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HomeMy WebLinkAboutPlanning Board - 090121 REVISED ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 �tA�ge �'o y7a r 17 �y y n 5 2 i s_ 0 or�ll r AGENDA ORANGE COUNTY PLANNING BOARD Wednesday, September 1, 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. INFORMATIONAL ITEMS 3 - 4 a. Planning Calendar for September and October 3. APPROVAL OF MINUTES 5 - 6 August 4, 2021 Regular Meeting Minutes 7 - 8 August 4, 2021 Ordinance Review Committee Notes 9 August 4, 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(a-)-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 ocpbpubliccommentCcDorangecountync.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 KOL4Ct5rS7uWpwEMgmMpew 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. 3 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Planning BOCC \Board Business 7:00 pm* Meeting 7:00 pm Virtual Meeting Virtual Meeting 5 6 7 8 9 10 11 • BOCC • Work Session • 7:00 pm Virtual Meeting 12 13 14 15 16 17 18 Board of BOCC OUTBoard Adjustment Business Meeting 7:00 pm Meeting 6:30 pm 7:00 pm Virtual Meeting Virtual Meeting 19 20 21 22 23 24 25 26 27 28 29 30 Notes:*Planning Board Member Attendance Required Virtual Meeting 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Notes: *Planning Board Member Attendance Required-Virtual Meeting 3 4 5 6 7 8 9 BOCC Planning Board Business 7:00 pm* Meeting 7 p.m. Virtual Meeting Virtual Meeting 10 11 12 13 14 15 16 Board of Adjustment 7 p.m. 17 18 19 20 21 22 23 BOCC OUTBoard Business Meeting Meeting 6:30 p.m. 7 p.m. Virtual Meeting Virtual Meeting 24 25 26 27 28 31 Notes: Planning Board Member Attendance Required 5 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 4,2021 4 REGULAR MEETING 5 (Due to current public health concerns, this meeting was held virtually. 6 Members of the Planning Board, staff and public participated remotely) 7 8 9 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Randy Marshall,At-Large 10 Representative; Susan Hunter, Chapel Hill Township Representative; Alexandra Allman,At-Large Representative; Melissa 11 Poole, Little River Township Representative; Whitney Watson, At-Large Representative; Charity Kirk, At-Large 12 Representative; 13 14 15 MEMBERS ABSENT: Adam Beeman (Vice-Chair), Cedar Grove Township Representative; Lamar Proctor, Cheeks 16 Township Representative; Kim Piracci, Eno Township Representative; Carrie Fletcher, Bingham Township Representative; 17 Statler Gilfillen, At-Large Representative; 18 19 20 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Pat Mallet, Erosion 21 Control and Stormwater Supervisor; Christopher Sandt, Staff Engineer, Tom Altieri, Comprehensive Planning Supervisor; 22 Michael Harvey, Current Planning Supervisor; Tina Love, Administrative Support 23 24 25 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 26 Chair David Blankfard called the meeting to order. 27 28 29 AGENDA ITEM 2: INFORMATION ITEMS 30 a. Planning Calendar for August and September 31 32 33 AGENDA ITEM 3: APPROVAL OF MINUTES 34 July 7, 2021 Regular Meeting Minutes 35 July 7, 2021 Training Notes 36 37 MOTION BY Melissa Poole to approve the July 7, 2021 Regular Meeting Minutes and Training Notes. Seconded by Sue 38 Hunter. 39 40 ROLLCALL VOTE: 41 Melissa Poole Yes 42 Susan Hunter Yes 43 Whitney Watson Yes 44 Randy Marshall Yes 45 Alexandra Allman Yes 46 Charity Kirk Yes 47 David Blankfard Yes 48 MOTION PASSED UNANIMOUSLY 49 50 51 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA. 52 53 There were none 54 55 56 6 DRAFT 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 7: CHAIR COMMENTS 78 79 There were none 80 81 82 AGENDA ITEM 8: ADJOURNMENT 83 Meeting was adjourned by consensus at 7:06 p.m. 84 85 86 David Blankfard, Chair 7 DRAFT 1 SUMMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 4,2021 4 ORDINANCE REVIEW COMMITTEE/TRAINING SESSION 5 6 NOTE: A quorum is not required for Planning Board Ordinance Review Committee meetings or Training Sessions. 7 8 Due to current public health concerns, the ORC meeting/training session was virtual. Members of the Planning Board and 9 staff participated in the meeting remotely. 10 11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Randy Marshall,At-Large 12 Representative; Susan Hunter, Chapel Hill Township Representative;Alexandra Allman, At-Large Representative; 13 Melissa Poole, Little River Township Representative; Whitney Watson, At-Large Representative; Charity Kirk, At-Large 14 Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Patrick Mallett, Erosion 17 Control and Stormwater Supervisor; Christopher Sandt, Staff Engineer; Tom Altieri, Comprehensive Planning Supervisor; 18 Michael Harvey, Current Planning Supervisor; 19 20 AGENDA ITEM 1: CALL TO ORDER 21 22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—PERFORMANCE GUARANTEES-To review 23 proposed UDO amendments related to performance guarantees. 24 PRESENTER: Christopher Sandt, Staff Engineer and Michael Harvey, Current Planning Supervisor 25 26 Christopher presented a PowerPoint Presentation on proposed amendments to the UDO regarding performance 27 guarantees and streamlining the terminology. 28 29 David Blankfard: To change the permitted start time from 18 months to 3 years seems like a long time to me. 30 31 Christopher Sandt: This is to match the state requirements and pertains to larger projects. 32 33 Patrick Mallett: The single family homes do usually start within 18 months. This pertains mostly to the bigger projects that 34 can take 5 to 8 years to complete. 35 36 Randy Marshall: Most are simply text revisions and not significant revisions, do you anticipate anything that will be 37 controversial that we should discuss? 38 39 Christopher Sandt: We are dropping the requirement for an SCM maintenance guarantee. What we ran into was the 40 legality that we can't take lead on performing work on private property. From a staff level we don't have the manpower to 41 track that. 42 43 Patrick Mallett: We have a good solid ordinance but there are conflicts and what we are proposing is eliminating a lot of 44 the confusion and matching up with the state. 45 46 David Blankfard: I still think 3 years is a little long to start moving dirt. When does Wake County and Durham County 47 have to get started? 48 49 Patrick Mallett: It varies, in Cary,for example, it's when land disturbing activity actually starts versus the preconstruction 50 meeting. 51 52 David Blankfard: Does anyone else on the Board have a problem with 3 years? 1 8 DRAFT 53 54 Melissa Poole: I don't think 3 years is unreasonable. 55 56 David Blankfard: Ok 57 58 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — CONCEPT PLANS FOR CONDITIONAL 59 DISTRICTS-To review proposed UDO amendments to require submittal and review of concept plans 60 for conditional district rezoning applications 61 PRESENTER: Michael Harvey, Current Planning Supervisor 62 63 Michael Harvey presented information and the history on proposed UDO text amendments to require submittal and 64 review of concept plans for conditional district rezoning applications 65 66 Melissa Poole: Rather than going to the Planning Board,this means it will go to the County Commissioners and then 67 come to the Planning Board? 68 69 Michael Harvey: What we're doing is adding a Concept Plan review to the existing process that will go to the BOCC at a 70 regular meeting; this will allow the applicant to solicit feedback from the elected officials and potentially members of the 71 community. After the conclusion of that meeting, applicants are still obligated to submit a formal Conditional District 72 rezoning application. That application goes to a Neighborhood Information Meeting (NIM), it then comes to the Planning 73 Board for recommendation and then ultimately goes to the Board of Commissioners for review and action. The Concept 74 Plan is really an opportunity for the applicant to gauge from the elected officials their interest for seeing the project go 75 through the process. 76 77 Melissa Poole: Do we anticipate that adding steps to the process will deter projects, particularly industrial development, 78 business development and economic development in Orange County. 79 80 Michael Harvey: I think any developer would say that any increase to a process represents time and money to them in 81 terms of investment and delay. But any insight into the project before they have spent a ton of money or lined up experts 82 or final engineering would probably be beneficial to them and might lead to a smoother review process. 83 84 David Blankfard:What do you think it's going to cost? 85 86 Michael Harvey: My recommendation to the Planning Director for a Concept Plan application fee would be a minimum 87 staff fee of$250 to$300 for our initial review and the advertising would be based on how many properties are within 88 1,000 feet. It is still being reviewed. 89 90 Alexandra Allman: After the Concept Plan meeting do you picture the applicant getting a recommendation or they go to a 91 meeting and that's that,will your staff provide recommendations? 92 93 Michael Harvey: My hope is that the applicant takes the constructive observations to heart and potentially modifies their 94 plans to address elected officials, community, and staff concerns. The applicant can choose to ignore them and say this 95 is the project we are proposing and we are going with what we perceive is the most beneficial project for the area it is 96 being located in. But they run a risk of a negative reaction to their proposal, especially if there are concerns brought to 97 their attention by the participates in the Concept Plan review. My hope is they will do their best to address any concerns 98 but staff cannot compel or require the applicant to alter their proposal to address initial community comment. We can 99 only strongly advise them and provide guidance on compliance with regulatory matters. Of course, if the concern is 100 directly related to complying with applicable land use regulations, staff has broader authority to compel changes. 101 102 AGENDA ITEM 4: ADJOURNMENT 103 The ORC/Training session was adjourned at 7:59 p.m. 104 2 9 DRAFT 1 SUMMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 4,2021 4 TRAINING SESSION 5 6 NOTE: A quorum is not required for Planning Board Training Sessions. 7 8 Due to current public health concerns, the training session was virtual. Members of the Planning Board and staff 9 participated in the meeting remotely. 10 11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Randy Marshall, At-Large 12 Representative; Susan Hunter, Chapel Hill Township Representative; Alexandra Allman, At-Large Representative; 13 Whitney Watson, At-Large Representative; 14 15 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Michael Harvey, 16 Current Planning Supervisor; Tom Altieri, Comprehensive Planning Supervisor; Patrick Mallett, Erosion Control & 17 Stormwater Supervisor 18 19 20 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION — Staff will lead training on various materials aspects of 21 land use regulation in Orange County 22 PRESENTER: Perdita Holtz, Planning Systems Coordinator 23 24 Perdita Holtz conducted a training session on "plans and agreements that affect planning in Orange County." 1