HomeMy WebLinkAboutAgenda - 03-21-2006-5pORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: March 21, 2006
Action Agenda
Item No.
SUBJECT: SUP-A-1-06: Partnership Academy Alternative School for Orange County
Class A S ecial Use Permit
DEPARTMENT: Planning Department PUBLIC HEARING: (Y/N) YES
ATTACHMENTS AND EXHIBITS:
Excerpt of Draft Minutes February 27,
2006 Public Hearing
INFORMATION CONTACT:
Craig Benedict, Director, (919) 245-2592
Robert Davis, Planner III, (919) 245-
2580
Eddie Kirk, Planner II, (919) 245-2582
Continuation of Quarterly Public Hearing on February 27, 2006.
PURPOSE: To hold open, continue and fiarther adjourn the Public Hearing, and to refer the
item to the Planning Board for a recommendation regarding the Class A Special Use Permit
application far the Partnership Academy Alternative School for Orange County..
BACKGROUND: On Febnaary 27, 2006, the Board of County Commissioners held a Public
Hearing on the proposed Partnership Academy Alternative School for Orange County.
Comments focused on improvements planned for a later phase of the project:
1. The applicant agreed to withdraw from consideration improvements planned as a
later project phase (Phase II) to be located in the southeast quadrant of the
applicant's property. New site plans have been submitted with these
improvements deleted.
2. Research indicates Storey lane is a public road. Upon confirmation of public road
status, Planning Staff will recommend conveyance to Orange County of property
necessary for right-of-way, in case -with future development of the applicant's
property -right-of-way becomes necessary to connect with the Graystone Lane
stubout in the Stoney Creek Subdivision.
3. The Board of County Commissioners made a finding that the Partnership Academy
Alternative School is a public necessity making it unnecessary, when the
application is returned for Board action, for there to be a finding that the use must
maintain or enhance the value of contiguous properties.
The Public Hearing was continued until this Board meeting to receive additional information and
to make all evidence submitted part of the record. At the Public Hearing, the Chair of the Board
of County Commissioners indicated it was the practice far the Planning Board to hear the
evidence presented at the Public Hearing and then to make a recommendation to the Board of
County Commissioners as apposed to making a recommendation before the Public Hearing.
The Planning Board will meet again on April 5, 2006. Therefore, the Public Hearing should be
continued, held open, and further adjourned to the April 10 Board of County Commissioners
meeting .
FINANCIAL IMPACT: There is no financial impact to the County with consideration of this item.
RECOMMENDATION(S): The Administration recommends:
1.) Continuing, holding open, and adjourning the Public Hearing until
the Board of Commissioners' meeting at 7:30 PM on April 10,
2006 at the Battle Courtroom in Hillsborough to receive additional
information and to make all evidence submitted part of the
record; and
2.) Referring the application to the Planning Board for a
recommendation to come back to the Board of County
Commissioners on April 10, 2006.
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DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
February 27, 2006
7:30 p.m.
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The Orange County Board of Commissioners and the Orange Oounty Planning Board met for a
Quarterly Public Hearing on Monday, February 27, 2006 at 7:30 p.m. in the F. Gordon Battle
Courtroom in Hillsborough, N.C,
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Valerie Foushee, Stephen H. Halkictis, and Alice M, Gordon
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: Geoff Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr.., and Deputy Clerk to the
Board David Hunt (AII other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Jay Bryan and Members Brian
Dobyns, Craufurd Goodwin, Michelle Kempinski, Sam Lasris, Renee Price-Saunders, and Ted
Triebel
PLANNING BOARD MEMBERS ABSENT: Sandra Johnson-Ouinn, Bernadette Pelissier,
and Jeffrey Schmitt
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE GLERK'S OFFICE
A, OPENING REMARKS FROM THE CHAIR
Chair Jacobs called the meeting to order and asked that the public speakers keep their
comments to three minutes or less.
John Link introduced Dr. Tyrone Jackson, the new Director of Human Resources for Orange
County. He said that Dr. Jackson was most recently the Director of Personnel for the State of
Virginia Department of Juvenile Justice.
B, PUBLIC CHARGE
The Chair dispensed with the reading of the public charge..
C. SPECIAL USE PERMIT, CLASS A (BOCC Public Hearing)
1. SUP-A-1-06 Partnership Academy Alternative School
Consideration of a Class A Special Use Permit for proposed Partnership Alternative
School far Orange County on a 20.8-acre tract at the northeast intersection of NC
Highway 86 and East Storey Lane. Phase I of the project includes a 3,600 square foot
building and 19 parking spaces with adrop-off area and sidewalks. The building will
contain two classrooms, restrooms, and office space. A total of 50 students and five
staff members are anticipated to occupy the building. Access to the building will be
provided from Storey Lane. A future building expansion area of 2,900 square feet is also
included. Phase II will provide four tennis courts and a softball field. The Planning
Board recommendation was made at its February t, 2006 meeting.
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David Hunt swore in the group of people to speak that were to give testimony.
Planning Director Graig Benedict said this first item is a Class A Special Use Permit and
is held in aquasi-judicial manner that is consistent with providing evidence and findings of fact,
The process begins with an application, goes through staff review, and is submitted to the
Planning Board for review, and then this public hearing. The Planning Board has already given
a recommendation based on the evidence provided by the staff, the consultant, and other
sources.
The two other items are not quasi-judicial..
Planning Supervisor Robert Davis presented this item. He said that the joint property
owners have been notified by certified mail. There was also a sign posted on the property. This
is in accordance with the ordinance and State law. He made reference to the pink sheet, which
is a Finding of No Significant Impact.. Pages 7-23 of the packet are the findings of fact. He
listed the general conditions. He made reference to the second general condition, which is that
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. He said that the Board would need to determine if this use is a public necessity. If it is
determined that this is not a public necessity, then the applicant will be required to put on
evidence indicating that the use maintains or enhances the value of the property,
This property is located just to the north of the existing Stanback Middle School.. It is
located in Chapel Hill Township and is proposed to be constructed in two phases. The zoning is
rural residential and it is not in the watershed.. The total tract acreage is 20.8 acres. There is a
single-family neighborhood to the east and to the north, The traffic impact for this particular use
will be fairly minimal because there will only be 19-20 students, They are planning for 50
students. Water and sewer is existing in the area and the Town of Hillsborough provides the
service. The County will design, construct, and pay for connections,
He made reference to the Planning Board comments on page 4 of the lavender sheet.
The Planning Board has voted unanimously for the Board of County Commissioners to approve
this Class A Special Use Permit. There was an 11"' conditicn added, which is that alive-foot
sidewalk located three feet behind the curb and gutter on Storey Lane shall be constructed from
the easternmost entrance to the school out to NC 86,
Mike Nammersley from Corley, Redfoot, and Zack spoke about this project. He said that
this facility is very needed by the Orange County School system. This facility is provided in
leased trailers in downtown Hillsborough and this lease will be up very soon. The school
system wants to get the children into a permanent structure. The children are middle and high
school students that have special needs. The building would have two classrooms to
accommodate 50 students and four administrative staff offices, There would be 19 parking
spaces and a bus drop-off. He said that the overall site was evaluated by them,. They did
further studies on the site of phase 1 -technical investigations, soil borings, and environmental
assessment, Phase i is the building and related parking and phase 2 is the tennis facilities and
ball field. In between the two phases is an existing community relations building that the school
system already operates.
The schedule for this work is that the building facility in phase 1 is needed for fall of
2006. The phase 2 portion is unknown -three to five years or as long as ten years. He said
that on the overall plan there is a natural buffer from NC 86 with an oak hickory forest. There is
also a big buffer along the back of the property.
Commissioner Gordon said that it was her recollection that this decision was for a future
meeting, She said that it has not been the Board's practice to decide things on the same night
as the public hearing.
Chair Jacobs said that he had the same question.
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Craig Benedict said that the ordinance allows for the Board to make a decision on the
same night if it is so inclined, but it has not been the practice..
Commissioner Halkiotis asked if this was being driven by the lease of the modular units
and why it would have to be approved tonight.
Associate Superintendent for Support Services of Orange County George McFarley said
that the reason for getting the special use permit approved as soon as possible is impacted by
the facility that the school is currently occupying. The leases expire in June 2006.
Commissioner Halkiotis said that there has been no harm done by the facility in
Hillsborough as was feared when it was put there, He would hope that the Town of
Hillsborough would consider an extension of the (ease for a couple of months since things are
moving along.
Chair .lacobs made reference to the process and the finding that there is a public
necessity that exempts the applicant from the evidentiary requirement, He said that this was
new to him. Geof Gledhill said that the ordinance has always been this way,
Commissioner Gordon asked why this has not come up before and it was answered that
it came up with OCS Middle School #3,
Commissioner Carey asked when the Board would have to make the finding of public
necessity, Geof Gledhill said that it is part of the deliberation process. He would recommend
that the special use permit be left open so that the applicant is not foreclosed from presenting
the evidence..
Public Comment
Sally Logan (the map says Sarah Logan, but her friends call her Sally) said that her
property is next to the proposed softball field, She said that before the football field at Stanback
was constructed, all of the trees were cut, The school board had promised that a buffer of trees
would be left between their houses and the field, but the loggers cut all of the trees., The
homeowners endured months of site preparation and dust and the noise of earthmoving
equipment. There were also erosion problems. She said that when she moved to Orange
County, she wanted to live in the woods. She loves her house and that there are so many trees
around. She said that it was almost an afterthought that "phase 2 will provide four tennis courts
and a softball field as shown on the overall site plan." She said that this softball field will be 200
feet from her house and anyone standing in the outfield will be able to look in her windows.
When she bought her house she knew that she would hear students, but she never expected to
see them.
She said that she has many questions, and she listed them:
Do you intend to cut all of the trees along my property line? What will you do to ensure
that the loggers do not cut all of the trees on my line? What compensation will I receive if my
trees are cut?
WiII the hill beside my house be leveled or flattened? Mow deep will the excavations go
What assurance can be given that the consolidated rock will not be disturbed?
How will the large rocks in the hill be removed? By dynamite? Who will pay if the
windows in my house are broken? Who will pay if there is any damage to my house during
construction?
WiII my well water be affected? (I have already been advised to take a baseline sample
of the water.) What will be done to prevent or correct any contamination to my well and who will
pay for it if there is?
What will be done to prevent erasion? Has anyone assessed the effects of a project of
this magnitude on the groundwater in the area?
As a taxpayer, how much will the construction of the ball field cost? If you moved the
house near the proposed tennis courts and put the proposed ball field there, would it be more
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cost-effective? The girls should have a softball field, but it doesn't need to be at the expense of
the Stoneycreek neighborhood.
Will there be lights on the field? Who will use the field? At present, I hear noise from the
football field.. The loudest people use it on Sundays in the summer -sometimes even before
9:00 a, m. When I went to the school, I discovered that there were grown men and not children
using the football field..
Will there be a buffer of trees - or anything else - to prevent or reduce access to our
neighborhood?
She said that it was her understanding that the Tawn of Chapel Hill is very careful to
leave buffers around a school and spend the money required to do this, She asked why the
people who live in the country should be Tess important„ She said that the destruction of natural
areas would have a negative impact on the environment. She asked where the Environmental
Impact Statement was, She said that the County Commissioners adopted a policy on
December 5, 2005 on environmental responsibility in government, She asked what steps are
being taken to comply with this policy,. She asked if there would be another hearing before any
trees are cut and before any dirt is moved,
Meg McKean lives next to Sally Logan. She said that she went through the construction
of Stanback. She said that there seems to be a couple of areas of confusion where the affected
public is getting multiple stories. It is less the school and more the long-term deforestation plans
in phase 2 that bather her. She said that they are getting inconsistent information. She said
that there are only 15-20 students now and the phase 2 plan expects this number to increase to
100. She said that they are very confused about how many of this population of students would
be children expelled from school, how many would have psychological problems, and how many
would be children that need to be taught differently. The Stanback parents have been told that
no children with psychological, disciplinary, or legal problems will be at the alternative school,
Another peculiar thing to her is that the environmental impact statement refers to the 1.4
acres, but the special use permit refers to the 20 acres and includes phase 2. There are
currently no funds to do phase 2 and there has not been an impact study on this, She said that
it is confusing to her that a school with a maximum population of 100 students will need a
softball field and tennis courts. It is fairly plain that the softball field is really for Stanback, She
said that the parents at Stanback have been told that there will be no mixing of children in the
use of athletic facilities, She said that this is probably not the case. She said that the tennis
courts seem a little lavish and it seems that phase 2 should be discussed very slowly and
carefully. She said that with the canstruction of Stanback, they noticed a big difference in I-40
noise. She is worried about the additional sound impact from this much clearing. She said that
Stanback students already use this forested area for cross-country and it would be a shame to
lose a free naturally-provided athletic facility. Her request is that the phase 2 elements be
removed from the special use permit in order to allow for a more realistic projection of County
needs, a clearer public discussion of what students will be combined together in the alternative
school and which children would use which facilities, and much more community input in
negotiations over the placement and scope of athletic facilities and deforestation that will
accompany this. Also, she would like an environmental impact of a scaled down plan and a
schedule for negotiations on buffers, fencing, additional plantings, hours of use, and a total ban
on lights for nighttime use.
Tom Clark said that he strongly endorses the separation of phase 2 from this special use
permit. He does not understand why it is being added to this special use permit. He is glad to
hear that the Board does not feel obligated to decide on this tonight, He said that the Planning
Board was told that there was substantial public opposition to putting the phase 1 of the portion
of the project on an existing campus and then phase 2 would merge the campuses' athletic
facilities. He said that the public did not have any idea about this before and it was not
discussed during the public hearings about the initial school. This was a concession made by
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the school board that it would be adjacent and not on a school campus, He made reference to
the stakeholder section of the smart growth document that says that there were numerous
public hearings held to decide the location and receive feedback. He said that all of this
process was about phase 1. He said that there should be options where the County could
subdivide the land and ask for a separate special use permit, He thinks that there is a large list
of priorities for the school system that would come above phase 2 and he does not think there
would be funding anytime soon. He asked that phase 2 be removed from this special use
permit.
Carmine Prioli asked how many people had been to a Stanback baseball game, He has
two children that have both played sports and they are very grateful to have the opportunity to
have their children enjoy the facilities. He made reference to the existing baseball field and its
proximity to the track and the fcatball field and said that the only thing that has kept Orange
County from getting sued is the lack of left-handed batters in the league.. There have been
many fly balls going into the track and onto the stands. This tells him that the planning for the
original school, Stanback, was very poor. He said that it was no exaggeration to say that when
the trees were cleared, they were cut all the way to the property line.. He lives in Stoneycreek,
but not near the school,. He spoke in support of his neighbors that live near it. He thinks that
the bad planning that went into the original fields is showing itself again in the proposed
baseball field. He said that there is already a parking problem here. He asked where the
parking would be for this proposed baseball field,
Chair Jacobs made reference to the issues that were brought up -buffers, land clearing,
erosion control, swapping the field and the building, whether the environmental survey relates to
phase 2, whether the expansion is for 100 students, the relation and interaction with the middle
school, and the general issue of the phasing,
Mike Hammersley made reference to the buffers and said that the plan as shown is what
would be left as a buffer, This is 130 feet of natural woods that would remain. He said that they
would install an orange fence, and the area within the fence would be examined by the Orange
County Planning Department to make sure that the area within the fence is clearly delineated
before the loggers go in there. There is also a site plan approval after the special use permit
that will have the erosion control permits from the County and State,
Chair .lacobs asked when Stanback was built if the County had the same requirements
and Geof Gledhill said that there was no special use permit requirement for schools when
Stanback was built.
Commissioner Halkiotis said that about ten years ago there was a proposal from the
Recreation and Parks Department to look at putting lights on the fields at Stanback, and the
neighbors made it clear that they did not want lights.. He asked if any thought had been given to
moving the tennis courts and pulling the softball field away from the trees and houses.
Mike Hammersley said that, with regard to erosion control, they go through the permit
process with the State of North Carolina and Orange County.. There must be approved permits
before any grading is done,
Craig Benedict stated that school board, education, and County projects are not under
their purview in Erosion Control, but are authorized by the State. He said that they can offer
advice in the process, but are not in the regulatory role,
Mike Hammersley commented that the original Stanback Middle School was not their
project. He said that they went through the orange fence process at Gravelly Middle School and
it worked well, He said that, regarding the confusion of the biological inventory, this is on all
20,8 acres of the site and even includes a wetlands delineation,.
Chair Jacobs asked if they would consider swapping the existing building with the field
location. Mike Hammersley said that the existing building is an important function of what goes
an at the school now,
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George McFarley said that it is School and Community Relations and they did not look at
moving the house and placing it in the place of the athletic fields, He said that the intent with
the tennis courts was making facilities available to the public, Tennis courts are an issue in the
County and they saw a collaboration opportunity. He also said that at no time is there any intent
to intermingle students from Stanback with the students from the alternative school.. He clarified
that the full expansion of the alternative school is for 100 students. He made reference to the
type of students that would be attending and said that a lot of people think that these are bad
children or juvenile delinquents and that the next step will be jail.. He said that it is very far from
this. He said that there are students that learn better in anon-traditional environment, and they
are finding that there is not encugh space to meet the needs of all children. There will be same
students with disciplinary issues in the traditional classrooms, but there will also be an
opportunity to meet needs of students that do not learn as well in an 18-20-person classroom.
Chair Jacobs asked how closely tied is phase 1 to phase 2, George McFarley said that
there is no plan to expand this facility within the next five to ten years,
Commissioner Gordon asked about the environmental assessment on the 1.4 acres and
that it does not relate to the whole site, but the County Commissioners are still being asked to
approve the entire tract. Robert Davis said that under the County Environmental Impact
Ordinance, there is an environmental assessment and then the environmental impact
statement, which is required if a finding is made of significant impact,. This is 40,000 square feet
of disturbed area. If it did not reach the 40,000 square foot level, then there would not be a
requirement far the EIS,.
Chair Jacobs said that it could be added as a condition of approval.
David Logan asked if there would be an environmental assessment prior to phase 2
being approved and if there wculd be a public hearing.
Tam Clark said that Dr, McFarley indicated that there would be no intermingling of
students. He said that his mother-in-law was told last week that everybody would use the
softball field but today Dr. McFarley told him that only Stanback would use the softball field. He
also understands that the tennis courts would be shared by the public, the alternative students,
and the Stanback students. He does not see how you can share the same facilities and not
have intermingling concerns,
Commissioner Gordon said that she is stn~ck that most of the public's concern has to do
with the process ar impact on surrounding property,
.)ohn Link asked George McFarley to elaborate on the types of students that wculd ga tc
the alternative school, because it sounded like same of the students would be the same that
wculd go to the middle college. He asked for a delineation between these two types of
students.
David Hunt swore in Dr. Shirley Carraway, Superintendent, Orange County Schools.
Shirley Carraway said that their first priority is to have a location for their alternative
students, The addition of the athletic facilities was provided in an effort to meet some of the
needs relating to the public being able to have access tc athletic facilities. This is not the school
board's first priority, The softball field was something that had been talked about with same of
the Stanback parents in years past. She said that they still have a commitment tc ensure that
the students at the alternative site will not at any time interact with the students at Stanback,
Regarding the type of student, the school proper would serve students as an alternative to long-
term suspension. The two areas of students that it has not been able to serve because of
limited space has been the students who need an alternative setting and students coming out of
facilities (group homes, etc.) and transitioning into the public school. This is very different from
middle college, which is designed for students that want to move faster than the normal school.
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I Chair Jacobs asked if it would slow the school down if they were to sever phase i from
2 phase 2. Shirley Carraway said no and that they need phase 1. There is no money in the
3 budget to do phase 2 at this time.
4 Chair Jacobs verified with Geof Gledhill that there would be another public hearing
5 process if phase 2 were added later.
6 Mike Hammersley answered several clarifying questions of the County Commissioners.
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8 Chair .lacobs said that it strikes him that one way to resolve the concerns of the
9 neighbors is to sever the two phases. Geof Gledhill said that his recommendation is to ask the
10 applicant to do this.
1 I Mike Hamrnersly said that he would be happy to withdraw the application for phase 2.
12 Geof Gledhill said that the easiest way to deal with it would be to remove the
1.3 improvements that make up phase 2 from the application. The permit would apply to the whole
14 20 acres, but the facilities would not be approved as far as the special use permit.
15 Chair Jacobs said that a condition could be added that Storey Lane shall be a public
16 road,
17 Commissioner Gordon suggested scheduling this for another meeting and not taking
18 action tonight. Chair Jacobs suggested scheduling to continue on March 215`..
19 Commissioner Halkiotis suggested getting a letter to the Town of Hillsborough and give
20 them an update and assure them that everything is moving along nicely to find a new location
21 far the school.
22 Chair ,lacobs asked for the assistance of Dr. Carraway in writing a letter to the Town of
23 Hillsborough.
24 A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
25 indicate that the alternative school, phase 1, is a public necessity.
26 VOTE: UNANIMOUS
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28 Chair Jacobs said that the public hearing would be held open until the next regularly
29 scheduled meeting on March 215'.
30 Geof Gledhill recommended that all exhibits and documents be made part of the record,
31 Chair Jacobs said that it should be understood that it is the Board's practice for the
32 Planning Board to hear evidence at a public hearing on a Class A Special Use Permit and then
33 make a recommendation to the County Commissioners as opposed to making a
34 recommendation before hearing from the public.
35 A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to
36 hold the public hearing open until March 215` to receive additional information and to make all
37 evidence submitted as part of the record. The decision on the special use permit will be made
38 on March 215`, and will only include phase 1.
39 VOTE: UNANIMOUS
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41 Commissioner Gordon suggested looking at the text of the ordinance and see if the
42 Board wants to make it more than just the practice and ask the staff to bring this as a possible
4.3 hearing as a text amendment on May 22°d
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