HomeMy WebLinkAboutAgenda - 11-01-2000-8jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 2000
Action Age Ada .
Item No. ~-
SUBJECT: SUP-1-00 ~-Special Use Permit Modification for the Construction of a Shelter
for an Existin Rec clin Pad at the Oran a Count Landfill
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
Application Eddie Kirk, Planner II, ext 2582
Vicinity Map
Staff Memorandum TELEPHONE NUMBERS:
Findings of Fact Hillsborough 732-8181
8-28-00 Public Hearing Minutes (Draft) Chapel Hill 968-4501
10~-00 Planning Board Minutes (Draft) Durham fi88-7331
Mebane 336-227-2031
PURPOSE: To consider a modification to a Class A Special Use Permit for the construction of
a shelter for an existing recycling pad at the Orange County Landfill.
BACKGROUND:
Introduction: In FY 1999-00, the County's drop-off and commercial glass recycling programs
were brought in-house because of unreliable service, missed collections, and poor record
keeping on the part of the contractors who to that point had been carrying out these programs.
These recycling materials are now being processed on and around an open-air concrete slab
constructed specifically to accommodate these programs. Since the program was brought in-
house, there has been an increase of about 43 percent in the volume of materials recycled.
Funds were included in the approved FY 2000-01 Solid Waste/Landfill Operations Enterprise
Fund to construct a shelter for the recycling processing and to provide additional concrete pad
space. The shelter would minimize the difficult working conditions that Solid Waste
Management employees often face because of the operation's exposure to the wind, cold, sun,
and rain. Enclosing the processing area would limit the blowing of plastics and aluminum cans,
as well as some of the contaminants contained within the materials, such as paper. At the
lower level of the recycling pad, the processed materials are currently handled with a skid steer
loader (bobcat). The current pad area provides insufficient maneuvering area for this machine
as it loads the processed materials.
Request - Class A Special Use Permit Modification
Applicant: Orange County
Location and Zoning
• The Orange Regional Landfill is located on the north and south sides of Eubanks Road (SR
1727) north of Chapel Hill. The subject property (Tax Map Number 7.18..27D) contains
a
12.76 acres and' is located immediately west of the existing landfill on the north side of
Eubanks Road. It is zoned Rural Buffer and designated Rural Buffer on the Joint Planning
Area Land Use Plan. The existing landfill is in the Chapel Hill Transition Area on the Joint
Planning Area Land Use Plan.
Existing Special. Use;
• A Class A Special Use Permit was issued on the above referenced property on May 5, 1997.
The Special Use Permit included the construction of a 4000 square foot vehicle
maintenance building, the processing of yard waste and storm debris on an ongoing basis,
and the processing of recyclable materials which included white appliances, tires and scrap,
metal.
The Board of Commissioners approved a modification to the approved Special Use Permit
on November 17, 1998 to add an area to be used for recycling glass and metal cans. The
expansion included: a. A 7,500 square foot concrete slab, b. Two open sheds, 600 square
feet and 90.0 square feet each, and c. 44,000 square feet of additional vehicular surface.
Pro osed Modification
• This proposed modification will add two buildings (total 6,120 square feet) on an existing
7,500 square foot recycling pad; construction of an additional 1;125 square feet of concrete
pad contiguous to the existing pad and storage of an additional six roll-off containers on the
site.
Access
Currently access to the site is provided through the existing landfill. There is no direct
access to Eubanks Road.
Buffers
• A 100-foot buffer is provided around the perimeter of the site, except along the eastern
border, next to the existing landfill. A condition of approval was added to the original Special
Use Permit to insure that all vegetation within the 100-foot buffer will remain undisturbed.
Landfill0 eration
The hours, of operation of the site are from 7:00 a.m. to 4:00 p.m. Monday through Friday, and
8:30 a.m. to 1.2:00 noon on Saturday. The Director of Solid Waste Management for Orange
County, has indicated the proposed additional area is needed for recyclables at the landfill and
would not involve any landfilling activity. The existing landfill will be used through the year 2005
or 2006 and will be monitored for 30 years afterwards. The recycling facility may in some form
be utilized during this 30-year period.
August 28, 2000 Puhlic Hearing Comments
Mike Meagher, Engineer with the Solid Waste Management Department spoke in favor of the
proposal. Discussion ensued among the Commissioners who decided that a visit to the site
should be scheduled.
There were no comments in opposition to the proposal.
The site visit was arranged for September 27, 2000, and was attended by three Planning Board
members, one member of the Solid Waste Advisory Board, and various County staff members.
On October 4, 2000 the Planning Board unanimously recommended approval of the Special
Use Permit Modification per the attached findings with the following conditions:
All vegetation within the 100-foot buffer shall remain undisturbed. A waiver of the 100-
foot buffer shall be provided along the property line next to the existing landfill.
2. Yard Waste, mulch and recyclables shall be kept in the designated area as indicated on
the site plan. Land within this designated area not in use shall be seeded, repaired and
maintained.
3. If any condition of this Special Use Permit shall be held invalid or void, then this Special
Use Permit shall be void in its entirety and of no effect.
FINANCIAL IMPACT: If the Special Use Permit Modification is approved, staff will undertake
acquisition and construction of recycling operation shelters and additional concrete pad for
materials processing. The Solid Waste budget for FY 2000-01 already includes about $105,000
earmarked specifically for these purposes.
RECOMMENDATION(S): The Manager recommends that the Board close the Public Hearing
and approve the Special Use Permit Modification per the Planning Baard recommendation.
3q
(PLEASc TYPE OR PRINT - INIti ONLY) $/Vd
APPLICATION FOR CLASS A SPECIAL U5E PERMIT
OR.~NGE COUNTY BOARD OF C04L~fISSIONERS
DATE: 7 / .3 / ~ C~e~p
APPLICATION NUMBER: ~'- I - ~0
I (We) request a Class A Special Use Permit as provided for i Article ~ of the
Orange County Zoning Ordinance for 'T~-o~ 9u'r~D~ti, CS ~,12c SC,~ U.~/2k FerT ~ ~,
q ,v E x ~ s , r ~: c; •~, .sc:•o s Q .:;~,2E ; c ~Yr R. - e ~ c ~ iti:t~
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l~a~~c.u~tr s•,r- 12e`~-wry c ~,~rr-1+u~,~i ~~~ ,Mc s :rE,
The following information is provided in support of this request:
A. PROPERTY INFOR~IATI0N:
Street.Address or Location: 17 t ¢ ~ `-' ~'~'•-' ~s •~ c~~
Orange County Tax iviap ! ~ Slock Lot(s) :.2`7 ~ Township [ ,a.~ a~~ ,~.,+
Zoning District(s): {~ & - ~ u ~..: r P ~ ~ ,~.+ a.: 1 ~ ~ ~ i s T2rr7
Lat/Parcel Size: I ~ ~ ~ ~ /I c ~~ s acres ar square f~
Number of Existing Buildings: 1 Gross Floor Area: ~,f , to cy square f~
Number of Proposed $uildings: ~ Gross Floor Area:___.. .. (;~1 Z o _ _square f
tiVater Supply: E,.i,r. ~..c~L Public (Specify) Community Individu
Wastewater Disposal• ~,.+s r. SEPr~cpublic (Specify) Community Individu
School District: C Mfr}-r°f L r-j r t. ~ l=ire District• ~ ~ ~~~
r~ P~
General Land Uses in Area: R ~ ~~` L .~ ti'r t t ~
Critical Areas: .Stream/Drainageway I?lood Prone ArF
'~~~'-' ~-~°~ t:•}~~ ff~a2 Watershed (Specify) Historic S
Other (Explain)
B. SITE PLAN INf'ORa1~1~,TI0N:
Twenty-six (26) copies of a Site Plsn, prepared by a registered North Carolina
surveyor or engineer, are provided as required by.Article 8.8 and which contain the
following information:
-~ North paint, scale, and date.
~~ ~ Extent of area [o be developed.
~~ ,_ Locations and widths of all easements and rights-ol-way within or adjacent to
the site.
=~_ Location of all existing and proposed structures on the site.
.~ _ Location of all areas oa the site subject to flood hazard or iauadation as shown
_ on flood maps or soils maps.
~~ ^ Location of all water courses oa the site, including direction of flow.
~` Ezis[ing topography at a contour interval of five (5) feet based on mean sea
level datum.
Existing and proposed fencing, screening, gates, parking, service, and storage
areas. ,~
~_ Access to site, including sight distances oa alI roads used far access.
(PLEASE COI~iPLETE REVERSE SIDE)
4
C. OTHER SliB~1ITTaL INFORl~1ATI0~+:
~ Elevations of all structures proposed to be used in the development.
„+~~ Two (2) full-site conies of the applicable Orange County Tax ~4fap, one (1) copy
with the property in question clearly marked.
-_ ~" _ The' names and addresses of the property owner(s) and/or applicant(s), and the
names aad addresses are all persons owning property within five hundred
(500) feet of the property in question.
~„~ Application fee as set by the Orange County Board of Commissioners.
'^? ~ Traffic impact study as required by Article ].3 of the Zoning Ordinance.
^~ ~p Additional information regarding the proposed Special Use as required by
Article 8 of the Zoning Ordinance.
~'"~ Narrative (or letters from appropriate .agencies) indicating:
1. hSethod and adequacy of provision of sewage disposal facilities, solid
waste disposal, and water service. Where public sewer is not .
available, a letter from the Orange County Health Department
certifying the suitability of the existing and/or proposed
wastewater treatment system for the property.
2. Method and adequacy of police, fire, and rescue squad protection.
3. 1`Sethod aad adequacy of vehicular access to the site and traffic
conditions around the site.
I (We), the applicant(s), hereby certify that the foreeoing application and supporting
documentation is complete and accurate. I understand that it shall be my (our)
responsibility to present evidence to the Board of Commissioners the form of testimony,
exhibits, documents, models, plans, and .the like to support the request for approval of the
Class A Special Use Permit.
APPI.IC?~NT SIGNATURE
~ I : ~ i /~
DALE
NO?E: If title to the above mentioned property is not in the name of the applicant(s),
please Include a letter from the owner(s) signlfying approval of the request.
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FEES: Amount S Date Paid: / / Receipt
5
P.O. Bcx 17177 Chzpel Hill, NC 27516-7177 (919) 968-2885 P~,X (919) 932-2900 ~.~~r~w.ca.cran.;e.nc.uc/; scycling
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~~;'~ Orange Regional Landfill 932-2989 Orange Community Recycling 968-2788
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August 7, 2000
IV1r. Eddie Kirk
'~ Orange County Flanning Department
306-F Revere Road
Hillsborough, NC 27278
Re; Class A Special Use Permit Application-Recycling Facility-Johnson Tract
Dear Mr. Kirk:
In Accordance with your request for additional information, we at~er the following:
In support of Section 8.2.1 ofArticle 8-Special Uses
•. 8.2.1:b(1)- The use will maintain or promote the public health, safety and general
welfare; if located where proposed and developed and operated accordin~~ to the plan
as submitted;
The application indicates that the existing recycling area provides a much needed
service for the community. The proposed buildings will help to insure the proper
operation of the landfill by allowing recycling staff to work in an area protected
from the weather. It will also help the County meet the waste reduction goals of
45 percent by 200,1 and 61 percent, by 2006.
• 8?.l.b(2)- The use will maintain or enhance the value of the contiguous property
(unless the use is a public necessity, in which case the use need not maintain or
enhance the value of contiguous property);
The application indicates the buildings will improve the operating efficiency of the
existing recycling operation and is therefore a public necessity.
• 8.2.I.b(3)- The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is tv be located and the use is in
compliance with the plan for the physical development of the County as embodied in
these regulations or iln the comprehensive Plan, or, portion thereof, adopted by the
Board of County commissioners;
., .
6
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The location is contiguous to the eYistina landfill and is in harmony with that use.
The previous Special Use Permit for the recycling pad approved smaller buildings.
Please call the undersigned at 919-932-2959 if you have any questions or additional
information is needed.
,,
,,
Sincerely,
Michael J'. Meagher, P.E. .
Landfill Engineer
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INFRASTRUCTURE
WATER SERVICE- Water is available at the Maintenance Building, which is connected
to an existing well on landfill property.
SEWAGE DISPOSAL- The l~iaintenance. Building has an approved septic system (see
attached permit).
,SOLID WASTE DISPOSAL- The County Landfill is operated by County employees and
is adjacent to the proposed recycling improvements.
,,
VEHICULAR ACCESS- Access is limited to employees and recycling vehicles. The
recycling vehicles make about 10 trips per day.
~~JTEWATER SYSTEM
CONSTRUCTION
AUTHORIZATION
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9-1-1 Communications
24 Hour Warning Point
9I9-73?-8161
919-933-2600
Fax ,Machine
~' 919-967-9026
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Orange County Emergency ltiianagement
l?.O. Bax 818I
Hillsborough
ti"orth Carolina
27278
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August 4, 2040
To: Eddie Kirk
Planning Departmenf
From: Mike Tapp~~
Deputy Director/Fire Marshal
RE: Fire /EMS Coverage -Proposed buildings (2)
Concrete .pads
Storage of roll off. containers
Orange County Landfill
Rogers Road
Chapel Hill, NC 27514
Emergency Medical Services
Fire Marshal
Hazardous Materials
.919-64~-3030
919-968-?OSO
Administrative Fax
919-9ss-.~o6s
grange County Emergency Management, Division of EMS, will provide EMS
coverage for the referenced site. Orange County Emergency Management is
located at 191.4 New Hope Church Road, iri Chapel Hill; the Director is Nick
Waters. The New Hape Volunteer Fire Department provides fire coverage to the
referenced site. Station # 1 is located on Whitfield Road and Station # 2 is
located an N.C. Highway 86. Michael Bordeaux is the chief of the New Hope
Volunteer Fire Department.
Please contact us if additional assistance is needed.
12
To ~ Eddie K± rk
Orange County Planning Devartment
From: Sheriff Lindy Pendergrass
Re: Special UsQ Permit
Recycling Bias; Johnson Tract
Adjacent to Landfill
Eubanks Road, Orange County
Att: Micheal Meagher, Landfill Engineer
Town of Chapel Hill
Date: Al1Gl1ST 7, 2000
The Cxange County Sheriffs Departiaent has been naked if
wa would b.e able to provide services tc the properties indicated
above, recycling bins Eubanks Road.
We presently provide ~Z4 hour patrol and response to calls for
service is the area of the proposed rec clin bias.
to .this location will not effect our patrol ~grarkloadProviding serr?
l~
ation be needed please contact our office
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7t:xl City Text
7.18.
7. 8.2 G 7.18.27A
7. 8..2 H~---..-. ~---
~a1 S,
Tltis map contains par rats prepared for the inventory of real propery within
Oranc,~ County, and is conpiled from recorded deed, plats, and other public
records and data- llsP~s of Ittis rnap are hereby notified that the alor~ntior~ed
public primary infortrralim sources should be t~nsulted for verification of the
infomtalion tnntatned m this map. The county and its tnappiny conpanies assun~
' Oi%20!DO 15:50 $919 932 ?907 Orange Land>?111
July 3, 2pOO
19
TMOL
7.20..7A PIN
9871201786 OWNER
buKE UNIVERSITY ADDR255
SCHQOL OF FDRESTRY CITY STATE ZIP
7.18..1A 987D680fi64 CHAPEL HILL TpWN OF EfAL 303 N COLUMBIA CHAPEL HILL NC
7.18..27D
' 9870d78d22
CHAPEL HILL TOWN OF EI'AL
306 N COLUMBIA ST
CHAPEL HILL
NC 27594
7.18..27E
9870472293
DENG INNA
4646 GRINDING STONE DR
RALEIGH
NC 27518
"
7.18..27E
9870477143'
DENG INNA
4645 GRIMING STONE DR
RALlwIGH
NC 270
04
27604
7.18..27 9870379086 DENG INNA 4646 GRINDING STDNE: pR RALEIGH NC
7.18..1
9870682911
CHAPEL H1LL TOWN OF ETAL
309 N COLUMBIA
CHAPEL HILL
NC 27604-2704
7.18..27C
,~987,046962G
DENG INNA
dG46 GRINDING STONE DR
RALEIGH
NC 27514
7.18. X78
~87D466S7D
JOYNER ANN MOSS ETAL
8919 LEE 5T
MEBANE
NC 27604
7.18..27A
9870483349
PAGE ME:RTLE RUl"H. ETAL
209 KING JAME$ RD
UPPER MARLBORO
MD 27302-8575
2077¢8752
7.98..27H 4870460295 CHAN FRANCIS TRUSTE=E 743 TINKER6ELL RD CHAPEL HILL NC 27514
7.18..27G 9870369249 CHAN FRANCIS TRUSTEE 743 TINKEReELL RD eHAPi=L MILL NC 27594
~,
2i
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
CppntP of Br
Current Planning ~~ , ~ ~: 306E Revere Road
(919) 245-2575 ~ ~ P O Box 8181
(919) G44-3002 (FAx) Hillsborough,
www.co.orange..nc.us ~'°rf~ ~.t~"°~ North Carolina, 27278
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD AND BOARD OF COMMISSIONERS
FROM: ORANGE COUNTY PLANNING STAFF
DATE: AUGUST 2S, 2000
SUBJECT: SUP-1-00 CLASS A SPECIAL USE PERMIT MODIFICATION
ORANGE REGIONAL LANDFILL
1514 EUBANKS ROAD
GENERAL INFORMATION
APPLICANT: Orange County -Orange Regional Landfill
Gayle Wilson .
Orange County Director of Solid Waste Management
1514 Eubanks Road
Chapel Hill, NC 27516
STATUS OF APPLICANT:Owner
REQUESTED ACTION: Approval of a "Class A" Special Use Permit Modification under
Section 8.7.3 and Section 8.8.2 (Landfills) of the Orange County
Zoning Ordinance
PURPOSE: To add two buildings (tota16,120 square feet) on an existing 7,500 square foot
recycling pad; construction of an additional 1,125 square feet of concrete pad
contiguous to the existing pad and storage of an additional six roll-off containers
on the site.
2 ~.
EXISTING LAND USE AND ZONING:
NORTH- Duke Forest zoned RB.
SOUTH- Eubanks Road and wooded land zoned RB.
EAST- Orange Regional Landfill.
WEST- Young 9 to 10 year wooded growth on land zoned RB.
LAND USE PLAN: The Joint Planning Area Land Use Plan designates the area as Rural
Buffer.
22
FINDINGS OF THE ORANGE COUNTY PLANNING BOARD
PERTAINING TO Orange Regional Landfill
APPLICATION: Gayle Wilson -Orange County Director of Solid Waste Management
Special Uses must comply with general and specific standards as set forth in Article 8. Article 8.2.7 b) requires written
findings certifying compliance with the following:
111 Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are
divided into two (2) section which include:
la) Application components; and
Ib) Specifiic standards for Special Uses (Article 8.2.4, Article 8.8.2.1 and 8.8.2.2).
(2) Other requirements as set forth in the Zoning Ordinance, including the provisions of Article 5
(Dimensional Requirements) and Article 6 (Application of Dimensional Requirements.
Listed below are the findings of the Drange County Planning Board regarding the application in question. The findings
have been presented by Article and requirement to assist the Board of Commissioners in its deliberations.
ARTICLE 8.6 AND 8.$ -APPLICATION COMPONENTS "Yes" indicates com liance• "No" indicates Non-com liance
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Reauirements
8.6 -Application submitted on forms x Yes No
providing full and accurate description
of proposed use, including location,
appearance and operational
characteristics.
8.8 a) -Twenty Six (26) copies of x Yes No
the site plan prepared by a registered T
land surveyor, architect, or engineer.
8.8 b) -Elevations of all proposed x_Yes No
structures to be used in the development.
8.8 c) - A fee, as set by the Board x Yes No
of County Commissioners.
A complete application on Yes Na
appropriate forms has been
submitted.
Twenty Six (26) copies of the Yes No
site plan, prepared by
Michael Hining Archtitects
have been submitted.
Elevations are shown on Yes No'
the plans. The two
sheds are the only
structures proposed.
The application fee has been Yes No
paid.
23
ARTICLE 5 -DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance; "No" indicates Non-compliance
PLANNING
BOARO BOARD OF
RECOMMENDED ' EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
Article 5 lists standards for minimum
lot size, lot width, front, side and
rear setbacks, maximum building height
and Ict coverage, and development
intensity.
The applicant has applied for a
Special use Permit on property zoned
RB. The standards for the RB district
are set forth in Article 5.1.2 and
are as follows:
a) Minimum lot area per dwelling
unit $7,120 sq. ft.
b) Minimum lot width -
130 feet
c) Required front setback -
~FO ft.
d) Required side and rear
setbacks - 20 ft.
e) Maximum building height -
25 ft.
x Yes No
_x_Yes No
x Yes No
x Yes No
x Yes No
There are 12.76 acres Yes No
in the tract.
7'15 feet is indicated Yes No
on the, site plan.
The proposed sheds Yes No
are approximately
305 feet from the road
right-of-way.
The sheds are Yes No
approximately 190 ft.
from the closest property
line.
Building 'height does not . Yes No
exceed maximum allowed.
Compliance with lot coverage and
development intensity standards
is addressed in Article 6.
24
ARTICLE 6 -APPLICATION OF DIMENSIONAL REaU1REMENTS
"Yes" indicates com liance• "No" indicates Non-com liance
PLANNING
BOARD
RECOMMENDED
FINDINGS
Ordinance Requirements
Article 6 lists specific standards
which apply to various types of
development applications.
Article 6.12 contains those
development intensity standards
which apply to group developments
controlled by the Land Use Intensity
(LUI) system.
a) Minimum gross land area -
N/A
b) Maximum gross land erea-
N/A
c) Maximum floor ratio -
.088
d) Required minimum open space
ratio - .84
Required minimum open space -
480,214,8 sq. ft.
e) Required minimum pedestrian/
landscape ratio - .21
Required minimum pedestrian/
landscape space - 7 20,053.7
sq. ft.
_x_Yes No
_x~Yes No
x Yes No
BOARD OF
EVIDENCE SUBMITTED COMMISSIONERS
TO SUPPORT FINDINGS FINDINGS
N/A
N/A
Maximum permitted by Yes No
ordinance is 50,308.2
sq. ft. Applicant's plans
indicate floor area of
10,120 sq. ft.
Applicant's plans indicate Yes No
560,814 sq. ft. of
open space.
Applicant's plans indicate Yes No
195,833 sq. ft. of pedestrian/
landscape space.
2~
ARTICLE 8.2.4 -SPECIFIC STANDARDS/ALL SPECIAL USES "Yes" indicates com liance• "No" indicates
Non-compliance)
PLANNING
BOARD
RECOMMENDED
FINDINGS
Ordinance Requirements
Article 8.2.4 requires the applicant
to address the following:
a) Method and adequacy of provision
for sewage' disposal facilities,
solid waste and water service.
b) Method and adequacy of police,
fire arid rescue squad protection.
c) Method and adequacy of vehicle
access to the site and traffic
conditions around the site.
~x~Yes No
_x_Yes No
_x_Yes
BOARb OF
EVIDENCE SUBM177ED COMMISSIONERS
70 SUPPORT FINDINGS FINDINGS
The proposed modification Yes Na
will not affect the existing
well and septic system.
Fire protection will be provided _
by the New Hope Volunteer Fire
Department, rescue service by '
the Orange County Emergency
Management, and police protection
by the Orange County Sheriff's
Department.
No The property does not have
direct access onto Eubanks
Road. Access to the site is
through the existing landfill.
Yes No
Yes No
26
ARTICLE 8.2.2 -LANDFILLS Class A S ecial Use "Yes" indicates com liance• "No" indicates Non-com liance
PLANNING
BOARD
RECOMMENDED EVIDENCE SUBMITTED
FINDINGS TO SUPPORT FINDINGS
BOARD OF
COMMISSIONERS
FINDINGS
Ordinance Requirements
8.8.2.1 Additional Information
a)
1) Typical cross sections showing Yes No
extent of overburden, extent x N/A
of fill and water table Y
elevation, based on mean sea
level datum;
2) Proposed handling and storage Yes No
areas for overburden, by-products x N/A
and fill materials;
3) Proposed fencing, screening and x Yes No
~.
gates, parking, service and other ~'
areas;
4) Any areas proposed for ponding; and x Yes No
Landfilling is not proposed
for this site.
Landfilling is not proposed
for this site.
Screening, parking and service
areas are indicated.
There are no areas proposed
for ponding.
Yes No
N/A
Yes No
N/A
Yes No
Yes No
5) Access roads to the site, as well as x Yes No
on-site roads, with indication of
surface treatment to limit dust,
and sight distances on all roads
used for access to the site.
The two access dirt roads from
the landfill to the site are
indicated.
Yes No
b)
1) The date of commencement of x Yes No
operations and their expected .~
duration.
2) Proposed hours and days of operation. x Yes No
The operations will begin with
approval of the SUP and
continue until landfill is closed.
Days and hours of operation are
indicted on the site plan.
Yes No
Yes No
3) Complete description of operation, x Yes No
including source of materials, method
of compaction, type of sealing
proposed, types and number of
equipment to be used.
4) Any phasing of operations and x Yes No
relationship among phases.
5) A Rehabilitation Plan shall be Yes No
submitted. `x_N/A
A complete description of the
proposed operation has been
submitted. There is no
landfilling on the proposed site.
No phasing is proposed
Landfilling is not .proposed
for the site.
Yes No
Yes No
Yes No
N/A
27
PLANNING
BOARD
RECOMMENDED
FINDINGS
8.8.2.2 Standards of Evaluation
The following standards shall be
used in evaluating an application
for a permit to conduct a sanitary fill:
a) All operations associated with the
fill shall conform to the following
performance standards:
1) Direct illumination resulting from the ~ x~Yes No
operation shall not fall upon any land
not covered by the application.
2) Equivalent sound levels at the _ x_Yes No
boundaries of the fill site shall not
exceed the following standards:
between 7:OOam and 7:OOpm BS dBA
between T:OOpm and 7:OOam 58 dBA
3) Vibration levels at the boundaries of Yes No
the fill site shall not exceed the x N/A
following standards:
steady state 1.0 inches/second
impact 2.0 inches/second
b) The Rehabilitation Plan shall be Yes No
referred to the Orange County Soil ~x_„_N/A
and Water Conservation District
fior review and recommendation,
in particular regarding the landscape
material specified, the planting and
maintenance proposed to ensure
continuous grovuth and development,
and the acceptability of the proposals
for the handling of lakes, ponds, etc.
BOARp OF
EVIDENCE SUBMITTED COMMISSIONERS
TO SUPPORT FINDINGS FINDINGS
The site plan indicated there Yes No
will not be direct illumination
ofif-site.
The site plan indicates sound Yes No
levels will be complied with.
Vibration levels are not applicable Yes No
since landfilling is not proposed. N/A
A Rehabilitation Plan is not
proposed.
c) The permanent roads, defined as _x_Yes No The site plan indicates the
those to b'e used in excess of one access roads are 6" ABC
year, within the fill site shall be stone. A fill site is not
surfaced with a dust free material, proposed.
such as soil cement, bituminous
concrete or Portland Cement concrete.
d) Roads other than permanent roads ~x~Yes No The site plan indicates
shall be treated with dust inhibitors; the access roads are
to be specified in the Operations 6" ABC stone.
Plan, which will reduce to a minimum
the generation of dust from the road
surfaces as a result of wind or
vehicular action. Propertly operated
water wagons are an acceptable means
dust inhibition.
Yes No
N/A
Yes No
Yes No
2s
PLANNING
BOARD
RECOMMENDED EVIDENCE SUBMITTED
FINDINGS TO SUPPORT FINDINGS
e) Where the proposed fill shall take Yes No A fill is not proposed.
place within 300 feet of a dwelling, ,~x`N/A
school, church, hospital, commercial
or industrial building, public building,
or public land, a security fence at
least six feet high shall be installed.
f) The Operations Plan and the x Yes No
Rehabilitation Plan shall be coordinated
so that the amount of disturbed land
is kept to the absolute minimum
consonant with good practices and
so that rehabilitation proceeds in
concert with filling.
PLANNING
BOARD
RECOMMENDED EVIDENCE SUBMITTED
FINDINGS TO SUPPORT FINDINGS
The site plan indicates the
amount of disturbed area. The
proposal does not disturb any
additional area.
ARTICLE 8.2.7 & 8.2.2 -APPLICATION COMPONENTS "Will" indicates com liance• "Will Not" indicates
Non-compliance-
("Is") ("Is Not")
Ordinance Requirements
In accordance with Article 8.2.1
and 8.2.2 of the Zoning Ordinance,
the Board of Adjustment shall also
consider the following general
conditions before the application
for Special Use shall be approved:
Article 8.2.1 & 8.2.2
1. The use will maintain or promote
the public health, safety and
general welfare, if located
where proposed and developed and
operated according to the plan
as submitted.
Article 8.2.1
2. The use will maintain or enhance
the value of contiguous property
(unless the use is a public
necessity, in which case the use
need not maintain or enhance the
value of contiguous property).
X WiII,~Will Not The application indicates
this proposal will provide
a much needed on-site service.
It will help ensure the proper
operation of the landfill by
allowing recycling staff to work
in an area protected from the
weather. It will also help the
County meet the waste reduction
Goals of 45 percent by 2001 and
61 percent by 2006.
BOARD OF
COMMISSIONERS
FINDINGS
Yes No
N/A
Yes No
BOARD OF
COMMISSIONERS
FINDINGS
_WiII~WiII Not
X WiII~WiII Not The application indicates Will Will Not
the proposed facility will
improve the operating efficiency
of the existing recycling facility
and is therefore a public necessity.
29
Article 8.2.1
3.. The location and character of
the use, if developed according
to the plan submitted, will
be in harmony with the area in
which it is to' be located and
the use is in compliance with the
general plan for the physical
development of the County as
embodied in these regulations or
in the Comprehensive Plan, or
portion thereof, adopted by the
Board of County Gommissioners.
PLANNING
BOARD
REGOMMENDEb
FINDINGS
X Is _Is Not
EVIDENGE SUBMITTED
TO SUPPORT FINDINGS
The application indicates
the property is contiguous to
the existing landfill and is
in harmony with that use.. The
previous Modification to the'
Special Use Permit approved
smaller buildings.
BOARD OF
GOMMISSIONERS
FINDINGS
~Is _Is Not
AUGUST 28, 2000 DRAFT PUBLIC HEARING MINUTES
4
1 only people interested in co-location are government agencies, school systems, emergency
2 services, fire departments, etc. He said that some of the tower companies were very prejudiced
3 about who would co-locate on their towers.
4 Commissioner Brown asked for a list of all the towers and a map. She asked about
5 how these towers were being located. She asked if the trend was for the towers to go along the
6 interstates and major highways and Craig Benedict said yes. Commissioner Brown is interested in
7 having the County Commissioners review the requests for telecommunications towers.
9 (The three members of the Planning Board who spoke next did not.speak into a
to .microphone, so I relied completely on the notes)
11
12 -Karen Barrows said that she would like for the County Commissioners to take over the
13 telecommunications tower process. She said that the County should have an independent
14 engineer who is familiar with this to advise the County Commissioners.
15 Howard McAdams said that the Board of Adjustment has had six applications with two
16 denied. For one application, 500 notification letters were sent out and no one spoke against the .
17 tower.
18 Bob Strayhorn said that a lot of pain needs to be taken to be sure that the towers are
t9 located appropriately. He feels it should be a high priority to put the towers in conservation
20 districts.
21 Commissioner Jacobs asked about the contract with Metrosite or any contract with a
z2 comparable company.. Craig Benedict said that Metrosite was sanctioned with the North Carolina
23 Association of Counties and there is a standardized contract that can be used around the country.
24 He will bring forward a contract for the County Commissioners' consideration.
?5
z5 PUBLIC COMMENT
27 Sharlene Pilkey, member of the Board of Adjustment, said that there were forty-one towers in this
28 County. The problem is that the range is two miles and this is not far enough.
z9 Grey 5tyers spoke on behalf of Bell South Mobility DCS and American Tower Corporation.
3o He said that he has spoken with all of the towers companies operating in North Carolina and most
31 carriers, and they are very interested in the proposal tonight. He said that they (I'm assuming
32 'they' is his law firm) worked with the County in 1995 and 1996 in drafting the current ordinance.
33 They would like to be involved in the process to explain and provide illustrations. He said that
34 wireless communication was becoming a fact of life. He agrees that it is bad when two towers are
35 located next to each other. He said that. ordinances are needed that encourage and require co-
36 location and minimize the number of towers. He does have answers to some of the questions
37 raised about accessory uses, stealth, etc.
38
39 MOTION
4o A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
41 discuss the telecommunication towers and antenna amendments at a work session.
42 VOTE: UNANIMOUS
43
44 3. ORANGE COUNTY REGIONAL LANDFILL (MODIFICATI,ON~ SPECIAL USE
45 PERMITS CLASS "A"
46 Commissioner Halkiotis explained that the process for receiving public comment on a
47 Special Use Permit is different in that it is an evidentiary hearing where evidence is heard. An
48 explanation of this type of hearing was available at the back table. Evidentiary zoning hearings,
49 unlike legislative hearings, are not designed to solicit broad public opinion about how the Board
so should vote on a matter before it. Rather, evidentiary zoning hearings provide an opportunity for
51 the Board to gather the facts it needs to apply policies already set in the ordinance. Therefore, the
52 standards and gathering evidence are much stricter than they are for legislative hearings.
53 The Clerk gave an oath to Planner Eddie Kirk and Landfill Engineer Mike Meagher.
54 Planner Eddie Kirk explained the proposed modification. The particular property is
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~4
located immediately west of the existing landfill an the north side of Eubanks Road, on a 12.76-
acre tract of land. The existing special use permit was approved an May 5, 1997. This included. a
construction of a 4,000-square foot vehicle maintenance building, with the processing of yard
waste and stone debris on an ongoing basis. A modification to the special use permit was
approved on November 17, 1998 by the Board of County Commissioners to add an area to be
used for recycling glass and metal cans. The expansion included a 7,500-square foot concrete
slab, two open sheds, and 44,000 square feet of additional vehicular surface area. The proposed
modification calls for the addition of two buildings that total•6,120 square feet on the existing 7,500-
square foot recycling pad that was previously constructed. Also, the modification calls for the
construction of an additional 1,125 square feet of concrete pad contiguous to the existing pad and
storage of an additional six roll off containers on the site.
Landfill Engineer Mike Meagher explained the reasons for the. modifications. He said
that the new structures would protect the workers from the sun, rain, etc. The concrete pads would
give the trucks better traction instead of tearing up the gravel.
Commissioner Gordon asked about the cost of this project. The staff will provide this
information to the Board at a later time since this is only a public hearing.
Commissioner Jacobs made reference to the recommendations from the Construction
and Demolition Waste Recycling Task Force that involve the possibility of more structures: He
asked why these structures would be built that might not have enough room to include what would
be added in the future. Mike Meagher said that there would probably not be room on this tract for
C8~D waste.
Commissioner Halkiotis suggested scheduling a visit to the site. He also invited the
members of the Planning Board to visit .the site.
County Attorney Geoffrey Gledhill made same comments about moving ahead with this
process. (I couldn't hear him far some reason). Commissioner Halkiotis is not comfortable
moving ahead with this process without scheduling a visit to the landfill.
A motion was made by Commissioner Gordan, seconded by Commissioner Jacobs to
refer this modification to the Planning Board for a recommendation to be returned to the Board of
County'Cammissioners no sooner than November 1, 2000.
VOTE: 'UNANIMOUS
~. ORANGE COUNTY COMPREHENSIVE MAP AMENDMENT (Rural Industrial Nade)
Craig Benedict said that the rural industrial node was brought forward earlier this year.
He suggested that in the Comprehensive Plan process that staff look at the rural industrial nodes
and rural neighborhood nodes and indicate what uses are appropriate within the rural sections of
the County. Rural industrial nodes could have a hard or a soft use. The hard rural industrial node
would have more manufacturing and the soft rural industrial node would have less environmental
effect. The issue that came up an June 29'" had to do with the quarry and the rural industrial node.
He said that there were ways to control uses through zoning by having a Planned Development-1
District where there can be specific uses.
Commissioner Gordon asked if staff could define the two industrial nodes as "hard
uses" and "soft uses". In response to inquiries from Commissioner Gordon, Craig Benedict said
that it would be important to not do very specific land use changes, but Countywide ar within the
watersheds.
A motion was made by Commissioner Brown, seconded by Commissioner Gordon to
refer the Orange County Comprehensive Map Amendment to the Planning Staff for incorporation
into the Comprehensive Planning Amendment Process.
VOTE: UNANIMOUS
5. SHAPING ORANGE COUNTY'S 1=UTURE REPORT -
Environment and Resource Conservation Director David Stencil gave this report. He
presented a PowerPoint presentation. The Shaping Orange County's Future task force included
30 citizens who met for three and a half years and developed some recommendations in April
2000. The task force was asked to develop quality growth strategy for the entire County, develop a
OCTOBER 4, 2000 DRAFT PLANNING BOARD MINUTES 32
1 Craia Respess is concerned with the water quality. Tlie water in this area is bad. He is also concerned with
2 the septic systems. He is worried about the value of his property because of the high density of this
3 development. He urged the Planning Board to reconsider this subdivision.
4
5 Gooding-Ray encouraged Mr. Respess to go to the County Commissioners because they have more control
6 over these issues.
7
8 Marissa Rivera is concerned with the size of the lots. All of the other lots adjacent to this property are at
9 least three acres. She said that this subdivision would change the entire neighborhood. She is concerned
10 about tlae traffic and the water and sewer. Another concern is that this subdivision has no restrictive
11 covenants at this time. She is concerned that mobile homes may be allowed since there are no restrictions.
12 She would like for there to be some restrictions for this subdivision that mirror the restrictions that currently
13 exist in this area.
]4
1 S Richard Sink said that he owned 40 acres of land within 500 feet north of the subdivision. His main concerns
16 are the wells and septic tanks. He said that this subdivision would ruin the character of the neighborhood.
17
18 This was the end of the public comment.
19
20 Woods said that a few years ago the County Planning staff proposed that the whole County be zoned with a
21 minimum of one dwelling unit per two acres. At that time, an enormous amount of people from the north
22 poured in and objected because they wanted one dwelling unit per one acre. He said that this notion was
23 dropped by the County Commissioners because there was no support. He said that the residents should ask
24 the County Commissioners for the zoning in their area to be changed.
25
26 Preston said that there was too much concern about the quality of water to let this go forward without getting
27 more hydrological information. She asked that it be delayed for one month.
28
29 MOTION: Preston moved to postpone the consideration of the Concept Plan for
30 Whisper Ridge to the next meeting and ask the staff to investigate the issues
31 of water runoff and water quality. Seconded by Gooding-Ray.
32
33 VOTE: Unanimous
34
35 AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (AUGUST 28, 2000)
36 a. Orange Regional Landfill, Class A Special Use Permit Modification
37
38 The Planning Board voted on each of the findings.
39
40 MOTION: Barrows moved to approve articles 8.6, 8.8, S, 6, 8.2.4, 8.2.2, and $.2.2.2.
41 Seconded by Woods.
42
43 VOTE: Unanimous
44
45 MOTION: McAdams moved to approve articles 8.2.1 and 8.2.2. Seconded by Woods.
46
47 VOTE: Unanimous
48
49 MOTION: McAdams moved to approve article 8.2.1. Seconded by Goodwin.
50
S 1 VOTE: ~ Unanimous
52
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~?
33
MOTION: Barrows moved to accept the special use permit modifications class A for
the Orange Regional Landfill subject to the conditions specified by the staff
on page 90. Seconded by McAdams.
voTE:
Unanimous
AGENDA ITEM #10: INFORMATIONAL ITEMS
a. Planning Calendar -October
b. Next Planning Board Meeting -November 2, 2000 (November l5` is
.the Planning Board meeting date; however, County Commissioners
have been rescheduled to November 151 due to elections)
The Planning Board discussed Michael Wasnak's comments about the meetings. 1 was mentioned (for the
second time) that meetings with large agendas might be held in the Battle Courtroom.
AGENDA ITEM #11: ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
Leo Allison, Chair
Becky Butler, Minutes Preparer