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HomeMy WebLinkAboutOCPB minutes 090314Approved 10/8/14 1 MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 3, 2014 3 REGULAR MEETING 4 5 6 7 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill 8 Township Representative; James Lea, Cedar Grove Township Representative; Herman Staats, At-Large, Cedar 9 Grove Township; Tony Blake, Bingham Township Representative; Laura Nicholson, Eno Township Representative; 10 Paul Guthrie, At-Large Chapel Hill Township; Lydia Wegman-At-Large Chapel Hill Township; Andrea Rohrbacher, At-11 Large Chapel Hill Township; 12 13 14 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Maxecine Mitchell, At-Large Bingham 15 Township; Bryant Warren, Hillsborough Township Representative; 16 17 18 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Tom Altieri, 19 Comprehensive Planning Supervisor, Patrick Mallett, Planner II, Abigaile Pittman, Transportation Planner, Tina Love, 20 Administrative Assistant II 21 22 23 OTHERS PRESENT: Terry Boylan, Dave Hausfel, Glenn Futrell 24 25 26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 27 28 29 AGENDA ITEM 2: INFORMATIONAL ITEMS 30 a) Planning Calendar for September and October 31 32 33 AGENDA ITEM 3: APPROVAL OF MINUTES 34 JULY 2, 2014 ORC MEETING NOTES 35 JULY 2, 2014 REGULAR MEETING 36 37 MOTION by Lisa Stuckey to approve the July 2, 2014 ORC meeting notes. Seconded by Tony Blake. 38 VOTE: UNANIMOUS 39 40 MOTION by Laura Nicholson to approve the July 2, 2014 Planning Board minutes with changes. Seconded by James 41 Lea. 42 VOTE: UNANIMOUS 43 44 45 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 46 47 48 AGENDA ITEM 5: PUBLIC CHARGE 49 50 Introduction to the Public Charge 51 The Board of County Commissioners, under the authority of North Carolina General Statute, 52 appoints the Orange County Planning Board (OCPB) to uphold the written land development 53 laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 54 Approved 10/8/14 2 harmonious development. OCPB shall do so in a manner which considers the present and 55 future needs of its citizens and businesses through efficient and responsive process that 56 contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 57 will make every effort to uphold a vision of responsive governance and quality public services 58 during our deliberations, decisions, and recommendations. 59 60 61 AGENDA ITEM 6: CHAIR COMMENTS 62 63 Pete Hallenbeck: If you are on the Planning Board, you need to be at the public hearing. 64 65 66 AGENDA ITEM 7: MAJOR SUBDIVISION PRELIMINARY PLAT: To review and make a decision on a Major 67 Subdivision Preliminary Plat application. Pleasant Green Woods, Phase IV, located off of 68 Pleasant Green Road. The plan is consistent with the Concept Plan Flexible Design Option 69 reviewed and approved by the Planning Board in February 2014. The Plan calls for 16 single 70 family residential lots on a 46.34 acre tract. 16.53 acres (35.6%) of the site is reserved for 71 primary and secondary open space. 72 Presenter: Patrick Mallett, Planner II. 73 74 Patrick Mallett reviewed abstract. 75 76 Paul Guthrie: It is an acre and one half? 77 78 Patrick Mallett: Yes. There is a 100 foot perimeter setback so that setback would go further down. 79 80 Terry Boylan: That is one of those properties that between the setbacks and the stream buffer and there is no 81 suitable soil for septic, it is above and beyond what is required for the open space. It is not developable. 82 83 Pete Hallenbeck: If the person that bought the lot didn’t want to buy the land, it would be space you could not do 84 anything with unless the residents got together and agreed upon something to put there. 85 86 Terry Boylan: Correct. 87 88 Pete Hallenbeck: What is the acreage of the fire pond? 89 90 Terry Boylan: The lot itself is about an acre and one half and that is ¾ of an acre. It is designed to hold water during 91 the 50 year drought and some depth below that. 92 93 Pete Hallenbeck: You want it to be at least 4 feet deep preferably 5 feet which would give you 44,000 gallons. 94 95 Patrick Mallett: We will make sure the fire marshal is satisfied with the volume. 96 97 Pete Hallenbeck: Is Paper Birch a DOT road? 98 99 Patrick Mallett: They have submitted an application and the right of way has been dedicated. 100 101 Terry Boylan: There are some items being taken care of in terms of BMPs. 102 103 Pete Hallenbeck: So you are still moving in that direction. The road to the development will be DOT standard. 104 105 Terry Boylan: Yes. 106 107 Approved 10/8/14 3 Patrick Mallett: Typically the right of way is dedicated and then the road can be accepted but they want to see 108 everything. 109 110 Lisa Stuckey: Behind lot 1, there is an open space that is a recreation lot, how would the other residents access that 111 lot? 112 113 Terry Boylan: That lot can be access from Paper Birch Lane by foot. 114 115 Lisa Stuckey: Across the Hobbs Lot, that is an easement that exists that is part of the … 116 117 Terry Boylan: That is the stream buffer. 118 119 Lisa Stuckey: So is it an easement for residents or just to keep people off? 120 121 Terry Boylan: That is an extension of this buffer for the stream. 122 123 Tony Blake: Are you putting in the hydrants? 124 125 Terry Boylan: In talking to the fire marshal, they prefer to be able to extend the hose. They have a platform they put 126 it on a floating dock instead of a hydrant. 127 128 Pete Hallenbeck: I would suggest you talk to the fire department serving this. 129 130 Patrick Mallett: With a Major Subdivision, you go through the concept, preliminary plan and then they go through that 131 exercise. At this point, we make sure it can work. 132 133 Michael Harvey: We have been meeting our Orange County Emergency Services to discuss regional impoundment 134 systems to address fire access issues. Part of that problem that came up with Triple Crown Farm was a concern 135 there were no fire ponds in the area and the developer who was willing to address his comments was not willing to 136 build a fire pond that would kill two of his lots to satisfy an impoundment need globally so we are meeting to discuss 137 regional impoundment systems. 138 139 Paul Guthrie: Are you far enough along that you are satisfied that the density of the wells on this site will be able to 140 provide the water? Do you know what the water conditions are that you will be drilling into? 141 142 Terry Boylan: There has been no individual well testing. 143 144 Paul Guthrie: You have densities there that I would be curious that if you had any idea how deep you will have to go 145 or is that still to be found out? 146 147 Terry Boylan: That is still to be found out. 148 149 Paul Guthrie: Are you comfortable with the location of the septic fields and the density of the septic fields as opposed 150 to being adjacent to a cluster of wells? 151 152 Terry Boylan: We showed the wells with 100 foot rings. We had a consultant come out and preliminarily locate the 153 septic and an engineer from Environmental Health came out to determine the depths and the types of systems they 154 will support. 155 156 Paul Guthrie: In locating the septic fields, were you using an anticipated house size? 157 158 Terry Boylan: They are sized for four or five bedroom houses. 159 160 Patrick Mallett: Environmental Health is satisfied. 161 Approved 10/8/14 4 162 Andrea Rohrbacher: I have the same question Lisa had about the feasibly of access to the buffer area. 163 164 Pete Hallenbeck: I think it is interesting on this fire pond, putting an open space area, you are taking this thing that is 165 nice and required, a pond and giving it an opportunity to make a nice open space area with a water feature. 166 167 MOTION by Lisa Stuckey to approve the proposal as presented in our packet. Seconded by Tony Blake. 168 VOTE: UNANIMOUS 169 170 171 AGENDA ITEM 8: MAJOR SUBDIVISION PRELIMINARY PLAT: To review and make a decision on a Major 172 Subdivision Preliminary Plat application. Stroud’s Creek located southwest of the intersection 173 of NC Highway 57 and Stroud’s Creek Road. The Plan is consistent with the Concept Plan 174 Flexible Design Option reviewed and approved by the Planning Board in June 2014. The 175 Preliminary Plat calls for 14 single family residential lots on a 25.33 acre tract. 17.21 acres 176 (67.96%) of the site is reserved for primary and secondary open space. 177 Presenter: Patrick Mallett, Planner II. 178 179 Patrick Mallett Reviewed abstract. 180 181 Pete Hallenbeck: Are there any questions or comments? 182 183 MOTION by Tony Blake to approve this application. Seconded by Laura Nicholson. 184 VOTE: UNANIMOUS 185 186 187 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE PRIVATE ROAD AND ACCESS STANDARDS: To receive 188 information about a current multi-department advisory board project involving the review of 189 private road and access standards and to receive the Board’s comments. 190 Presenter: Abigaile Pittman, Transportation and Land Use Planner 191 192 Abigaile Pittman presented abstract. 193 194 Lisa Stuckey: Would the pullover roads apply just to 18 foot wide roads? 195 196 Abigaile Pittman: It would apply to any one way road. 197 198 Paul Guthrie: What is the definition of a private road? 199 200 Abigaile Pittman: One that is not accepted for public maintenance. Not built to public maintenance standards. 201 202 Paul Guthrie: There are no use standards or number of properties attached to define it; it has to do strictly with the 203 shape and construction of the road. 204 205 Abigaile Pittman: Yes. 206 207 Pete Hallenbeck: A private road is one that NCDOT does not maintain. 208 209 Paul Guthrie: Any existing non-public road servicing more than one household is grandfathered until an effort is 210 made to do some sort of planning development. 211 212 Abigaile Pittman: The new regulations are not retroactive. 213 214 Paul Guthrie: What would trigger on that situation this proposal? 215 Approved 10/8/14 5 216 Michael Harvey: Someone coming in and trying to subdivide any of those existing lots. There are two dual issues 217 here. We have an addressing ordinance that is enforced by Orange County Land of Records via the attorney’s office 218 that spells out road serving x number of lots or certain size has to be name. That is part of the ordinance. County 219 subdivision regulations have been adopted over the years. We didn’t get private road standards until 1998-2000 so 220 the County has a history of subdivision development some of which have been done under different standards. We 221 also have several properties in the County that have exercised their right under the general statute to develop their 222 property or subdivide their property through the exempt subdivision process. By state law, we have no review 223 authority and cannot hold them to any specific requirements identified in our subdivision standards. 224 225 Abigaile Pittman: The standard we are recommending to address those exempt subdivisions is to develop a 226 requirement that all newly created lots have access to a complying road, public or private, for emergency responders. 227 228 Tony Blake: I do want to have this discussion around water supply at some point. 229 230 Lisa Stuckey: I do think it would be a good idea to say that if you have a gate we can’t get through, there should not 231 be any discussion about who owes what for whom. 232 233 Craig Benedict: It is important how we differentiate what would go in the UDO and what needs to be handled by 234 other ordinances. 235 236 Paul Guthrie: In the emergency access to trails systems, there are two sides to it, one is providing the access points 237 but the trails may not be able to accommodate the size vehicles we have. We may need smaller vehicles. 238 239 Pete Hallenbeck: I like the three lots on the driveway. 240 241 Craig Benedict: You will probably need a road name. 242 243 Pete Hallenbeck: We have a few roads in Efland we cannot get the fire trucks down. With the pullovers, anyone who 244 had to go through a 1700 foot road would appreciate those pullovers. 245 246 247 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS: 248 a. Board of Adjustment 249 250 Michael Harvey: There were two meetings in August. The first was a regular meeting reviewing an application for 251 Chestnut Ridge United Method Church for a daycare which requires a Class B Special Use permit which was issued. 252 There was special hearing on August 27 to review an application to allow for PSNC natural gas line to be installed in 253 the county. The permit was issued and we will see what will come from that. I always expect litigation. 254 Unfortunately, I believe there is no issue that anyone can argue to overturn the decision because PSNC, at the onset 255 of the meeting filed their formal objection that North Carolina state law regulations actually preempts local approval of 256 utility lines. A majority of the issues at the hearing involved a perception by local residents that PSNC was less than 257 forth coming with information, they were rude and refused to provide required information and they are not being 258 adequately compensated for these new lines. There were also arguments there have been gas lines explosions as 259 such the County cannot issue the permit. There were also arguments that this would have a negative impact on 260 adjacent property value. 261 262 Pete Hallenbeck: What is the size of the line? 263 264 Michael Harvey: A 16 inch line from Mebane Oaks to the existing Regulator Station in the Town of Carrboro planning 265 jurisdiction on NC Highway 86. The reason for this permit was because it went through private property 266 267 Paul Guthrie: Do you have any information as to whether this large pipeline that was announced from West Virginia 268 to Eastern North Carolina will run near Orange County? 269 Approved 10/8/14 6 270 Michael Harvey: No but it is running into severe opposition in West Virginia. 271 272 AGENDA ITEM 12: ADJOURNMENT: 273 274 MOTION by Paul Guthrie to adjourn. Seconded by Tony Blake. 275 VOTE: UNANIMOUS 276 277 278 _________________________________________ Pete Hallenbeck, Chair