ALAMANCE COUNTY PLANNING BOARD

Transcription

1 Chairman W. Todd Lambert Planning Manager Jason S. Martin Commissioner s Meeting Room 124 W. Elm Street Graham, NC May 8, :00 PM ALAMANCE COUNTY PLANNING BOARD AGENDA I. CALL MEETING TO ORDER II. APPROVAL OF PLANNING BOARD MINUTES 1. April 10, 2014 III. IV. PUBLIC COMMENTS OLD BUSINESS 1. Draft Anti-Tethering Ordinance (Based on Board Action Request from Laws for Paws) V. ANNOUNCEMENTS VI. ADJOURNMENT Meeting Notes: 1. Those wishing to make public comments should sign-in prior to the meeting. 2. In order to be fair and ensure that all citizens wishing to speak may be heard, the Chair may place time limits on public comments. 3. Any further discussion by the public on a given agenda item is subject to the discretion of the Chair of the Planning Board

2 ALAMANCE COUNTY PLANNING BOARD REGULAR MEETING MINUTES Thursday April 10, :00 p.m., Board of County Commissioners Room Members Present Rodney Cheek Albert Freeman Randall Smith Bryan Foushee Todd Lambert (Chair) Robert Osborne (Vice Chair) Edgar Pritchett Members Absent Jimmy Ray Cobb, Jr. Monte Holland Don Jennings Rob Countiss David I. Smith Staff Present Jason Martin, Planning Manager Aspen Price, Planner Ben Pierce, Asst. County Attorney Guests Present Kimberly Hamilton Several other unidentified citizens I. Call to Order Chair Todd Lambert called the April 10, 2014 meeting of the Alamance County Planning Board to order at approximately 7:00 p.m. II. III. IV. Approval of Minutes Mr. Lambert asked if there were any changes to the minutes from March 13, Being none were made, Mr. Lambert asked for a motion to approve the minutes as written. A motion was made and seconded to approve the minutes from March 13, 2014 as written. The motion carried unanimously. Public Comments Mr. Martin advised the Board that no sign-up sheets were there, however there was a large group to speak regarding the Board Action Request. No public comments were made. New Business Board Action Request-Laws for Paws Proposed Anti-Tethering Ban Mr. Lambert introduced the Board Action Request from Laws for Paws and turned the floor over to Kimberly Hamilton to present the request. Ms. Hamilton introduced herself to the Board and informed them that she is a private investigator and has focused most of her efforts on animal cases for the past year. She stated that most of her calls had been for neglect of chained dogs that had been abandoned, starving, etc. Ms. Hamilton presented a slide show of pictures of tethered dogs in Alamance County that had been neglected and abandoned. Ms. Hamilton explained that her organization has attempted to educate owners and to re-home neglected dogs. She further stated that she has seen a link of tethering to dogfighting, drugs, and other criminal activities. Ms. Hamilton further explained that other counties in North Carolina such as Guilford, Orange, and Durham have adopted anti-tethering laws. After a lengthy discussion regarding the details of tethering and possible actions of the Board, a motion was made by Chairman Lambert to direct Staff to research the Guilford County Ordinance,

3 discuss it with the Sheriff s Department, and bring back a recommendation to the Board. The motion was seconded by Vice-Chairman Osborne. The motion carried unanimously. V. Old Business Open Space/Rural Preservation Subdivisions Presentation: Mr. Martin gave a presentation regarding Open Space and Rural Preservation Subdivisions. A copy of this presentation is attached to these minutes. A lengthy discussion took place regarding the details of open space preservation. Potential costs and profits of a Rural Preservation Subdivision versus a traditional subdivision were discussed. Mr. Martin explained to the Board what other jurisdictions have implemented; particularly Chatham County. After further discussion a consensus was reached to allow Staff to proceed with coordinating with other departments to pursue the development of new regulations for Rural Preservation Subdivisions. Mr. Martin stated he would try to have something by the next meeting. Quarterly Development Report: Mr. Martin presented a development report for the 1 st Quarter of A copy of the report is attached to these minutes. VI. VII. Announcements Mr. Martin announced to the Board that Aspen Price had submitted her 2 week notice. Mr. Martin thanked Ms. Price for her work over the past 6 months and stated that she had been a good person for the department and an excellent Planner. Mr. Lambert offered his congratulations to Ms. Price and wished her well. Adjournment With no other business to be discussed the Planning Board was adjourned at approximately 8:20 p.m. Respectfully Submitted, Jason S. Martin Planning Manager

4 5/2/2014 Land Development Plan Rural Preservation Subdivisions Public input sessions yielded two priorities: Protection/preservation of farmland Protection/preservation of open space Open Space/Natural Area Protection 9% 3% Farmland and/or Agricultural Area Protection 6% 3% Jason S. Martin, Planning Manager Alamance County Planning Board Meeting April 10, % More Same Less 91% More Same Less Other Existing Plans Projected Rate of Population Growth 1. Farmland Protection Plan (2007) Support farm friendly land use policies and programs. Expand land preservation programs. 2. Recreation and Parks Comprehensive Master Plan (2007) Creation of the Haw River Paddle and Land Trails Develop a 51 mile trail system to provide connections between parks, recreation facilities, and the Haw River Trail Create several district parks throughout the County. Projected Rate of Population Growth For comparison: (Housing units/sq.mi.) Alamance County: 159 Davidson County: 132 Guilford County: 342 Orange County: 129 Randolph County: 78 North Carolina : 90 United States: 38 1

5 5/2/2014 Tax Rates Alamance County: $.54/$100 valuation Durham County: $.7444/$100 valuation Guilford County: $.77/$100 valuation Chatham County:$.6215/$100 valuation Orange County: $.8515/$100 valuation Randolph County: $.61/$100 valuation Rockingham County: $.71/$100 valuation Caswell County: $.6590/$100 valuation Benefits of Rural Preservation Subdivisions Preserves rural character of the community Protects natural resources Provides areas for passive recreation Preserves cultural and historic resources Preserves and/or improves property values Considering its proximity to the Triangle and the Triad, Alamance County is an attractive area for residential development based on its low tax rate and plentiful water resources. Benefits of Rural Preservation Subdivisions Reduced infrastructure costs Lots tend to sell faster due to desirable amenities and features Infrastructure savings and increased value yields higher profits Encourages creative design as opposed to cookiecutter developments Examples in North Carolina 2

6 5/2/2014 Challenges to Rural Preservation Development Development is not necessarily contiguous limited connectivity of trails, open space, etc. Cannot target subdivisions to specific areas for preservation of historic sites, wildlife corridors, etc. Higher price could create an impediment to moderate income buyers. Perceived barriers of excessive costs and regulation/unclear guidelines. Possible Options Currently a rural preservation development would require a Subdivision Waiver. Waivers for this type of development (presumably a major subdivision) could require TRC approval, Planning Board review, and Board of Commissioners approval through a public hearing process. Such a process is costly to both the County and the Developer Proposed guidelines for a rural preservation development create a voluntary alternative to creating a traditional subdivision. The free market would decide the economic viability of the development. Core Components Minimum Lot Size 20,000 square feet Open Space Area Required 50%; half of which consists of buildable land. Target Areas Floodplain, riparian buffers, viewsheds, existing forest/tree cover Permitted Uses of Open Space Conservation, agricultural uses/farming, passive recreation, stormwater management, utility easements, community wells/sewage. Management of Open Space Permanent Protection Tool Easements, restrictive covenants Hypothetical Example Alamance County 3

7 5/2/2014 Scenario #1 Traditional Subdivision w/ no Open Space Total Tract Area Total Open Space % Open Space acres 0 acres 0% # Lots Lot Price Sales Revenue 47 $25,000 $1,175,000 Proposed Roads Cost (per linear ft.) Infrastructure Cost 4455 linear ft. $150 $668,250 Total Adjusted Profit (Revenue Cost) $506,750 Scenario #2 Subdivision w/ Open Space Total Tract Area Total Open Space % Open Space acres acres 50% # Lots Lot Price Sales Revenue 32 $25,000 $800,000 Questions?? Proposed Roads Cost (per linear ft.) Infrastructure Cost 1954 linear ft. $150 $293,100 Total Adjusted Profit (Revenue Cost) $506,900 4

8 Building Permits from January 1, 2014 through March 31, 2014 Permit Type # Permits Construction Cost New Single Family 65 $11,799, Single Family Alterations 46 $934, New Commercial 1 $185, Commercial Alterations 5 $398, New Mobile Homes 3 $207, Used Mobile Homes 14 $127, Total 134 $13,652, Note: Does not reflect all building permits, only for those referenced Subdivision Data-January through March 2014 Total Preliminary Plats 26 Total Final Plats 33 Total Plats 59 Net # of Lots Created 8 Note: Only reflects subdivisions for Alamance County and Swepsonville at this time Building Permits Issued -1st Quarter New Single Family Single Family Alterations New Commercial 46 Commercial Alterations New Mobile Homes Used Mobile Homes

9 New Single Family Construction Permits Single Family Alteration Permits Jurisdiction SFE Costs Jurisdiction SFA Costs Alamance County 26 $6,053,300 Alamance County 33 $638,600 Village of Alamance 2 $742,000 Village of Alamance 2 $52,600 Elon 4 $823,300 Elon 5 $158,000 Green Level 0 $0 Green Level 0 $0 Haw River 0 $0 Haw River 2 $10,900 Gibsonville-(Alamance) 13 $1,302,800 Gibsonville-(Alamance) 3 $19,000 Gibsonville-(Guilford) 10 $1,610,100 Gibsonville-(Guilford) 1 $55,000 Ossipee 0 $0 Ossipee 0 $0 Swepsonville 10 $1,267,600 Swepsonville 0 $0 Total 65 $11,799,100 Total 46 $934,100 Average Costs $181, Average Costs $20, New Commercial Building Permits Commercial Building Alteration Permits Jurisdiction BUE Costs Jurisdiction BUA Costs Alamance County 1 $185,800 Alamance County 2 $63,000 Village of Alamance 0 $0 Village of Alamance 0 $0 Elon 0 $0 Elon 3 $335,500 Green Level 0 $0 Green Level 0 $0 Haw River 0 $0 Haw River 0 $0 Gibsonville-(Alamance) 0 $0 Gibsonville-(Alamance) 0 $0 Gibsonville-(Guilford) 0 $0 Gibsonville-(Guilford) 0 $0 Ossipee 0 $0 Ossipee 0 $0 Swepsonville 0 $0 Swepsonville 0 $0 Total 1 $185,800 Total 5 $398,500 Average Cost $185,800 Average Cost $79,700

10 New Mobile Homes Permitted Used Mobile Homes Permitted Jurisdiction MHN Costs Jurisdiction MHU Costs Alamance County 2 $144,000 Alamance County 8 $112,500 Village of Alamance 0 $0 Village of Alamance 0 $0 Elon 0 $0 Elon 4 $8,500 Green Level 0 $0 Green Level 2 $6,200 Haw River 1 $63,400 Haw River 0 $0 Gibsonville-(Alamance) 0 $0 Gibsonville-(Alamance) 0 $0 Gibsonville-(Guilford) 0 $0 Gibsonville-(Guilford) 0 $0 Ossipee 0 $0 Ossipee 0 $0 Swepsonville 0 $0 Swepsonville 0 $0 Total 3 $207,400 Total 14 $127,200 Average Cost $69,133 Average Cost $9,086

11 Alamance County Ordinance Regulating the Tethering of Dogs Section 1. Title This ordinance shall be known as the Alamance County Ordinance Regulating the Tethering of Dogs (hereinafter referred to as the Ordinance ). Section 2. Authority The Board of Commissioners of the County of Alamance, pursuant to the authority conferred by the General Assembly of the State of North Carolina in General Statutes Chapter 153A, Sections 121, hereby ordains and enacts into law these articles and sections. Section 3. Jurisdiction This Ordinance shall be applicable to all unincorporated areas of Alamance County. Section 4. Administration The Sheriff of Alamance County, or his/her designee, shall be responsible for the administration and enforcement of this Ordinance. Section 5. Tethering Prohibited It shall be unlawful for any person to restrain a dog using a chain, wire, or other type of tethering device in a manner prohibited by this section. a. No person shall tether, fasten, chain tie, or restrain a dog, or cause such restraining of a dog, to a tree fence, post, dog house, or other stationary object. During periods of tethering that are not unlawful under this subsection, any tethering devise used shall be at least ten feet in length and attached in such a manner as to prevent strangulation or other injury to the dog or entanglement with objects. b. No Person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a cable trolley system, that allows movement of the restraining devise. During periods of tethering that are not unlawful under this subsection, the length of the cable along which the tethering device can move must be at least ten feet, and the tethering 1

12 device must be of such length that the dog is able to move ten feet away from the cable perpendicularly and attached in such a manner as to prevent strangulation or other injury to the dog and entanglement with objects. During periods of lawful tethering under this subsection, tethers must be made of rope, twine, cord, or similar material with a swivel on one end or must be made of a chain that is at least ten (10) feet in length with swivels on both ends and which does not exceed ten (10) percent of the dog s body weight. All collars or harnesses used for the purpose of the lawful tethering of a dog must be made of nylon or leather. c. No person shall tether a dog with a chain or wire or other device to, or cause such attachment to, any collar other than a buckle type collar or body harness. d. No person shall tether with a chain or a wire or other device to, or cause such attachment to, a head harness, choke-type collar or pronged collar to a dog. e. No person shall tether with a chain, wire or other device to a dog where the weight of the tethering device and the collar combined exceeds ten (10) percent of the dog s body weight. f. No person shall tether with a chain or wire or other device a dog in such a manner that does not allow the dog access to adequate food, water and shelter. g. No person shall tether a sick, diseased and/or injured dog, or puppy (a dog that is one year of age or younger). Section 6. Lawful Tethering A dog may be tethered, subject to the requirements of Section 5(a) & (b) in the following circumstances a. Usage of the dog in shepherding or herding livestock, or b. Use of the dog in the business of cultivating agricultural products, of the restraining is reasonably necessary for the safety of the dog, or c. Use of the dog in a lawful hunting activities if the restraint is reasonably necessary for the safety of the dog, or d. Use of the dog at a dog training or performance events, including but not, limited to the field trials and obedience trials where tethering does not occur for a period exceeding seven consecutive days, or e. Camping or other recreation where tethering is required by the camping or recreational area where the dog is located, or 2

13 f. Any activity where a tethered dog is in visual range of its Owner or Keeper, and the Owner or Keeper is located outside with the dog. After taking possession of a dog that appears to be a stray dog and after having advised animal control authorities of the capture of dog, tether and restrain the dog in accordance with the provisions for a period not to exceed seven (7) days as the person having taken possession of the dog is seeking the identity of the dog. Section 7. Exceptions a. Walking of a dog on a handheld leash. Section 8. Violations and Penalties a. Penalties: The owner of an animal shall be subject to escalating penalties for each violation of this ordinance. Said penalties are as follows: Offense 1st Penalty Written Warning 2nd $50 3rd $100 4th $150 5th & Successive $500 b. Failure to Pay: If any person upon whom a civil penalty is imposed by this section does not pay the civil penalty in full within fifteen (15) days of its issuance, each such penalty shall be automatically increased by an additional fifty dollars ($50.00). The County shall have the right to collect said payments and delinquency charges through Civil Action. c. Equitable Remedies: This ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. Section 8. Conflict with Other Laws. It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any existing provisions of any other ordinances or laws. However, if the requirements of any other lawfully adopted rules, regulations, or ordinances of the County of Alamance conflict with this Ordinance, the more restrictive or that imposing the higher standards will govern. 3

14 Section 9. Severability. If any section of specific provision or standard of this Ordinance is found by a court of competent jurisdiction to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of this ordinance. Section 10. Amendment. This ordinance may be amended from time to time by the Board of Commissioners of the County of Alamance on its own motion or on petition and after public notice and hearing. Section 11. Effective Date This ordinance shall be phased into effect over a period of eighteen (18) months from the date of adoption. Adopted this the day of, ALAMANCE COUNTY BOARD OF COMMISSIONERS Chair Commissioner Commissioner Commissioner Commissioner 4