HomeMy WebLinkAboutOCPB minutes 050218Approved 6/6/2018
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 2, 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; Laura Nicholson, Eno Township 8
Representative; Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township 9
Representative; Hunter Spitzer, At-Large; Adam Beeman, Cedar Grove Township Representative; Carrie Fletcher, 10
Bingham Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Patricia 11
Roberts, Cheeks Township Representative; 12 13 MEMBERS ABSENT: Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 14
Representative; 15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 17
Planner II; Ashley Moncado, Planner II; 18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20
Chair Lydia Wegman called the meeting to order at 7 p.m. 21
22 AGENDA ITEM 2: INFORMATIONAL ITEMS 23
a. Planning Calendar for May June 24
b. BOCC public hearing on May 15 regarding the flagpole/flag amendments (Planning Board 25
member are encouraged to attend BOCC public hearings when items the Planning Board 26
has reviewed are on the agenda). Location for this meeting is the Southern Human 27
Services Center at 2501 Homestead Road in Chapel Hill. 28
c. The items on tonight’s Planning Board agenda are expected to be on the BOCC public 29
hearing agenda on June 5. Location of this meeting is the Whitted Meeting Facility at 300 30
W. Tryon Street in Hillsborough. 31
32
AGENDA ITEM 3: APPROVAL OF MINUTES 33 April 4, 2018, Training Session Notes 34
April 4, 2018, ORC Notes 35
April 4, 2018, Regular Meeting Minutes 36
37 MOTION made by Randy Marshall to approve the April 4 notes and minutes. Seconded by Laura Nicholson. 38 VOTE: Unanimous 39 40 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 41
There were no changes. 42
43 AGENDA ITEM 5: PUBLIC CHARGE 44
Chair Lydia Wegman noted there was no public present, so she did not read the public charge. 45
46 INTRODUCTION TO THE PUBLIC CHARGE 47
The Board of County Commissioners, under the authority of North Carolina General Statute, 48
appoints the Orange County Planning Board (OCPB) to uphold the written land development laws 49
of the County. The general purpose of OCPB is to guide and accomplish coordinated and 50
harmonious development. OCPB shall do so in a manner, which considers the present and future 51
needs of its citizens and businesses through efficient and responsive process that contributes to 52
and promotes the health, safety, and welfare of the overall County. The OCPB will make every 53
effort to uphold a vision of responsive governance and quality public services during our 54
deliberations, decisions, and recommendations. 55
Approved 6/6/2018
56 PUBLIC CHARGE 57
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 58
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 59
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 60
public charge, the Chair will ask the offending member to leave the meeting until that individual 61
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until 62
such time that a genuine commitment to this public charge is observed. 63
64
AGENDA ITEM 6: CHAIR COMMENTS 65
There were no comments. 66
67 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – HP-CZ (HOME PARK – 68 CONDITIONAL ZONING) DISTRICT - To make a recommendation to the BOCC on government-69
initiated amendments to the text of the UDO that will clean up items that were inadvertently omitted 70
from amendments that were adopted in 2017. This item is scheduled for public hearing on June 5, 71
2018. 72
73 PRESENTER: Patrick Mallett, Planner II 74
75
Patrick Mallett presented the staff abstract on this amendment package reminding the Planning Board the County 76
recently changed the name of the Mobile Home Park Conditional Zoning District (MPD-CZ) to Home Park Conditional 77
Zoning District (HP-CZD). Unfortunately there are still references to the Mobile Home Park Conditional Zoning 78
District within the UDO, which have to be corrected. The county attorney has reviewed the amendments. The term 79
“mobile home park” is used by other departments like the Health Department. The attorneys concluded that the 80
Planning Department can change the terminology without causing problems for the other departments. 81
82
Patrick Mallett reviewed that Item 8 covers the allowable potential uses in the HP-CZ District. He reviewed that this 83
does not affect the status of tiny homes, which are not yet defined by the state or by building code as a separate 84
category. 85
86 MOTION made by Randy Marshall to approve the statement of consistency. Seconded by David Blankfard. 87
VOTE: Unanimous 88
89
MOTION made by Randy Marshall to approve the UDO text amendment contained in Attachment 3. Seconded by 90
Laura Nicholson 91 VOTE: Unanimous 92
93 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – ADD USES TO HP-CZ 94 DISTRICT - To make a recommendation to the BOCC on government-initiated amendments to the 95
text of the UDO that will add allowable potential uses in the HP-CZ District. This item is scheduled 96
for public hearing on June 5, 2018. 97
98 PRESENTER: Patrick Mallett, Planner II 99
100
Patrick Mallet presented the staff abstract on this amendment package reminding the Board the intent of the 101
amendment package is to include additional government and public land uses within the district in an effort to expand 102
development opportunities on County owned property for affordable housing. 103
104
MOTION made by Laura Nicholson to approve the statement of consistency. Seconded by David Blankfard. 105 VOTE: Unanimous 106 107 MOTION made by Hunter Spitzer to approve the UDO text amendment contained in Attachment 3. Seconded by 108
Laura Nicholson 109
VOTE: Unanimous 110
Approved 6/6/2018
111 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REVIEW 112 PROCESS - To make a recommendation to the BOCC on government-initiated amendments to the 113
text of the UDO that will modify subdivision review processes, in accordance with Session Law 114
2017-10. This item is scheduled for public hearing on June 5, 2018. 115
116 PRESENTER: Michael Harvey, Current Planning Supervisor 117
118
Michael Harvey noted that this item is found in the agenda packet on Pages 48-59. He explained that state law has 119
changed, so the county has to modify its (subdivision review) processes to reflect State regulations. A new category 120
of exempt subdivisions has been created, establishing that a will settling an estate can create a subdivision, which 121
will be exempt from formal county review. Specifically, this applies when a will dictates that the land is to be 122
subdivided for the heirs. This means the Planning Department is not looking at the subdivision for open space, road 123
access, etc. Also, the session law established an expedited subdivision review for tracts of land 5 acres and larger 124
that creates no more than three lots. The Planning Department can only compel the property owner to submit a final 125
plat. The final plat has to meet all the submittal requirements as detailed within Article 7 of the UDO . There are 126
several qualifiers outlining how a property owner can go through the expedited process. Michael Harvey reviewed 127
that the State legislation dictating this removes the concept plan stage that helps a property owner develop a plan 128
that will work before spending money on a surveyor. A lot may be created legally but a home may not be built on it if 129
it does not meet the county’s regulations. He informed the board that these text amendments had received legal 130
sufficiency from the county’s attorney office. 131
132
Planning Director Craig Benedict said in other states, planning staff are asked to testify in court on subdividing 133
property when it is dictated in a will to be sure there is proper road access and space for septic. 134
135 MOTION by Kim Piracci to approve the statement of consistency. Seconded Hunter Spitzer. 136 VOTE: Unanimous 137
138 MOTION by Hunter Spitzer to recommend approval of the amendment as stated in Attachment 4. Seconded Kim 139
Piracci 140 VOTE: Unanimous 141
142
AGENDA ITEM 10: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – NIM CLARIFICATIONS - 143
To make a recommendation to the BOCC government-initiated amendments to the text of the UDO 144
that will clarify requirements for Neighborhood Information Meetings (NIM). This item is scheduled 145
for public hearing on June 5, 2018. 146 147 PRESENTER: Michael Harvey, Current Planning Supervisor 148
149
Michael Harvey reviewed that this information begins on Page 65 in the agenda packet. He noted that the intention of 150
these text amendments is to establish uniformity and to better fit the current approval process. This increases the 151
time that neighboring residents have to prepare for a Planning Board meeting after hearing about a project. He said 152
the Planning Department believes these text amendments address all of the concerns that have been expressed 153
about the shortness of time (from the holding of a neighborhood information meeting to the review of an item at the 154
Planning Board or the Board of Adjustment). He noted there are two exceptions to the proposal. There will be a 155
longer time for Class A permits for telecommunication towers 200 feet and taller, as well as for Class B permits for 156
telecommunication towers, which go before the Board of Adjustment and will now have 45 days instead of 42. 157
Neighborhood information meetings for telecommunication towers would continue to take place on a Saturday and 158
the telecommunications company would still have to launch a balloon at the height that the tower would be. 159
160
The county’s attorney’s office has determined legal sufficiency. Staff recommends approving the statement of 161
consistency and the proposed UDO text amendment, which begins on Page 73 in the agenda packet. 162
163
Chair Lydia Wegman asked about the requirement of a neighborhood meeting at least 14 days before the Planning 164
Board meeting. She asked whether that was sufficient for neighbors, thinking of the Settler’s Point development that 165
Approved 6/6/2018
recently went through this process. Michael Harvey said it is reasonable but it is hard to say whether adjacent 166
property owners find it sufficient. The Settler’s Point developers held four neighborhood meetings and neighboring 167
property owners were still asking questions at the Planning Board meeting. 168 169 MOTION made by Randy Marshall to approve the statement of consistency in Attachment 2 and UDO text 170
amendments contained in Attachment 3. Seconded by Laura Nicholson. 171 VOTE: Unanimous 172
173 AGENDA ITEM 8: ADJOURNMENT 174
MOTION made by Laura Nicholson to adjourn at 7:36 p.m. Seconded by Randy Marshall. 175 176
177
____________________________________ 178
Lydia N. Wegman, Chair 179