HomeMy WebLinkAbout4.5.23 PB Minutes Approved 5 - 3 - 2023
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 AP RI L 5 , 2023
4 REGULAR MEETING
5
6 MEMBERS PRESENT : Adam Beeman ( Chair) , Cedar Grove Township Representative ; Lamar
7 Proctor (Vice - Chair) , Cheeks Township Representative ; Melissa Poole , Little River Township
8 Representative ; Beth Bronson , At - Large Representative ; Charity Kirk , At - Large Representative ;
9 Statler Gilfillen , Eno Township Representative ; Delores Bailey , At- Large Representative ; Steve
10 Kaufmann , Bingham Township Representative ; Chris Johnston , Hillsborough Township
11 Representative ; Liz Kalies , Chapel Hill Township Representative ;
12
13 STAFF PRESENT : Cy Stober , Planning & Inspections Director ; Taylor Perschau , Current
14 Planning and Zoning Supervisor ; Tyler Sliger , Planner II ; Lauren Coffey , Planning Technician ;
15 Nishith Trivedi , Transportation Services Director
16
17
18 OTHERS PRESENT : Dan Jewell , Applicant ; Keith Brown , Applicant ; James Parker , Applicant ;
19 Lyle Overcash , Nick Kirkland , Joey Webb , Patrick Byker , Eric Silinish , Will Wirt , Patrick
20 Cummings , Susan Wells , John Cates , Ben Morgan , Beth Muirhead , John Dempsey , Margo
21 Lakin , Clancy Russell , Jenn Weaver , Kathleen Ferguson , Susan Swafford , Alex Quigley , Drake
22 Edwards , Gary Rodgers , Amber Bickford , Raul Herrera , John Cox , Earl Tye , Mary Parkinson ,
23 Jennifer Bailey , John Hughes , Margo Lakin , John Dempsey , Margaret Cates , Sandra Brown ,
24 Thomas Brown , Emilee Collins , Jessica King , Carolyn Robinson , Jamie Burgess - Flowers ,
25 Carolyn Cadamski , Rhonda Zack , Wanda Richardson , Edwin Cox , Mel Huang , Maryalice
26 Nocera , Charlie Clouse , Reynald Chatelain , Debra Fields , Jenni Edwards , Meg Kelly , Drake
27 Edwards , Dan Bivins , Steve Kirby , Alison Sommerstad , Robert James , William Brodeur , Sally
28 Brodeur , Aaron Kirk , Vicki Hill , Amber Bickford , Aaron Kessler , Karen Sexton , Cheryl Howard ,
29 Alyson Miller , Linda Nathanson , Kathleen Harper , Eric Lindblom , Nick Schumacher , Kathy
30 Bivins , Kiersten Fitzgerald , Jeff Powell , Allan Green , Matt McDermott , Meaghun Darab , Neal
31 Fisher , Melissa Fisher , Bonnie Alexander , Linda Johnson , Tracy Schumacher , Jack Niklas ,
32 Rachael Price , Ross Goldbaun , Brandon Welch , Hugo Sequeira , Amy Carabetta , Robert
33 Minton , Ashley Snipes , Daniel Snipes , Scott Comer , Susan Walser , Mark Micol , Jim Hopper ,
34 Jay Hopper , Tony Bayless , Delores Bayless , Scott Czechlewski , Hollis Chatelain , Alex Stanford ,
35 Rhonda Zack , Crawford Horne , Felicia Horne , Bill Aucoin , Mark Zack , Rachel Hawkins , Allison
36 Nichols , Hank Clapper , Jim West , Donna Clapp , Tiffany Alrefae , Janet Wright- Simpson , Faye
37 Rhode , Kimberly Leary , Marian Adamson , Bethany Kidd , Ashley Anston , H . Nad Worny , Curtis
38 Kelly , Jason Zoladz , Jeff Reilich , Christine Jackle , Virginia Rhodes , Ryan Rigabar ,
39
40 AGENDA ITEM 1 : CALL TO ORDER AND ROLL CALL
41 Chair Adam Beeman called the meeting to order .
42
43 AGENDA ITEM 2 : ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED PLANNING
44 BOARD MEMBERS
45
46 This item was moved to later in the meeting , after discussion and before the public comment
47 portion of item 8 .
48
49 AGENDA ITEM 3 : INFORMATION ITEMS
50 a . Planning Calendar for April and May
51 b . Introduction of Newly Appointed Planning Board Members
Approved 5 - 3 - 2023
52 Chris Johnston and Elizabeth Kalies
53 ( one position remains vacant)
54 c . UNC School of Government Blog Posts . Please review these two
55 informational posts prior to the meeting :
56
57 • https : Hcanons . sog . unc . edg /2021 / 10/ impermissible - considerations -for-
58 legislative - development- decisions/
59 https : Hcanons . sog . unc . edu /2021 / 10/ impermissible - considerations -for-
60 legislative - development - decisions/
61
62 AGENDA ITEM 4 : APPROVAL OF MINUTES
63 March 8 , 2023 Regular Meeting Minutes
64
65 MOTION BY Melissa Poole to approve the March 8 , 2022 Regular Meeting Minutes . Seconded
66 by Lamar Proctor .
67 MOTION PASSED UNANIMOUSLY
68
69
70 AGENDA ITEM 5 : CONSIDERATION OF ADDITIONS TO AGENDA .
71 There were none .
72
73 AGENDA ITEM 6 : PUBLIC CHARGE
74
75 Introduction to the Public Charge
76 The Board of County Commissioners , under the authority of North Carolina General Statute ,
77 appoints the Orange County Planning Board ( OCPB ) to uphold the written land development
78 laws of the County . The general purpose of OCPB is to guide and accomplish coordinated and
79 harmonious development . OCPB shall do so in a manner which considers the present and
80 future needs of its residents and businesses through efficient and responsive process that
81 contributes to and promotes the health , safety , and welfare of the overall County . The OCPB will
82 make every effort to uphold a vision of responsive governance and quality public services during
83 our deliberations , decisions , and recommendations .
84
85 Public Charge
86
87 The Planning Board pledges its respect to all present . The Board asks those attending this
88 meeting to conduct themselves in a respectful , courteous manner toward each other , County
89 staff, and Board members . At any time should a member of the Board or the public fail to
90 observe this charge , the Chair will take steps to restore order and decorum . Should it become
91 impossible to restore order and continue the meeting , the Chair will recess the meeting until
92 such time that a genuine commitment to this public charge is observed .
93
94 The Planning Board asks that all electronic devices such as cell phones , pagers , and computers
95 should please be turned off or set to silent/vibrate .
96
97 Please be kind to everyone .
98
99 AGENDA ITEM 7 : CHAIR COMMENTS
100 There were none .
101
Approved 5 - 3 - 2023
102 AGENDA ITEM 8 : ZONING ATLAS AMENDMENT ( CONDITIONAL DISTRICT ) - To review
103 and make a recommendation to the BOCC on an applicant- initiated zoning atlas amendment to
104 rezone two parcels totaling 190 . 6 acres from AR (Agricultural Residential ) to R- CD ( Residential
105 Conditional District) .
106
107 The parcels ' addresses are 4801 and 4901 Dairyland Road in the Bingham Township ( PINs
108 9841 - 52 - 7281 and 9840 - 79 - 5091 ) . This item is scheduled for BOCC public hearing on May 2 ,
109 2023 .
110
111 Presenter : Tyler Sliger , Planner II
112
113 Tyler Sliger gave a presentation on the proposed amendment then answered questions .
114
115 Keith Brown , President of Sun Forest Systems , gave comments about his company and their
116 design goals .
117
118 Dan Jewell , Landscape Architect with Thomas & Hutton Engineering , gave comments about
119 specific details of the project .
120
121 Adam Beeman - How many square feet do you anticipate the houses being ?
122
123 Dan Jewell - Anywhere from 2 , 500 -4 , 000 . Since the footprint must remain relatively small , they
124 will probably be mostly two - story houses .
125
126 Steve Kaufmann - Will there be a covenant that the house must be a certain size ?
127
128 Dan Jewell - ( after consulting with Keith Brown ) yes , 1 , 500 .
129
130 Steve Kaufmann - I live near an area that is gorgeous but there are only large homes on the lots .
131
132 Dan Jewell - Orange County allows for accessory dwellings and we are going to encourage folks
133 to look into providing accessory dwellings on their properties if that is a good fit for them .
134
135 Chris Johnston - Would those accessory dwellings count towards the amount that you ' ve
136 allocated for each area ?
137
138 Dan Jewell - Yes , they would . One of the things we ' ve discussed is that if they want to do an
139 accessory dwelling , we may give them a little extra impervious surface allocation for their lot to
140 do that .
141
142 Chris Johnston - When would you deploy the impervious storm percentages if you aren ' t sure
143 how large each lot will be ?
144
145 Dan Jewell - We would make that decision when we came in with our final plat .
146
147 Lamar Proctor- There is a designation of a Resource Protection Area in the northeast corner , 13
148 acres , is that going to be preserved or is it going to be logged over or is that the wetland up in
149 that corner?
150
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151 Dan Jewell . Nothing will be logged over . We ' ve worked hard with staff to make sure that the
152 work we are doing in there meets the requirements that are put in place in that preservation
153 area .
154
155 Lamar Proctor- You consulted with NC Wildlife Resource Commission , and they gave
156 recommendations . I assume you are going to follow those or incorporate those ?
157
158 Dan Jewell - The best we can , yes , those are good recommendations .
159
160 Adam Beeman - The ADUs must fall under the perking guidelines , you can ' t just tack on an
161 ADU . You should already have an understanding of which lot will have the ability to have that
162 ADU built in .
163
164 Dan Jewell - Absolutely , each lot has a finite number of bedrooms that can be served .
165
166 Liz Kalies - You mentioned having permanent conserved open space , are you going to have an
167 easement or how will you be sure it ' s permanent?
168
169 Dan Jewell - It would be recorded as part of the final plat , and our understanding is what you
170 recommend , hopefully , and the commissioners approve , is codified in law through the
171 recordation at the county courthouse . It would be preserved that way . The only way to undo it as
172 open space would be to come back with another conditional zoning once again and I don ' t know
173 anyone who would want to do that .
174
175 Delores Bailey- Is this community going to have an HOA?
176
177 Dan Jewell - Yes , it will have an HOA because all of the common land will have maintenance
178 responsibilities and the HOA will take care of that .
179
180 Chris Johnston - Would you be maintaining the property the entire time . . . .
181
182 Keith Brown - We would turn it over once all the homes are built , or at least a large percentage
183 of them , and all stormwater retention and everything was done . . .
184
185 Chris Johnston - and then the declarant would take over the HOA?
186
187 Dan Jewell - Yes , that is quite common . When someone looks to purchase a lot , that would be
188 transparent to them that these would be the requirements at some point .
189
190 Beth Bronson - Does that describe how the open space is going to be managed because it ' s
191 quite a large piece . Will it be landscaped at the time of sale of the lots ?
192
193 Keith Brown - That will be a progressive process , we will go in there and continue to enhance it .
194 We have the idea of coming in there and constantly adding to it over time , putting pear trees in ,
195 grapes , vines and what we think of as a bio - diverse farm as we build it into something that we
196 can all be a part of. There ' s even a thought process of having a trail system that has an edible
197 aspect to it where you can have marked plants that as you teach your children what the
198 environment is about and what God ' s given us with this earth , that they can enjoy it in a multi -
199 dimensional way .
200
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201 Dan Jewell . There would be a management plan that we would need to develop for that , and we
202 would look for some guidance from some of the folks with the county who deal with that sort of
203 thing .
204
205 Beth Bronson . Do you have to have a stormwater management plan ?
206
207 Dan Jewell - A stormwater management plan is required and a maintenance plan . That will be
208 part of the responsibility of the HOA to have those annual inspections and maintain it . The
209 stormwater plan would have to be worked out and agreed to at the time of the final plat . The
210 county is not going to give us the approval until we have that in place .
211
212 Beth Bronson - Do you plan to disturb any of the open land other than where the homesites will
213 go ?
214
215 Dan Jewell - Other than to build the stormwater facilities , and the modest amount of disturbance
216 that would be needed to add outbuildings to support the small agricultural component .
217 Obviously with the agriculture , which would involve tillage but other than that , no .
218
219 Beth Bronson - The Architectural Review Board would be responsible for the design of the
220 homebuilder?
221
222 Keith Brown - There would be stipulations and regulations and design detail specifying what we
223 would expect the homeowners to build . This would be managed through the ARB .
224
225 Beth Bronson - So the ARB is the opportunity for you to say , " This is what we would like to
226 establish . "
227
228 Keith Brown - We would establish what we want as a farm architecture and the details as well as
229 the position on the property , how it ' s working with the topography .
230
231 Statler Gilfillen - When you use the word architect , are you implying that all the designs will be
232 done by licensed architects for submittal ?
233
234 Keith Brown - Answered yes off microphone.
235
236 AGENDA ITEM 2 : ADMINISTER OATH OF OFFICE TO TWO NEWLY APPOINTED
237 MEMBERS
238
239 Chris Johnston and Elizabeth Kalies were sworn in as Planning Board members by Mary
240 Bryant , Notary Public in the State of North Carolina .
241
242 Public Comment
243
244 Susan Wells - I ' m a resident of Bingham Township , I attended the neighborhood meeting . 1
245 thought it was a good meeting , I have a couple of comments and points that I want to make . We
246 live in a cohesive , rural community . Bingham Township is a great community to live in . I think
247 this would be a good addition to the community . I bought a parcel of land in a community similar
248 to this many years ago and experienced one of the worst things you could experience in a
249 development . The developer didn ' t have good written restrictions . He promised trails , the trails
250 disappeared , all the access to the trails disappeared . It was not written well in the documents .
251 He promised land in the conservation easement that several lots would back up to , that got
Approved 5 - 3 -2023
252 traded to someone else and now there are motocross bike paths . That was not clarified in any
253 of the documents . The front of the property became an agribusiness , and they allowed
254 weddings and concerts which brought a lot of traffic and music . My concern is the 70 acres of
255 common area . If there aren ' t good restrictions on that , the surrounding community may suffer .
256 The developer will have control of the land until it is turned over to the homeowners . The
257 developer talks about farming on that land , and he could go to the state and get a farming
258 exemption . This would make him exempt from all kinds of regulations . He could build buildings
259 without county building codes , he can do wedding venues , he can do music venues . What 1
260 would like to recommend is to put a conservation easement on the land and then have someone
261 else manage it like Triangle Land Conservancy . You could guide them to create the restrictions .
262 Orange County doesn ' t have a good track record . . . .
263
264 John Cates - I ' m a neighbor and owner of a farm that has been in my family since the 1700 ' s .
265 The Snipes and Kirks have been our neighbors for a long time . The farmers in the community
266 are good stewards of the land . I ' m appreciative of the effort they have put into this , to protect the
267 rural agricultural landscape of the community . I am very much in support of this plan . When I
268 drive through Wake County , and I see the backs of houses along the road on one side and
269 agricultural land on the other side . I ' m thankful that this plan fits with Orange County and the
270 way we preserve land versus the way other counties around us do it . My hat is off to the
271 planning board and the job that you are doing . I think that any concerns that the neighbors have
272 are legitimate concerning conservation . I drink coffee in the morning and watch the sun come up
273 on the hill where they are going to put the houses . The farmers are great stewards of the land .
274 They have been caring for the land for a long time and the plan that these generations of
275 farmers have put into protecting our area is very much appreciated .
276
277 Ben Morgan - Dairyland Road resident , lifelong Orange County resident , I raise livestock on my
278 property and am also in law enforcement , as well as a firearms instructor and do training and
279 qualifications on my property . My concern is the noise and disturbance that I will generate for
280 the development and the other way around , the construction noise . The first time I heard about
281 this meeting was yesterday . I wish my wife could have come because she loves to speak . I wish
282 the developers or property owners had met with us about our concerns , I would have loved to
283 have purchased any amount of buffer area or been provided any sort of buffer from this
284 development .
285
286 Beth Muirhead - Neighbor & farm owner , I am concerned about one thing , the property ,
287 especially part of the open spaces they ' ve got , joins my property . I raise racehorses and grow
288 trees . I ' m just concerned about the amount of human traffic this is going to be . It looks like if that
289 open space is right down to my property line , without a privacy fence there , it ' s going to look like
290 it is just open because it ' s busy down there . I ' ve also been cautioned by the attorneys because
291 there is a lake down there and it is lovely . People do go down and swim down there without
292 permission . I ' ve just found out that if a child goes down there and drowns in my lake , then I will
293 be responsible for it and will be the one that gets sued . It is a tremendous amount of concern to
294 me . I ' ve already accepted that I ' m going to have to put padlocks on the fences so that no one
295 goes in there and gets in trouble , but they can climb over the fence , that ' s a concern . My horses
296 are wonderful animals but I ' m just concerned about dealing with traffic and I think that some
297 kind of delineation of the property line . . . . . I don ' t think I have the right to tell the Snipes what they
298 can and can ' t do with their property , I just want to protect where my property adjoins their
299 property . . . . 1 don ' t want to have to put up " no trespassing or private property" signs , to me that ' s
300 not very friendly but I ' m told that if I don ' t do that , it ' s going to be worse . I would just like for
301 everybody to be aware that there are other people that are worried about this same thing .
302
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303 Adam Beeman - Would you like to respond to the question she had about the fencing ?
304
305 Keith Brown . I appreciate your concerns , we will put a fence across there at your property line
306 and put no trespassing " signs on it . I ' ve been there and seen your pond and lake and it ' s quite
307 beautiful . I agree that it would be an attraction for a small kid , and I think that we should take
308 precautions in that . I would also take the same attitude that is a part of our community that if
309 they have reservations about anything , we are open to discussing and making sure that their
310 needs are addressed , and their worries are abated by the cooperation that we would have as a
311 good neighbor .
312
313 Melissa Poole - What about people buying the property and the concerns from the gentleman
314 who teaches firearm training ? Are you going to make people aware ?
315
316 Keith Brown . They are moving to the country . I think there is a benefit in having people that are
317 armed and in the armed service and actually protecting us there on our property . We would not
318 oppose what he is already involved in nor impede that in any way and we would let others know
319 about it .
320
321 Delores Bailey- Can I ask about the concerns about the noise coming both ways ?
322
323 Keith Brown . What we want to do is make people aware of everything when they come there .
324 There ' s noise and there ' s gunshot , there ' s a firing range close by and this isn ' t the only firing
325 range that ' s close by . We would want everyone who comes there to know that this is indeed
326 there , so they aren ' t surprised . The last development we did , I remember being in the
327 neighborhood several times hearing a gunshot . It was in the country but in the heart of
328 everything , because our communities that are close yet rural , you go not too far from Chapel
329 Hill , Durham and Hillsborough , you are where the cows are . Hearing the gunshot wasn ' t
330 alarming . I will make everyone who comes there aware of what they are moving to .
331
332 Delores Bailey- What happens after you all are done with it ? Will there be policies in place . . . .
333
334 Keith Brown - The plan of the project is that we would set those standards . We will be
335 addressing all the concerns of the neighbors that will be moving in there . We have the same
336 needs and responsibilities to the adjoining neighbors , and we want to have an HOA and an ARB
337 that regulates that so it ' s not just happenstance or haphazard . We want to have a community of
338 quality that people will enjoy for a long time .
339
340 Beth Bronson . The point about the open space and the commitment to making the trails . . . .
341
342 Keith Brown - That would be part of the HOA ' s responsibility . . . .
343
344 Beth Bronson . Was there ever a discussion about creating a conservation easement because of
345 the size of the open space ?
346
347 Keith Brown . The conservation easement is something that we would see as a restriction to
348 farming and other things that we want but we will have in our covenants and our ARB and in the
349 regulations there , that those open areas will be maintained by the HOA and will be continuously
350 maintained . We are not going to go in there and change the aspect of what we sold the
351 community on in the beginning .
352
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353 Beth Bronson - I wouldn ' t expect the members of the HOA to have yard days to landscape 70
354 acres .
355
356 Keith Brown . They would not be landscaping 70 acres . That would be part of the HOA ' s
357 responsibilities .
358
359 Beth Bronson . They would have to figure out how they are going to . . . .
360
361 Keith Brown - We would have to do that in the beginning .
362
363 Beth Bronson - That would have to be laid out . . . .
364
365 Dan Jewell - I wanted to clarify , I think this is a relatively new process for you , this conditional
366 zoning , what it means is what we are showing on the plan and representing on the plan , is what
367 we have to do . That is codified and if we haven ' t shown things on the plan , then my
368 understanding is that we are not allowed to do that unless we come back for another rezoning .
369 Staff might want to confirm that but that ' s our understanding about how a conditional zoning
370 works . What you see is what we must do .
371
372 Beth Bronson - If you make any changes to the conditions that you have laid forth , you need to
373 come back and do rezoning .
374
375 Keith Brown - It would be more prudent on our part to figure it all out before we get going .
376
377 Statler Gilfillen - Question of clarification , you have made commitments to do certain things
378 verbally , is that a legally binding situation for our approval ?
379
380 Cy Stober- You have 4 options for voting this evening . One is to vote to recommend approval to
381 the commissioners , one is to vote to recommend denial , to recommend approval with
382 conditions , and to recommend to Commissioners that you need more time to deliberate . Those
383 are the four options so if you wish to include the conditions put forth this evening , which could
384 be part of your motion .
385
386 Beth Bronson - Was that what you were going to say before ?
387
388 Cy Stober- I was going to clarify a critical piece of conditional zoning is the site -specific plan .
389 The site plans that are in your packet and on . the screen are binding . That includes what you
390 see and what you don ' t see . Any new structures , or any new elements that would require a
391 permit from the county would require , if its not already shown on this plan , a rezoning and it
392 would have to go back through a public hearing .
393
394 Beth Bronson - This being the final plan .
395
396 Cy Stober- That ' s correct .
397
398 Beth Bronson - Would this be the final covenant as well ?
399
400 Cy Stober-The county does not regulate covenants . They would be recorded with the final plat
401 but that is a private matter for the property owner and anyone purchasing lots on that property .
402
403 Chris Johnston - How many lots will you retain ownership of , do you have a rough idea on that ?
Approved 5 - 3 - 2023
404
405 Keith Brown - As the declarant , our goal and the responsibility that I have is , with the partnership
406 with the Snipes family , is to sell the lots . We are not trying to retain them . Any that have not
407 been sold are managed by the HOA .
408
409 Tyler Sliger finished his presentation .
410
411 MOTION BY Melissa Poole to approve the petition to amend the Orange County Zoning Atlas to
412 rezone approximately 190 acres at 4801 and 4901 Dairyland Road from AR (Agricultural
413 Residential ) to R - CD ( Residential Conditional District) in accordance with section 2 . 9 . 1 C of the
414 UDO with the following conditions : the developer will add a privacy fence with " no trespassing "
415 signs delineating the property of the adjacent neighbor , Beth Muirhead , erected at PIN
416 9841734586 , the developers will make the buyers aware of a nearby shooting range and noise .
417 Seconded by Lamar Proctor ,
418 MOTION PASSED UNANIMOUSLY
419
420
421 AGENDA ITEM 9 : ZONING ATLAS AMENDMENT ( CONDITIONAL DISTRICT ) - To
422 review and make a recommendation to the BOCC on an applicant- initiated zoning atlas
423 amendment to rezone an 84 . 9 - acre parcel from R- 1 ( Rural Residential ) to MPD - CD ( Master
424 Plan Development Conditional District) .
425
426 The parcel is located near the intersection of Lawrence Road and US Hwy 70A in the Eno
427 Township ( PIN 9883 - 19 -4355 ) ; it does not have an assigned address . This item is scheduled for
428 BOCC public hearing on May 16 , 2023 ,
429
430
431 Cy Stober , Planning & Inspections Director , gave a brief description and background of the item
432 as well as an explanation of the rezoning process .
433
434 Cy Stober- 160D . 605 does make it clear that traffic impacts and level of service impacts to the
435 surrounding transportation network , cannot be a consideration for a zoning determination . I want
436 to make that very clear right now .
437
438 Beth Bronson - We cannot discuss traffic . . .
439
440 Cy Stober- You can discuss it , but per state law , you can ' t deny or approve it based on traffic . It
441 cannot be the basis of a zoning decision .
442
443 Beth Bronson - Thank you for making that clarification .
444
445 Chris Johnston - Can we just get clarification again that that is a state law and is not something
446 that Orange County has done , right ? Those guidelines are provided to us by the state . . .
447
448 Cy Stober- Yes , it is in Article 7 of the NC General Statute 160D .
449
450 Lamar Proctor- To clarify , what is before us is the entire rezoning plan as presented by the
451 applicant which includes two schools as well as the ball fields and the other facilities . So , it is a
452 site -specific plan , and we have to approve the conditions or deny based on that site specific
453 plan ?
454
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455 Cy Stober- That is correct , with the three primary uses tied together, yes .
456
457 Statler Gilfillen - So , we have the jurisdiction for recreational facilities and the traffic it might
458 impact , versus we have no jurisdiction to consider the impact of traffic from the schools
459 themselves ? They are separate issues . . .
460
461 Cy Stober- That "is correct . I will defer to the applicants and the traffic consultant ' s analysis and
462 executive summary that is provided in your packet , distinguishing the two uses .
463
464 Statler Gilfillen - It is my understanding also that considerations of a school are not under the
465 jurisdiction of this board either . . .
466
467 Cy Stober- A school , yes , the type of school , no . In your packet there are links to permissible
468 and impermissible considerations . The tenant of the building cannot be the basis of a
469 determination , the use can but not the user .
470
471 Statler Gilfillen - Let me make sure that I understand as a board member here . We have the right
472 to rule on a school whether it is appropriate as a use . We do not have the right , on a school to
473 look at the traffic implications of it though ?
474
475 Cy Stober- That is correct , by state law .
476
477 Taylor Perschau , Zoning and Planning Supervisor , reviewed the proposed amendment .
478
479 James Parker , applicant with Lawrence Road Partners LLC , gave a presentation .
480
481 Patrick Byker , attorney with Morningstar Law Group , gave a presentation .
482
483 Eric Silinish , Design Lead with Summit Design and Engineering gave a presentation .
484
485 Lyle Overcash , Project Manager/Traffic Engineer with Kimley Horn gave a presentation .
486
487 Statler Gilfillen - Just to clarify , looking at the southwest corner of 70 and Lawrence , is that
488 where the historic structure is ?
489
490 Lyle Overcash - yes .
491
492 Statler Gilfillen - How much would that conflict on that corner with the historic building ?
493
494 Lyle Overcash . There is 60 foot of right of way but understand , we have not surveyed this area ,
495 but we understand there is 60 foot of land in this area and so that would be our challenge is to
496 keep the improvements within the right of way .
497
498 Taylor Perschau - I want to clarify , I think there is some confusion here with US 70 and US 70 -A .
499 US 70 -A , is closer to the school property .
500
501 Will Wirt , Civil Designer with Summit Design and Engineering , gave a presentation .
502
503 Nick Kirkland , Certified General Appraiser with Kirkland Appraisals , gave a presentation .
504
505 Melissa Poole - What is the elementary school ?
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506
507 Joey Webb- We don ' t know yet .
508
509 Melissa Poole - In the paperwork , it says the Expedition School and just for disclosure , my
510 children attended Expedition School , so I wanted to be transparent .
511
512 Joey Webb . Your question though , is about . . . .
513
514 Melissa Poole - Was that the school , so that I can be transparent . We are not allowed to recuse
515 ourselves , so I want to be transparent .
516
517 Joey Webb - Got it . There is not a specifically assigned school for the K- 8 space yet . I ' ll let the
518 team discuss that further if they want to expound .
519
520 Statler Gilfillen - I am very confused by your answer . You say there isn ' t a K- l2 school , I don ' t
521 understand . . . .
522
523 Joey Webb - There is a 9 - 12 , I ' m representing West Triangle High School , the high school that
524 would be situated on one of the parcels .
525
526 Statler Gilfillen - You are representing the 9 - 12 , not speaking about the K- 8 .
527
528 Joey Webb - Correct . There will be some things I say that will be applicable to both but I will
529 make that clear .
530
531 Discussion about taking a break ensued .
532
533 Melissa Poole - I think we need to make aware that several years ago , we voted on a process to
534 have a 10 o ' clock cut off time in which we will set the date to reconvene and pick this meeting
535 back up if we hit 10 o ' clock .
536
537 Discussion ensued about continuing the meeting at a later date .
538
539 A five - minute break was taken .
540
541 Adam Beeman made a motion to close the meeting at 10 pm and have a special session back
542 on the 19th of this month and pick up where we left off .
543
544 Joey Webb , Education Consultant , gave a presentation .
545
546 Adam Beeman - I wanted to make it clear to the public that if you did sign up on the sheet to
547 speak , and you choose to come back on the 19th you will be able to speak . You do not have to
548 sign up again but there will be no new sign ups .
549
550 Patrick Cummings - Hillsborough Youth Athletic Association representative gave a presentation .
551
552 Mayor Jenn Weaver of Hillsborough read a letter that was written by her and endorsed by the
553 Hillsborough Town Commissioners . She was joined at the podium by Town Commissioner ,
554 Kathleen Ferguson .
555
556 MOTION BY Melissa Poole to adjourn the meeting and reconvene on April 19th at 7 pm .
Approved 5 - 3 -2023
557 Seconded by Lamar Proctor .
558 MOTION PASSED UNANIMOUSLY
559
560
561
562
563 Adam Beeman , Chair