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Home My WebLink AboutOCPB minutes 070115Approved 8/5/15 1 MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 1, 2015 3 REGULAR MEETING 4 5 6 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lydia Wegman-At-Large Chapel 7 Hill Township (Vice Chair); Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill 8 Township; Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township Representative; 9 Lisa Stuckey, Chapel Hill Township Representative; Maxecine Mitchell, At-Large Bingham Township; Herman Staats, 10 At-Large, Cedar Grove Township; Andrea Rohrbacher, At-Large Chapel Hill Township; 11 12 MEMBERS ABSENT: Bryant Warren, Hillsborough Township Representative; James Lea, Cedar Grove Township 13 Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 16 Planning Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II. 17 18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19 20 Pete Hallenbeck: Called meeting to order 21 22 AGENDA ITEM 2: INFORMATIONAL ITEMS 23 a) Planning Calendar for July and August 24 25 AGENDA ITEM 3: APPROVAL OF MINUTES 26 a) APRIL 1, 2015 REGULAR MEETING 27 b) JUNE 3, 2015 REGULAR MEETING 28 29 Pete Hallenbeck: Andrea Rohrbacher’s name was listed at Laura Rohrbacher. Tony supplied an email that 30 should be attached to the minutes. 31 32 Perdita Holtz: There were also the April 1 ORC notes that I emailed out. 33 34 MOTION by Paul Guthrie to approve the Planning Board minutes with corrections and the attached email. 35 Seconded by Tony Blake. 36 37 VOTE: UNANIMOUS 38 39 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 40 41 No changes to the agenda. 42 43 AGENDA ITEM 5: PUBLIC CHARGE 44 45 Introduction to the Public Charge 46 The Board of County Commissioners, under the authority of North Carolina 47 General Statute, appoints the Orange County Planning Board (OCPB) to uphold 48 the written land development laws of the County. The general purpose of OCPB is 49 to guide and accomplish coordinated and harmonious development. OCPB shall 50 do so in a manner which considers the present and future needs of its residents 51 Approved 8/5/15 2 and business through efficient and responsive process that contributes to and 52 promotes the health, safety, and welfare of the overall County. The OCPB will 53 make every effort to uphold a vision of responsive governance and quality public 54 services during our deliberations, decision, and recommendations. 55 56 Public Charge 57 The Planning Board pledges to the residents of Orange County its respect. The 58 Board asks its residents to conduct themselves in a respectful, courteous manner, 59 both with the Board and with fellow residents. At any time, should any member of 60 the Board or any resident fail to observe this public charge, the Chair will ask the 61 offending member to leave the meeting until that indiv idual regains personal 62 control. Should decorum rail to be restored, the Chair will recess the meeting until 63 such time that a genuine commitment to this public charge is observed. 64 65 AGENDA ITEM 6: CHAIR COMMENTS 66 67 Pete Hallenbeck: I have no comments. 68 69 AGENDA ITEM 7: APPLICATION FOR A CLASS A SPECIAL USE PERMIT: To make a recommendation to 70 the Board of County Commissioners on a Special use Permit application seeking 71 approval of a school redevelopment/master plan for Emerson Waldorf School’s 72 existing facility located at 6211 New Jericho Road within the Chapel Hill Township. 73 This item was heard at the May 26, 2015 quarterly public hearing. 74 75 Presenter: Michael Harvey, Current Planning Supervisor 76 77 Michael Harvey: Reviewed abstract. 78 79 Pete Hallenbeck: Is there a requirement for sprinklers for schools? 80 81 Patrick Mallet: Part of the review with Jason Shepherd, Orange County Fire Marshal, is whether it is a 82 situation whether they go left or right, they may or may not require sprinklers, there are ways we can 83 overcome that. This is why we have the recommended condition that all building plans are reviewed by the 84 Fire Marshal to ensure compliance with applicable standards. 85 86 MOTION made by Lydia Wegman to approve pages 49-54 of the agenda packet. Lisa Stuckey seconded. 87 VOTE: Unanimous 88 89 MOTION made by Lisa Stuckey that the use will maintain or promote the public health, safety and general 90 welfare, if located where proposed and developed and operated according to the plan as submitted based 91 upon the evidence listed on page 55 and there are no items to the contrary. Laura Nicholson seconded. 92 VOTE: Unanimous 93 94 MOTION made by Tony Blake that the use will maintain or enhance the value of contiguous property based 95 on the evidence provided and there is no counter evidence. Andrea Rohrbacher seconded. 96 VOTE: Unanimous 97 98 MOTION made by Lydia Wegman that the location and character of the use if developed according to the 99 plan submitted will be harmony with the area in which it is to be located. Tony Blake seconded. 100 Approved 8/5/15 3 VOTE: Unanimous 101 102 MOTION made by Paul Guthrie to recommend the special use permit for approval and all thirteen 103 recommended conditions. Laura Nicholson seconded. 104 VOTE: Unanimous 105 106 AGENDA ITEM 8: APPLICATION FOR A CLASS A SPECIAL USE PERMIT: To make a recommendation to 107 the Board of County Commissioners on a Special Use Permit application seeking 108 to develop a solar array/public utility station on a portion of a 35.8 acre parcel of 109 property located at 1612 white Cross Road within the Bingham Township. This 110 item was heard at the May 26, 2015 quarterly public hearing. 111 112 Presenter: Patrick Mallett, Planner II 113 114 Pat Mallett: Reviewed abstract and revised site plan. 115 116 Lydia Wegman: The 65 foot buffer is not reflected in the conditions on p age 85? Should it be reflected 117 there? 118 119 Pat Mallett: We are noting that this was provided into the record as evidence; I would believe that it is 120 covered. 121 122 Lydia Wegman: So this plan, plus this statement about the 15 foot additional setback… 123 124 Pat Mallett: I would think you could include that as part of your recommendation. 125 126 Beth Trahos: I am an attorney with Smith, Moore, Leatherwood and I am here tonight on behalf of the 127 applicant. The 65 foot buffer was very carefully designated on the plans which are part of the approval 128 itself. We are held to the 65 foot buffer in the conditions that are included in the plans. We will draft a 129 written condition for inclusion as well that echoes the requirement of the site plan itself. 130 131 MOTION made by Lydia Wegman to approve the recommendations on page 78-82. Tony Blake seconded. 132 VOTE: Unanimous 133 134 MOTION made by Tony Blake that the use will maintain or promote the public health, safety and general 135 welfare, if located where proposed and developed and operated according to the plan as submitted and 136 there is no evidence to the contrary. Laura Nicholson seconded. 137 VOTE: Unanimous 138 139 MOTION made by Lydia Wegman that the use will maintain or enhance the value of contiguous property 140 based on the evidence provided on page 84 and there is no counter evidence. Andrea Rohrbacher 141 seconded. 142 VOTE: Unanimous 143 144 MOTION made by Tony Blake that the location and character of the use if developed according to the plan 145 submitted will be harmony with the area in which it is to be located with no evidence to the cont rary. 146 Andrea Rohrbacher seconded. 147 VOTE: Unanimous 148 149 Approved 8/5/15 4 MOTION made by Lisa Stuckey to recommend the special use permit for approval and all eleven 150 recommended conditions. Laura Nicholson seconded. 151 VOTE: Unanimous 152 153 AGENDA ITEM 9: ZONING ATLAS AMENDMENT (CONDITIONAL ZONING DISTRICT): To begin review of a 154 request to rezone 112 acres of property from Rural Residential (R-1), Upper Eno 155 Protected Watershed Protection Overlay District to Master Planned Development 156 Conditional Zoning (MPD-CZ), Upper Eno Protected Watershed Protection 157 Overlay District in order to allow for the development of Hart’s Mill Village within 158 the Cheeks Township. This item was heard at the May 26, 2015 quarterly public 159 hearing. 160 161 Presenter: Michael Harvey, Current Planning Supervisor 162 163 Michael Harvey: Reviewed abstract. 164 165 Paul Guthrie: Is it a common sewage disposal system or individual? 166 167 Michael Harvey: Common septic system with about 6 acres devoted to supporting a septic area. 168 169 Paul Guthrie: They need to carefully structure the ownership model as to who is responsible. 170 171 Buddy Hartley: If this is done like condominiums, the sewer is basically handled by the state, permitted, it 172 could be checked, they should have an association which pays homeowners dues that takes care of the 173 streets, etc. 174 175 Michael Harvey: I am asking you for questions or comments in the next couple of weeks, email me by July 176 17, 2015. This will come back to you. My goal is to bring this back at the September meeting. 177 178 Lydia Wegman: Is there any different impact when you have however many people living there in 34 units 179 and running a farm. 180 181 Michael Harvey: They enjoy the same rights as any 112 acre parcel of property owner that lives on the 182 property. If they are engaging in an activity otherwise, they would have to go through the appropriate 183 review and approval process. 184 185 Maxecine Mitchell: I want to encourage us to not to knock against it. It is really neat. I was hearing all the 186 concerns. I was thinking about neighborhoods. Let’s embrace them and help th em out. 187 188 Tony Blake: I agree, but this is a hybrid between a condominium and farm. There are different rules. 189 190 Pete Hallenbeck: Everyone is for this. Whatever they do, since they are creating their own zoning district, 191 so whatever they do, they have to go back and modify that. 192 193 Buddy Hartley: Would there be any private security? 194 195 Michael Harvey: Here is my list of additional questions for the applicant. You would like to see the 196 promotional materials and have a better understanding of how they are marketing this vision, this board 197 would like the applicant to consider the future and additional uses they may want to include, request for a 198 Approved 8/5/15 5 breakdown of farm uses and what they would like to do, and have you thought about security concerns or 199 thought about security services. 200 201 Lisa Stuckey: If they use irrigation will they have enough water 202 203 Michael Harvey: Site plan shows irrigation and a pond. 204 205 Pete Hallenbeck: Email any additional questions to Michael. 206 207 AGENDA ITEM 10: COMMITTEE/ADVISORY BOARD REPORTS 208 A. Board of Adjustment 209 Michael Harvey: Updated the board on the denial of a cell phone tower in June. 210 211 B. Orange County Transportation 212 None 213 214 AGENDA ITEM 11: ADJOURNMENT 215 ___________________________________________ Pete Hallenbeck, Chair