project is in Durham's jurisdiction. 14 1 Burklin asked if the County could set up a penalty to avoid such happening again. Stancil responded only if there was an interlocal agreement between the two jurisdictions. That has been discussed and there is a possibility of such an agreement in the future. Burklin noted that he understood that this issue must be resolved, but, encouraged the pursuit of interlocal agreements to avoid such an incident in the future. Stancil responded that this area is a part of the area that the City of Durham does plan to annex within the next twelve years . Eidenier expressed concern that the Orange County's Sheriff Department had stated that any changes/increases in the park may require additional personnel. She felt that issue needed to be considered. Boland expressed concern that access to the park is only gained by going into the City of Durham' s jurisdiction. Cantrell asked if it would be possible to recommend to the Board of Commissioners that they ask the City of Durham to proceed with annexation. Stancil responded that the Planning Board could include that request as part of their recommendation. In response to a question from Reid regarding Durham's annexation, Stancil emphasized that the area is within Durham's urban growth area which means it is an area that they intend to annex and provide urban services to by the year 2005 . However, he also noted that this area is within the low priority area for such an annexation and service. Stancil continued that annexation would help in many ways . The area is much more associated with Durham than Orange County since one must go into Durham to gain access to the mobile home park. MOTION: Waddell moved approval as recommended by the Planning Staff. Seconded by Hoecke. Reid asked how many lots are proposed to be added. The applicant, Mr. Berini indicated that there would probably be a total of ten additional lots but would only be added one or two at a time. VOTE: 8 in favor. 1 opposed (Eidenier - due to Sheriff 's comment 15 that additional personnel may be needed with any change or increase in the number of lots and the cost for that service. She felt that the Board of Commissioners should have discussion with Durham regarding all of the problems of this property) . 1 abstained (Walters - new member) . MOTION: Burklin moved that Orange County pursue discussions with the City of Durham in this area with respect to establishing systems and assurances that proper procedure and discussion is followed before extension of water and sewer into the County. Burklin further moved to request that discussions be held between Orange County and Durham public safety groups to make sure that this area is adequately covered by public safety standards (police fire and rescue services) . Seconded by Eidenier. VOTE: Unanimous . Burklin asked that an update on this issue be presented to the Planning Board in two months time. Stancil agreed. b. Zoning Atlas Amendments ( 1) Z-2-93 Marilyn and David Liner Presentation by Emily Cameron. The property in question is located on the west side of Efland-Cedar Grove Road (SR 1004 ) approximately 650 feet north of US Highway 70 on the south side of McGowan Creek. The total area proposed for rezoning contains 4 . 18 acres and is described as Lot 33 , Block A of Tax Map 31 in Cheeks Township. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition in the Efland Center Commercial-Industrial Node. The current zoning is Residential-1 and Protected Watershed II (Upper Eno) . The zoning district proposed is Residential-3; the PWII designation will remain in place. Adjacent property to the south is residential and a cemetery. To the east and west, land use is residential. Across McGowan Creek to the north is the Efland Mill zoned Industrial-1 .