HomeMy WebLinkAboutORC minutes 071013Approved 9/4/13
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SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 10, 2013 3
ORDINANCE REVIEW COMMITTEE 4
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NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Stephanie O’Rourke, Eno Township 8
Representative; Tony Blake, Bingham Township Representative; Herman Staats, At-Large, Cedar Grove Township; James 9
Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large, Chapel Hill Township 10 11
12 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Special 13
Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II 14
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16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17 18 19 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –GOVERNMENTAL USES 20
To review and comment upon proposed revisions to the UDO to require that the site plan review 21
process for governmental uses include a neighborhood information meeting. 22 Presenter: Michael Harvey, Current Planning Supervisor 23 24
Mr. Harvey reviewed abstract. 25
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Tony Blake: Is this a conflict of interest for me? I have no financial interest but it is directly related to the substation we are 27
trying to build. 28
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Michael Harvey: I don’t think you have a conflict. 30
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Tony Blake: How does this affect the plan in progress? 32
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Michael Harvey: If your site plan has already been submitted then you won’t have to follow this process. If it is adopted and 34
your site plan has not been submitted then you will need to follow this process. With due respect to White Cross Volunteer 35
Fire Department, Commissioner Jacobs has indicated his preference for a meeting to be held no matter what to address some 36
of the concerns of the local residents. 37
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Craig Benedict: I would work with the attorneys to put a provision in on the effective date, what this applies to, like a clause 39
that says that anything from a certain date that it applies to. 40
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Tony Blake: This is one of the volunteer organizations and we don’t have the time or wherewithal to host a public meeting so 42
would the county be hosting this meeting for us in a volunteer situation? 43
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Michael Harvey: The ordinance says we will assist with scheduling the meeting but we are not assuming the liability or cost 45
for advertisements or informing the citizens. There is nothing in the code that says you can’t use county facilities. 46
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Tony Blake: Typically the public hearings are run by the county. 48
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Michael Harvey: This isn’t a public hearing just a neighborhood information meeting to inform the local residents as to what is 50
being proposed. 51
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Tony Blake: Is the outcome of this meeting a decision as to whether to proceed or not? 53
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Michael Harvey: This is to initiate and have a dialogue with adjoining property owners to address or mitigate those concerns if 55
feasible. 56
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Tony Blake: I am trying to understand the purpose of this if it is not binding in any way. I am thinking of the people that are 58
currently against this. I don’t see any way we will change any minds. 59
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Michael Harvey: There is a broader issue here that doesn’t necessarily involve the White Cross Volunteer Fire Department. 61
There is a feeling among the Board that any time there is government project, there needs to be notification to the public. 62
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Pete Hallenbeck: Imagine you had a meeting for everyone at the volunteer fire department and have slips with questions, i.e. 64
are they adjacent property owners, give them check boxes and a place for comments. You could have a presentation and let 65
people speak and in writing. Then you could say this is what we did at the meeting with committee which you could document 66
with an executive summary. 67
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Tony Blake: Where does this document go? 69
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Michael Harvey: To the county planning staff as part of your site plan submittal. 71
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Craig Benedict: During the subdivision process, we take those comments into consideration and the neighborhood 73
information notes become part of our packages. 74
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Stephanie O’Rourke: How do you handle it if they all object? 76
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Craig Benedict: Michael, you go through the uses permitted by right by uses …. 78
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Michael Harvey: That is the first item on the regular agenda I don’t want to jump into that presentation. Government uses are 80
permitted by right meaning that they are subject to staff review and approval with a site plan submitted according to this code. 81
There are typically no public hearings required, the BOCC will not be approving it or the planning board. In this specific 82
instance, the White Cross Volunteer Department Substation will still be approved and acted upon by the county planning staff. 83
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Paul Guthrie: This language which has been developed because of the White Cross application and I would assume the 85
property owners within 500 feet of the property on Neville Road is a handful of them easily for and that is simple. If this goes 86
into the general development, what will you do when you have this issue come up and three condo units with 200 separate 87
owners and you have to go through this process? I am concerned that this has implications down the road. Have we thought 88
through in the development of this language the implications that other situations and concerns? 89
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Michael Harvey: This language is consistent with existing language on how we handle neighborhood information meetings for 91
several projects. If you have a government use that is adjacent property where there are 200 lots, then you will have to notify 92
all 200 of them. If it was a major subdivision, the staff would still have to notify those property owners. You will typically find 93
that both state and federal governments are exempt from zoning regulations. 94
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Tony Blake: I think this is reactive in a political year by the County Commissioners and it has bad implications down the road. 96
This is time consuming and resource consuming and what the tax payers give us is to be used for fighting fire. If the county 97
wants it that it is the county’s role to hold it and I would also suggest strongly that this also be able to be satisfied in the form of 98
writing rather than a public meeting because we have a very small fire station. I think it puts an unnecessary burden on a 99
volunteer organization. 100
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Pete Hallenbeck: I suggest you take those suggestions and put them in writing so when the BOCC look at passing this UDO 102
amendment, you could speak as a citizen. There is the opportunity here; no matter what you do there will be people against it. 103
But it would be a good opportunity to give information. 104
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Tony Blake: The end result is that it would be neighbor versus neighbor. 106
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Pete Hallenbeck: I understand you think this is political but if you do that and it goes to a public hearing, you have shown that 108
you have taken the time to listen to the public. Ultimately the decision is made by the BOCC but it is a good way to be 109
proactive. 110
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Perdita Holtz: Just for clarification, the decision is not made by the BOCC because it is a staff approval. 112
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Stephanie O’Rourke: Can you give me another scenario of what you would have to deal with? 114
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Michael Harvey: Orange County Department of Environment Parks Natural Agricultural does park planning. If they wish to 116
propose a park, they would be subject to these rules and regulations. 117
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Paul Guthrie: The County wants to designate a bicycle trail or a hiking trail covering a great deal of distance and many 119
owners. Under this language, would they have to reach out to every owner within 500 feet of that trail in order to satisfy this 120
ordinance? 121
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Michael Harvey: With respect to government uses, the land use category this would impact, you have government facilities 123
and office buildings so yes I could see a trail falling into that category but also I would say that development of such a trail 124
would be discussed in a public forum where the county would advertise …. 125
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Paul Guthrie: But not necessarily see a certified letter? 127
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Michael Harvey: Not necessarily but we have written in this code that if there is planning effort soliciting public comment or 129
involvement with the development of a plan, that satisfies this meeting requirement. If you any other questions or concerns, 130
please email me. 131
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134 AGENDA ITEM 3: ADJOURNMENT 135
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Meeting was adjourned by consensus 137
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Pete Hallenbeck, Chair