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Home My WebLink AboutOCPB minutes 090215Approved 10/7/15 1 MINUTES 1 PLANNING BOARD 2 SEPTEMBER 2, 2015 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Tony Blake, Bingham Township 6 Representative; Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 7 Representative; Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-Large, Cedar Grove 8 Township; James Lea, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 9 Paul Guthrie, At-Large Chapel Hill Township; 10 11 MEMBERS ABSENT: Lydia Wegman-At-Large Chapel Hill Township (Vice Chair); Maxecine Mitchell, At-Large 12 Bingham Township; Paul Guthrie, At-Large Chapel Hill Township; 13 14 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Ashley Moncado, Special Projects Planner; 15 16 OTHERS PRESENT: Katherine Ansardi 17 18 AGENDA ITEM 1: CALL TO ORDER 19 20 AGENDA ITEM 2: INFORMATIONAL ITEMS 21 a) Planning Calendar for September and October 22  September 8 – Quarterly Public Hearing 23 24 AGENDA ITEM 3: APPROVAL OF MINUTES 25 a) August 5, 2015 ORC Notes 26 b) August 5, 2015 Regular Meeting 27 28 MOTION by Laura Nicholson to approve the notes and minutes. Seconded by Buddy Hartley. 29 VOTE: UNANIMOUS 30 31 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 32 33 No changes to the agenda. 34 35 AGENDA ITEM 5: PUBLIC CHARGE 36 37 Introduction to the Public Charge 38 The Board of County Commissioners, under the authority of North Carolina General 39 Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land 40 development laws of the County. The general purpose of OCPB is to guide and 41 accomplish coordinated and harmonious development. OCPB shall do so in a manner 42 which considers the present and future needs of its residents and business through 43 efficient and responsive process that contributes to and promotes the health, safety, and 44 welfare of the overall County. The OCPB will make every effort to uphold a vision of 45 responsive governance and quality public services during our deliberations, decision, and 46 recommendations. 47 48 Public Charge 49 The Planning Board pledges to the residents of Orange County its respect. The Board 50 asks its residents to conduct themselves in a respectful, courteous manner, both with the 51 Board and with fellow residents. At any time, should any member of the Board or any 52 Approved 10/7/15 2 resident fail to observe this public charge, the Chair will ask the offending member to 53 leave the meeting until that individual regains personal control. Should decorum rail to be 54 restored, the Chair will recess the meeting until such time that a genuine commitment to 55 this public charge is observed. 56 57 AGENDA ITEM 6: CHAIR COMMENTS 58 59 None 60 61 AGENDA ITEM 7: ZONING ATLAS AMENDMENT (CONDITIONAL ZONING DISTRICT) – To make a 62 recommendation on a request to rezone 112 acres of property from Rural Residential (R-63 1), Upper Eno Protected Watershed Protection Overlay District to Master Planned 64 Development Conditional Zoning (MPD-CZ), Upper Eno Protected Watershed Protection 65 Overlay District in order to allow for the development of Hart’s Mill Village within the 66 Cheeks Township. This item was heard at the May 26, 2015 quarterly public hearing and 67 was reviewed at the July 1, 2015 Planning Board meeting. 68 69 Presenter: Michael Harvey, Current Planning Supervisor 70 71 Michael Harvey: Reviewed abstract. 72 73 Michael Harvey: On page 59 there is a condition stating the community house will be limited to 3,000 square feet. 74 The applicant is asking for that to be doubled to a maximum of 6,000 square feet so they are not limited in the future. 75 Staff has no concerns with doubling the square footage. If there is a motion tonight to recommend approval it will 76 need to be done as amended addressing this request. 77 78 Tony Blake: The six inch water line is adequate for service and firefighting? 79 80 Michael Harvey: The project engineer is saying the six inch line should suffice in providing water for firefighting and 81 service. There is a pond on site for auxiliary firefighting capabilities. Jason [Fire Marshal] agreed that ultimately the 82 size of the line will be determined at the construction drawing phase and concerns will be addressed at that time with 83 the existing line. 84 85 Lisa Stuckey: If there are more developments along Fazier Road would that trigger a need for a larger line? 86 87 Pete Hallenbeck: It could, if someone came in and wanted to do a large development. 88 89 Lisa Stuckey: Every owner will own 1/50th share. So people will not own the unit at all? 90 91 Katherine Ansardi: We would like to do a housing cooperative and we are speaking with attorneys to understand the 92 law in North Carolina and implications of that model. At the end of the day we might end up with a condo legal 93 structure that is organized to operate as close to housing cooperative as possible. The land itself will not be 94 individually owned and if we go with the condo model people will own the interior of the units. However, with the 95 cooperative model every member is an equal shareholder that owns all the land and buildings which provides the 96 option for a long term lease of their unit. 97 98 Lisa Stuckey: So everyone has to be an equal owner? 99 100 Katherine Ansardi: They have to have an equal voting share. 101 102 James Lea: Can you sublease the unit? 103 104 Katherine Ansardi: We are discussing that and trying to determine that. 105 Approved 10/7/15 3 106 James Lea: What happens when someone dies? 107 108 Katherine Ansardi: You are getting into details that I don’t have all the answers to. My understanding is that when 109 someone buys into the coop they have an economic interest in the community that may be passed onto kin after they 110 pass which they can sell. Their heir would not be automatically a member of their coop, but they would have the right 111 to their share to be sold. The cooperative may buy that unit back. 112 113 Lisa Stuckey: Our approval doesn’t relate to how they set up their ownership? 114 115 Pete Hallenbeck: Our next step is the statement of consistency which does not directly relate to ownership. 116 117 Michael Harvey: The ownership model was a concern at the public hearing because Board members wanted 118 information of how this would be set up and the applicant is still figuring that out. They have provided additional 119 information on page 17 and 18. 120 121 Michael Harvey reviewed the recommendation. 122 123 MOTION made by Lisa Stuckey to recommend approval of the statement of consistency. Buddy Hartley seconded. 124 VOTE: Unanimous 125 126 MOTION made by Lisa Stuckey to approve the ordinance of approval as amended. Laura Nicholson seconded. 127 VOTE: Unanimous 128 129 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 130 A. Board of Adjustment 131 132 Michael Harvey: Board of Adjustment has a public hearing on October 12 to review a Class B Special Use Permit for 133 a retreat center. We are not sure we will have a full board anymore or if the applicant may withdraw the application. 134 135 B. Orange County Transportation 136 None 137 138 AGENDA ITEM 9: ADJOURNMENT 139 140 Motion to adjourn made by James Lea. Seconded by Tony Blake. 141 ___________________________________________ Pete Hallenbeck, Chair