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-~` _~~ MINUTES ORANGE GOUNTY BOARD OF COMMISSIONERS AND THE PLANNING BOARD JOINT PUBLIC HEARING MARCH 10, 1987 The Orange County Board of Commissioners met in joint session with the Orange County Planning Board on March 10, 1987 at 7:30 p.m. in the Cultural Arts Center, Chapel Hill High School, Chapel Hill, North Carolina for a quarterly joint planning public hearing. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., John Hartwell, Stephen Halkiotis and Don Willhoit. PLANNING BOARD MEMBERS PRESENT: Barry Jacobs (Chair), Chris Best, Dan Eddleman, Peter Kramer, Mike Lewis, Betty Margison, Sharlene Pilkey, Brenda Swann, Prince Taylor, Carl Walters, and Steve Yuhasz. A. BOARD COMMENTS Chair Marshall apologized for the notices being sent out late to those citizens who reside in the Rural Buffer area. She stated that notices had been published in the newspapers. B. AUDIENCE COMMENTS .~ 1. MATTERS ON THE PRINTED AGENDA Those who had signed up to speak will be recognized at the appropriate time. 2. MATTERS NOT ON THE PRINTED AGENDA None. PUBLIC CHARGE Chair Marshall read the Public Charge as stated in the agenda. County Attorney Geoffrey Gledhill made reference to the recommendation made in the Rural Buffer Study that would allow property owners of record in the RB to create one lot for each child which would be exempt from the size .requirements o€ the RB zoning classification. He stated that there are also two other amendments that are related to that exemption and they would not be necessary if the Board accepts his recommendation to not permit an exemption for special consideration for children or family members. He continued, stating that, in his opinion, the County would be either without authority to do that or would in other ways violate the laws of the United States and North Carolina. He cited the 14th amendment of the U.S. Constitution which requires equal protection under the laws that regulate land use. The focus of the power of planning enabling legislation is on the use of the property rather than on the ownership. There is no rational basis under the law for distinguishing between owners of property when the use of the property is identical. The North Carolina Constitution has a similar provision -- Article 1, Section 19 says that no person shall be denied equal protection of the laws. Article 1, Section 32 states that no person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but. in consideration of public ser"vice. There is no public service involved which would exempt family members from dimensional requirements of the Ordinance. Therefore, there is a likelihood that any exemption for family members would likewise violate the North Carolina Constitution. The enabling legislation which allows