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HomeMy WebLinkAboutOCPB Minutes 011018Approved 2/7/18 Minutes1 Orange County Planning Board2 January 10, 20183 Regular Meeting4 5 6 MEMBERS PRESENT:Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 7 Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 8 Chapel Hill Township; Kim Piracci, At-Large; Township; Alexander Gregory, Chapel Hill Township Representative; 9 David Blankfard, Hillsborough Township Representative; Randy Marshall, At-Large; Adam Beeman, Cedar Grove 10 Township; Hunter Spitzer, At-Large;Buddy Hartley, Little River Township Representative;11 12 MEMBERS ABSENT:Laura Nicholson, Eno Township Representative; 13 14 STAFF PRESENT:Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor;PerditaHoltz, 15 Planning Systems Coordinator/Planner III;Patrick Mallett, Planner II;Meredith Kern, Administrative Assistant;16 17 OTHERS PRESENT:Jim Parker, Summit Engineering; Timothy Smith, Summit Engineering; Ed Sirgany, Summit 18 Engineering; Brian Quintan, Calvert Energy;19 20 AGENDA ITEM 1:CALL TO ORDER AND ROLL CALL21 22 Chair Lydia Wegman called the meeting to orderat 7 p.m.23 24 AGENDA ITEM 2:ELECTIONOFCHAIRANDVICE-CHAIRFOR201825 26 Lydia Wegmanasked for the board to make nominations.27 28 Perdita Holtzsaid March 31 of each year, four members rotate off the board or get nominated for a second term. 29 Buddy Hartley and Tony Blake have reached the end of their term limits and will be rotating off this board.30 31 Lydia WegmanthankedPerdita Holtz for this information. She said she would be happy to serve again to serve as 32 chair. Hearing no other nominations, Lydia Wegman called for a vote. 33 34 Unanimous vote to reelect Lydia Wegman as Planning Board Chair35 36 Lydia Wegman asked Tony Blake for nominations for Vice-Chair. Tony Blake nominated Randy Marshall. 37 38 Unanimous vote to elect Randy Marshall as Planning Board Vice-Chair39 40 AGENDA ITEM 3:INFORMATIONAL ITEMS41 a.a)Planning Calendar for Januaryand February42 •January23 –BOCC public hearing on this matter43 44 AGENDA ITEM 4:APPROVAL OF MINUTES45 December 18, 201746 47 Lydia Wegman stated that she had minor changes to the minutes.48 49 MOTION by Tony Blaketo approve the December 18, 2017, Regular Meeting Minutes. Seconded by PaulGuthrie.50 VOTE:Unanimous51 52 AGENDA ITEM 5.CONSIDERATION OF ADDITIONS TO AGENDA53 No additions to the agenda. 54 55 Approved 2/7/18 AGENDA ITEM 6:PUBLIC CHARGE56 57 Introduction to the Public Charge58 The Board of County Commissioners, under the authority of North Carolina General Statute, 59 appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 60 of the County. The general purpose of OCPB is to guide and accomplish coordinated and 61 harmonious development. OCPB shall do so in a manner, which considers the present and future 62 needs of its citizens and businesses through efficient and responsive process that contributes to 63 and promotes the health, safety, and welfare of the overall County. The OCPB will make every 64 effort to uphold a vision of responsive governance and quality public services during our 65 deliberations, decisions, and recommendations.66 67 68 Public Charge69 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 70 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 71 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 72 public charge, the Chair will ask the offending member to leave the meeting until that individual 73 regains personal control. Should decorum fail to berestored, the Chair will recess the meeting until 74 such time that a genuine commitment to this public charge is observed.75 76 Lydia Wegman read the public charge aloud.77 78 AGENDA ITEM 7:CHAIR COMMENTS79 There were no comments.80 81 AGENDA ITEM 8:CLASS ASPECIAL USE PERMIT (SUP)-To review and make a recommendation to the BOCC on a 82 Class A Special Use Permit application to develop a solar array/public utility station on 27.8 acres of a 52 acre parcel 83 of property (PIN 9835-02-9137, no address assigned yet) which is accessed via an easement from 6519 U.S. 84 Highway 70 West within the Cheeks Township. An SUP was approved in September 2016 but has expired, 85 necessitating consideration of a new SUP.86 Presenter:Patrick Mallett, Planner II87 88 Patrick Mallett summarizedthat this application was previously reviewed by the Planning Board atits August 3, 2016,89 regular meeting and approved by the BOCC on September 12, 2016. This approval expired on September 12, 2017, 90 and therefore needs to be re-approved.This is a solar array third party company that transfersits power to Duke 91 Energy. He reviewed the site plan. There is 20 to 30 feet of elevation change as well as distance between this 92 property and residential neighbors. 93 94 Lydia Wegman asked about the distance from residential land.95 96 Patrick Mallett answeredmostly more than 1,000 feet. He continued to review the site plan, including the location of 97 the access easement, the screening and buffer of the solar array area. He pointed out stream buffers along the 98 perimeters of the property. Previously, there was a condition to preserve a conservation easement in a corner of the 99 property. Staff has determined that it the conservation easement wascumbersome with legalities and instead 100 proposed to callthat corner a natural buffer area. 101 102 Lydia Wegman asked if that change will be reflected in thelease agreement.103 104 Patrick Mallettsaid the plat would lock that in as a commitment that they will not disturb that corner. The stream 105 buffers would not permit the owner to do much anyway, he added. 106 107 Brian Quintan added that when it is recorded for the lease, it will be written that this area cannot be disturbed. 108 109 Tony Blakenoted it is only good as long as the lease is in effect. Brian Quintan confirmedthat.110 Approved 2/7/18 111 Patrick Mallettexplained the state and federal requirements changed after this was previously approved. North 112 Carolina had a guarantee of a 15-year lease and a guaranteed rate that an owner would get back from the power 113 company. His understanding is that Duke Energy lobbied to change the legislature. The lease is now a five-year 114 lease at a much lower rate. The applicant was delayed while making sure they would still get the old rate. 115 116 Brian Quintan spoke about the difficulties and delays with Duke Energy.117 118 Michael Harveyexpanded on the point Patrick Mallett made about the flood plain. Per the revised Unified 119 Development Ordinance, there can be no development in the flood plain, which includes part of the corner of the 120 property that was a conservation easement. 121 122 Patrick Mallettreviewed the abstract contains all the necessary documents. He reviewed that two neighbors attended 123 the Neighborhood Information Meeting and were interested in the project more than concerned. 124 125 Tony Blake asked what the land looks like.126 127 Patrick Mallettanswered that it was timbered years ago and there is scrub growing and chunks of concretethere as 128 well.129 130 Tony Blakesaid there are solar arrays in two other areas and the buffers have not been enforced. The newest one is 131 awful. He hopes the standard will mean there is a buffer. 132 133 Lydia Wegman asked that the solar arrays will not be seeing from neighbors. 134 135 Patrick Mallett answered there are still trees around the perimeter. He then shared photos of the site and pointed out 136 mature trees in the buffer. 137 138 Lydia Wegman asked for verification that the buffer standards are now more rigorous than they were when the solar 139 arrays in White Cross were built. Particularly, she asked about the width of the buffer.140 141 Michael Harvey noted there are two locations in White Cross. The ordinance was amended after the first one was 142 approved. The second one was built with the new standards. More landscaping is required for the first one. Tony 143 Blake asked when that is required to be planted. Michael Harvey answered that he did not have that information with 144 him this evening. 145 146 Brian Quintan clarified the buffer requirements. He said there is a 50-foot requirement. He said because of the 147 existing trees around the perimeter, the site already has that much buffer and he intends to supplement it with 148 additional plantings. 149 150 Paul Guthrie asked about whether the arrangements with Duke Energy are complete and when construction might 151 begin. 152 153 Brian Quintan answered that the arrangements are not yet finalized and it is difficult to say when construction will 154 begin. He would guess a year after he gets the permit. 155 156 Patrick Mallettsaid the ordinance allows for the applicant to ask for an extension but it has to be requested six 157 months before the permit expires. 158 159 Patrick Mallett reviewedthe findings of fact, located in Attachment 4, which is located on Pages 154 to 158 in the 160 agenda packet. 161 162 Michael Harvey clarified that planning staff recommends that the use will maintain or promote the public health, 163 safety and general welfare. Thatrecommendation is based on the application packet, the various attachments 164 detailed, and at the public hearing. The minutes from the past meetings on this will be introduced into the record, as 165 Approved 2/7/18 that is the quasi-judicial component of this hearing. It is our professional opinion that the array as proposed will not 166 create a dire set of consequences for surrounding property owners and will not have a negative impact on the public, 167 safety or welfare. With respect to the value of contiguous property, within the agenda packet there is a report 168 regarding the impact of the facility on contiguousproperty values. That is enabling staff to make a recommendation 169 thatthe use will maintain or enhance the value of contiguous property. And finally, the location and character of the 170 use, if developed according to the plan submitted, will be in harmony with the area. Staff is basing that finding on the 171 application package, the staff abstract, the documented evidence and the various attachments, specifically 172 Attachment 1, Attachment 2, Attachment 5, and the Neighborhood Information Meeting. Staffrecommendsapproval 173 of the Special Use Permit. 174 175 Patrick Mallett reminded the board of the process of voting and that the only condition that changed was Condition 176 Number 1, which involved changing the language from a conservation easement to a natural buffer area. 177 178 MOTION by Tony Blake to approve staff recommendationsas detailed on Pages154-159of the abstract packet.179 Seconded by Hunter Spitzer.180 VOTE:Unanimous181 182 MOTION by Kim Piraccito find that, with respect to Section 5.3.2 (A) (2), the use will maintain or promote the public 183 health, safety and general welfare, if located where proposed and developed and operated according to the plan as 184 submitted.Seconded by David Blankfard.185 VOTE:Unanimous186 187 MOTION by Randy Marshall tofind that with respect to Section 5.3.2 (A) (2) (b) The use will maintain or enhance the 188 value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or 189 enhance the value of contiguous property).Seconded by Alexander Gregory.190 VOTE:Unanimous191 192 MOTION by Randy Marshall tofind that with respect to Section 5.3.2 (A) (2) (c), the location and character of the use, 193 if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use 194 is in compliance with the plan for the physical development of the County as embodied in these regulations or in the 195 Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Seconded by David 196 Blankfard.197 VOTE:Unanimous198 199 MOTION by Hunter Spitzer to approve the Special Use Permit with the imposition of the mutually agreed upon 200 conditionsas listed on Pages162-163. Seconded by Tony Blake.201 VOTE:Unanimous202 203 204 AGENDA ITEM 9:MASTERPLANDEVELOPMENTAPPLICATION–SETTLER’S POINT -To review comments 205 made at the November 14 quarterly public hearing, proposed revisions to conditions as a 206 result of comments, and to make a recommendation on the proposed revisions concerning an 207 application for an MPD-CZ (Master Plan Development Conditional Zoning). The proposed 208 project encompasses approximately 195 acres in the Hillsborough Economic Development 209 District (EDD) south of Interstate 40 on both sides of Old Highway 86. The public hearing for 210 this item has been extended until January 23, 2018.211 212 Presenter: Craig Benedict, Planning Director, and Michael Harvey, Current Planning Supervisor213 214 Michael Harvey reviewed the abstractmaterials and that the purpose this evening is to finalize review of specific 215 conditions as requested by the county commissioners concerning the Master Plan Development Conditional Zoning 216 application for Settler’s Point. As a general reminder, this project involves two districts. District 1 involves two parcels 217 covering 148 acres. District 2 is approximately 47 acres involving 8 parcels of property. This review is a continuation 218 of the December 18, 2017, meeting. He reviewed that the applicant is proposing to not disturb the buffer in District 1 219 but to reduce the width of the buffer in District 2 from 100 feet to 50 feet as described on Pages 228 and 229 in the 220 Approved 2/7/18 agenda abstract. 221 222 David Blankfard asked, to be sure he understood, that at the last meeting, the applicant was asking for clearance of 223 the buffer and now they are proposing less. 224 225 Michael Harveyanswered that the applicant is now proposing to abide by the 50 percent clearance rule and where 226 they are creating visual breaks, they are proposing to re-landscape with low-lying foliage. He said the applicant would 227 explain that tonight. 228 229 David Blankford checked that the applicant wasn’t required to replant low-lying foliage in those visual breaks.230 231 Michael Harvey answered that he is technically correct. 232 233 A member asked a clarifying question about the amount of clearing proposed. 234 235 Michael Harveyanswered the applicant is proposing to clear 1,100 feet. They are going to do additional clearing 236 breaks and then re-vegetate them but not to the height of the current trees. Staff has determined that this would be 237 consistent with provisions of Section 6.6.4 (A) as it currently reads. 238 239 Paul Guthrie asked is there a long-term commitment for the low-lying foliage to be maintained. 240 241 Michael Harvey answered affirmatively. 242 243 Michael Harveysaid regarding signage, the applicant has provided the required renderings. Regarding land use and 244 schools(elementary, middle and high schools), the applicant has determined it is best at this time to eliminate this as 245 a land use. So, the applicant has proposed a modification to the application to eliminate this as a land use. To add it 246 back would take an amendment process that would be reviewed by the Planning Board and go to a public hearing. 247 248 Michael Harvey reviewed the language proposed for the condition that stipulates that water systems and water 249 pressure shall complywith all applicable Town of Hillsborough utility, building and fire code standards based on the 250 proposed land use. That is language that the staff and applicant are agreeable to. When asked, he clarified that the 251 standards at the time of the proposal would apply. 252 253 Paul Guthrie asked about sewercapacity for this project. 254 255 Michael Harveysaid as this project is developed, a developer might find there is not adequate capacity and be 256 unable to move forward until accommodation is made. 257 258 Craig Benedict said Orange County designed the sewer running under the interstate because it is an economic 259 development district. There is enough capacity. Large water and sewer usersare not proposed for that area. He 260 indicated the plan for sewer development south of Interstate 40 on a map. 261 262 Paul Guthrie asked if it would require a pumping station.263 264 Craig Benedict answeredno, the plan is for it toflow by gravity. The plan is to avoid a lift station if possible. 265 266 When there were no further questions about the utility condition, Michael Harvey reviewed that the requested tree 267 survey could not be ready for this process. After reviewing the minutes, it was determined that the county 268 commissioner who had requested that had not intended to request a tree survey be complete before the application 269 was approved but rather to help determine which trees should remain as the site is developed. Regarding limiting the 270 number of outdoor lighting fixtures, the applicant is willing to work with the county on that but wants to make sure 271 there is adequate lighting for security purposes. A condition will be implemented that says that outdoor lighting 272 fixturescan be extinguished after hours consistent with applicable safety features. Regarding the discussion and 273 consensus (but no vote)onthe allowance of30 percent retail (Page 231), a formal recommendation will be 274 requestedthis evening. Regarding hours of operation, staff concurs with the applicant that to market the site, the 275 Approved 2/7/18 hours needs to be flexible. 276 277 Tony Blake notedthat there are no other six-story buildings in Hillsborough and he is painfully aware of the cost of a 278 ladder truck. 279 280 Michael Harveysaid it was not brought up in any reviews. All site plans are reviewed andcommented on by the281 county and town fire marshals and reviewed by Orange County Rural Fire Department. There will obviously be 282 requirements to sprinkler buildings. 283 284 Tony Blake said it came up in Chapel Hill when a tall building was built and the ladder truck cost $1 million. 285 286 Timothy Smith, an engineer and project manager with Summit Design & Engineering, reviewed slides the board has 287 seen before including hypothetical schematics. He reviewed the MTC buffer along Interstate 40 is wooded. He 288 reviewed the plan to create breaks in the buffer so that the project is visible from the interstate. The applicant is 289 proposing low-growth shrubs that grow from 4 to 6 feet tall to give a soft break in the trees with some occasional 290 accenttrees that are maybe 15 to 25 feet tall like crepe myrtles. The proposal meets the requirements of the 291 ordinance, Smith reviewed. 292 293 Lydia Wegman asked if the accent trees and shrubs would be written into the conditions. 294 295 Timothy Smithsaid the applicant is wiling. 296 297 Tony Blake asked about the elevation of the project. 298 299 Timothy Smithanswered from the interstate, one would be looking up. 300 301 Paul Guthrieasked where the high-tension power line is located. 302 303 Timothy Smithindicated its location. He continued that the applicant is proposing a landmark sign at the intersection 304 ofOld N.C. 86 and the interstatethat would advertise the development. The second sign would be at the drive 305 entrance and would list the individual occupants. 306 307 Tony Blakeasked if there are specific down-light requirements for the signs. 308 309 Michael Harveyanswered there is internal illumination only. 310 311 Kim Piracciasked if a gas station is likely to be located here. 312 313 Timothy Smithanswered that is unknown at this point. 314 315 Kim Piracci asked if it would fall under retail. Staffanswered affirmatively.316 317 Lydia Wegmansaid she didn’t know if this could be answered tonight but have there been any further conversations 318 with the Town of Hillsborough? Timothy Smith said there had been no further comments. 319 320 Adam Beemanasked for comments on the Department of Transportation email. His biggest concern is traveling 321 southbound and trying to turnleft at the hospital. 322 323 Ed Sirganyanswered the light at the ramp would be one of the 2020 improvements. The signal would provide gaps 324 for drivers trying to make a left out of the service road. 325 326 Adam Beemansaid a second access to the industrial site is going to be necessary for trucks. 327 328 Ed Sirganysaid DOT was concerned about stacking at the ramps and yetthe Master Plan level does not provide the 329 level of detail needed to determine the impact of large trucks coming from a business like a warehouse. 330 Approved 2/7/18 331 Michael Harveysaid there will be traffic impact analyses in the future as site plans are submitted that may accelerate 332 the need to make external or internal improvements. 333 334 Tony Blakeasked if there was consideration to align the service road with the commercial area nearly across the 335 street. 336 337 Michael Harveysaid that will probably happen at some point as the conditions mandate. It’s not mandated yet 338 because the service road can accommodate the traffic expected to be generated. There was interest in providing 339 such spaces near the hotel and the commuter lot. 340 341 Hunter Spitzer proposed electric vehicle charging stations. He proposed 5 percent of the parking spaces be electric 342 vehicle charging stations.343 344 Jim Parker suggested 1 percent. 345 346 The board and Jim Parker briefly discussed the percentage and the interest in electric charging stations. Some board 347 members expressed concern that the hotel have that imposition. Others thought it was an amenity that might attract 348 overnight stays.349 350 Michael Harveychecked that the applicant is agreeing with the condition that 1 percent of the parking lot in District 2 351 will be made viable for vehicle recharge. He asked for a show of hands so that he can see that there is consensus on 352 the Planning Board. 353 354 Planning Board voted in favor (7-4) of the 1 percentof parking containing electric vehicle charging stations.He noted 355 there was a majority consensus on the board. Some board members continued to feel strongly that the condition of 356 electric charging stations was onerous. 357 358 Michael Harveyreviewed potential uses of the site, found on Pages279-280of the agenda packet. 359 360 Lydia Wegman asked whether there were any further questions. 361 362 Ronald Sieberaddressed the board. He said he is a neighbor of the project and wanted to know if there is a three-363 dimensional visual of what the development will look like. He enjoys his semi-rural lifestyle and wants businesses that 364 serve him and not just the people that drive along the interstate. He would be interested in something like Timberlyne 365 Shopping Center.366 367 Jim Parkersaid that there is not a three-dimensional vision at this point. He said everything has to be laid out and 368 approved before someone who has that vision comes forward.369 370 Michael Harveysaid there are conceptual schematics, detailed buffer plans, architectural design standards, and a 371 specific list of allowable uses. There is actually more buffer proposed for this project than with Timberlyne, which is a 372 strip mall shopping center in Chapel Hill. 373 374 Craig Benedict said we know what this project will produce as far as floor area ratio with open space and we can 375 calculate Timberlyne’s for comparison. 376 377 Michael Harvey pointed out that Timberlyne was built when stormwater standards were different. Those standards 378 have since changed and mightchange again before thisproject is built out and each project would have to abide by 379 the standards current at that time. 380 381 Kim Piraccisaid truck stops have huge parking areas. Would you want to do that? 382 383 Jim Park answered no.384 385 Approved 2/7/18 Michael Harvey said just to be clear, there is no truck stop proposed. It’s proposed to be a service station, which by 386 county definition is a gas station/convenience store. 387 388 Craig Benedictnoted the Petro truck stop in Orange County is a non-idling truck stop. 389 390 Kim Piracci asked whether future development has to honor the 100-foot buffer running along the stream.Michael 391 Harvey answered affirmatively and explained it’s a condition of approval. 392 393 394 MOTION by Buddy Hartley in support of the applicant’s MTC buffer construct for District 2 as outlined within the 395 abstract with the replanting condition as suggested by the applicant to include low-lying shrubs 4-6 feet in height and 396 accent trees such as crepe myrtle around 12 feet in height. . Seconded by AlexanderGregory.397 VOTE:Unanimous398 399 MOTION by Buddy Hartley regarding the self-lit signage condition with all the details in the agenda packet. Seconded 400 by Dave Spitzer.401 VOTE:Unanimous402 403 MOTION by Hunter Spitzer regarding the revised and agreed to utilityconditions.Seconded by Paul Guthrie404 VOTE:Unanimous405 406 MOTION by Randy Marshall that the Planning Board is supportive of a tree survey being submitted by the applicant as 407 part of the initial site plan submittal. Seconded by Lydia Wegman.408 VOTE:Unanimous409 410 MOTION by KimPiracci regarding the outdoor lighting would be extinguished as long as safety guidelines are adhered 411 to. Seconded by David Blankfard.412 VOTE:Unanimous413 414 MOTION by Buddy Hartleytohold the retail to 30 percent.Seconded by Alexander Gregory.415 VOTE:Unanimous416 417 The board is supportive of not establishing hours of operation. 418 419 MOTION by Hunter Spitzer that 1 percentof the parking in District 2 minus the hotel property would be electric 420 charging stations, as agreed upon by the applicant. Seconded by KimPiracci.421 VOTE:7-4 (nayes were Roberts, Hartley, Beeman, Blankford) 422 423 MOTION by Tony Blake to approve the statement of consistency. Seconded by Alexander Gregory.424 VOTE:Unanimous425 426 MOTION by Hunter Spitzer torecommend approval of the revised conditions of approval as documented in the 427 December 18, 2017, and January 10, 2018, meeting minutes. Seconded by Randy Marshall.428 VOTE:Unanimous429 430 AGENDA ITEM 10:COMMITTEE/ADVISORY BOARD REPORT431 a.Board of Adjustment 432 b.Orange Unified Transportation433 434 No report provided. 435 436 AGENDA ITEM 111:ADJOURNMENT437 438 Meeting was adjourned by consensusat 9p.m.439 Approved 2/7/18 ____________________________________440 Lydia Wegman, Chair441 442