HomeMy WebLinkAboutPlanning Board - 060221ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
Wednesday, June 2, 2021
Regular Meeting – 7:00 pm
Due to current public health concerns, the meeting will be virtual. Members of the Planning
Board and staff will be participating in the meeting remotely. Interested members of the
public can view and participate in the meeting by following the instructions at the end of the
agenda. (Please note that pre-registration no later than 3:00 p.m. the day of the meeting is
required to speak at the meeting).
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 5 – 6 INFORMATIONAL ITEMS
a. Planning Calendar for June and July
3.
7 – 16
17
APPROVAL OF MINUTES
May 5, 2021 Regular Meeting Minutes
May 5, 2021 Training Notes
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 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.
6. CHAIR COMMENTS
7. ADJOURNMENT
Public Comments / Participation
There are two methods for public comment:
• Written submittals by email or drop-off
• Speaking during the virtual meeting
Written Public Comments
Members of the public are encouraged to provide written public comments by emailing
comments to planningboard@orangecountync.gov no later than 3:00 p.m. on the afternoon
of the meeting. Please include in the Subject line of the email the title of the agenda item
your comment pertains to.
Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department’s offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00
p.m. Monday through Friday). If a staff member is not available, please leave your
comments in the drop-off box near the front counter. Written comments will be scanned and
sent by staff to the email address indicated above.
Verbal Public Comments
Members of the public must contact Planning Department staff via email at
ocpbpubliccomment@orangecountync.gov no later than 3:00 p.m. on the afternoon of the
meeting and indicate they wish to speak during the meeting.
When submitting the request to speak, please include the following:
• The date of the meeting
• The title of the agenda item you wish to speak on
• Your name, address, email and phone number
o The phone number must be the number you will call in from if participating by
phone
During the meeting, speakers will be called upon in the order in which requests to speak
were received. Each speaker may speak once per agenda item and has 3 minutes to
address the board. Ceding time to another speaker is not permitted.
In the event a meeting is continued to a future date due to the length of public comments,
the date for the continued meeting will be announced before the meeting adjourns. No
additional requests to speak will be taken for the continued meeting, only the speakers who
signed up to speak at the original meeting and were not called upon will be able to speak at
the continued meeting. Written comments continue to be encouraged and can be sent to
the email address indicated in the “Written Public Comments” instructions above.
Zoom Meeting Registration
Both members of the public who wish to speak at the meeting and those who wish to only
view the meeting must register to receive a link to the meeting. Persons wishing to speak
must register with the same name provided in the email that notified staff you wish to speak.
The link to sign up for the meeting is:
https://orangecountync.zoom.us/webinar/register/WN_K6c7NhOATS2IkUV5rd23rQ
If you do not have internet access, you may participate in the meeting via phone. Please
call (919) 245-2575 during regular business hours to receive information on the number to
call-in to, the meeting ID, and a password.
Review Process
The Planning Board is an appointed volunteer advisory board which makes
recommendations to the Board of County Commissioners (the elected officials). The Board
of County Commissioners holds a formal public hearing and makes decisions. Section 2.8
of the County’s Unified Development Ordinance contains a flowchart depicting the entire
review process for rezoning and text amendment applications.
June 2021
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
BOCC
Business
Meeting
7:00 pm
Virtual Meeting
Planning Board
Meeting
7:00 pm*
Virtual Meeting
BOCC Budget
Public Hearing
7:00 pm
Virtual Meeting
6 7 9 10 11 12
BOCC Budget
Work Session
7:00 pm
Virtual Meeting
13 14 16 17 18 19
Board of
Adjustment
7:00 pm
Virtual Meeting
BOCC
Business
Meeting
7:00 pm
Virtual Meeting
OUTBoard
Meeting
6:30 pm
Virtual Meeting
HOLIDAY
20 21 23 24 25 26
27 28 30
Notes:
* Planning Board Member Attendance Required
5
July 2021
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Notes:
* Planning Board Member Attendance Required
4 5 6 7 8 9 10
HOLIDAY
Planning Board
Meeting
7:00 pm*
Virtual Meeting
11 12 13 14 15 16 17
Board of
Adjustment
7:00 pm
Virtual Meeting
18 19 20 21 22 23 24
OUTBoard
Meeting
6:30 pm
Virtual Meeting
25 26 27 28 29 30 31
6
D R A F T
MEETING MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 APRIL 7, 2021 3
REGULAR MEETING 4
(Due to current public health concerns, this meeting was held virtually. 5
Members of the Planning Board, staff and public participated remotely) 6 7
MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Adam Beeman (Vice-Chair), Cedar 8
Grove Township Representative; Susan Hunter, Chapel Hill Township Representative; Lamar Proctor, Cheeks Township 9
Representative; Randy Marshall, At-Large Representative; Alexandra Allman, At-Large Representative; Melissa Poole, 10
Little River Township Representative; Carrie Fletcher, Bingham Township Representative; Whitney Watson, At-Large 11
Representative; Charity Kirk, At-Large Representative 12
13 MEMBERS ABSENT: Kim Piracci, Eno Township Representative; Vacant, At-Large Representative, 14
15
STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Molly Boyle, Planner II, 16
Tyler Sliger, Planner I, Michael Harvey, Current Planning Supervisor; Tina Love, Administrative Support 17
18
OTHERS PRESENT: Warren Mitchell, Applicant; Alaine Pribisko; Albert Lauritano; Andrea Sordean-Mintzer; Angelique 19
Lawyer; Janice Cenci; Helen Booher; Jessamyn Harris; John Tullo; Katherine Pinard; Lucy Harber; Jenny Chafe; 20
21
Perdita reviewed the technical processes and rules for the virtual meeting 22
23
24
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 25
Chair David Blankfard called the meeting to order. 26
27 28
AGENDA ITEM 2: INFORMATION ITEMS 29
a. Planning Calendar for May and June 30
31
32 AGENDA ITEM 3: APPROVAL OF MINUTES 33
April 7, 2021 Regular Meeting Minutes 34 35
MOTION BY Randy Marshall to approve the April 7, 2021 Regular Meeting Minutes. Seconded by Sue Hunter. 36 37
ROLLCALL VOTE: 38
Randy Marshall Yes 39
Adam Beeman Yes 40
Susan Hunter Yes 41
Charity Kirk Yes 42
Lamar Proctor Yes 43
Melissa Poole Yes 44
Whitney Watson Yes 45
Carrie Fletcher Yes 46
David Blankfard Yes 47
MOTION PASSED UNANIMOUSLY 48
49
Alexandra Allman arrived 50
51
52
AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA. 53
54
There were none 55
56
7
D R A F T
57 AGENDA ITEM 5: PUBLIC CHARGE 58
59
INTRODUCTION TO THE PUBLIC CHARGE 60 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints 61
the Orange County Planning Board (OCPB) to uphold the written land development law of the County. 62
The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. 63
OCPB shall do so in a manner, which considers the present and future needs of its citizens and 64
businesses through efficient and responsive process that contributes to and promotes the health, safety, 65
and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive 66
governance and quality public services during our deliberations, decisions, and recommendations. 67
68
PUBLIC CHARGE 69
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to 70
conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At 71
any time, should any member of the Board or any citizen fail to observe this public charge, the Chair will 72
ask the offending member to leave the meeting until that individual regains personal control. Should 73
decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment 74
to this public charge is observed. 75
76
77 AGENDA ITEM 6: CHAIR COMMENTS 78
79
There were none 80
81
82 AGENDA ITEM 7: MAJOR SUBDIVISION CONCEPT PLAN REVIEW – To review and take action on a Concept Plan application 83
for a Major Subdivision called Pyewacket. The proposal within Orange County is for a 2-lot subdivision 84
on 70.79 acres (PIN 9757-51-3504) located in Bingham Township, south of the junction of Jones Ferry 85
Road and Ferguson Road, straddling the Orange County – Chatham County line. An Orange County 86
major subdivision review process is necessary for this subdivision because a new public road and open 87
space are proposed to be dedicated. The portion of the subdivision within Chatham County contains 88
128.39 acres and all 93 habitable lots will be in Chatham County. 89 Presenter: Molly Boyle, Planning II 90
91
Molly Boyle Presented the Pyewacket Subdivision Project Application Concept Plan 92
93
Warren Mitchell, Applicant for the Pyewacket Subdivision presented additional information to the Planning Board 94
95
David Blankfard: When Pyewacket comes out to Jones Ferry, where’s the house that is across the way. 96
97
Warren Mitchell: I think it’s directly across the street from the entrance. Several of these lots have homes on Jones Ferry. 98
99
David Blankfard: My concern is at night the cars are going to be putting their bright lights right into their front room. Was 100
that considered? 101
102
Warren Mitchell: No, I was really considering the wetlands, streams and the power poles on the property in finding the 103
best way out to Jones Ferry. 104
105
Whitney Watson: Is there a minimum output for the wells that would impact the development of Pyewacket? 106
107
Warren Mitchell: The only minimum I’m aware of is there has to be a minimum of two wells if you have over 49 houses on 108
a community system. I know Aqua would like to see 20 gallons per minute per well if you have 20 minimum per well that 109
would be 40 on two wells. That would probably be enough for 93 houses. 110
111
Whitney Watson: Is this going to be gated in some way off Jones Ferry? 112
8
D R A F T
113
Warren Mitchell: Definitely not. 114
115
Whitney Watson: Is the road and the length of the road sufficient to handle traffic from 93 households. 116
117
Warren Mitchell: There’s not a lot of homes but DOT would probably require two entrances if they considered it too large 118
and it’s not at that level. 119
120
Whitney Watson: I know Molly said there are no plans for remaining acreages but I’m trying to imagine what might be 121
placed there and if that is going to impact roadways and traffic in a few years. 122
123
Warren Mitchell: It’s the same owner as this property and I’m not aware of any plans he has to sell it. The remaining 124
property is on a long stretch of Jones Ferry so there are plenty of places to access Jones Ferry. It’s not limited like this 125
piece is for where it can come out. 126
127
Whitney Watson: The application says the HOA will be responsible for managing the public spaces in the 11-acre parcel. 128
Is the HOA guided by some principles on how it’s managed? I would hope the principle of lowest costs is not the one that 129
guides everything else. 130
131
Warren Mitchell: There will be some maintenance of the landscaping at the entrance and the rest of the open space will 132
be left natural. The plan is to put a trail network in the open space and have the trail come up into Orange County not all 133
the way to the entrance but at least to the southern part. The gas line is cleared so that’s a good place to have the trail go 134
throughout the neighborhood and connect to the open space. 135
136
Carrie Fletcher: I live on a natural gas line and maintenance on it is probably every few, maybe 5 years. It’s just going to 137
be an overgrown strip of land? 138
139
Warren Mitchell: No, we’re intending to mow it and keep it maintained. 140
141
Carrie Fletcher: When you are no longer the developer? It goes back to the HOA? 142
143
Warren Mitchell: Yes, we’ll set that up and have it done and once the houses are done they will keep it mowed. There will 144
be a trail in the easement as well. A natural trail. 145
146
Lamar Proctor: What’s being proposed to protect the perennial stream and does this subdivision in Chatham connect with 147
Morgan Ridge? 148
149
Warren Mitchell: Yes, the preservation/open space does connect with Morgan Ridge open space. As far as protection of 150
the perennial stream, all the land in the jurisdictional stream or the stream buffer is the shaded area and the open space is 151
larger than the stream buffer. All the natural space around the stream will provide protection. 152
153
Lamar Proctor: Is traffic going to evidently connect with Morgan Ridge, I know we’re not talking about Morgan Ridge but 154
it’s right next door and the neighbors at the community meeting voiced concerns about Morgan Ridge being built right next 155
to this one and creating a traffic issue on Jones Ferry Road from all these houses. Looking at a broader map, it seems like 156
if I were a developer, I’d want access to Jones Ferry Road so I could shoot straight up to Carrboro. If I have to go the 157
other way, I’ve got to go the long way around to get to anything. 158
159
Warren Mitchell: Morgan Ridge already comes out at Jones Ferry. The part in back has been approved and it connects to 160
Phase 1 which is already built and comes out in Chatham just past this enclave on Jones Ferry Road. 161
162
Lamar Proctor: Will there be roads connecting Morgan Ridge and Pyewacket? 163
164
Warren Mitchell: No, there’s no road and Morgan Ridge has been approved in Chatham already so there’s no access 165
stubouts that connect the two. 166
167
Lamar Proctor: Is there a plan to connect them? 168
9
D R A F T
169
Warren Mitchell: No. Morgan Ridge has been approved. It’s gone through the Commissioners and there is no connection 170
between them. 171
172
Lamar Proctor: Ok, I assume that two subdivisions being build next to each other with no connection and then a year or 173
two later, they’re connected and now there’s a traffic issue so I am trying to look out for the people on Jones Ferry who 174
voiced that concern. Do you think that it will eventually be connected or this is a permanent situation, one is one and the 175
other is the other? 176
177
Warren Mitchell: Yes, it is and as well, Morgan Ridge already has a direct public road access to Jones Ferry. There are 178
no plans to connect but if it was connected it wouldn’t provide a better access to Jones Ferry. It wouldn’t be easier or 179
faster, it already has a direct connection. The only access to Morgan Ridge is from Jones Ferry Road. 180
181
Lamar Proctor: Do you need the well in Orange County? Could there be a third well in Chatham County? 182
183
Warren Mitchell: There could, yes. I am trying to plan for something that is hard to predict with the well yields. Honestly, 184
at the neighborhood meeting, I heard there was a concern to the neighbors so I have been thinking about it. It’s 185
understandably concerning if you have a low yield well, if your well is not tapped into a good aquifer, that’s concerning that 186
you don’t have enough. Especially if a community well comes in across the street and is pulling 10 or 20 times what you’re 187
pulling off yours. It doesn’t have to go in Orange County. I was trying to provide a third well location and maybe I’ll have 188
to find another one in Chatham County. 189
190
Lamar Proctor: I don’t know where water and sewer lines are in Chatham; is there any water and sewer close that 191
eventually, in the future, will hook up to this area or is that not even in the foreseeable future? 192
193
Warren Mitchell: Chatham, just like Orange, does not have any county sewer but their water lines are good. They are just 194
too far away. They are about 10 miles away, they took some larger roads where higher density was projected and it was 195
probably too expensive at the time to come out this way. It’s not likely to ever make it this far out. 196
197
Lamar Proctor: This looks like a really nice subdivision and I like the way it is constructed as a conservation thing but the 198
question that the residents asked is what’s in it for Orange County? To add to traffic, to have a well so that’s my question 199
to you Mr. Mitchell, is it just progress and just being nice? I am trying to understand what’s in it for Orange County. 200
201
Warren Mitchell: Well there’s 9 acres of open space but there are no homes being provided, I don’t know if that’s a good 202
or bad thing. 203
204
Lamar Proctor: I appreciate your candor, I think people there will hit Jones Ferry and probably come to Carrboro to spend 205
money so there’s that. 206
207
Charity Kirk: One of the community members was asking why this wasn’t connected to Morgan Ridge, one of the roads in 208
Morgan Ridge, why wasn’t that planned for? Why are you trying to have a separate road since you are also the same 209
developer. 210
211
Warren Mitchell: It’s different ownership. I was a partner for Morgan Ridge. When Morgan Ridge was approved, there 212
was a lot of focus on the upland depression swamp/forest in the middle of the property. We changed the layout to 213
preserve a unique feature in the middle of the property. There were no plans for this subdivision at that time. It was 214
natural to connect to Phase 1. This road still would have been needed at the time we did this project to get access to 215
Jones Ferry. 216
217
Charity Kirk: Where would the nearest school be? 218
219
Warren Mitchell: The nearest elementary is Perry Harrison, about 10 miles. The middle school is Margaret Pollard and 220
the high school is Northwood which is running into Pittsboro. Chatham schools are excellent. It will probably a mix of 221
family and empty nesters and first time buyers, a little bit of everybody that want to live here. 222
223
Charity Kirk: What is this going to cost Orange County, as far as road maintenance or anything of that nature? 224
10
D R A F T
225
Molly Boyle: The road is to be built to a public standard and the County doesn’t maintain roads. It will be the North 226
Carolina Department of Transportation (NCDOT) there wouldn’t be any cost of maintenance or upkeep to Orange County. 227
228
Charity Kirk: So a suggestion that you review the house across the street for how this road may affect them and plan 229
accordingly. As far as water goes, what is the aquifer status in this area? Do we know? Or do we just have rumors that 230
wells are running dry? 231
232
Warren Mitchell: I live in a house on a couple of acres with a well and I put the well in a convenient location so a lot of time 233
with a single family, where you can put a well is limited versus a larger piece of property. It depends, if you tap an aquifer. 234
On the concept plan, there is a well in Chatham County and I’m trying to get them closer to where the streams are without 235
being in the stream itself but nearby there is a stream. I’ve also considered moving them down, I’m trying to get close to 236
where an aquifer might be. My well yield at home is not great, it’s enough for the house but I think that is what happens, 237
you drill your well and you get enough for a house and then in dry periods the yield might be less, the groundwater level 238
can drop in summer. 239
240
Charity Kirk: So what water conservation measures are you including in the project since that is a concern in the area? 241
242
Warren Mitchell: I think the appliances today use a lot less. 243
244
Charity Kirk: So you don’t have don’t have any special plans for water conservation, you’re just going with current 245
standards? 246
247
Warren Mitchell: Why don’t I present this to you when I come back with the first plat, the preliminary plat. 248
249
Charity Kirk: I would be interested in water conservation measures and at one of the community meetings someone 250
suggested disallowing swimming pools, private swimming pools. Have you thought about that any more? 251
252
Warren Mitchell: I have and I think it’s a great idea and I’m going to enforce that and make it part of the HOA. 253
254
Carrie Fletcher: Why the decision to have community wells as opposed to homeowners getting their own wells? Is it 255
acreage? 256
257
Warren Mitchell: I think that it’s more efficient and I think a lot of people that do not live on wells and are not familiar with 258
them are more comfortable having a public utility or entity manage the water. I think it’s more efficient than drilling 93 wells 259
on the property and I don’t know why individual wells would be considered better. 260
261
Carrie Fletcher: What happens if these wells don’t come through? 262
263
Warren Mitchell: We will keep looking; we could drill several locations and we’re going to have a storage tank; not one up 264
in the air, it will be on the ground. We might have to add an extra storage tank. 265
266
Alexandra Allman: Can you speak to the income for the housing that you trying to attract? 267
268
Warren Mitchell: We don’t have that information at this time. 269
270
Alexandra Allman: Is that something that you can provide at the next meeting? 271
272
Warren Mitchell: I don’t believe that we are required to do that, not something the County can ask. We’re really just not at 273
that point. 274
275
Molly Boyle: To clarify, generally speaking, the County, and my supervisor and I talked about this today because that 276
question has come up, but the County is not making subdivision determinations based on the proposed value of the 277
homes going in. That’s not something that we ask for as part of the application process in terms of the subdivision. 278
279
Alexandra Allman: You were saying that these homes are around $500,000 that I read somewhere? 280
11
D R A F T
281
Warren Mitchell: I don’t know exactly, it might start at that. 282
283
David Blankfard: How many square feet is being planned for the whole subdivision, and can the septic system handle it? 284
285
Warren Mitchell: The septic systems are all to be designed by how many bedrooms are in the house. At this time, we’re 286
guessing 3 and 4 bedroom homes. 287
288
Lamar Proctor: Do these wells feed just Pyewacket or will they also feed Morgan Ridge? Does Morgan Ridge have its 289
own wells? 290
291
Warren Mitchell: Just Pyewacket, Morgan Ridge has a possible well site but we have not put in wells for Morgan Ridge 292
yet. The well in Orange County will only serve Pyewacket. 293
294
Adam Beeman: Regarding the well in Orange County, I can’t tell where the utility poles are located but if you did move 295
that well off the Orange County property, you said the lot across the street is well back off the road so you could move the 296
driveway down in front of that property instead. Traffic and headlights wouldn’t affect them as much since they are well 297
back from the road. 298
299
Warren Mitchell: I think that’s a good idea. If I get really close to this wetland, that just starts here (indicated on map), I 300
think I can make it work. I think we’re doing a good thing even if I slightly impact this wetland on the very edge. I think 301
that’s a worthwhile pursuit. 302
303
Adam Beeman: What is the plan if, say, the subdivision is sold out and everybody is moved in and our wells are running 304
dry? What is your backup to supply water to the homeowners? 305
306
Warren Mitchell: Every house in the County has wells, I just think it’s expecting we all manage. You can go deeper. 307
308
Adam Beeman: I know there was a development in Raleigh that was having issues where they were running out of water. 309
I have a well so I understand about conserving and not wasting water. I’m just curious if there is a plan long-term for if 310
there was an issue. 311
312
Warren Mitchell: I think maybe we could have a few locations in reserve on the property where another well could be 313
drilled. I don’t know that wells run dry too often; luckily this area is kind of spread out. If you tap a good aquifer, you’re in 314
good shape. I think you run dry when you’re in an aquifer that doesn’t produce enough. I guess you would know early on 315
if that were the case. It’s definitely something that I want to get answered early. 316
317
Whitney Watson: I believe you said the water supply was going to be managed by a private utility company; will they or a 318
similar entity manage the septic systems? 319
320
Warren Mitchell: The septics are all individual. There will be a couple that are combined in an area but they will still not 321
fall under a public utility. The HOA might have a consultant that looks after those systems. Most of them will be on each 322
lot, just a standard system. 323
324
Whitney Watson: Are sufficient repair fields being allowed for the development? Maybe that really falls to Chatham 325
County since the sewer fields are going to be in Chatham but it’s an operational concern down the road. 326
327
Warren Mitchell: Chatham has the same rules that Orange has to follow as far as septic. 328
329
Molly Boyle: You’re correct, there is no septic proposed in Orange County so the review authority would be Chatham 330
County on that. 331
332
Lucy Harber: I want to thank the Planning Board members for your careful review of the comments that we sent in and I 333
did send in written comments but also felt compelled to speak as well because I feel pretty passionate about water and 334
traffic. I didn’t think I could communicate that as easily in letter or email but I also wanted to thank you. Historically, 335
Orange County is pretty careful in its approach to planning and development because it has protected the environment 336
12
D R A F T
and natural resources that we enjoy out here. I really appreciate being able to do country living out here for the last 35 337
years. We’ve seen a lot of change during that time but this is a lot of change that is happening very fast. In addition to the 338
Pyewacket, there is also Morgan’s Ridge which is adding another close to 50 houses so we basically have a small city 339
mushrooming out here near our quiet rural area. It’s kind of a concern in the fact that they have to supply water to all of 340
these homes both in Pyewacket and Morgan’s Ridge which is a big draw on the existing ground water. I am not a 341
hydrologist and I don’t propose that I understood the reports that I was reading, but for what I read, it seems like there is 342
not actually an aquifer in this part of Orange County. In terms of well yields, this is one of the parts of the County where 343
the well yields are the lowest and that is because of the rock formations underground, you’re not actually tapping into an 344
aquifer, you are getting cracks in the rock. The further down you go, you don’t necessarily hit more water because the 345
weight of the ground compresses the crack so there are fewer cracks. The small yield wells that we have which most of 346
my neighbors also deal with on a daily basis, drilling deeper doesn’t necessarily help you. The most recent neighbor who 347
drilled a well had to go 700 feet and it was a very expensive endeavor. I don’t know how much more water they are 348
getting out of it but I think it’s the geology of this part of the County. One of the things that I requested in my brief 349
comments, was hopefully someone from the North Carolina ground water state agencies could come in and answer 350
questions for us or provide us with data from some of the monitoring wells there in Orange County. The maps that I 351
looked at did not seem to have any wells that were very close to here but in the statistics it did have there is a lot of 352
variability in wells in Orange County. In the summer and winter you really start to panic about if there is going to be 353
enough water. 354
355
Helen Booher: I live on Jones Ferry Road not too far down from the intersection with Ferguson and I’ll second everything 356
that Lucy said with the wells. We’ve had our wells run dry lots of times during the summer and we’ve been told that this 357
area of Orange County and over into Chatham is just kind of how it is. I’m concerned that with the number of houses that’s 358
proposed for this development that houses really would need to conserve water and how do you get that number of 359
households to work together and do that? I think that we’ll be drilling all over the place trying to find enough water for that 360
number of households. Also, traffic is a big concern with everyone commuting in the morning over the University Lake, I 361
think traffic is going to get very backed up. Also, as mentioned before, the section of Jones Ferry Road this is at is a very 362
straight section so it’s the first straight stretch of road and people really speed up right at this part of the road. That’s going 363
to be a dangerous situation for having more cars entering on and off the road here. People use Jones Ferry to bike a lot 364
there on a curvy road with more traffic, I think that is going to be a dangerous situation as well. 365
366
Warren Mitchell I think that most of the issues have to do with water and traffic and I am going to work on both of those 367
and talk to NCDOT regarding Jones Ferry and what can be done. It is an existing problem and people are speeding up 368
there. I don’t have any thoughts about it at this time. 369
370
David Blankfard: Do they have to have a traffic study? 371
372
Molly Boyle: That’s going to be up to NCDOT to determine. Attachment 6 is the ITE Trip Generation data. They haven’t 373
fully submitted to NCDOT yet. Mr. Mitchell was waiting to see if the Concept Plan was feasible before moving forward with 374
the cost associated with applying with NCDOT. It is possible based on the Trip Generation data that they will required to 375
have a Traffic Impact Analysis (TIA) but I’m not sure yet. I did talk to Jennifer Britt who is the Assistant District Engineer 376
for Highway Division 8, District 1 which is the one that oversees Chatham County and she is aware of the project. She 377
saw the ITE Trip Generation Report and she’s seen the Concept Plan but they are still reviewing. They haven’t gotten the 378
formal submittal yet in order to determine if a TIA is required but it is possible. If that is required, then NCDOT review and 379
approval would be required as part of the Preliminary Plat, not the acceptance of it but their review would be part of the 380
Preliminary Plat that would come before you next time. 381
382
Charity Kirk: What realistically, can we do? I appreciated Lucy’s acquifer/not really aquifer status so I would find it helpful 383
to me to know more about the water status for the area. Can this be postponed until Morgan Ridge is further along? Right 384
now there are 50 houses going in and now we are going to be bumping it up to 150 houses in a pretty non dense area so 385
what realistically can we do at as a Board right now? Is that to approve it we would like this in the future or what can we 386
do? 387
388
Michael Harvey: So I think that the straightforward answer is you can ask the applicant if they are willing to delay. In my 389
opinion, you are being asked to approve what would normally have been an exempt subdivision in Orange County and the 390
only reason you are reviewing it at all is because, as Molly has already pointed out and as detailed in your abstract, is 391
13
D R A F T
because of the public road being proposed. That is the only reason why we are seeing it. I don’t say that to diminish your 392
desire to look for more information, I just want to be factual. 393
394
Charity Kirk: But we can squelch it by not approving it. 395
396
Michael Harvey: As Molly pointed out, and it’s in your abstract, you have three options. You can approve and what the 397
approval does is it allows the applicant to move forward, the approval of the Concept Plan does not guarantee a 398
Preliminary Plot gets approved, itjust allows the applicant to continue. There are a lot of factors that might impact Mr. 399
Mitchell being able to move forward that have nothing to do with Orange County, or Chatham County for that matter. 400
There may be DOT issues or well issues. There are a slew of things that could occur. You could approve this with 401
conditions. Those conditions could range from you want more information from Chatham County on the septic permitting 402
process and their review of the septic locations; you want Mr. Mitchell to provide more detail on water usage and ways that 403
water could be conserved; you can ask for additional traffic impact data prior to the Preliminary Plat so that it will help you 404
make a final decision; or your current option is to say that you are not comfortable approving it because you think that the 405
impacts outweigh the benefits and there is a vote. I certainly think that the Board has flexibility on one level to impose 406
some reasonable conditions to ask for more data. I think some of the answers are going to be answered as Mr. Mitchell 407
continues through his review in Chatham County, assuredly I think the Department of Transportation is going to weigh in 408
on any necessary traffic improvements and I think that there can be a condition or request for more water usage data as 409
well as if there is any preliminary well testing or drilling that is done to figure out what water flow is in this area. Those are 410
your three options and I think it is conceivable for you to discuss some conditions with the applicant and either approve, 411
approve with conditions or you can deny. If you do deny then I would ask that you are explicit in your rationale so that Mr. 412
Mitchell has an understanding of what you might need if he chooses to bring this up again after the statutory time has 413
passed to re-propose the development. 414
415
Melissa Poole: Since there are so many new people and we haven’t done one of these in a long time, to help understand 416
that this is preliminary concept, this still comes back before us at a later date in more detail. 417
418
Molly Boyle: Yes, that is correct, this is just the Concept Plan and then the applicant would have to come back and apply 419
for a Preliminary Plat and that is when you will see something that looks more like the plat that you are used to with the 420
metes and bounds and certifications. Also at that point you would have more concrete data and review from NCDOT in 421
terms of the public road, any improvements they might require. You are correct once this is the Concept Plan, assuming 422
approved, then Mr. Mitchell would have to apply for a Preliminary Plat and that would go to the Development Advisory 423
(DAC) again and would then come before you again and then it would go on to the Board of County Commissioners. 424
425
Adam Beeman: I would propose since the water is an issue that the developer take the well off Orange County’s property 426
all together and find another location in Chatham. That takes it out of our decision-making. Then all we are doing is 427
deciding on a road. 428
429
Charity Kirk: I would still…Orange County and Chatham is just a line. I would still want to know the well status. 430
431
Adam Beeman: We don’t control that, that’s the definition; we don’t have control of that. 432
433
Charity Kirk: We can still approve or deny the road. 434
435
Adam Beeman: I don’t agree with that. But I would like to shift the driveway to the left of the utility pole so it doesn’t affect 436
the neighbors and move the well off the Orange County parcel. That is my request from the developer, I don’t know if the 437
rest of the Board agrees with me. 438
439
Melissa Poole: I agree with Adam. In the conditions for the Preliminary, I would like to see more information about the 440
shifting that road. 441
442
David Blankfard: Will the Orange County residents be able to comment on the Chatham County proposal for 443
development? 444
445
Molly Boyle: I believe anyone within the notification boundary there, in terms of the neighborhood information meetings. 446
Some of the people in Orange County were captured in that so I would assume so but I’m not 100 percent that if they were 447
14
D R A F T
in the notification boundary they would be able to speak. I believe their notification radius is 500 feet from the property 448
which is the statutory requirement. Orange County doubles it and goes to 1,000 feet but at the bare minimum it’s 500 feet. 449
[staff note, in retrospect, the distance required by statute was stated incorrectly; state statutes do not require notifications 450
for subdivisions as statutes allow subdivisions to be approved administratively (no public notice required). In cases of 451
zoning changes, state statutes require that abutting property owners receive mailed notification; local regulations can 452
contain a larger notification boundary, as Orange County does.] 453
454
Carrie Fletcher: My concern, and I agree with Charity, is that just because technically we call it Orange County and our 455
concern is only with Orange County and we can move the well off Orange County so it’s not our problem; we are talking 456
about a development that concerns Orange County and Chatham County and my concern is with the people buying these 457
homes and making sure they have access to water and that the people around them also have access to water and you’re 458
not cutting off someone’s nose to spite your face just because it’s not our jurisdiction and that we would leave these people 459
high and dry. I agree with what Lucy said about how the aquifers are tapped because that is my problem on my property 460
is that I am going down among different layers of rock not into an aquifer. I was wondering if the developer could give us 461
some kind of preliminary water drilling information as was proposed. I would be very concerned about that and I would like 462
to feel more comfortable about not impacting water availability to neighborhoods nearby. 463
464
Charity Kirk: I’m willing to approve it moving forward on the condition that we get more information about the status of the 465
water. I’m willing to potentially have a well in Orange County as long as there’s information about the wells in that area 466
and the quality. 467
468
David Blankfard: What I’ve heard so far is we would like the developer to look at headlight beams for the entrance onto 469
Jones Ferry; a traffic study, and the well, water quality and quantity, for wells in this area. 470
471
Whitney Watson: The other thing was water conservation measures for the homes. 472
473
Lamar Proctor: I’m like, I’m on an Orange County Planning Board and I am bringing detriment to Orange County citizens 474
to increase traffic and water use with no benefit to Orange County. I don’t understand why I would vote for this. I don’t 475
have any incentive to vote for it. I just tell that to Mr. Mitchell, because I appreciate his candor but I want to be candid too. 476
I don’t see what Orange County benefits from this. 477
478
David Blankfard: Not to put words in your mouth but didn’t you say that they would be shopping in Carrboro? 479
480
Lamar Proctor: That’s not a direct benefit, that’s a potential benefit, some shopping but that comes with detriments. It 481
comes with increased traffic on Jones Ferry; it comes with increased population growth. As Chatham blows up, if Orange 482
doesn’t do anything and it’s just a wall of Chatham along the line, I don’t see how that benefits Orange County in any direct 483
way. Is the property going to be preserved as the rest of the 60 acres? Is there going to be something else, another 484
development with expensive homes that would provide a tax base? Yes, there is potential benefit of going to Carrboro and 485
spending money but once again, that’s going to benefit Carrboro, I don’t know that’s going to benefit Orange County. My 486
constituents are Orange County. I’m trying to look at it holistically but if there is no benefit and Orange County is not 487
getting anything out of it then I don’t have any incentive to vote for it. 488
489
Randy Marshall: My only comment is that Orange County is bordered by several different other counties and it is 490
incumbent upon us to be as considerate of developments on the other side of the county line as it is for them to be 491
considerate of Orange County developments so I think this is an implied sharing of responsibility when developments 492
cross county lines. I don’t think we need to be particularly selfish in terms of looking out for only Orange County because 493
there may be times when we want Chatham County or Durham County or Alamance County to give us some slack and 494
help us approve a development that we would like to have in our County. I am not necessarily in favor of going strictly by 495
what is in it for us. I think you could send it for Chatham to decide as many of the issues we brought up today are issues 496
that Chatham County has to deal with because a lot of those issues are not going to be part of the portion of Orange 497
County that being developed. 498
499
David Blankfard: I think it benefits Wendell Merritt who is an Orange County resident who going to sell this piece of 500
property and he gets to keep the rest of his property to do whatever he wants to do with it. 501
502
15
D R A F T
Lamar Proctor: I understand Mr. Marshall’s point but it’s a commercial development, it’s not a public development. It is a 503
completely moneymaking, profiteering, enterprise. I don’t know if Chatham or Alamance would do the same, I really don’t. 504
505
Warren Mitchell: Something I like to mention Mr. Proctor, it’s not a big revelation but it is being developed in the manner 506
that Orange County would develop. It’s 50% of open space, its 93 lots where the zoning allows 130. I also don’t believe 507
Chatham will blow up like you think. There is definitely growth happening in Chatham. Their watershed rules are strict, 508
they are not as strict as University Lake, which has really saved a lot of growth on Jones Ferry but the Chatham rules 509
really guard Jordan Lake. They are very protective of Jordan Lake and Jordan Lake Rules. There is no sewer in Chatham 510
County whatsoever so that really controls Chatham a lot and you have to do a private water system. There has been a 511
few like Governor’s Club, Fearrington Village, and Briar Chapel they had their wastewater treated. It’s going to be 512
developed in the same way that rural Orange County would develop. Like Molly said, it’s one lot for 40,000 square feet so 513
the zoning on this property is the same as the zoning in Orange County. That’s just an alternate perspective, it’s not to say 514
there is a benefit to Orange County but they are also not running wild across the border. I live in Chatham, I was born in 515
Chapel Hill, I’ve got perspective in both counties. They just passed their Land Use Plan four years ago and they are trying 516
to create the UDO to implement the Land Use Plan. If you look at it you’ll see nothing but green. They are protecting 517
farmland in Chatham, they are protecting all the open space. You would be very impressed with their Land Use Plan. I 518
am proud to live in Chatham and I think they are doing an excellent job. 519
520
Melissa Poole: Just to clarify, again, our voting on this is a vote to allow the developer to move forward in the process. It 521
is not a vote of yes on the development itself. 522
523
David Blankfard: That’s correct. To restate the 4 conditions, 1st is the headlights, investigate the headlights from the exit 524
onto house in front of entrance on Jones Ferry Road. 2nd is the traffic study; 3rd is the information on geology for the 525
aquifer and wells for these two parcels and 4th is the water conservation measures. 526
527
MOTION by Randy Marshall to recommend approval with the 4 added conditions . Seconded by Adam Beeman. 528
529
Adam Beeman: Yes 530
Susan Hunter: Yes 531
Charity Kirk Yes 532
Carrie Fletcher Yes 533
Lamar Proctor Yes 534
Melissa Poole: Yes 535
Whitney Watson Yes 536
Randy Marshall: Yes 537
Alexandra Allman Yes 538
David Blankfard: Yes 539
MOTION PASSED UNANIMOUSLY 540 541
542 AGENDA ITEM 8: ADJOURNMENT 543
Meeting was adjourned by consensus at 8:30 p.m. 544
545
546
547
________________________ 548
David Blankfard, Chair 549
16
D R A F T
1
SUMMARY NOTES 1
ORANGE COUNTY PLANNING BOARD 2
MAY 5, 2021 3
TRAINING SESSION 4
5
NOTE: A quorum is not required for Planning Board Training Sessions. 6
7
Due to current public health concerns, the training session was virtual. Members of the Planning Board and staff 8
participated in the meeting remotely. 9 10
MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Adam Beeman (Vice-Chair), 11
Cedar Grove Township Representative; Susan Hunter, Chapel Hill Township Representative; Lamar Proctor, 12
Cheeks Township Representative; Randy Marshall, At-Large Representative; Charity Kirk, At-Large 13
Representative; Alexandra Allman, At-Large Representative; Whitney Watson, , At-Large Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Michael Harvey, 16
Current Planning Supervisor 17
18
19
AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION – Staff will lead training on various materials aspects of 20
land use planning in Orange County 21
PRESENTER: Craig Benedict, Planning Director 22
23
Craig Benedict conducted a training session on various land uses in Orange County 24
17