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HomeMy WebLinkAboutOCPB minutes 020514Approved 3/5/14 1 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 17 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 21 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 25 26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 27 28 Pete Hallenbeck called the meeting to order. 29 30 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 36 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 40 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 53 54 Approved 3/5/14 2 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 77 78 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 85 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 90 Andrea Rohrbacher: What is the intent on clearing the site and preserving the site? 91 92 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 95 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. 99 100 Terry Boylon: Yes, that is the case. 101 102 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. 104 105 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. 107 108 Approved 3/5/14 3 Pete Hallenbeck: At this point, since this is the concept plan, which is reasonable. As we move forward, those 109 covenants will be available. 110 111 David Lazzo: Yes sir, I am not sure what the rules are. 112 113 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? 117 118 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. 120 121 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. 123 124 David Lazzo: At this point, we are looking at individual septic fields. 125 126 Paul Guthrie: Are you thinking of individual wells or some form of joint well production. 127 128 David Lazzo: On individual lots. 129 130 Paul Guthrie: On each lot, you will have a well and septic field? 131 132 David Lazzo: Yes. 133 134 Paul Guthrie: This is something you may want to pay attention to depending on the types of soils there are. 135 136 Pete Hallenbeck: I assumed there were preliminary perk tests done? 137 138 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. 140 141 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. 143 144 Paul Guthrie: Do you have any information as to what depth you have to go and what flows you can get? 145 146 David Lazzo: Not at this time. 147 148 Herman Staats: Reviewed location. 149 150 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? 152 153 Michael Harvey: Preliminary assessments have not indicated any natural or heritage sites. Obviously there will be 154 a more in depth investigation. 155 156 Tony Blake: The streams empty into the Eno? 157 158 Michael Harvey: I would say yes. 159 160 Tony Blake: It appears there is source stream on one side, is that a stream? 161 162 Approved 3/5/14 4 Terry Bolan: On the east side, that is spring fed. 163 164 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. 166 167 Pete Hallenbeck: The diameter of the cul-de-sac was 96 feet which was nice to see. 168 169 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. 171 172 Michael Harvey: On page 40 and 41 are the emails from the fire marshal. 173 174 Jennifer Leaf: There will be further engineering done at the preliminary plan stage. 175 176 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. 178 179 Lisa Stuckey: What happens with these cutouts, you can’t put anything on them? 180 181 Michael Harvey: It is in the right of way. 182 183 Terry Boylan: It would actually be a concrete surface. 184 185 Tony Blake: Is there any proposed square footage of the houses? 186 187 David Lazzo: The minimum in Pleasant Green Woods, Phase III was around 2,800. Everything we plan is 2,800 188 feet or larger. 189 190 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. 193 194 Terry Boylan: The shaded buffer is 65 feet; it is probably 200 feet between150 to 200. 195 196 Michael Harvey: There will be a 100 foot building set back. 197 198 Paul Guthrie: What would be the likely timeline from now until the first occupied house? 199 200 David Delgado: This whole process to get out preliminary plat approval is going to likely take until September. 201 Maybe early Spring 2015. 202 203 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. 205 206 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? 208 209 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. 212 213 Charles Porter: If you don’t join the homeowners association, would you plan on doing your own homeowners 214 association? 215 216 Approved 3/5/14 5 David Lazzo: If we are not part of the existing homeowners, we would set up our own. 217 218 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. 223 224 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. 226 227 Susan Huffman: I think it is at the end where the pond dumps into the river. 228 229 Lisa Stuckey: Whose responsibility is that? 230 231 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. 233 234 David Lazzo: The ponds are designed for the flow that runs off the property to be exactly as it is today. 235 236 Terry Boylan: This is a requirement by state law. 237 238 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? 241 242 Pete Hallenbeck: For my edification Paper Birch is not DOT maintained? But the plan is that it will be DOT 243 maintained? 244 245 Terry Boylan: It is in the process of DOT accepting that. 246 247 Maxecine Mitchell: Is Paper Birch Road a cul-de-sac? 248 249 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. 251 252 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. 254 255 Terry Boylan: Right. 256 257 Maxecine Mitchell: Is Willett a regular size road, private road? 258 259 Michael Harvey: State maintained. 260 261 MOTION by Maxecine Mitchell to approve Planning Director’s recommendation. Seconded by Buddy Hartley. 262 VOTE: UNANIMOUS 263 264 Michael Harvey: Introduced Michael Kelly, Planning Technician and Patrick Millett, Planner II who is taking Glenn 265 Bowles position. 266 267 268 269 270 Approved 3/5/14 6 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 271 272 a) Board of Adjustment 273 No Meeting. 274 b) Orange Unified Transportation 275 The OUTBoard meeting will be in two weeks. 276 277 278 AGENDA ITEM : ADJOURNMENT 279 280 MOTION: made by Lisa Stuckey to adjourn. Seconded by Tony Blake. 281 VOTE: UNANIMOUS 282 283 284 _________________________________ Pete Hallenbeck, Chair