HomeMy WebLinkAboutOCPB minutes 020514Approved 3/5/14
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1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3
FEBRUARY 5, 2014 4 REGULAR MEETING 5
6 7 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill 8
Township Representative; Herman Staats, At-Large, Cedar Grove Township; Paul Guthrie, At-Large Chapel Hill 9
Township; Buddy Hartley, Little River Township Representative; Tony Blake, Bingham Township Representative; 10
Johnny Randall, At-Large Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine 11
Mitchell, At-Large Bingham Township; 12 13 14 MEMBERS ABSENT: James Lea, Cedar Grove Township Representative; Vacant- Eno Township Representative; 15
Vacant- Hillsborough Township Representative; 16
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18 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Jennifer Leaf, 19
Planner I; Patrick Mallett, Planner II; Michael Kelly, Planning Technician; Tina Love, Administrative Assistant II 20
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22 OTHERS PRESENT: Terry Boylan, David Lazzo, Judith Timyau, David Delgado, Cole King, David & Lisa O’Hara, 23
Charles Porter, Gary Paschall, Terry Rishar, Chris Jones, Scott & Susan Tilley, Susan Heckman 24
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26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 27 28
Pete Hallenbeck called the meeting to order. 29
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31 AGENDA ITEM 2: INFORMATIONAL ITEMS 32
a) Planning Calendar for February and March 33
b) Quarterly Public Hearing – 7 p.m. on Feb. 24 @ Dept. of Social Services – draft legal ad 34
attached 35
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Michael Harvey: There is a change in the quarterly public hearing ad. The item for the proposed solar array off Mt. 37
Sinai Road has been removed from the quarterly public hearing scheduled for February 24, 2014 at the request of 38
the applicant. It is scheduled for the May quarterly public hearing. 39
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41 AGENDA ITEM 3: APPROVAL OF MINUTES 42 JANUARY 8, 2014 ORC SUMMARY 43 JANUARY 8, 2014 REGULAR MEETING 44 45
Pete Hallenbeck: I have a couple of changes, the first is on page 21, line 131 to add Planning Board so that it reads 46
“how the Planning Board would” and the second one is on page 24, line 260, put the word “something” before “ I’m 47
seeing” and strike the word some. 48 49 MOTION by Tony Blake to approve the January 8, 2014 ORC notes with changes and Planning Board minutes. 50
Seconded by Maxecine Mitchell. 51 VOTE: UNANIMOUS 52
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AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 55 56 57
AGENDA ITEM 5: PUBLIC CHARGE 58 59
Introduction to the Public Charge 60
The Board of County Commissioners, under the authority of North Carolina General Statute, 61
appoints the Orange County Planning Board (OCPB) to uphold the written land development 62
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 63
harmonious development. OCPB shall do so in a manner which considers the present and 64
future needs of its citizens and businesses through efficient and responsive process that 65
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 66
will make every effort to uphold a vision of responsive governance and quality public services 67
during our deliberations, decisions, and recommendations. 68
69 PUBLIC CHARGE 70
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 71
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 72
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 73
public charge, the Chair will ask the offending member to leave the meeting until that individual 74
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 75
until such time that a genuine commitment to this public charge is observed. 76
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AGENDA ITEM 6: CHAIR COMMENTS 79
80 81 Agenda Item 7: Major Subdivision Concept Plan – To review and make a decision on a major subdivision 82
concept plan application (Pleasant Green Woods, Phase IV), located off Pleasant Green Rd. 83
Presenter: Jennifer Leaf, Planner I 84
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Michael Harvey reviewed the major subdivision approval process and steps 86
Jennifer Leaf reviewed the application 87 88
Pete Hallenbeck: We will now give the members time to ask questions. 89
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Andrea Rohrbacher: What is the intent on clearing the site and preserving the site? 91
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Terry Boylon: The site is heavily wooded and the intent is to only clear the right of way for the proposed road. The 93
rest would remain wooded and the individual lots would be cleared as necessary. 94
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Michael Harvey: In our ordinance, we have tree preservation guidelines and standards that do allow clearing of lots 96
for house sites and septic and repair fields. There are still requirements that a percentage of trees be preserved on 97
site. There will not be mass clearing. The presence of trees on the site will also help with storm water and nutrient 98
reduction loads. 99
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Terry Boylon: Yes, that is the case. 101
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Pete Hallenbeck: Are there covenants on the deeds on these properties that would have additional limits or 103
restrictions on the percentage of trees that will be cleared. 104
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David Lazzo: We have not established covenants but they are very likely to be almost identical to what is in 106
Pleasant Green Woods now. It is in our best interest as the homebuilder to preserve the trees. 107
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Pete Hallenbeck: At this point, since this is the concept plan, which is reasonable. As we move forward, those 109
covenants will be available. 110
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David Lazzo: Yes sir, I am not sure what the rules are. 112
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Michael Harvey: The preliminary plan application will require the applicant to file a preliminary set of covenants and 114
deed restrictions for our review and comment. That is one of the conditions that this Board will be looking for. 115
116
Paul Guthrie: This storm water lot, have you envisioned what the gallon capacity will be? 117
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David Lazzo: For fire protection? No not yet, that could be smaller or larger, it is a placeholder at this point as to 119
where a good location is for that lot. 120
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Paul Guthrie: Water and sewer, are you thinking about individual septic fields or a series of septic field that cover 122
more than one property. 123
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David Lazzo: At this point, we are looking at individual septic fields. 125
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Paul Guthrie: Are you thinking of individual wells or some form of joint well production. 127
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David Lazzo: On individual lots. 129
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Paul Guthrie: On each lot, you will have a well and septic field? 131
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David Lazzo: Yes. 133
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Paul Guthrie: This is something you may want to pay attention to depending on the types of soils there are. 135
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Pete Hallenbeck: I assumed there were preliminary perk tests done? 137
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David Lazzo: That happens in the next stage. There are preliminary soil profiles available that lead us to make 139
assumptions about the availability of septic soils. An actual survey by the health department will be done. 140
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Michael Harvey: This project is based on 16 lots but there may be only 15 or 14 lots if there are no soils or there 142
may an alternation of the existing layout to accommodation additional soil areas. 143
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Paul Guthrie: Do you have any information as to what depth you have to go and what flows you can get? 145
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David Lazzo: Not at this time. 147
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Herman Staats: Reviewed location. 149
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Johnny Randall: It looks like the forest is about 30 years old. Has any type of natural area inventory been done on 151
this site? 152
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Michael Harvey: Preliminary assessments have not indicated any natural or heritage sites. Obviously there will be 154
a more in depth investigation. 155
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Tony Blake: The streams empty into the Eno? 157
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Michael Harvey: I would say yes. 159
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Tony Blake: It appears there is source stream on one side, is that a stream? 161
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Terry Bolan: On the east side, that is spring fed. 163
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Tony Blake: That would probably not be the one that fed the fire pond. The proximity of the road to this lot that is 165
sort of insert, does that meet all the setbacks? So that is okay. 166
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Pete Hallenbeck: The diameter of the cul-de-sac was 96 feet which was nice to see. 168
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Jennifer Leaf: Actually it is not 96 feet, there was a comment by the fire marshal that he would like for it to be. 170
They have what makes it looks like a Y here. That has been acceptable with the fire marshal. 171
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Michael Harvey: On page 40 and 41 are the emails from the fire marshal. 173
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Jennifer Leaf: There will be further engineering done at the preliminary plan stage. 175
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Pete Hallenbeck: We have a request from the fire marshal for 96 foot radius and a proposal there is some cutouts 177
to allow a three point turn. That sounds good. 178
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Lisa Stuckey: What happens with these cutouts, you can’t put anything on them? 180
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Michael Harvey: It is in the right of way. 182
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Terry Boylan: It would actually be a concrete surface. 184
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Tony Blake: Is there any proposed square footage of the houses? 186
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David Lazzo: The minimum in Pleasant Green Woods, Phase III was around 2,800. Everything we plan is 2,800 188
feet or larger. 189
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Pete Hallenbeck: Another fire related comment with regard to the 20 foot stretch that comes to the pond is to 191
continue it on through. There have been problems in the past with that. The distance from Pleasant Green Road to 192
the closest a house could get is almost 200 feet. 193
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Terry Boylan: The shaded buffer is 65 feet; it is probably 200 feet between150 to 200. 195
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Michael Harvey: There will be a 100 foot building set back. 197
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Paul Guthrie: What would be the likely timeline from now until the first occupied house? 199
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David Delgado: This whole process to get out preliminary plat approval is going to likely take until September. 201
Maybe early Spring 2015. 202
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Pete Hallenbeck: Are there comments from the public? You can make a comment tonight and also a written 204
presentation that will go into the minutes. 205
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Charles Porter: I am the president of the Pleasant Green Woods Homeowners Association. I want to ask about the 207
covenants and the homeowners association, are you planning on joining or not? How do you plan to work with us? 208
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David Lazzo: There has been no plan to be part of the homeowners just yet. Our covenants will closely mirror the 210
covenants in place for Pleasant Greens Woods, Phase III. We are calling it Pleasant Green Woods, Phase IV out 211
of convenience. 212
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Charles Porter: If you don’t join the homeowners association, would you plan on doing your own homeowners 214
association? 215
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David Lazzo: If we are not part of the existing homeowners, we would set up our own. 217
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Susan Huffman: When you say the runoff will go into the Eno River, it has to go through the pond that is bordered 219
by Rapids Lane homes on the west side in Pleasant Green. I have heard from the homeowners in the past that 220
drainage area at the end of the pond going into the river hasn’t been kept open and it backs up into their crawl 221
spaces. If you decrease impervious by having more impervious and having more runoff going into the streams 222
leading into the Eno, you have to work on keeping that channel open or it will back up. 223
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Pete Hallenbeck: The problem is that the water way that runs and feeds that pond is not cleared enough and the 225
pond backs up. 226
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Susan Huffman: I think it is at the end where the pond dumps into the river. 228
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Lisa Stuckey: Whose responsibility is that? 230
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Pete Hallenbeck: At this point, we can take that comment and have the planning department be aware and look at 232
what they can do. 233
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David Lazzo: The ponds are designed for the flow that runs off the property to be exactly as it is today. 235
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Terry Boylan: This is a requirement by state law. 237
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Susan Tilley: In addition to being concerned about Paper Birch as people who live on that road, we are very 239
concerned about sight lines for people coming around that curve. Has there been any thought to changing the 240
entrance to that neighborhood onto Pleasant Green which as opposed to Paper Birch? 241
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Pete Hallenbeck: For my edification Paper Birch is not DOT maintained? But the plan is that it will be DOT 243
maintained? 244
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Terry Boylan: It is in the process of DOT accepting that. 246
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Maxecine Mitchell: Is Paper Birch Road a cul-de-sac? 248
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Terry Boylan: Yes. As far as access onto Paper Birch that is the best location site distance wise. It would not have 250
been feasible to access the neighborhood from Pleasant Green Road. We would have to cross 130 foot buffer. 251
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Pete Hallenbeck: You already have a crossing over that stream on Paper Birch and if you come in off Paper Birch 253
you would be using that. If you went to Pleasant Green, there would be a second crossing across that waterway. 254
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Terry Boylan: Right. 256
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Maxecine Mitchell: Is Willett a regular size road, private road? 258
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Michael Harvey: State maintained. 260
261 MOTION by Maxecine Mitchell to approve Planning Director’s recommendation. Seconded by Buddy Hartley. 262 VOTE: UNANIMOUS 263
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Michael Harvey: Introduced Michael Kelly, Planning Technician and Patrick Millett, Planner II who is taking Glenn 265
Bowles position. 266
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AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 271
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a) Board of Adjustment 273
No Meeting. 274
b) Orange Unified Transportation 275
The OUTBoard meeting will be in two weeks. 276
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278 AGENDA ITEM : ADJOURNMENT 279 280 MOTION: made by Lisa Stuckey to adjourn. Seconded by Tony Blake. 281 VOTE: UNANIMOUS 282
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Pete Hallenbeck, Chair