HomeMy WebLinkAboutAgenda - 05-05-1997 - 9a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 5. 1997
Action Agenda
Item # 9_a
SUBJECT: SUP (A)-3-97 Orange Regional Landfill
DEPARTMENT: PLANNING PUBLIC HEARING: Yes_x—No
BUDGET AMENDMENT REQUIRED: Yes_x—No
ATTACHMENT(S): INFORMATION CONTACT:
Eddie Kirk
Application Extension: 2582
Vicinity Map
Staff Memorandum TELEPHONE NUMBERS:
Findings of Fact Hillsborough 732-8181
2/24/97 Public Hearing Minutes (Draft) Durham 688-7331
4/2/97 Planning Board Minutes(Draft) Mebane 227-2031
Petitions Submitted to Planning Department Chapel Hill 967-9251
PURPOSE: To consider a Class A Special Use Permit application for an addition to the
Orange Regional Landfill.
BACKGROUND: The Orange Regional Landfill is located on the north and south side of Eubanks
Road (SR 1727)north of Chapel Hill. The subject property (Tax Map Number
7.18..27D) contains 12.76 acres and is located immediately west of the existing
landfill on the north side of Eubanks Road. It is zoned Rural Buffer and
designated Rural Buffer on the Joint Planning Area Land Use Plan. The existing
landfill is in the Chapel Hill Transition Area on the Joint Planning Area Land Use
Plan.
The applicants are requesting a Class A Special Use Permit under Article 8.8.2 of
the Orange County Zoning Ordinance to construct a 4000 square foot vehicle
maintenance building, to process yard waste and storm debris on an ongoing
basis, and to process recyclable materials which will include white appliances,
tires and scrap metal.
2
Access to the site will be provided through the existing landfill. There will be no
direct access to Eubanks Road.
A 100-foot buffer will be provided around the perimeter of the site, except along
the eastern border, next to the existing landfill. The Chapel Hill Planning
Department indicated concern with landscaping on the property. The Orange
County Planning Staff inspected the property and found all landscape standards
are met. The wooded area along Eubanks Road has been shown on the site plan.
Vegetation will not be disturbed as the building construction area will be
approximately 90 feet away. A condition of approval has also been added to
insure that all vegetation within the 100 foot buffer will remain undisturbed. In
the 100 foot buffer along the western property line (referred to as internal buffer
areas in the Chapel Hill letter)there are young mixed hardwoods approximately 6
feet in height that meet the landscaping buffer requirements. Land within the
designated storage area for yard waste,mulch and recyclables will be seeded,
repaired and maintained.
The hours of operation of the site will be from 7:00 a.m. to 4:00 p.m. Monday
through Friday, and 8:30 a.m. to 12:00 noon on Saturday. Gayle Wilson, Director
of Solid Waste Management for Chapel Hill, has indicated this building is needed
immediately for repair of the vehicles at the landfill, it is not an expansion of the
landfill and would therefore not involve any landfilling activity. The existing
landfill will be used through the year 2004 or 2005 and would have to be
monitored for 30 years after that,therefore this building will be needed for many
years.
Febru v 24 1997 Public Hearing Comments
Harold Harris spoke in favor of the request indicating that at the present time they
do not intend to recycle white goods or any other metals, but they would like to
have the option to use this land for the purpose of recycling.
Ms. Inna Deng Johnson requested that the landfill not be expanded. She indicated
it would be a better idea to have the question of siting the new landfill answered
prior to any additional building on the site.
Draft minutes of the hearing are attached. The application was referred to the
Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than April 1, 1997.
3
On April 2, 1997 the Planning Board, in a 9 to 2 vote, recommended approval of
the Class A Special Use Permit Application per the attached findings with the
following conditions:
1. All vegetation within the 100 foot buffer shall remain undisturbed. A waiver
of the 100 foot buffer shall be provided along the property line next to the
existing landfill.
2. Yard Waste,mulch and recyclables shall be kept in the designated area as
indicated on the site plan. Land within this designated area not in use shall be
seeded, repaired and maintained.
3. The maximum amount of recyclables stored on the site at any one time shall
include the following: 12 tons of white appliances, 500 tires and 6 roll-offs
for storage of scrap metal.
One Planning Board member was concerned with the definition of public
necessity for this use. The other Planning Board member was concerned with the
effect this would have on contiguous property. (See attached Planning Board
minutes.)
RECOMMENDATION: The Administration recommends the County Commissioners close the Public
Hearing and approve the Class A Special Use Permit per the Planning Board
recommendation.
4
r
(PLEASE TYPE OR PRINT - INK ONLY) 8/88
APPLICATION FOR CLASS A SPECIAL USE PERMIT
ORANGE COUNTY BOARD OF COMMISSIONERS
DATE: 1 / Cv / 97 uupp
APPLICATION NUMBER: sa(N 9�
I (We) request a Class A Special Use Permit as provided for in Article g of the
Orange County Zoning Ordinance for -:L. eleoeo -
rl G G IQ-.7d, garg 5 i . CL4-SU ac 'A
I-e=v,e "A'
o c:.. 0 1n.s iol.76 acre .n c a n+-
el o ,ti
(tit�i
The following information is provided in support of this request:
A. PROPERTY INFORMATION:
' Street Address or Location: Eu losJss D 6- Z 172 GIB e( 4'1I KG
Orange County Tax Map 1� Block Lot(s) 27 a Township :1
Zoning District(s): MIE5 - Jct�-
�-
Lot/Parcel Size: I-2,.?6 acres acres or ssZ A)a S-. ro square feet
Number of Existing Buildings: —0— Gross Floor Area: -e0 — square feet
Number of Proposed Buildings: I Gross Floor Area: 4,000 square feet
Water Supply:Exi`sf.wQl� Public (Specify) -- Community Individual
Wastewater Disposal:Ne�.., 5 .`e Public (Specify) — Community — Individual
School District: F+-lI Fire District: Me.a HOJM
General Land Uses in Area:
Critical Areas: — Stream/Drainageway — Flood Prone Area
e.., Hoi2.2 Watershed (Specify) — Historic Site
Other (Explain)
B. SITE PLAN INFORMATION:
Twenty-six (26) copies of a Site Plan, prepared by a registered North Carolina
surveyor or engineer, are provided as required by Article 8.8 and which contain the
following information:
✓ North point, scale, and date.
Extent of area to be developed.
T— Locations and widths of all easements and rights-of-way within or adjacent to
the site.
Location of all existing and proposed structures on the site.
✓ Location of all areas on the site subject to flood hazard or inundation as shown
on flood maps or soils maps.
Location of all water courses on the site, including direction of flow.
✓ Existing topography at a contour interval of five (5) feet based on mean sea
level datum.
Existing and proposed fencing, screening, gates, parking, service, and storage
areas.
Access to site, including sight distances on all roads used for access.
(PLEASE COMPLETE REVERSE SIDE)
5
C. OTHER SUBMITTAL INFORMATION:
✓ EIevations of all structures proposed to be used in the development.
✓ Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy
with the property in question clearly marked.
✓ The names and addresses of the property owner(s) and/or applicant(s), and the
names and addresses are all persons owning property within five hundred
(500) feet of the property in question.
Application fee as set by the Orange County Board of Commissioners.
U A Traffic impact study as required by Article 13 of the Zoning Ordinance.
—MIA Additional information regarding the proposed Special Use as required by
Article 8 of the Zoning Ordinance.
Narrative (or letters from appropriate agencies) indicating:
1. Method and adequacy of provision of sewage disposal facilities, solid
waste disposal, and water service. Where public sewer is not
available, a letter from the Orange County Health Department
certifying the suitability of the existing and/or proposed
wastewater treatment system for the property.
2. Method and adequacy of police, fire, and rescue squad protection.
3. Method and adequacy of vehicular access to the site and traffic
conditions around the site.
I (We), the applicant(s), hereby certify that the foregoing application and supporting
documentation is complete and accurate. I understand that it shall be my (our)
responsibility to present evidence to the Board of Commissioners the form of testimony,
exhibits, documents, models, plans, and the like to support the request for approval of the
Class A Special Use Permit.
i
o/` o
APPLICANT SIG TURE(S)
DATE
NOTE: I[ title to the above mentioned property is not In the name of the applicant(s),
please Include a letter from the owner(s) signifying approval of the request.
...............................................................................
FEES: Amount S Date Paid: / 1 97 Receipt //C S3/
MICHAEL HIKING ARCHITECTS
_ _
Members of the American institute of Architects ■ Michael H. Hining, A.LA ■ Barry F. HLll, ALA ■ Keittetft R. Trivette, ALA
6
January 14, 1997
Ms. Mary B. Willis
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
re: Class A Special Use Permit
Vehicle Maintenance Building for Orange Regional Landfill
(Johnson Tract)
Dear Ms. Willis:
In accordance with your request for additional application information, we offer the
following;
a) We wish to request a waiver for the required buffer along the Eastern property line of the
Johnson Tract This side of the property is adjacent to the landfill and the would be
circulation way between the landfill proper and the proposed supporting vehicle
maintenance building.
b) In support of 8.21 of article 8-Special Uses
8.2.1, b), (1) The use will maintain or promote the public health, safety and general
welfare, if located where proposed, developed and operated according to the plan
submitted;
At this time there is not adequate on-site vehicle maintenance facilities for the extra-large
tracted vehicles required for landfill purposes. Approval to develop this building will provide a
much needed on-site service. It will help ensure the proper operation of the landfill and will
help keep the larger vehicles on-site and not in transit on public roads to and from remote
repair sites. In addition, this owner believes that the tract could provide a public service as a
staging area for recyclable materials.
8.21 b), (2) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not maintain or enhance
the value of contiguous property);
FRANKLIN PARK■ 1516 EAST FRANKLIN STREET, SUITE 201 ■P.O. BOX 2504 s CHAPEL HILL.NORTH CAROLINA 27515-2504
c:Wocwnsnt1969A011I97--1.doc
January 14, 1997 7
Ms.Mary B.Willis
Page 2
The Owner believes that the addition of an on-site vehicle maintenance facility will improve the
operating efficiency of the existing landfill and is therefore a public necessity. In addition, the
surrounding 100 foot buffers on the South, West and North property lines will serve to
insulate contiguous property and maintain their current value.
8.2.1 b), (3) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to located and the use is in
compliance with the plan for the physical development of the County as embodied in
these regulations or in the Comprehensive Plan, or portion thereof, adopted by the
Board of County Commissioners;
The location is contiguous to the existing landfill property and is in harmony with that use.
Please call us if you have any questions.
Sincerely,
MICHAEL HINING ARCHITECTS
Michael J. Hieing, AIA
8
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ORANGE COUNTY PLANNING DEPARTMENT 9
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD AND BOARD OF C0ACMISSIONERS
FROM: ORANGE COUNTY PLANNING STAFF
DATE: JANUARY 30, 1997
SUBJECT: SUP(A)-3-97 CLASS A SPECIAL USE PERMIT
ORANGE REGIONAL LANDFILL
1514 EUBANKS ROAD
GENERAL.INFORMATION
APPLICANT: Orange Regional Landfill
Gayle Wilson
Chapel Hill Director of Solid Waste Management
1514 Eubanks Road
Chapel Hill,NC 27516
STATUS OF APPLICANT:Owner
REQUESTED ACTION: Approval of a"Class A" Special Use Permit under Section 8.8.2
(Landfills)of the Orange County Zoning Ordinance
PURPOSE: To construct a 4000 square foot vehicle maintenance building,to process yard
waste and storm debris on an ongoing basis and to process recyclable materials.
The recyclable materials will include white appliances, tires and scrap metal.
EXISTING LAND USE AND ZONING:
NORTH- Duke Forest zoned RB.
SOUTH- Eubanks Road and wooded land zoned RB.
EAST- Orange Regional Landfill..
WEST- Young 5 to 6 year wooded growth on land zoned RB.
LAND USE PLAN: The Joint Planning Area Land Use Plan designates the area as Rural
Buffer.
10
FINDINGS OF THE ORANGE COUNTY PLANNING STAFF
PERTAINING TO Orange Regional Landfill
APPLICATION: Gayle Wilson - Chapel Hill Director of Solid Waste Management
Special Uses must comply with general and specific standards as set forth in Article 8. Article 8.2.1 b) requires written
findings certifying compliance with the following:
(1) Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are
divided into two (2) section which include:
(a) Application components; and
(b) Specific standards for Special Uses (Article 8.2.4, Article 8.8.2.1 and 8.8.2.2).
(2) Other requirements as set forth in the Zoning Ordinance, including the provisions of Article 5
(Dimensional Requirements) and Article 6 (Application of Dimensional Requirements).
Listed below are the findings of the Orange County Planning Department regarding the application in question. The
findings have been presented by Article and requirement to assist the Board of Adjustment in its deliberations.
ARTICLE 8.6 AND 8.8 -APPLICATION COMPONENTS ("Yes" indicates compliance: "No" indicates Non-compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
8.6 - Application submitted on forms —x—Yes No A complete application on Yes No
providing full and accurate description appropriate forms has been
of proposed use, including location, submitted.
appearance and operational
characteristics.
8.8 a) - Twenty Six (26) copies of _x—Yes No Twenty Six (26) copies of the Yes No
the site plan prepared by a registered site plan, prepared by
land surveyor, architect, or engineer. Michael Hining Archtitects
have been submitted.
8.8 b) - Elevations of all proposed _x_Yes No Elevations are shown on Yes No
structures to be used in the development. the plans. The vehicle
maintenance building
is the only building proposed.
8.8 c) - A fee, as set by the Board _x—Yes No The application fee has been Yes No
of County Commissioners. paid.
11
ARTICLE 5 DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance• "No" indicates Non-compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
Article 5 lists standards for minimum
lot size, lot width, front, side and
rear setbacks, maximum building height
and lot coverage, and development
intensity.
The applicant has applied for a
Special use Permit on property zoned
RB. The standards for the RB district
are set forth in Article 5.1.2 and
are as follows:
a) Minimum lot area per dwelling _x—Yes No There are 12.76 acres Yes No
unit 87,120 sq. ft. in the tract.
b) Minimum lot width - _x—Yes No 715 feet is indicated Yes No
130 feet on the site plan.
c) Required front setback - _x—Yes No The vehicle maintenance Yes No
40 ft. building is approximately
190 feet from the road
right-of-way.
d) Required side and rear _x—Yes No The Building is Yes No
setbacks - 20 ft. approximately 100 ft.
from the closest property
line.
e► Maximum building height - _x—Yes No Building height does not Yes No
25 ft. exceed maximum allowed.
Compliance with lot coverage and
development intensity standards
is addressed in Article 6.
f
12
ARTICLE 6 -APPLICATION OF DIMENSIONAL REQUIREMENTS f
("Yes" indicates compliance: "No" indicates Non-compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
ENDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
Article 6 lists specific standards
which apply to various types of
development applications.
Article 6.12 contains those
development intensity standards
which apply to group developments
controlled by the Land Use Intensity
(LUI) system.
a) Minimum gross land area - NIA
N/A
b) Maximum gross land area- N/A
N/A
c) Maximum floor ratio - _x—Yes No Maximum permitted by Yes No
.088 ordinance is 50,308.2
sq. ft. Applicant's plans
indicate floor area of
4,000 sq. ft.
d) Required minimum open space _x—Yes No Applicant's plans indicate Yes No
ratio - .84 567,684.3 sq. ft. of
open space.
Required minimum open space -
480,214.8 sq. ft.
e) Required minimum pedestrian/ _x—Yes No Applicant's plans indicate Yes No
landscape ratio - .21 240,420 sq. ft. of pedestrian/
landscape space.
Required minimum pedestrian/
landscape space - 120,053.7
sq. ft.
Note: See Appendix A for "Definitions".
13
'
ARTICLE R 4 -SPECIFIC STANDARDS/ALL SPECIAL USES ("Yes" indicates compliance: "No" indicates
Non-compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
Article 8.2.4 requires the applicant
to address the following:
a) Method and adequacy of provision _x—Yes No Applicant indicates water Yes No
for sewage disposal facilities, will be supplied by individual
solid waste and water service. well. Suitable soils have been
found by the Orange County
Health Department for a
conventional septic system.
b) Method and adequacy of police, _x—Yes No Fire protection will be provided Yes No
fire and rescue squad protection. by the New Hope Volunteer Fire
Department, rescue service by
the Orange County Emergency
Management, and police protection
by the Orange County Sheriff's
Department.
c) Method and adequacy of vehicle _x—Yes No The property will not have Yes No
access to the site and traffic direct access onto Eubanks
conditions around the site. Road. Access to the site will
be through the existing landfill.
14
ARTICLE 8.2.2 - LANDFILLS(Class A Special Use) ("Yes" indicates compliance: "No" indicates Non-compliance) •
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
8.8.2.1 Additional Information
a)
1) Typical cross sections showing Yes No Landfilling is not proposed Yes No
extent of overburden, extent _x_N/A for this site. N/A
of fill and water table
elevation, based on mean sea
level datum;
2) Proposed handling and storage Yes No Landfilling is not proposed Yes No
areas for overburden, by-products _x_N/A for this site. N/A
and fill materials;
3) Proposed fencing, screening and _x—Yes No Screening, parking and service Yes No
gates, parking, service and other areas are indicated.
areas;
4) Any areas proposed for ponding; and _x—Yes No There are no areas proposed Yes No
for ponding.
5) Access roads to the site, as well as _x—Yes No The two access dirt roads from Yes No
on-site roads, with indication of the landfill to the site are
surface treatment to limit dust, indicated.
and sight distances on all roads
used for access to the site.
b)
1) The date of commencement of _x—Yes No The operations will begin with Yes No
operations and their expected approval of the SUP and
duration. continue until landfill is closed.
2) Proposed hours and days of operation. _x—Yes No Days and hours of operation are Yes No
indicted on the site plan.
3) Complete description of operation, _x_Yes No A complete description of the Yes No
including source of materials, method proposed operation has been
of compaction, type of sealing submitted. There is no
proposed, types and number of landfilling on the proposed site.
equipment to be used.
4) Any phasing of operations and _x—Yes No No phasing is proposed. Yes No
relationship among phases.
5) A Rehabilitation Plan shall be Yes No Landfilling is not proposed Yes No
submitted. _x_N/A for the site. N/A
f
15
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
8.8.2.2 Standards of Evaluation
The following standards shall be
used in evaluating an application
for a permit to conduct a sanitary fill:
a) All operations associated with the
fill shall conform to the following
performance standards:
1) Direct illumination resulting from the ^x_Yes No The site plan indicated there Yes No
operation shall not fall upon any land will not be direct illumination
not covered by the application. off-site.
2) Equivalent sound levels at the _x—Yes No The site plan indicates sound Yes No
boundaries of the fill site shall not levels will be complied with.
exceed the following standards:
between 7:OOam and 7:OOpm 68 dBA
between 7:OOpm and 7:OOam 58 dBA
3) Vibration levels at the boundaries of Yes No Vibration levels are not applicable Yes No
the fill site shall not exceed the _x_N/A since landfilling is not proposed. N/A
following standards:
steady state 1.0 inches/second
impact 2.0 inches/second
b) The Rehabilitation Plan shall be Yes No A Rehabilitation Plan is not Yes No
referred to the Orange County Soil ^x_N/A proposed. N/A
and Water Conservation District
for review and recommendation,
in particular regarding the landscape
material specified, the planting and
maintenance proposed to ensure
continuous growth and development,
and the acceptability of the proposals
for the handling of lakes, ponds, etc.
c) The permanent roads, defined as _x—Yes No The site plan indicates the Yes No
those to be used in excess of one access roads will be 6" ABC
year, within the fill site shall be stone. A fill site is not
surfaced with a dust free material, proposed,
such as soil cement, bituminous
concrete or Portland Cement concrete.
d) Roads other than permanent roads _x—Yes No The site plan indicates Yes No
shall be treated with dust inhibitors, the access roads will be
to be specified in the Operations 6" ABC stone.
Plan, which will reduce to a minimum
the generation of dust from the road
surfaces as a result of wind or
vehicular action. Propertly operated
water wagons are an acceptable means
dust inhibition.
MAR-14-1997 12=35 BOCCE 9196443064 P.08i09
DRAFT FEBRUARY 24, 1997 PUBLIC HEARING MINUTES
18
1 portion of the property to be used for entrance and exit to The Old Pl ace. This use of his property causes 114 of an
2 we of his land to be unusable.
3
4 Emily Cameron corrmrmmented that her understanding was that the roans frontage was granted through
5 perpeti,aieasernent
6
7 A motion was made by Cornmssbrier Carey.Jr.,seconded by Commissioner Halkiods.to refer the proposed
8 amendment to the Planning Board for a recomrrwxWon to be returned to the Board of C irnmissioners no sooner
9 than May 5, 1997.
10 VOTE UNANIMOUS
11
12 (c) SUP(A)-3.97 Orange Regional Landfill
13 This item was presented by Eddie Kok for the purpose of receiving citizen comment
14 on a Class A Special Use Permit for an addition to the Orange Regional Landf L The Orange Regional Landfill is
15 In trd on the north and south side of Eubanks Road(SR 1727)north of Chapel Hill. The subject property(Tax Map
16 Number 7.18.27D)mains 1276 cares and is located In i, Lately west of the mooting tandf ll on the north side of
17 Eubanks Road. it is Zoned Rural buffer and designated Rural Buffer on the Joint Planning Area Land Use Plan. The
18 existing landfill is in the Chapel Hill Transition Area on the Joint Planning Area Lard Use Plan. The applicants are
19 requesting a Class A Special Use Permit under Article 8.82 of the Orange County Zoning Ordinance to construct a
20 4000 square toot vehicle maintenance building,to process yard waste and storm debris on an ongoing basis.and to
21 process mgctable rmrateriak which will include white appliances,tines and scrap metal. Access to the site will be
22 provided through the e)dMV landfill. There vvill be no direct access to Eubanks Road. A 100400t buffer will be
23 provided Wound the perimeter,of the site.accept along the eastern border,next to the existing landfill.
24
2s '
26
27 Commissioner Gordon asked for darilications about storage of scrape me ta!on the site.
28
29 MG Kirk afafnd that the scrape metal would be in roll-off containers. He asked Mr.Harold Harris,who is
30 employed at the Landfill,to speak to this"otter.Mr.Hants was swum in at this time.
31
32 Harold Harris irxlirated that they are requesting the option to use this land for the purpose of recycling,not
33 only for white goods,but tires and scrap metal as weq. He indicated that at the present time they do not intend to
34 recycle white goods or any other metals but they would like to have the option.in response to a question.he stated
3S that no one Gees next door to the WxML Duke University is on the North side and on the west side there are no
36 houses. Across the road about SW feed down there is a house. He also mentioned that this 4000 sq.R fadllty would
37 be in operation 15 or 20 years at l east. Water would be provided by well and sewer by septic system.
38
39 COMMENT'S ANDMIR QUESTIONS FROM CiTQEN :
40
41 Ms.Inns Deng Johnson.a landowner adjacent to this site,requested that the landfill not be expanded. The
42 Wxk wrm m in this area are not being eonVensated for loss of property value which results from living new the landfill.
43 She felt that the time was wrong to allow this fatality to be built It would be a better idea to have the question of siting
44 the new landfill answered prior to any additional building On this site.
45
46 A motion was made by Corn mnissioner Carey..Jr.,seconded by Commissioner Brown,to refer the proposed
47 amend"mera to the Planning Board lbr a r mraendation to be returned to the Board of Commissioner no 3001W
48 than April 1, 107.
49 VOTE: UNANIMOUS
50
51 (d) PD-1-97 Carolina Friends School(Modficstion)
52 This stern was presented by Emily Cameron for the purpose of receiving citizen
53 cocrirnent on a proposed modification to the Special Use Pe m-A for Carolina Friends School which would allow the
54 school to swap acreage with Duke University and modify the boundaries of the school site. Carolina f=riends school is
DRAFT 4/2/97 PLANNING BOARD MINUTES 19
•
necessary. In all likelihood,land in a Commercial-Industrial Activity
Node being rezoned as described would be currently zoned residential,
where a golf course could be allowed with a Special Use Permit.
Consequently,the Planning Staff has concluded that allowing golf
courses in commercial and industrial districts would serve no useful
purpose.
The Planning Staff recommends approval of the proposed amendments to
the Zoning Ordinance to include standards and approval procedures for
golf courses.
b. Special Use Permits
(1) SUP(A)-3-97 Orange Regional Landfill
Presentation by Mary Willis.
This item is to consider a Class A Special Use Permit application for an
addition to the Orange Regional Landfill.
The Orange Regional Landfill is located on the north and south side of
Eubanks Road(SR 1727)north of Chapel Hill. The subject property
(Tax Map Number 7.18..27D)contains 12.76 acres and is located
immediately west of the existing landfill on the north side of Eubanks
Road. It is zoned rural Buffer and designated Rural Buffer on the Joint
Planning Area Land Use Plan. The existing landfill is in the Chapel Hill
Transition Area on the Joint Planning Area Land Use Plan.
The applicants are requesting a Class A Special Use Permit under Article
8.8.2 of the Orange County Zoning Ordinance to construct a 4000 square
foot vehicle maintenance building,to process yard waste and storm
debris on an ongoing basis,and to process recyclable materials which
will include white appliances,tires and scrap metal. Access to the site
will be provided through the existing landfill.There will be no direct
access to Eubanks Road.
A 100-foot buffer will be provided around the perimeter of the site,
except along the eastern border,next to the existing landfill. The Chapel
Hill Planning Department indicated concern with landscaping on the
property. The Orange County Planning Staff inspected the property and
found all landscape standards are met. The wooded area along Eubanks
Road has been shown on the site plan. Vegetation will not be disturbed
as the building construction area will be approximately 90 feet away. A
condition of approval has also been added to insure that all vegetation
within the 100 foot buffer will remain undisturbed. In the 100 foot buffer
along the western property line(referred to as internal buffer areas in the
20
Chapel Hill letter)there are young mixed hardwoods approximately 6
feet in height that meet the landscaping buffer requirements. Land within
the designated storage area for yard waste,mulch and recyclables will be
seeded,repaired and maintained.
The hours of operation of the site will be from 7:00 a.m.to 4:00 p.m.
Monday through Friday,and 8:30 a.m.to 12:00 noon on Saturday. Gayle
Wilson,Director of Solid Waste Management for Chapel Hill,has
indicated this building is needed for immediately for repair of the
vehicles at the landfill,it is not an expansion of the landfill and would
therefore not involve any landfilling activity. The existing landfill will be
used through the year 2004 or 2005 and would have to be monitored for
30 years after that,therefore this building will be needed for many years.
February 24, 1997 Public Hearing Comments-
Harold Harris spoke in favor of the request indicating that at the present
time they do not intend to recycle white goods or any other metals,but
they would like to have the option to use this land for the purpose of
recycling.
Ms. Inna Deng Johnson requested that the landfill not be expanded. She
indicated it would be a better idea to have the question of siting the new
landfill answered prior to any additional building on the site. Draft
minutes from the public hearing are included as attachments to these
minutes on pages . The application was referred to the
Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than April 1, 1997.
The Planning Staff recommends approval of the Class A Special Use
Permit Application per the findings(attachment to these minutes on
pages and three conditions:
1.All vegetation within the 100 foot buffer shall remain undisturbed.A
waiver of the 100 foot buffer shall be provided along the property line
next to the existing landfill.
2.Yard Waste,mulch and recyclables shall be kept in the designated area
as indicated on the site plan.Land within this designated area not in use
shall be seeded,repaired and maintained.
3.The maximum amount of recyclables stored on the site at any one time
shall include: 12 tons of white appliances,500 tires and 6 roll-offs for
storage of scrap metal.
Strayhorn asked who would be checking the site for compliance. Willis
responded that periodic checks would be made by the Planning Staff using the
list of conditions as a guide. Also,Staff would respond to citizen complaints.
Katz expressed concern with spending tax money on a 4000 square foot
building that may only have a life of 7 or 8 years. He asked the current time
table on making a decision on the new landfill and what kind of hardship will
be created if this issue is tabled until the landfill decision is made. Willis
responded that she could not answer the question of the time table for the new
landfill. In terms of the need for the building itself, it would still be used
during that 30-year monitoring period that would follow the closing of the
21
landfill and the reclamation process. Mr.Wilson also responded that it would
provide storage/shelter for equipment during the 30-year monitoring and
maintenance process.
Price asked what the capacity of the landfill would be once this construction
was completed. Mr. Wilson responded that this would not affect the capacity
of the landfill. This would provide for the repair of equipment on-site(inside
the building)and the storage of white appliances and tires until they would be
moved to recycling facilities. Price continued,asking if there would be
increased traffic on Eubanks Road once the building was constructed. The
response was that there would be no change in activity.
Andrews asked"If not here,where?" Mr. Wilson responded that he was not
sure. There are approximately 200 acres on the landfill site and all usable
space is currently in use. There is no more usable space available on the
actual landfill site.
Allison asked if the building is a temporary or permanent construction and the
response was permanent,stickbuilt.
Brooks asked how long the County has owned the Johnson Tract and the
response was two years.
Barrows asked that the Board consider the findings on pages 90-97. The
findings on pages 90-95 are Article 8.6 and 8.8-Application Components,
Article 5-Dimensional Requirements,Article 6-Application of Dimensional
Requirements,Article 8.2.4-Specific Standards/All Special Uses,Article
8.2.2 Landfills(Class A Special Use),Article 8.8.2.2-Standards of
Evaluation.
MOTION: Searles moved agreement with Planning Staff findings. Seconded by Brooks.
VOTE: Unanimous.
MOTION: Brooks moved agreement with Planning Staff findings on Articles 8.2.1 and
8.2.2(1). Seconded by Walters.
VOTE: Unanimous.
Article 8.2.1 (2)-Brooks stated that with the buffer and no access onto
Eubanks Road,it did not seem to her that the contiguous property would be
impacted.
Katz asked if the burden is on the applicant to show that the use will not have
an adverse impact or the surrounding property values;or,is the burden on
the surrounding property owners to show that it would have an adverse effect.
Willis responded that the property owners must show that it would have an
adverse effect.
Searles asked if there is a general accepted definition of public necessity.
Willis responded that generally when one thinks of public necessity,you
would think of schools or other things provided by government and the
function of a landfill is government provided.
22
Barrows stated that she felt it may be a shared burden of proof rather than the
burden of those in opposition to prove adverse effects. Willis stated she
would get a copy of the ordinance in order to address the issue of burden of
proof. Barrows asked if Katz would like Willis to read from the ordinance.
Katz responded that he had not seen evidence to prove one way or the other.
He felt that it should be read from the ordinance.
Searles stated that she felt the issue of effects on surrounding property values
had not been addressed.
Willis responded that there was a 100 feet buffer and an additional 90 feet.
She felt this was more than sufficient screening so that the building would not
be visible from surrounding properties.
Price asked about noise. Mr.Wilson responded that there would be no more
than currently. He noted that there is only one residence between the landfill
and Rogers Road and it is on the other side of the street.
Willis read from the ordinance Article 8 Special Uses-The applicant has the
burden of establishing,by competent material and substantial evidence,the
existence of the facts and conditions which this ordinance requires for
approval.
Those opposing approval of the application shall have the burden of
establishing,by competent material and substantial evidence,the specific
manner in which the proposed use does not satisfy the requirements for
approval of the application for a Special Use.
Katz asked about the definition for public necessity. Willis responded that
there is no defmition in the ordinance for public necessity and when there is
no definition,the general dictionary definition is accepted.
Katz continued that dealing with solid waste is a public necessity and
it appeared that the proposed facility would enable the County to handle the
operation in a way that would certainly be better for County employees,is
more convenient and less costly.
Price asked if was possible to rearrange the current landfill site in order to fit
this building on the current site. Mr.Wilson responded no and that was the
primary reason for the purchase of the Johnson Tract.
Barrows stated that the only opponent at the public hearing was Ms.Johnson
who had owned her property only two weeks prior to the public hearing and
she would have known of the landfill prior to that purchase. Walters
responded that she had gotten the impression that Ms.Johnson purchased her
property with the intent to sell it to the Landfill Owners Group.
Price expressed concern with protecting surrounding property owners who
were not in attendance at the public hearing and the role the Planning Board
should play for those who could not or do not understand how to protect
themselves in such situations.
Searles asked about the possibility of adding even more land to the present
landfill. Mr.Wilson responded that Mr.Johnson had come to him and told
23
•
him he had some land adjacent to the landfill and he would like to sell it. This
provided an additional buffer between the landfill and neighbors. The
Johnson Tract also was originally part of one of the candidate landfill sites,
OC-17 on Eubanks Road. It was for buffer purposes not burying garbage.
Brooks stated that she did not see anything in the findings that indicated a
decision could be made regarding land values.
MOTION: Brooks moved acceptance of Planning Staffs findings on Article 8.2.1 (2).
Seconded by Allison.
VOTE: 9 in favor.
2 opposed(Katz-very uncomfortable with the broad definition of public
necessity on which this is based;Price-unsure about effect on contiguous
property).
MOTION: Katz moved acceptance of Planning Staff s finding on Article 8.2.1 (3).
Seconded by Price.
VOTE: Unanimous.
MOTION: Allison moved approval of the Special Use Permit for Orange Regional
Landfill. Seconded by Walters.
VOTE: 9 in favor.
2 opposed(Katz&Price-reasons already stated).
AGENDA ITEM#9: SUBDMSION APPLICATIONS
a. Concept Plans
(1) Glynmorgan
(Chapel Hill Township-21 Lots)
Presentation by Emily Cameron.
The property is located in Chapel Hill Township on the south side of
Albert Road(SR 1179),the west side of Union Grove Church Road(SR
1111),east of Dairyland Road(SR 1112)and Morgan Creek in the
University Lake Protected Watershed portion of the Rural Buffer
(Flexible Development does not apply in the Rural Buffer.)
The size of the tract is 81.9 acres. Current zoning is Rural Buffer and
University Lake Protected Watershed. Surrounding land uses are
residential and agricultural.
A cluster subdivision is proposed featuring 21 new residential lots and
29.92 acres(36.5%)open space. The tract was formed from three lots of
record,one of which was a two-acre lot;therefore,the maximum density
is 22 lots(11 lots @ 2 acres each and 11 @ 5 acres). The minimum
required open space in a cluster subdivision in the Rural Buffer is twenty
percent(16.38 acres)or the sum of all reductions in lot sizes(24.04 acres
24
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