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Home My WebLink AboutOCPB agenda 071118 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, July 11, 2018 Training Session – 6:00 pm Note: This is a training session for Planning Board members who would like to attend. Attendance is not mandatory and a quorum is not necessary for this training session. Light refreshments will be available for Planning Board members. No. Page(s) Agenda Item 1. CALL TO ORDER 2. PLANNING BOARD TRAINING SESSION – Staff will lead training in various planning topics using on-line videos produced by the UNC School of Government and augmented as necessary by staff-produced materials. This will be a monthly training session for several months, beginning in January 2018 and ending after all of the video modules have been completed. Presenter: Perdita Holtz, Planning Systems Coordinator 3. ADJOURNMENT ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, July 11, 2018 Regular Meeting – ~ 7:15 pm (immediately following training session) No. Page(s) Agenda Item 1. CALL TO ORDER 2. 3 – 4 INFORMATIONAL ITEMS a. Planning Calendar for July and August 3. 5 – 5 6 – 9 10 – 11 APPROVAL OF MINUTES June 6, 2018 Training Session Notes June 6, 2018 ORC Notes June 6, 2018 Regular Meeting 4. CONSIDERATION OF ADDITIONS TO AGENDA 5. PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time, should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. 1 No. Page(s) Agenda Item 6. CHAIR COMMENTS 7. 12 – 13 PLANNING BOARD PUBLIC CHARGE – To consider revisions to the public charge that is included on agendas, in keeping with recent revisions made to the Board of County Commissioners’ public charge. Presenter: Perdita Holtz, Planner III 8. ADJOURNMENT IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR PERDITA HOLTZ (919-245-2578). 2 < June July 2018 August> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Holiday 8 9 10 11 12 13 14 Board of Adjustment (BOA) Meeting Whitted Building 7PM Planning Board/ORC Meeting 7:00 pm* (Training Session 6:00pm) WCOB 004 15 16 17 18 19 20 21 Canceled - OUTBoard meeting 6:30 pm WCOB 004 22 23 24 25 26 27 28 29 30 31 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) 3 < July August 2018 September> Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Notes: * Planning Board Member Attendance Required or Expected WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough) Planning Board Meeting 7:00 pm* (Training Session 6:00pm) WCOB 004 5 6 7 8 9 10 11 12 13 14 15 16 17 18 OUTBoard meeting @ 6:30 pm WCOB 004 19 20 21 22 23 24 25 26 27 28 29 30 31 4 1 SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JUNE 6, 2018 3 TRAINING SESSION 4 5 NOTE: A quorum is not required for Planning Board Training Sessions. 6 7 MEMBERS PRESENT: Kim Piracci, At-Large; Adam Beeman, Cedar Grove Township Representative; Randy Marshall (Vice-8 Chair), At Large Bingham Township; Carrie Fletcher, Bingham Township Representative; Alexander Gregory, Chapel Hill 9 Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 10 11 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township 12 Representative; Buddy Hartley, Little River Township Representative; Patricia Roberts, Cheeks Township Representative; 13 Hunter Spitzer, At-Large, Hillsborough Township; David Blankfard, Hillsborough Township Representative; 14 15 STAFF PRESENT: Perdita Holtz, Planning Systems Supervisor 16 17 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION – Staff will lead training in various planning topics using on-line 18 videos produced by the UNC School of Government and augmented as necessary by staff-produced 19 materials. This will be a monthly training session for several months; beginning in January 2018 and 20 ending after all of the video modules have been completed. 21 PRESENTER: Perdita Holtz, Planning Systems Coordinator 22 23 24 Perdita Holtz conducted a training session on various aspects of planning. 25 26 Meeting was adjourned by consensus. 27 5 SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JUNE 6, 2018 3 ORDINANCE REVIEW COMMITTEE 4 5 NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS. 6 7 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 8 Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Alexander Gregory, Chapel Hill 9 Township Representative; David Blankfard, Hillsborough Township Representative; Adam Beeman, Cedar Grove 10 Township Representative; Carrie Fletcher, Bingham Township Representative; Lydia Wegman (Chair), At-Large 11 Chapel Hill Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 12 Chapel Hill Township; Buddy Hartley, Little River Township Representative; 13 14 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Hunter Spitzer, At-Large; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 17 Administrative Assistant II 18 19 AGENDA ITEM 1: Call to Order and Roll Call 20 The meeting began immediately after the Planning Board meeting was adjourned. 21 22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – IMPERVIOUS SURFACE 23 STANDARDS - To review proposed amendments to the UDO that clarify existing regulations related to the 24 enforcement of impervious surface standards on subdivisions platted and developed before January 1,1994, and 25 modify existing standards governing the transfer of impervious surface area between parcels located within the same 26 watershed protection overlay district. 27 PRESENTER: Michael Harvey, Current Planning Supervisor 28 29 Michael Harvey reviewed that while county-wide impervious surface standards were established in 1994, such 30 standards had existed for University Lake since the 1970s. He noted that county regulations are, in many cases, 31 more stringent than state standards. The county has spent $80,000 and a 12-week intensive period with 20-hour 32 weekends conducting inspections of streams in the county to prepare to go before the state to argue that the state 33 should not prevent counties from regulating stream buffers to higher standards than the state’s. Orange County was 34 one of four counties that did so. 35 36 Michael Harvey said Orange County requires subdivision property owners to count the roads as part of the property’s 37 impervious surface. For example, for a 100-acre tract of land allowed to have 500,000 square feet of impervious 38 surface, if there is 200,000 square feet of road, then there is 300,000 square feet left that can be impervious surface. 39 That is done to avoid one lot in that subdivided tract of land being overburdened with impervious surface area that is 40 meant to serve the communities. Before 1994, that wasn’t the case. The policy was enacted in 1999 with some 41 suggestions of following the policy between 1994 and 1999. 42 43 Michael Harvey continued to explain that there are subdivision projects that in some cases have corner lots where 44 the total impervious surface counts on that property. Over time, if the roadway is expanded, the total impervious 45 surface allowed on the lot shrinks. Also, the overlay districts for the watersheds can change. While there are 46 provisions in the UDO to address that change, there are still older subdivisions from the 1970s through the 1990s 47 where impervious surface was not really thought about. 48 49 6 For example, David Turner on Grady Brown School Road wants to build a shed but because of these rules, he can’t 50 because he has road on three sides of his property. That example falls under Part 1 of these proposed text 51 amendments. 52 Part 2 of the text amendments is that the county has a procedure that allows the transfer of impervious for lots 53 adjacent to each other. While researching Mr. Turner’s inquiry, the Planning Department decided this transfer 54 procedure should not just be for adjacent properties but rather within the watershed boundary. 55 56 Michael Harvey noted there are two proposals before the committee. Attachment 2 contains the first proposal, which 57 is to amend subsection F, Page 4-3 of the UDO, (Page 10 in the agenda packet). This says roadways do not count 58 as part of the impervious surface of a lot for subdivisions prior to 1994. He reviewed that impervious surfaces include 59 roof structures, concrete, asphalt, gravel, storage sheds, carports, the building including the two-and-a-half-foot 60 eaves and gutter, and walkways. The state does not count pools but does count the concrete around pools. 61 62 Lydia Wegman asked whether any analysis had been conducted regarding the effect this amendment would have on 63 stormwater runoff if every subdivision built prior to 1994 decided to increase impervious surface. Michael Harvey 64 answered if land is disturbed, a property owner may have to meet stormwater standards and install a stormwater 65 feature. It has to be handled on a case-by-case basis. 66 67 Planning Director Craig Benedict said he thinks there will not be a flood of requests. 68 69 Randy Marshall asked what taking road surfaces out of the calculation does to an entire area like Cane Creek. 70 71 Michael Harvey answered that the Planning staff believes it will be a negligible increase. The county chose to be 72 more restrictive than the state. For example, at University Lake the state said choose a density limit of one dwelling 73 per 2 acres and have a 12 percent impervious limit or choose no density limit and a 6 percent impervious surface 74 limit. The county chose the most restrictive in most instances throughout the planning jurisdiction. University Lake 75 was going to be at a density of one dwelling unit per 5 acres and chose 6 percent impervious. The county chose to 76 be more restrictive than the state. Cane Creek critical watershed is limited to 6 percent impervious surface. Cane 77 Creek protected used to be 12 percent. In the mid-1990s, it was changed from 12 to 6 percent. Little River, with a 78 density of one dwelling unit per 2 aces, has a limit of 6 percent impervious surface instead of the state’s allowed 12 79 percent. 80 81 Michael Harvey said these changes do not sabotage those efforts. 82 83 A Planning Board member asked does the state care that Orange County is more restrictive. Michael Harvey 84 answered that he does not think so, especially with the Falls Lake rules coming into effect. Michael Harvey said data 85 shows nutrient levels from Orange County are significantly lower than other areas in the Triangle. 86 87 David Blankfard suggested reducing the count of the roadway by 50 percent instead of not counting the roadway in a 88 subdivision at all. 89 90 Patricia Roberts asked if there is time to figure out how much impervious surface we’re talking about. Michael Harvey 91 answered no. 92 93 7 Patricia Roberts asked if changing all the areas with a 6 percent limitation to 12 percent was an option. 94 95 Adam Beeman asked if these areas are mostly built out and so the implication is likely to be an occasional shed 96 added to the impervious surface. Michael Harvey answered the subdivisions are about 90 percent built out. 97 98 Alex Gregory said he thinks it is a good idea to not count the road for those subdivisions built before 1994. 99 100 Michael Harvey summarized that he is hearing from the Planning Board that they are interested in assisting people 101 who live in subdivisions built before 1994 but want more options. And he is hearing that not everyone wants to zero 102 out the road (remove the road from the impervious surface calculations). 103 104 Michael Harvey turned the committee’s attention to the transfer of impervious surface within a watershed rather than 105 between adjacent parcels. 106 107 Paul Guthrie asked whether the county keeps track of these agreements. Michael Harvey answered that 108 conservation easements are recorded with the Register of Deeds and the Planning Department can keep track. 109 110 Kim Piracci said she has lived in places with much stricter water protection and she does not have a problem with 111 being strict about this. After all, it is water. 112 113 Patricia Roberts said she disagrees because 6 percent is so small. Putting up a small shed is not going to change the 114 watershed. 115 116 Michael Harvey noted there are elected officials who share both viewpoints. 117 118 Kim Piracci said she does not have a problem with zeroing out the roadway. 119 120 David Blankfard said he has a problem with that proposal. 121 122 Alex Gregory said he likes the option of transferring impervious surface within the watershed. 123 124 This discussion wrapped up at 7:57 p.m. 125 126 Michael Harvey shared some updates: 127 The Orange County Attorney’s office had supplied tweaks to the flag ordinance, stipulating that a flagpole can be 20 128 feet from the property line and that the flag itself has a year to come into compliance but the flagpole is grandfathered 129 in. 130 131 Public hearings were held the previous night on four UDO text amendments that the Planning Board had reviewed 132 regarding mobile home parks and neighborhood information meetings. 133 134 Craig Benedict said the planning and community housing departments have been working together to create an 135 affordable housing vision. He would like to create a workgroup of Planning Board members to work on this. There 136 was then a brief discussion about affordable housing and the closing of mobile home parks in the Chapel Hill area 137 8 due to the rise in the land values. Randy Marshall advocated for purchasing the land of some of the existing mobile 138 home parks. Craig Benedict said the land is too expensive, as in millions of dollars. 139 140 Paul Guthrie and Patricia Roberts volunteered to serve on the workgroup. 141 142 Michael Harvey informed the committee that soon they would be seeing a new table of uses, tweaks to the sign 143 ordinance and possibly a reduction in the number of general use zoning districts. 144 145 The meeting was adjourned by consensus at 8:13 p.m. 146 147 148 Lydia N. Wegman, Chair 149 9 MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 JUNE 6, 2018 3 REGULAR MEETING 4 5 6 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 7 Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Alexander Gregory, Chapel Hill 8 Township Representative; David Blankfard, Hillsborough Township Representative; Adam Beeman, Cedar Grove 9 Township Representative; Carrie Fletcher, Bingham Township Representative; Lydia Wegman (Chair), At-Large 10 Chapel Hill Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large 11 Chapel Hill Township; Buddy Hartley, Little River Township Representative; 12 13 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Hunter Spitzer, At-Large; 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 16 Administrative Assistant II; 17 18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19 20 Chair Lydia Wegman called the meeting to order at 7:05 p.m. 21 22 AGENDA ITEM 2: INFORMATIONAL ITEMS 23 a. Planning Calendar for June and July 24 25 AGENDA ITEM 3: APPROVAL OF MINUTES 26 May 2, 2018, Training Session Notes 27 May 2, 2018, ORC Notes 28 May 2, 2018, Regular Meeting Minutes 29 30 MOTION made by Randy Marshall to approve the May 2 Training Session Notes. Seconded by Adam Beeman. 31 VOTE: Unanimous 32 33 MOTION made by Alexander Gregory to approve the May 2 ORC Notes. Seconded by Adam Beeman. 34 VOTE: Unanimous 35 36 MOTION made by Adam Beeman to approve the May 2 Regular Meeting Minutes. Seconded by David Blankfard. 37 VOTE: Unanimous 38 39 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 40 There were no changes. 41 42 AGENDA ITEM 5: PUBLIC CHARGE 43 Chair Lydia Wegman noted there was no public present, so she did not read the public charge. 44 45 INTRODUCTION TO THE PUBLIC CHARGE 46 The Board of County Commissioners, under the authority of North Carolina General Statute, 47 appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 48 of the County. The general purpose of OCPB is to guide and accomplish coordinated and 49 harmonious development. OCPB shall do so in a manner, which considers the present and future 50 needs of its citizens and businesses through efficient and responsive process that contributes to 51 and promotes the health, safety, and welfare of the overall County. The OCPB will make every 52 effort to uphold a vision of responsive governance and quality public services during our 53 deliberations, decisions, and recommendations. 54 55 10 PUBLIC CHARGE 56 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 57 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 58 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 59 public charge, the Chair will ask the offending member to leave the meeting until that individual 60 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until 61 such time that a genuine commitment to this public charge is observed. 62 63 AGENDA ITEM 6: CHAIR COMMENTS 64 There were no comments. 65 66 67 AGENDA ITEM 7: ADJOURNMENT 68 MOTION made by Randy Marshall to adjourn at 7:08 p.m. Seconded by Adam Beeman. 69 70 71 ____________________________________ 72 Lydia N. Wegman, Chair 73 11 ORANGE COUNTY PLANNING BOARD AGENDA ITEM ABSTRACT Meeting Date: July 11, 2018 Action Agenda Item No. 7 SUBJECT: Planning Board Public Charge DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) none Perdita Holtz, Planner III, 245-2578 Craig Benedict, Director, 245-2592 PURPOSE: To consider revisions to the public charge that appears on Planning Board agendas, in keeping with recent revisions to the Board of County Commissioners’ public charge. BACKGROUND: The Board of County Commissioners recently revised its public charge and advisory boards that include a public charge on agendas have been invited to consider similar revisions. The current Planning Board public charge reads: Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the Board and with fellow residents. At any time, should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The proposed public charge is: The Introduction would remain as is. 12 Public Charge The Planning Board pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, County staff, and Board members. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The Planning Board asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. FINANCIAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION(S): The Planning Director recommends the Planning Board discuss the public charge as desired and adopt the revised the public charge. 13